An empirical analysis of non-legal factors influencing judging in student-initiated sex discrimination suits in higher education.
详细信息
文摘
The sexual interaction among students and educators has become a significant social issue in higher education,resulting in claims being brought to the U.S. courts by students and parents alleging sex discrimination and sexual harassment. These claims have been based on three principal legal theories: 1) the Equal Protection Clause of the Fourteenth Amendment to the United States Constitution,2) Title VII of the Civil Rights Act of 1964 42 U.S.C.A. §；2000),and 3) Title IX of the Educational Amendments of 1972 20 U.S.C.A. §；1681-1863). During its first phase,this study examined U.S. Courts of Appeal and U.S. District Court decisions involving sex discrimination in higher education between students and faculty or administration,brought to the court under the Equal Protection Clause of the Fourteenth Amendment,Title VII,and Title IX. The studys purpose was to examine the relationship among judges political ideology,judges gender,judges appointment era,plaintiffs gender,and judges voting in sex discrimination disputes. Judges individual voting,the single binary dependent variable,was classified as pro-plaintiff liberal) or pro-defendant conservative). Political ideology,appointment era,judges gender,and plaintiffs gender were set up as independent predictors. In addition to examining the relationship among the independent variables and individual voting,the study in its second phase examined case outcomes in United States Courts of Appeal to determine,among other things,if the composition of an appellate panel influenced decisional outcomes. The independent predictors in this phase of the study were the gender majority of the panel,the appointment era majority of the panel,the ideological majority of the panel,and the plaintiffs gender. The binary dependent variable was the case decisional outcome,either pro-plaintiff liberal) or pro-defendant conservative). Results with the individual database indicated that political ideology and plaintiffs gender were factors which influenced judge voting. Results of the panel database indicated that appointment era majority and plaintiffs gender were significant factors influencing case outcome.