Re: Superior Girl 1984.zip
Tanesha Prately
Following the disappearance of a 10-year-old girl in Des Moines, Iowa, respondent was arrested and arraigned in Davenport, Iowa. The police informed respondent's counsel that they would drive respondent back to Des Moines without questioning him, but during the trip one of the officers began a conversation with respondent that ultimately resulted in his making incriminating statements and directing the officers to the child's body. A systematic search of the area that was being conducted with the aid of 200 volunteers, and that had been initiated before respondent made the incriminating statements, was terminated when respondent guided police to the body. Before trial in an Iowa state court for first-degree murder, the court denied respondent's motion to suppress evidence of the body and all related evidence, including the body's condition as shown by an autopsy, respondent having contended that such evidence was the fruit of his illegally obtained statements made during the automobile ride. Respondent was convicted, and the Iowa Supreme Court affirmed, but later federal court habeas corpus proceedings ultimately resulted in this Court's holding that the police had obtained respondent's incriminating statements through interrogation in violation of his Sixth Amendment right to counsel. Brewer v. Williams, 430 U. S. 387. However, it was noted that, even though the statements could not be admitted at a second trial, evidence of the body's location and condition might be admissible on the theory that the body would have been discovered even if the incriminating statements had not been elicited from respondent. Id. at 430 U. S. 407, n. 12. At respondent's second state court trial, his incriminating statements were not offered in evidence, nor did the prosecution seek to show that respondent had directed the police to the child's body. However, evidence concerning the body's location and condition was admitted, the court having concluded that the State had proved that, if the search had continued, the body would have been discovered within a short time in essentially the same condition as it was actually found. Respondent was again convicted of first-degree murder, and the Iowa Supreme Court affirmed. In subsequent habeas corpus proceedings, the Federal District Court, denying relief, also concluded that the body inevitably would have been found. However, the
Before the voir dire examination of prospective jurors began at a trial in California Superior Court for the rape and murder of a teenage girl, petitioner moved that the voir dire be open to the public and the press. The State opposed the motion, arguing that, if the press were present, juror responses would lack the candor necessary to assure a fair trial. The trial judge agreed and permitted petitioner to attend the "general" but not the "individual" voir dire proceedings. All but approximately three days of the 6-week voir dire was thus closed to the public. After the jury was empaneled, petitioner moved for release of the complete transcript of the voir dire proceedings, but both defense counsel and the prosecutor argued that release of the transcript would violate the jurors' right to privacy. The court denied the motion and, after the defendant had been convicted and sentenced to death, denied petitioner's second application for release of the voir dire transcript. Petitioner then sought in the California Court of Appeal a writ of mandate to compel the trial court to release the transcript and vacate the order closing the voir dire proceedings. The petition was denied, and the California Supreme Court denied petitioner's request for a hearing.
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As these cases so tragically suggest, not only do many women suffer physical abuse at the hands of their mates, but a significant number of women kill (or are killed by) their husbands. In 1978, murders between husband and wife or girlfriend and boyfriend constituted 13% of all murders committed in the United States. Undoubtedly some of these arose from battering incidents. Federal Bureau of Investigation, Crime in the United States 1978 (1978). Men were the victims in 48% of these killings. Id.
The surgical management of 15 patients with partial anomalous pulmonary venous connection (PAPVC) to the high superior vena cava (SVC) is described. This new technique redirects the anomalous pulmonary venous flow into the left atrium through the cardiac end of the SVC, transected and oversewn above the anomalous pulmonary vein or veins, by coaptation of the atrial septal defect (or of the surgically created septal defect in patients with an intact atrial septum) to the intracardiac orifice of the SVC. Normal SVC-right atrial flow is reconstituted by atriocavoplasty to the cephalad portion of the transected SVC. A 31-year-old woman with severe pulmonary hypertension died early in the series; this was the only death. Surviving patients enjoy full activity. Except for one symptomatic SVC obstruction due to technical error (since relieved), this technique has achieved total correction of these congenital defects with marked reduction in the undesirable postoperative sequelae often associated with other methods of repair.
Amy and Emily Hasner were born in an Appleton hospital on June 12, 1984, by caesarean section. Their mother knew she was expecting twins but not that the girls were connected at the abdomen and shared a bowel.
The Madison General public relations magazine "In General" documented the operation that occurred 12 days later and the meticulous planning that went into it. Meanwhile, the babies needed particular care. "The girls were turned every hour by special care nurses," the magazine reported. Sometimes, the sisters hugged each other.
In addition to the statutory exemptions discussed above, the Title IX common rule contains a few other exceptions permitting single-sex programs under certain limited circumstances. For example, section ___.110(a)requires appropriate remedial action if a designated agency official finds that a recipient has discriminated against persons on the basis of sex. In the absence of a finding of discrimination, section ___.110(b) permits affirmative action consistent with law to overcome the effects of conditions that resulted in limited participation in a program by persons of a particular sex. Either of these provisions could permit single-sex programs under appropriate circumstances. In addition, several other regulatory provisions permit single-sex programs: section ___.415(b)(5) permits portions of education programs or activities that deal exclusively with human sexuality to be conducted in separate sessions for boys and girls; section ___.445(b) permits a program offered to pregnant students on a voluntary basis that is comparable to that offered to non-pregnant students; sections ___.414(b)(2) and (6) permit recipients to make requirements based on objective standards of physical ability or of vocal range or quality; and section __ .415(b)(3) permits separation by sex in physical education classes involving contact sports. In addition, section 420(b) permits exclusion, on the basis of sex, of any person from admission to a nonvocational school operated by a local education agency, so long as "...such recipient otherwise makes available to such person, pursuant to the same policies and criteria of admission, courses, services, and facilities comparable to each course, service, and facility offered in or through such schools." 4
As the womens civil rights movement gained momentum in the late 1960's and early 1970's, sex bias and discrimination in schools emerged as a major public policy concern. Women, who were entering the workforce in record numbers, faced a persistent earnings gap compared to their male counterparts. As a consequence of the equality in the workforce debate, Americans also began to focus attention generally on inequities that inhibited the progress of women and girls in education. Several advocacy groups filed class action lawsuits against colleges and universities and the federal government. These advocacy organizations complained of an industry-wide pattern of sex bias against women who worked in colleges and universities. As a consequence, Congress focused on the issue of sex bias in education during the summer of 1970 at a set of hearings on discrimination against women before a special House Subcommittee on Education chaired by Representative Edith Green (Oregon). Representative Green introduced a higher education bill with provisions regarding sex equity wherein she unsuccessfully attempted to add a prohibition on sex discrimination to the Education Amendments of 1971.
Recipients are sometimes subject to competing and/or contradictory requirements having the potential to interfere with their ability to fully discharge their Title IX obligations. These competing obligations might result from state or local laws or find their source in third party labor or service contracts. They could include, for example, limitations or restrictions on the number of hours worked or types of jobs filled by women. Given the Supremacy and Spending Clauses, however, a recipients federal obligation to comply with Title IX to eliminate unjustified sex-based discrimination in employment is superior to its obligation to comply with local law or third party contracts. In pertinent part, the Title IX common rule provides that:
Title IXs prohibition of discrimination on the basis of sex can include protections against same-sex harassment. The Supreme Court has ruled that same-sex sexual harassment can constitute discrimination on the basis of sex under Title VII. See Oncale v. Sundowner Offshore Servs., et al, 523 U.S. 75 (1998) (male employees sexual harassment claim against former employer and against male supervisors and co-workers may be actionable under Title VII). Similarly, lower courts have held that Title IX applies even if the participant and harasser are of the same sex. Kinman v. Omaha Pub. Sch. Dist., 94 F. 3d 463 (8th Cir. 1996)(female students allegation of sexual harassment by female teacher sufficient to raise claim under Title IX); Doe v. Petaluma County Sch. Dist., 949 F. Supp. 1415 (N.D. Cal. 1996)(female junior high school students allegation of sexual harassment by other students, including both boys and girls, sufficient to raise a claim under Title IX).
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