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Full-Text Articles in Law
Still Unconstitutional: Our Nation's Experiment With State-Sponsored Sex Segregation In Education, David S. Cohen, Nancy Levit
Still Unconstitutional: Our Nation's Experiment With State-Sponsored Sex Segregation In Education, David S. Cohen, Nancy Levit
Faculty Works
Since federal regulations authorized single-sex education in 2006, there has been an explosion of single-sex schools and classes. Although the Supreme Court has not ruled, three federal court decisions have addressed the constitutionality of single-sex classes, and the issue will percolate toward Supreme Court review soon. The arguments are that parents should have choices and “diversity” of educational options, that “brain research” shows that boys and girls are so biologically different to need sex-specific educational environments, that educational outcomes are better, and single-sex learning environments allows boys and girls to break through gender stereotypes. This article dissects these arguments within …
Affirmative Action, Justice Kennedy, And The Virtues Of The Middle Ground, Allen K. Rostron
Affirmative Action, Justice Kennedy, And The Virtues Of The Middle Ground, Allen K. Rostron
Faculty Works
When the Supreme Court hears arguments this fall about the constitutionality of affirmative action policies at the University of Texas, attention will be focused once again on Justice Anthony Kennedy. With the rest of the Court split between a bloc of four reliably liberal jurists and an equally solid cadre of four conservatives, the spotlight regularly falls on Kennedy, the swing voter that each side in every closely divided and ideologically charged case desperately hopes to attract. Critics condemn Kennedy for having an unprincipled, capricious, and self-aggrandizing style of decision-making. Though he is often decisive in the sense of casting …