Law Commons^™

The Precedent-Based Voting Paradox, David Cohen

David S Cohen

A voting paradox arises when the outcome of a case is the opposite of the resolution of the individual issues within the case. For instance, eight Justices believe a statute is constitutional under the Due Process Clause, and five Justices believe the same statute is constitutional under the Takings Clause. Yet, because one Justice believes the statute violates the Due Process Clause and four Justices believe the statute violates the Takings Clause, a majority of the Court finds the statute is unconstitutional. Scholars have looked at voting paradoxes in the Supreme Court and found roughly twenty over the Court’s history. …

Keeping Men Men And Women Down: Sex Segregation, Anti-Essentialism, And Masculinity, David S. Cohen

David S Cohen

Current-day sex segregation is one of the central ways that law and society define and construct who is a man and what it means to be a man. When law or society tells people that a place or activity is reserved for men alone, or in the converse, that men are excluded from a particular place or activity, two important messages are sent: one, that there are distinct categories of people based on reproductive anatomy and that these anatomical distinctions are a legitimate way of organizing and sorting people; and two, that people with the reproductive anatomy labeled “male” are …

The Stubborn Persistence Of Sex Segregation, David S. Cohen

David S Cohen

Almost fifty years ago, Congress began protecting against sex discrimination in federal statutory law. Almost forty years ago, the Supreme Court expanded constitutional law to include protection from discrimination based on sex. Since then, guarantees against sex discrimination have proliferated in federal and state law, and societal norms of sex equality have become entrenched. Yet, in 2010, we still live in a society that is highly segregated by sex.

This article is the first part of a multi-part project that will analyze sex segregation as a systemic issue by exploring the contours of modern American sex segregation and what this …

No Boy Left Behind? Single-Sex Education And The Essentialist Myth Of Masculinity, David S. Cohen

David S Cohen

In late 2006, the Department of Education changed the Title IX regulations to broaden the permissibility of single-sex education in primary and secondary schools. The changes took place in the context of a growing concern over the performance and well-being of boys in American schools. This article describes, dissects, and critically analyzes the narrative about boys, masculinity, and single-sex education that surrounded these changes.

The public narrative about the need for single-sex education focused, in substantial part, on what I call the essentialist myth of masculinity. This article catalogs the important components of this myth: heteronormativity, aggression, activity, sports-obsession, competitiveness, …

Justice Kennedy's Gendered World, David S. Cohen

David S Cohen

As part of the South Carolina Law Review's symposium on the Roberts Court and Equal Protection, this essay looks at Justice Kennedy's sex discrimination jurisprudence. With the new Court, it's natural to be concerned with how the two new Justices might vote in upcoming sex discrimination cases. However, in this essay, I assume what has been the case so far from Chief Justice Roberts and Justice Alito - that they are reliable votes joining Justices Scalia and Thomas on the Court's more conservative wing. The Justice most people should focus on now is Justice Kennedy, the new median Justice now …

Gender Equity In Intercollegiate Athletics: Where Does Pennsylvania Stand?, David Cohen

David S Cohen

No abstract provided.

Title Ix: Beyond Equal Protection, David S. Cohen

David S Cohen

The relationship between Title IX and the Equal Protection Clause is relevant to many areas of sex discrimination law. First and foremost, the issue has arisen when courts have attempted to determine the scope of Title IX's prohibition of sex discrimination. For instance, in Tara Brady's case, whether she could successfully bring a sex discrimination suit for monetary damages under Title IX, which says nothing on its face about pregnancy,(FN9) requires a determination of whether a plaintiff can bring a claim for monetary damages grounded in Title IX's regulation that prohibits pregnancy-based discrimination. After the Supreme Court's decision in Alexander …

Limiting Gebser: Institutional Liability For Non Harassment Sex Discrimination Under Title Ix, David S. Cohen

David S Cohen

No abstract provided.

Year 2000 Overview: Governmental Responses To Pregnant Women Who Use Alcohol Or Other Drugs, Lynn M. Paltrow, David S. Cohen, Corinne A. Carey

David S Cohen

No abstract provided.

Brief Amici Curiae Of Seventy-Five Organizations Committed To Women’S Equality In Support Of Respondent, Ucla Women's Law Journal, Susan Frietsche, Carol E. Tracy, Terry L. Fromson, David S. Cohen

David S Cohen

No abstract provided.

Democracy And The Intersection Of Prisons, Racism, And Capital, David S. Cohen

David S Cohen

No abstract provided.

Official Oppression: A Historical Analysis Of Low-Level Police Abuse And A Modern Attempt At Reform, David Cohen

David S Cohen

No abstract provided.