Law and Gender Commons^™

Feminist Voices In The Debate Over Single-Sex Schooling: Finding Common Ground, Rosemary C. Salomone

Michigan Journal of Gender & Law

This article examines the deep divide within feminist ranks with an eye toward proposing a constructive and essential role for feminist understandings as single-sex schooling inches its way toward legal acceptability and into the mainstream of educational reform. In doing so, the forces that have shaped competing perspectives on women's equality are examined, especially disagreements over sameness and difference. In the end the article looks to the Court's decision in United States v. Virginia as a road map for feminists to follow in reaching common ground on the approach, despite seemingly profound ideological differences among them.

Toward Mythos And Mythology: Applying A Feminist Critique To Legal Education To Effectuate A Socialization Of Both Sexes In Law School Classrooms, Pollybeth Proctor

Cardozo Journal of Equal Rights & Social Justice

The article critiques the current state of legal education and the legal profession, arguing that they suffer from a decline in ethical standards, public service, and empathy. It proposes a feminist-inspired reform agenda to address these issues by incorporating values such as collaboration, context, emotions, ethics, and empathy into legal training. The analysis highlights the limitations of traditional teaching methods, particularly the Socratic method, which fosters an adversarial and narrow approach to legal reasoning. The article advocates for a balanced approach that integrates both rational and emotional intelligence to prepare holistic practitioners who prioritize justice and service.

The Secretary's Commission On Opportunity In Athletics Squandered Its Opportunity: Commercial College Sports And Why Title Ix Cannot Achieve Full Gender Equality Or Prevent The Elimination Of Minor Men's Teams, Suzanne Sangree

ExpressO

The Department of Education recently announced that it would not revise the regulations which apply Title IX to athletics, thus rejecting the recommendations of its Commission on Opportunity in Athletics. The Commission’s recommendations would have drastically undercut Title IX’s efficacy and established a Bush Administration model for turning civil rights protections on their heads. Fortunately, the Administration heeded the public critique of the Commission’s recommendations and retreated from its previously stated intention to implement them. Instead, it reiterated its support for the principles of gender equality embodied in Title IX. We thus narrowly averted a civil rights disaster. The great …

Righting The Canoe: Title Ix And The Decline Of Men's Intercollegiate Athletics, 37 J. Marshall L. Rev. 257 (2003), Andrew J. Boyd

UIC Law Review

No abstract provided.

To Do Feminist Legal Theory, Maria Grahn-Farley

Cardozo Journal of Equal Rights & Social Justice

The forword explores the meaning and practice of Feminist Legal Theory through a symposium that challenges traditional hierarchies in legal education. It emphasizes the importance of solidarity, activism, and centering marginalized voices, particularly those of women and students, to question and dismantle systemic oppression. The symposium serves as a space for students and scholars to collaborate, with students' work at the core, highlighting the need to integrate diverse perspectives and lived experiences into legal academia.

Does Nothing Ever Change; Is Everything New? Comments On The "To Do Feminist Legal Theory" Symposium, Keith Aoki

Cardozo Journal of Equal Rights & Social Justice

The article reflects on the "To Do Feminist Legal Theory" symposium, noting a sense of déjà vu due to the persistence of illegitimate hierarchies in the legal system. Despite this, the symposium offers fresh perspectives, emphasizing the need for multidimensional analyses of oppression and challenging single-axis frameworks. It highlights the importance of continuous critique and action within legal academia and practice to address intersecting forms of subordination.

Intercollegiate Athletics: The Program Expansion Standard Under Title Ix's Policy Interpretation, Julia C. Lamber

Articles by Maurer Faculty

No abstract provided.

Preventing Inequities In Divorce And Education: The Equitable Distribution Of A Career Absent An Advanced Degree Or License, Sebastian Weiss

Cardozo Journal of Equal Rights & Social Justice

The note advocates for the extension of New York's equitable distribution laws to include careers without advanced degrees or licenses as marital assets. It argues that courts should consider the enhanced earning capacity of a spouse, even when not tied to a degree or license, to prevent inequities in divorce, consistent with the principles established in cases like O'Brien v. O'Brien.

Not As Simple As Learning The Abc's: A Comment On Owasso Independent School District No. I-Ol1 V. Falvo And The State Of The Family Educational Rights And Privacy Act, Randi M. Rothberg

Cardozo Journal of Equal Rights & Social Justice

The article examines the Supreme Court's rulings in Falvo and Owasso, which determined that peer grading practices do not violate FERPA as the records involved are not classified as education records. This highlights significant implications for student privacy rights and underscores the need for clarifying FERPA's definitions to prevent future legal disputes.

Keeping Feminism In Its Place: Sex Segregation And The Domestication Of Female Academics, Nancy Levit

Faculty Works

The thesis of Keeping Feminism in Its Place is that women are being "domesticated" in the legal academy. This occurs in two ways, one theoretical and one very practical: denigration of feminism on the theoretical level and sex segregation of men and women on the experiential level intertwine to disadvantage women in academia in complex and subtle ways.

The article examines occupational sex segregation and role differentiation between male and female law professors, demonstrating statistically that in legal academia, women are congregated in lower-ranking, lower-paying, lower-prestige positions. It also traces how segregation by sex persists in substantive course teaching assignments. …

"There's No Crying In Baseball": Sports And The Legal And Social Construction Of Gender, Rhonda Reaves

Journal Publications

This Article analyzes the view that to be taken seriously as an athlete, women must replicate the behaviors prevalent in male-dominated sports. The Article focuses on sports in the educational context as an important opportunity for legal intervention. Because the law involves the allocation of resources and the policing of behavior by the government, this discussion prompts us to ask how resources should be allocated and what kinds of behavior should be encouraged and discouraged in promoting gender equity. In particular, the analysis of sports within educational programs offers an opportunity for a critical examination of current models of athletic …

Gender And Intercollegiate Athletics: Data And Myths, Julia C. Lamber

Articles by Maurer Faculty

This Article explores what nondiscrimination means in the context of intercollegiate athletics. After reviewing the Department of Education's controversial Title IX Policy Interpretation, it critically examines the analytical framework used in Title IX athletic cases and concludes that commonly made analogies to litigation under Title VII of the 1964 Civil Rights Act are inapt. A major part of the Article is an empirical study, looking first at gender equity plans written by institutions of higher education for the National Collegiate Athletic Association and then at data collected from more than 325 institutions pursuant to the Equity in Athletics Disclosure Act. …

If You Build It, They Will Come: Establishing Title Ix Compliance In Interscholastic Sports As A Foundation For Achieving Gender Equity, Amy Bauer

Publications

No abstract provided.

The Law Of White Spaces: Race, Culture, And Legal Education, Peter Goodrich, Linda G. Mills

Articles

The scene, drawn from memory, is a first-year law school classroom. It is the early 1980s and the class is on civil procedure. The teacher is a white woman. She is nervous, and the class is dominated by students who provide standard right answers to formulaic law school questions. Other points of view, particularly those of a critical or feminist nature, are either passed over quickly or ignored. Questions of color are never mentioned. More than that, the teacher never calls on any African-American students. Students of color are either ignored completely or told, when they have questions, “We are …

Rich Kids, Poor Kids, And The Single-Sex Education Debate, Rosemary C. Salomone

Faculty Publications

(Excerpt)

Over the past decade, the subject of publicly supported, single-sex education has generated considerable debate in legal and policy circles. Since 1996, much of that debate has centered around the Supreme Court's decision in the Virginia Military Institute case and how that case intersects with Title IX of the Education Amendments of 1972. In VMI, Justice Ginsburg, speaking for the Court, stated that gender classifications must have "an exceedingly persuasive justification" in order to pass muster under the Fourteenth Amendment equal protection clause. That decision has become a key factor in recent efforts by school districts to establish …

Promoting Family By Promoting Work: The Hole In Martha Fineman's Doughnut , Peter B. Edelman

American University Journal of Gender, Social Policy & the Law

No abstract provided.

Social Programs And Manageable Units , Saul Levmore

American University Journal of Gender, Social Policy & the Law

No abstract provided.

Promoting Family By Promoting Work: The Hole In Martha Fineman's Doughnut , Peter B. Edelman

American University Journal of Gender, Social Policy & the Law

No abstract provided.

Social Programs And Manageable Units , Saul Levmore

American University Journal of Gender, Social Policy & the Law

No abstract provided.

Playing At Even Strength: Reforming Title Ix Enforcement In Intercollegiate Athletics, Ross A. Jurewitz

American University Journal of Gender, Social Policy & the Law

No abstract provided.

Mabel Lee And Louise Pound: The University Of Nebraska's Battle Over Women's Intercollegiate Athletics, Kristi Lowenthal

Department of History: Dissertations, Theses, and Student Research

Mirroring a cultural shift that brought the American middle class from the Victorian era into the modern era, women's intercollegiate sports encountered stiff resistance from the two overlapping social groups. Mabel Lee, a woman physical educator, brought firmly held Victorian beliefs about feminine propriety and moderation to the University of Nebraska when she was hired as the head of the women's physical education department in 1924. Louise Pound, an English professor at the University, had for years excelled in highly competitive athletics as a member of the new modern middle class. Pound flouted Victorian restraints and refused to enter the …

Silence Broken: Gebser's New Standard Of School Liability For Title Ix Sexual Harassment, Callie R. Owen

Kentucky Law Journal

No abstract provided.

In The Title Ix Race Toward Gender Equity, The Black Female Athlete Is Left To Finish Last: The Lack Of Access For The “Invisible Woman", Tonya M. Evans

Law Faculty Scholarship

Although each of us is defined by race and gender, those of us who are neither white nor male often experience invisibility as a result of our dual subordinate status.... Black women have been disproportionately located at the lower end of the economic hierarchy and, therefore, have been unable to afford private golf, swimming, or tennis lessons. Overt racial discrimination prevented black women from gaining access to the sports participated in by white women. To the extent that the main thrust of solutions to gender inequity and a lack of adherence to Title IX mandates has been the addition of …

Title Ix's Collegiate Sports Application Raises Serious Questions Regarding The Role Of The Ncaa, 31 J. Marshall L. Rev. 1303 (1998), Darryl C. Wilson

UIC Law Review

No abstract provided.

Prosecuting Teenage Parents Under Fornication Statutes: A Constitutionally Suspect Legal Solution To The Social Problem Of Teenage Pregnancy, Juhi Mehta

Cardozo Journal of Equal Rights & Social Justice

The note argues that the constitutional right to privacy, as established by precedent, protects individuals' decisions regarding childbearing and sexual activity. It critiques the use of archaic fornication statutes to prosecute pregnant teenagers, asserting that such prosecutions impose an undue burden on constitutionally protected freedoms. The analysis emphasizes the need for policies addressing teen pregnancy that prioritize education, access to contraception, and legal reforms over punitive measures.

The Young Women's Leadership School: A Viable Alternative To Traditional Coeducational Public Schools, Erin A. Mcgrath

Cardozo Journal of Equal Rights & Social Justice

The note argues that single-sex education is a beneficial and constitutional alternative to traditional coeducational programs, using the Young Women's Leadership School as a prime example. It contends that such schools address past discrimination and provide tailored educational environments that enhance academic performance and self-esteem, particularly for underprivileged girls. The analysis emphasizes that single-sex education can meet legal standards under Title IX and Equal Protection scrutiny, as demonstrated by the Leadership School's compliance with regulatory requirements and its focus on remedying historical inequities.

The Founding Of The Washington College Of Law: The First Law School Established By Women For Women, Mary Clark

Scholarly Articles in Law Reviews & Journals

No abstract provided.

Subtracting Sexism From The Classroom: Law And Policy In The Debate Over All-Female Math And Science Classes In Public Schools, Carolyn B. Ramsey

Publications

No abstract provided.

Constitutional Law—Gender Equality And Single-Sex Education. United States V. Virginia, 116 S. Ct. 2264 (1996)., Heather Larkin Eason

University of Arkansas at Little Rock Law Review

No abstract provided.

Single-Sex Education After United States V. Virginia, Catherine O’Neill

Faculty Articles

In United States v. Virginia, the Supreme Court held that courts must invalidate sex-based classifications that "create or perpetuate the legal, social and economic inferiority of women." This contribution to equal protection jurisprudence, however, leaves unclear when single-sex higher education remains constitutional. This article argues that the Court has been preoccupied with legislative motive in this area. A capability approach, which assesses well-being and identifies individual advantage by reference to an account of what a person is able to do or be, might better help courts determine when there is an "exceedingly persuasive justification" for a sex-based classification.