4 found
Sort by:
  1. David S. Cohen, Justice Kennedy's Gendered World.
    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 (...)
    Direct download  
     
    My bibliography  
     
    Export citation  
  2. David S. Cohen, Limiting Gebser: Institutional Liability for Non-Harassment Sex Discrimination Under Title IX.
    In Gebser v. Lago Vista Independent School District, the Supreme Court set an exacting standard for establishing institutional liability under Title IX for a teacher sexually harassing a student. That standard, rejecting the simple application of agency principles and instead requiring a student to notify the school of the harassment and then the school to be deliberately indifferent to the student's complaints, has been inconsistently applied by lower courts faced with other, non-harassment forms of sex discrimination under Title IX. In (...)
    No categories
    Direct download  
     
    My bibliography  
     
    Export citation  
  3. David S. Cohen, No Boy Left Behind? Single-Sex Education and the Essentialist Myth of Masculinity.
    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 (...)
    No categories
    Direct download  
     
    My bibliography  
     
    Export citation  
  4. David S. Cohen, Title IX: Beyond Equal Protection.
    The relationship between Title IX and the Equal Protection Clause is relevant to many areas of sex discrimination law. However, most courts that have addressed cases raising both provisions as well as scholars analyzing them have not developed or understood the relationship between the two. This Article does just that and develops the theory that Title IX has broader protections from sex discrimination than the Equal Protection Clause. To reach the conclusion that Title IX offers more protection, this Article proceeds (...)
    No categories
    Direct download  
     
    My bibliography  
     
    Export citation