Wednesday, June 28, 2023

SCOTUS Won't Hear Case of Charter School Requiring Girls to Wear Skirts

Wash Post, Supreme Court Won't Hear Charter School's Bid to Force Girls to Wear Skirts

The Supreme Court on Monday declined to review the case of a North Carolina charter school that wanted to force female students to wear skirts in the name of “chivalry,” letting stand a lower-court ruling that deemed the policy unconstitutional.

The move is a victory for civil liberties advocates and a blow to social conservatives who hoped that — after allowing public vouchers to be used at religious schools last year — the top U.S. court would exempt charter schools from constitutional protections. The case could have had far-reaching implications for charter schools, which operate in a gray area, functioning as public schools that are run by private organizations.***

Only public institutions can be sued for violating constitutional rights — which protect students from discrimination, censorship and being thrown out of school without a hearing. The high court has ruled that students cannot be forced to recite the Pledge of Allegiance, that undocumented students have the right to attend school, and that all students, regardless of race, have the right to an equal education.

The appellate court looked at the particulars of North Carolina’s charter school system, noting that state law explicitly describes charters as public schools open to all students, holds them to state board of education standards and gives charter school employees government benefits. Ninety-five percent of Charter Day’s funding comes from public sources, the court noted.

June 28, 2023 in Education, Gender, SCOTUS | Permalink | Comments (0)

Tuesday, June 6, 2023

University Fired Two Employees for Using Gender Pronouns in Emails

NYT, A University Fired Two Employees for Including Pronouns in Their Emails

When Raegan Zelaya and Shua Wilmot decided to include their pronouns at the end of their work emails, they thought they were doing a good thing: following what they viewed as an emerging professional standard, and also sending a message of inclusivity at the Christian university where they worked.

But their bosses at Houghton University, in upstate New York, saw the matter very differently.

Administrators at Houghton, which was founded and is now owned by a conservative denomination that branched off from the Methodist Church, asked Ms. Zelaya and Mr. Wilmot, two residence hall directors, to remove the words “she/her” and “he/him” from their email signatures, saying they violated a new policy. When they refused to do so, both employees were fired, just weeks before the end of the semester.

Houghton’s firing of the two staff members has dismayed some of its alumni, nearly 600 of whom signed a petition in protest. And it comes as gender and sexuality have become major fault lines in an increasingly divided nation, and after other faith-based organizations, including Yeshiva University in Manhattan, have argued that First Amendment protections of religious freedom allow them to treat gay and transgender people differently than others.

June 6, 2023 in Education, Gender | Permalink | Comments (0)

Thursday, May 25, 2023

School Book Removals May Create Hostile Environment Violating Student Civil Rights

Wash Post, Book Removals May Have Violated Student Civil Rights, Education Dept. Says

In a move that could affect how schools handle book challenges, the federal government has concluded that a Georgia school district’s removal of titles with Black and LGBTQ characters may have created a “hostile environment” for students, potentially violating their civil rights.

The Education Department’s Office for Civil Rights released its findings in a letter Friday wrapping up its investigation into Forsyth County Schools’ 2022 decision to pull nearly a dozen books from shelves after parents complained of titles’ sexual and LGBTQ content. To resolve the investigation, the district north of Atlanta agreed to offer “supportive measures” to students affected by the book removals and to administer a school climate survey, per the letter. ***

The Education Department’s investigation into the Forsyth district — which involved the examination of school documents, interviews with top school personnel and a review of public board meeting records — was based on a complaint alleging that the January 2022 removal of books created a “racially and sexually hostile environment for students,” according to the department.

The district ultimately removed eight books indefinitely and two temporarily, according to the letter, and it limited four titles to high schools. Superintendent Jeff Bearden told the school board that the books being yanked “were obviously sexually explicit or pornographic,” according to the letter.

Of the books listed for removal, three center on characters of color and one on an LGBTQ protagonist, according to a Washington Post analysis. The nixed titles include “The Bluest Eye” by Nobel Prize-winning author Toni Morrison, the Forsyth County News reported and Caracciolo confirmed.

A study by the Washington Post found that the majority of all school book bans are being filed by a small number of people. See Objection to sexual, LGBTQ content propels spike in book challenges

A small number of people were responsible for most of the book challenges, The Post found. Individuals who filed 10 or more complaints were responsible for two-thirds of all challenges. In some cases, these serial filers relied on a network of volunteers gathered together under the aegis of conservative parents’ groups such as Moms for Liberty.

And the types of claims:

The Post analyzed the complaints to determine who was challenging the books, what kinds of books drew objections and why. Nearly half of filings — 43 percent — targeted titles with LGBTQ characters or themes, while 36 percent targeted titles featuring characters of color or dealing with issues of race and racism. The top reason people challenged books was “sexual” content; 61 percent of challenges referenced this concern.

In nearly 20 percent of the challenges, petitioners wrote that they wanted texts pulled from shelves because the titles depict lesbian, gay, queer, bisexual, homosexual, transgender or nonbinary lives. Many challengers wrote that reading books about LGBTQ people could cause children to alter their sexuality or gender.

 

May 25, 2023 in Books, Education, Gender, LGBT, Race | Permalink | Comments (0)

Wednesday, April 26, 2023

Reflections on Progress Without Equity, Title IX at Fifty in K-12 Athletics

Elizabeth Kristen, Reflections on Progress Without Equity: Title IX K-12 Athletics at Fifty, 30 American J. Law & Gender 227 (2022)

Title IX of the Education Amendments of 1972 (“Title IX”) turned fifty this year. Despite tremendous progress for women and girls over the last five decades, the promise of gender equity in athletics remains elusive, especially at the K-12 level. Unlike so many other civil rights laws passed in the 1960s and 1970s, Title IX remains a highly under-litigated and underenforced statute. A basic Westlaw search for “Title VII of the Civil Rights Act of 1964” yields more than 10,000 federal cases. But the same search for “Title IX of the Education Amendments of 1972” yields about 2500 cases. Only a small fraction of those cases (about 300) include the word “athletics,” and fewer still address gender inequity at the K-12 level. This Article provides a brief overview of the “state of play” concerning gender inequity in athletics and the basic structure of Title IX athletics equity law. It then considers the Ollier v. Sweetwater1 high school Title IX athletics case and lessons learned from that hard-fought litigation on behalf of a class of high school girls that sought to level the playing field at their school. It then makes nine recommendations for what changes should be made to our approach to Title IX athletics at the K-12 level to ensure more effective enforcement to achieve gender equity. Inequalities in athletics at the K-12 level require litigation and policy changes that will have substantial and positive impacts on the lives of girls and young women.

April 26, 2023 in Education, Sports | Permalink | Comments (0)

Tuesday, April 25, 2023

For the First Time, Court Holds That Female Student Athletes Can Sue Universities for Damages

Andy Zimbalist & Carrie Baker, Student-Athletes Can Now Sue Discriminatory Universities for Damages, a Victory for Title IX, Ms.

A first-in-the-nation court ruling says female student-athletes deprived of equal athletic financial aid can sue their schools for damages.

U.S. District Court Judge Todd W. Robinson ruled on April 13 that the female student-athletes suing San Diego State University (SDSU) for violating Title IX can pursue claims for equal athletic financial aid, equal treatment and retaliation. The decision is the first in the nation to hold that female student-athletes deprived of equal athletic financial aid can sue their schools for damages.

“This is a major step forward for women and against sex discrimination at SDSU and nationwide,” said lead counsel Arthur H. Bryant of Bailey & Glasser in Oakland. “SDSU has been cheating its female student-athletes out of hundreds of thousands of dollars in equal athletic financial aid each year. It is giving its male student-athletes far better treatment than its female student-athletes. And it blatantly retaliated against its female student-athletes for standing up for their rights. Now, it can be held accountable.”

The class-action lawsuit alleges female student-athletes were given less scholarship support than the male athletes, received inferior treatment and benefits and were retaliated against when they protested against discrimination. Judge Robinson agreed their suit could go forward and went a step further—awarding the students the right to seek monetary damages.***

The other avenue for redress of grievances is litigation. Here too, courts usually require non-compliant schools to enter into a program to improve the treatment of female athletes. Until the SDSU case, however, female athletes experiencing sex discrimination in athletics did not sue for damages but instead sued for injunctive relief—a court order directing a school to stop or reduce discriminatory practices. Now, we know they can sue for monetary damages

April 25, 2023 in Courts, Education, Sports | Permalink | Comments (0)

Friday, April 14, 2023

The Case For and Against Abolishing Title IX

Alexandra Brodsky, The Case Against and for "Abolishing Title IX," 103 Boston University Law Review Online 19 (2023).

I recently visited a college to give a talk about sexual harassment. Afterward, students told me that the campus had, recently, been the site of protests to “abolish Title IX.” One might have imagined 19-year-old men’s rights activists demanding that Congress repeal Title IX of the Education Amendments of 1972.1 But the protesters were advocates for survivors. I wondered: did they really want to legalize sex discrimination in education? The students reassured me that no, they did not. To campus protesters, the students told me, the call to “abolish Title IX” was a criticism of their campus “Title IX office,” tasked with receiving and investigating sexual harassment grievances. Survivors felt unsupported by that office, frustrated that the school could not provide them support and safety without forcing them through a retraumatizing fact-finding gauntlet. ***

To avoid any ambiguity, I should make explicit that, despite all this, I very much do not think we should abolish Title IX. By creating a floor for how schools must address sexual harassment, the law does more good than harm, even if it also creates a ceiling, and I am unwilling to abandon Title IX’s protections against other forms of discrimination. But it is entirely understandable why some students see Title IX as the problem, rather than the solution. That is a real shame because Title IX still can be a useful tool for students, and because Title IX’s ability to withstand waves of backlash depends on student organizing.15 If students do not see Title IX as something worth fighting for, its power will only continue to diminish.

So, what do we do? I have a very ambitious proposal, a moderately ambitious proposal, and a very modest one. The very ambitious proposal is that we need to make Title IX worthy of students’ trust. 

 

April 14, 2023 in Education, Violence Against Women | Permalink | Comments (0)

Thursday, April 13, 2023

Deploying the Rhetoric of Parental Rights to Override Minors' Access to Abortion, Gender-Affirming Care and Education

Naomi Cahn, The Political Language of Parental Rights: Abortion, Gender-Affirming Care, and Critical Race Theory, Seton Hall L. Rev. (forthcoming)  

This Article explores how the rhetoric of parental rights has been deployed to override minors’ access to abortion, gender-affirming care, and education about critical race theory and gender identity.

The overruling of Roe v. Wade and controversies over gender-affirming care and “appropriate” material to be taught in schools have highlighted parent/child/state tensions. Long before Dobbs, states imposed restrictions on the abortion rights of minors, even when minors and their parents agreed.

The rhetoric of parental rights, however, has been weaponized to serve particular substantive ends, even though parents have differing rights and interests. Some parents, for example, support their children’s access to gender-affirming care, but rather than provide those services for their children, instead fear that they will be investigated for child abuse. Indeed, this paper suggests that the parent-child-state triad has another participant: political partisanship. The triad thus becomes a triangular pyramid, with partisanship at the top. The rhetoric of parental rights is used as a screen for restricting abortion rights, bans on gender affirming care, prevention of the teaching of critical race theory and even limitations on drag queen shows, so it’s not really about parental rights at all.

The first part of this Article reviews the research on the impact of access to contraception and abortion for teens. The second turns to the existing legal framework for such access, while the third surveys pre- and post-Dobbs conflicts that center on protecting parental rights over their children’s rights to reproductive care. The next section explores the reasons for increasing political partisanship in the country as a whole, framing the broader culture wars, and brings in related issues that allegedly implicate parental rights, such as gender-affirming care and school curricula that include critical race theory and gender identity. The final section concludes.

April 13, 2023 in Abortion, Constitutional, Education, Family, Reproductive Rights | Permalink | Comments (0)

Thursday, April 6, 2023

The Trans Threat Narrative in Title IX

Deborah L. Brake, Title IX's Trans Panic, 29 William & Mary Journal of Race, Gender, and Social Justice 41 (2023)

Sport is an agent of social change, but that change does not always track in a progressive direction. Sport can be a site for contesting and reversing the gains of progressive social movements as much as furthering the values of equality and justice for historically marginalized groups. This dynamic of contestation and reversal is now playing out in a new wave of anti-transgender backlash that has gained adherents among some proponents of equal athletic opportunities for girls and women. In this latest twist in the debate over who deserves the opportunity to compete, the sex-separate athletic programming permitted by Title IX has been the vehicle for depicting trans athletes – and especially trans girls – as unwelcome intruders poised to take away Title IX’s gains for female athletes. The trans threat narrative relies on and reinforces a dichotomy between trans girls and cisgender girls, with the latter positioned in this narrative as the “real” girls, and the former depicted as suspect subjects – and even, absurdly, as boys posing as girls for opportunistic reasons. Despite the lack of empirical evidence that trans athletes pose any threat to girls in sports, the threat narrative has been an effective strategy for reinscribing traditional understandings of sex and gender roles precisely because it trades on the popularity of Title IX across the political spectrum. The trans threat narrative has even gained adherents among some advocates for girls in sports who otherwise align with liberal supporters of transgender rights. The threat narrative has also succeeded in gaining support among state legislators, school boards, and parents, under the banner of protecting sports opportunities for “girls.” The issue has divided the women’s sports community, which has historically functioned as a unified front for advancing gender equality in athletics. This article examines the threat narrative in relation to the theories and justifications for Title IX’s baseline of sex-separation in school sports programs. It contends that the narrative embraces the most problematic of the justifications for sex-separation of sports, thereby reinforcing stereotypes of gender difference that have long thwarted girls’ and women’s efforts to achieve equal athletic opportunity. Equality for girls and women in sport is best achieved by embracing trans inclusion and rejecting efforts to exclude trans athletes from competition.

April 6, 2023 in Education, LGBT, Sports | Permalink | Comments (0)

Tuesday, April 4, 2023

The Evolving Right of Public School Teachers to Refuse to Use a Student's Preferred Name or Pronoun

Suzanne Eckes, Public School Teachers Who Refuse to Use Preferred Names and Pronouns: A Brief Exploration of the First Amendment Limitations in K-12 Classrooms,  14 ConLawNOW 159 (2023)

This article focuses on whether a teacher has a First Amendment right under both the free speech and free exercise clauses of the U.S. Constitution when refusing to use a student’s preferred name or pronoun in a public school classroom. The article begins by briefly summarizing a recent case from Kansas and then examines prior precedent involving teachers’ classroom speech and teachers’ rights to freely exercise their religious rights in public schools. It then briefly highlights how these issues have been addressed in previous pronoun cases and concludes with a discussion of related constitutional issues.

April 4, 2023 in Constitutional, Courts, Education, Gender, LGBT | Permalink | Comments (0)

Wednesday, March 15, 2023

Transgender Students and the First Amendment

Dara Purvis, Transgender Students and the First Amendment, Boston U. Law Review (forthcoming)

Suppose that a transgender child experiences teasing and harassment from their classmates, whose hostile reactions interrupt the school day. School administrators tell the transgender child that in order to allow educational activities to continue, they must dress in more gender-neutral clothing, ideally consistent with the sex they were assigned at birth. The student’s parents protest, arguing that their child’s clothing is speech that expresses their gender identity. The school points to Tinker v. Des Moines, allowing suppression of student speech where it creates a material disruption, as well as recent legislation characterizing discussion of gender identity as lewd and obscene.

This Article is the first analysis to map out and counter both obscenity and material disruption as justifications to limit gender identity speech. Although not all clothing choices by students are symbolic speech, gender presentation is the type of intentional and cognizable message that is protected under the First Amendment. Comprehensive examination of student speech cases demonstrates that current attempts to define gender identity as an inappropriately sexualized topic for children are inconsistent with existing law. Finally, the Article illustrates for the first time how schools can create a heckler’s veto by teaching students that the speech of transgender students is abnormal. The Article proposes an analytical revision that takes the schools’ role into account, reconciles the conflict between the heckler’s veto doctrine and Tinker’s material disruption test, and strengthens protection of all controversial student speech.

March 15, 2023 in Constitutional, Education, LGBT | Permalink | Comments (0)

Monday, March 13, 2023

Etienne C. Toussaint on "The Purpose of Legal Education"

Etienne C. Toussaint has posted forthcoming work on SSRN titled The Purpose of Legal Education. This article is to be published in Volume 111 of the California Law Review (2023). The abstract previews:  

 

When President Donald Trump launched an assault on diversity training, critical race theory, and The 1619 Project in September 2020 as “divisive, un-American propaganda,” many law students were presumably confused. After all, law school has historically been doctrinally neutral, racially homogenous, and socially hierarchical. In most core law school courses, colorblindness and objectivity trump critical legal discourse on issues of race, gender, or sexuality. Yet, such disorientation reflects a longstanding debate over the fundamental purpose of law school. As U.S. law schools develop antiracist curricula and expand their experiential learning programs to produce so-called practice-ready lawyers for the crises exposed by the COVID-19 pandemic, scholars continue to question whether and how, if at all, the purpose of law school converges with so

 

This Article argues that the anti-racist, democratic, and movement lawyering principles advocated by progressive legal scholars should not be viewed merely as aspirational ideals for social justice law courses. Rather, querying whether legal systems and political institutions further racism, economic oppression, or social injustice must be viewed as endemic to the fundamental purpose of legal education. In so doing, this Article makes three important contributions to the literature on legal education and philosophical legal ethics. First, it clarifies how two ideologies—functionalism and neoliberalism—have threatened to drift law school’s historic public purpose away from the democratic norms of public citizenship, inflicting law students, law faculty, and the legal academy with an existential identity crisis. Second, it explores historical mechanisms of institutional change within law schools that reveal diverse notions of law school’s purpose as historically contingent. Such perspectives are shaped by the behaviors, cultural attitudes, and ideological beliefs of law faculty operating within particular social, political, and economic contexts. Third, and finally, it demonstrates the urgency of moving beyond liberal legalism in legal education by integrating critical legal theories and movement law principles throughout the entire law school curriculum.

 

 

March 13, 2023 in Education, Law schools, Legal History, Race, Theory | Permalink | Comments (0)

Tuesday, March 7, 2023

UN Chief Warns Gender Equality is 300 Years Away

Wash Post, "Gender Equality is 300 Years Away", UN Chief Warns

Decades of advances on women’s rights are being wound back and the world is now hundreds of years away from achieving gender equality, according to the United Nations.

Speaking to the U.N. Commission on the Status of Women on Monday, ahead of International Women’s Day on Wednesday, Secretary General António Guterres said gender equality is “vanishing before our eyes.”

He drew special attention to Afghanistan, where Guterres said women and girls “have been erased from public life” following the return to Taliban rule. The regime has barred women and girls from universities and some schools. The Taliban has also blocked many female aid workers, imperiling key aid programs, including those overseen by the U.N.

In many places, women’s sexual and reproductive rights “are being rolled back,” he said. *** Maternal mortality is on the rise, he said, and the coronavirus pandemic has forced millions of girls out of school, and mothers and caregivers out of the global workforce.***
 
The U.N. chief also said gender equality is at risk from a technology industry heavily skewed toward a male workforce. Men outnumber women by 2 to 1 in the tech industry, and in the growing field of artificial intelligence, that gender gap rises to 5 to 1, according to Guterres, putting the world-changing industry at risk of “shaping our future” in a gender-biased way.

Guterres also trained a spotlight on the “misogynistic disinformation and misinformation” he said was flourishing on social media, and what is known as gender trolling aimed at “silencing women and forcing them out of public life.”

March 7, 2023 in Education, Equal Employment, International, Reproductive Rights, Science | Permalink | Comments (0)

Monday, February 13, 2023

Thalia González and Rebecca Epstein on "Critical Race Feminism, Health, and Restorative Practice in Schools: Centering the Experiences of Black and Latina Girls"

Thalia González and Rebecca Epstein have posted their article on SSRN: Critical Race Feminism, Health, and Restorative Practice in Schools: Centering the Experiences of Black and Latina Girls, 29 Michigan J. of Gender & Law (2022). The abstract provides: 

 

Restorative practices (RP) in K-12 schools in the United States have grown exponentially since the early 1990s. Developing against a backdrop of systemic racism, RP has become embedded in education practice and policy to counteract the harmful and persistent patterns of disparities in school discipline experienced by students of color. Within this legal, social, and political context, the empirical evidence that has been gathered on school-based restorative justice has framed and named RP as a behavioral intervention aimed at reducing discipline incidents—that is, an “alternative” to punitive and exclusionary practices. While this view of RP is central to dismantling discriminatory systems, we argue it reflects an unnecessarily limited understanding of its potential and has generated unintended consequences in the field of RP research. First, the reactive RP model of analysis focuses more exclusively on behavioral change, rather than systemic improvement, to address discipline disparities. Second, RP research has insufficiently examined the potential role of RP in achieving health justice. Third, RP research too rarely engages in intersectional analyses that critically examine gendered racism. This study is intended as a course correction. Building on the work of legal scholars, public health researchers, sociologists, restorative justice practitioners, and our own prior work, this original study is the first to examine non-disciplinary RP through a critical race feminist lens, and—just as importantly—a public health praxis. Our findings reveal that the interplay between RP and adolescent health, race, and gender can no longer be overlooked. Proactive non-disciplinary RP was found to promote supportive school environments that enhance five key protective health factors for Black and Latina girls. Additionally, results indicate that RP improved the mental health and wellbeing of Black and Latina girls, building fundamental resilience skills that can help overcome the complex array of social structures that serve to disempower and disenfranchise girls and harm their educational and health outcomes.

February 13, 2023 in Education, Race | Permalink | Comments (0)

Tuesday, February 7, 2023

Misunderstanding the Meriwether Case Seeming to Uphold a Professor's Right to Misgender Students

Brian Soucek & Ryan Chen, Misunderstanding Meriwether

Meriwether v. Hartop is widely seen as one of the most important academic freedom and transgender rights cases of recent years. Whether praising it as a victory for free speech, or condemning it as a threat to educational equality, commentators across the political spectrum have agreed on one thing: the Sixth Circuit did something big when it held that professors at public universities have a First Amendment right to misgender their students in class. But contrary to popular belief, Meriwether held no such thing. In fact, the Sixth Circuit could not have held what nearly everyone believes, given the case’s procedural posture. Meriwether has been misunderstood, and this Article aims to put a halt to the false narrative that has emerged around Meriwether before its consequences continue to spread.

Where previous work has explained why Meriwether’s holding is wrong, this Article delves into the complicated intersection of civil procedure and government employee speech claims to show why Meriwether’s holding is different, and far less important, than its foes and friends alike seem to think. In doing so, the Article also shows how a false legal narrative can develop, spreading from an opinion that encourages the mistake, to advocates and press who eagerly report it, to commentators, legislators, and courts each with reasons of their own for inflating the opinion’s importance, eroding gender identity protections along the way. This Article, finally, situates the widespread misunderstanding of Meriwether alongside other precedential mistakes and offers insight into how they might be counteracted before further distorting the law and threatening important equality rights.

February 7, 2023 in Constitutional, Education, LGBT | Permalink | Comments (0)

Wednesday, January 11, 2023

SCOTUS Asks SG to Weigh in on Granting Cert for NC Charter School Case Mandating Girls Wear Skirts

Supreme Court Could Consider Charter School Dress Code

The Supreme Court is asking the Biden administration to weigh in on whether it should take up a case over a North Carolina charter school’s dress code requiring its girl students to wear skirts or dresses.

In a brief order Monday, the justices invited U.S. Solicitor General Elizabeth Prelogar to weigh in on whether the court should take up that case, Charter Day School v. Peltier, one of several major court cases in recent years that challenge school dress code policies as sexist and discriminatory.

Charter Day School, a K-8 public charter school operated by a private contractor in Leland, North Carolina, says it seeks to provide a “classical, traditional-values-based education,” enforced in part with a dress code designed to promote “mutual respect between boys and girls.” The case centers around the school’s policy, blocked by a federal court, requiring girls to wear a skirt, skort or jumper to school. ***

In 2019, District Judge Malcolm Howard ruled in favor of the plaintiffs, represented by the American Civil Liberties Union, and prohibited the school from enforcing the skirt requirement. Both parties appealed the case to a panel of the U.S. Court of Appeals for the 4th Circuit, which ruled that dress codes treating boys and girls differently violated Title IX, but that the school was not an actor of the state and thus couldn’t be sued on constitutional grounds for its dress code policies. 

The full 4th Circuit reheard the case and largely ruled against the school in a 10-6 ruling in June 2022, finding that the school is a state actor and thus violated the Equal Protection Clause with its skirt requirement. The ruling remanded whether the policy violated Title IX back to the district court. 

Judge Barbara Milano Keenan wrote the court’s opinion and noted that “nothing in the Equal Protection Clause prevents public schools from teaching universal values of respect and kindness.”

“But,” she continued, “those values are never advanced by the discriminatory treatment of girls in a public school. Here, the skirts requirement blatantly perpetuates harmful gender stereotypes as part of the public education provided to North Carolina’s young residents.”  

In September 2022, Charter Day School asked the U.S. Supreme Court to take up the case. 

January 11, 2023 in Constitutional, Education, Gender, SCOTUS | Permalink | Comments (0)

Wednesday, December 14, 2022

The Black-White Paradigm and the Continuing Erasure of Latinas as Law Deans

Laura Padilla, The Black-White Paradigm's Continuing Erasure of Latinas: See Women Law Deans of Color, 99 Denver L. Rev. 683 (2022)

The Black-white paradigm persists with unintended consequences. For example, there have been only six Latina law deans to date with only four presently serving. This Article provides data about women law deans of color, the dearth of Latina law deans, and explanations for the data. It focuses on the enduring Black-white paradigm, as well as other external and internal forces. This Article suggests how to increase the number of Latina law deans and emphasizes why it matters.

December 14, 2022 in Education, Law schools, Race | Permalink | Comments (0)

Friday, December 9, 2022

Title IX Concerns from the Lack of Transparency in Reporting Intercollegiate Names, Images and Likeness Earnings

Tanyon Boston, NIL Data Transparency, 83 Louisiana L. Rev. (forthcoming 2023)

 Since July 2021, intercollegiate athletes have earned nearly $1 billion from monetizing their names, images, and likenesses (NIL), with some earning more than professionals. Such earnings were made possible by state NIL laws and by the NCAA’s simultaneous retreat from enforcing restrictions on athletes’ ability to earn compensation for the use of their NILs. Commentators argue that the unforeseeably impressive NIL figures are driven by disproportionate institutional support for athletes in certain high-profile sports. If true, this may raise Title IX concerns, as NIL earnings for female athletes lag considerably behind that of their male counterparts. Although most state NIL laws require athletes to report NIL data to their schools, schools are not required to make the information publicly available—not even in redacted form. The current lack of NIL transparency by schools makes it virtually impossible to accurately identify potential gender disparities.

This Essay explores the relationship between the lack of NIL transparency and incentives for colleges and universities to meet Title IX’s requirements for NIL. It argues that shielding NIL data from public scrutiny is inappropriate given Title IX’s culture of disclosure. This Essay further argues that stakeholders will be unlikely to implement a NIL framework that aligns with Title IX’s purpose, without a universal disclosure mandate. After exploring how a lack of NIL transparency frustrates Title IX’s purpose, this Essay concludes with a workable proposal for collecting and disclosing NIL data.

December 9, 2022 in Education, Sports | Permalink | Comments (0)

Thursday, December 1, 2022

Gender Gaps in Legal Education and the Impact of Class Participation Assessments

Kenneth Khoo & Jaclyn Neo, Gender Gaps in Legal Education: The Impact of Class Participation Assessments 

The gender gap is a well-studied phenomenon in education policy. While prior research has illustrated the presence of this gap in U.S. Law Schools, questions remain as to whether these findings are generalizable to other jurisdictions where national, cultural, historical, institutional and societal norms are substantially different. In this article, we investigate the presence and nature of a gender gap in one of Asia’s leading law schools, the National University of Singapore (“NUS Law”). Employing a novel dataset with granular data on student, instructor, course, and component characteristics, we provide evidence that the gender gap persists over numerous cohorts of students. Even after controlling for a wide range of covariates such as standardized entry scores, high school rankings, income proxies, and a large array of fixed effects, female students systemically underperform their male counterparts across numerous metrics of law school performance. To examine the plausibility of possible causal mechanisms behind the gender gap, we exploit a natural experiment in which NUS Law randomly assigned first and second-year students to a range of mandatory courses with different class participation assessment weights. We provide evidence that female students who were assigned to courses with larger class participation weights had relatively lower class participation scores when compared to male students. Remarkably, however, policies that permitted female students to choose their courses in their third and fourth years eliminated this negative relationship – even after accounting for heterogeneity across class sizes and course choices. Our work suggests that pedagogical policy should consider the relationship between assessment modes and female student autonomy in narrowing the gender gap in legal education.

December 1, 2022 in Education, Gender, International, Law schools | Permalink | Comments (0)

Thursday, November 10, 2022

CFP Pandemonium -- Reflections on the Status, Health, Precarity and Promise of the Discipline of Feminist Studies

WSQ WOMEN'S STUDIES QUARTERLY SPECIAL ISSUE SPRING 2024

CALL FOR PAPERS: PANDEMONIUM

PRIORITY SUBMISSION DEADLINE: MARCH 1, 2023

Scholarly articles should be submitted to WSQ.submittable.com.

GUEST EDITORS:

TRACEY JEAN BOISSEAU, Purdue University

ADRIANNA L. ERNSTBERGER, Marian University

This special issue of Women’s Studies Quarterly invites reflection on the status, health, precarity, and promise of the discipline of women’s, gender, sexuality, and feminist studies in light of our current state of pandemonium. By “pandemonium,” we point not only to those tragedies, inequalities, and disruptions to the university and higher education stemming directly from the Covid-19 pandemic but also to the crisis-roiled political context fomenting a barrage of assaults on feminist studies as a discipline in the United States and elsewhere that have been accelerating for several years prior to the pandemic and have only intensified since its outbreak.

Submissions should address ways our discipline--its individual practitioners and organizational institutions—have been affected by, or have encountered adversity and experienced struggle in the face of:

  • The Global Pandemic and a panoply of consequences flowing from it
  • Right-wing (white supremacist, anti-immigrant, anti- queer/trans, misogynist, etc.) movements
  • Right-wing corporate media and social media
  • Authoritarianism, illiberalism, and threats democratic institutions
  • War, invasion, civil strife, and refugeeism
  • Neoliberalism, corporatism, and commercialization
  • Climate-change disasters, environmental degradation, and climate-change denial
  • Impoverishment and the “austerity” measures and policies arising from the above

We are keenly interested in contributions that document and evaluate the ways that our discipline and its practitioners exercise and exhibit resistance, revolutionary praxis, and refusal to the above in the form of:

  • Scholarly, pedagogical, and administrative strategizing
  • Organizational-, institutional- and alliance-building (both inter- as well as intra-disciplinary)
  • Public engagement, political activism, and direct action (both on- and off-campus)
  • Escape hatches, off-ramps, and alternative social- cultural protest forms and modalities

We welcome contributions that recognize and share artistic and creative endeavors, performances, and cultural interventions offering insight and inspiration regarding the core themes of this issue.

Especially encouraged to submit are women; people of color; Black; Indigenous; gender-variant, LGBTQIA+; disabled people; and those whose work is located outside the United States or who collaborate cross-nationally.

PRIORITY SUBMISSION DEADLINE: MARCH 1, 2023

  • Scholarly articles should be submitted to WSQ.submittable.com. Send complete articles, not abstracts. Remove all identifying authorial information from the file uploaded to Submittable. We will give priority consideration to submissions received by March 1, 2023. Scholarly submissions must not exceed 6,000 words (including un-embedded notes and works cited) and must comply with formatting guidelines at https://www.feministpress. org/submission-guidelines. For questions, email the guest issue editors at [email protected].
  • Artistic works (whose content relates clearly to the issue theme) such as creative prose (fiction, essay, memoir, and translation submissions between 2,000 and 2,500 words), poetry, and other forms of visual art or documentation of performative artistry should be submitted to WSQ.submittable.com. Before submitting, please review previous issues of WSQ to see what type of creative submissions we prefer. Note that creative submissions may be held for six months or longer. We do not accept work that has been previously published. (Simultaneous submissions are acceptable if the editors are notified immediately of acceptance elsewhere.) For questions related to creative prose submissions, email [email protected]. For questions related to poetry submissions, email the WSQ’s poetry editor at WSQpoetry@ gmail.com. For questions regarding other forms of artistic or creative work, email the visual arts editor at WSQvisualart@ gmail.com.

November 10, 2022 in Call for Papers, Education, Theory | Permalink | Comments (0)

Thursday, October 6, 2022

Can Title IX Be Used to Exclude Trans Athletes

WP, A Battle Over Title IX: Can it be Used to Exclude Trans Athletes?

On Thursday, a federal appellate court heard arguments concerning the rights of transgender student-athletes.

But unlike most other legal challenges of this kind, the plaintiffs aren’t trans people suing to have their rights recognized.

Instead, a group of young cisgender women, represented by the Christian conservative legal organization Alliance Defending Freedom, is arguing that allowing trans athletes to compete on teams that align with their gender identity violates the rights of cis women.
 
The case, Soule et al v. Connecticut Association of Schools et al, was dismissed by a federal district judge last year, but it has proved to be consequential.

On Thursday, a federal appellate court heard arguments concerning the rights of transgender student-athletes.

But unlike most other legal challenges of this kind, the plaintiffs aren’t trans people suing to have their rights recognized.

Instead, a group of young cisgender women, represented by the Christian conservative legal organization Alliance Defending Freedom, is arguing that allowing trans athletes to compete on teams that align with their gender identity violates the rights of cis women.
 

The case, Soule et al v. Connecticut Association of Schools et al, was dismissed by a federal district judge last year, but it has proved to be consequential.

 

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October 6, 2022 in Education, LGBT, Sports | Permalink | Comments (0)