Sex-Based Discrimination: Text, Cases and Materials Book

	Preface	iii
	Authors' Note and Acknowledgements	vii
	Acknowledgements and Permission	ix
	Table of Cases	xix
	Introduction: What is Equality Between the Sexes?	1
Chapter I.	Constitutional Limits on Sex-Based Discrimination	10
A.	The Tradition	10
1.	Text Note: Legislative and Judicial Perspectives on American Womanhood	10
2.	Men as Victims?	21
	United States v. St. Clair	21
	Notes on St. Clair	22
B.	The New Direction	23
1.	The Turning Point	23
	Reed v. Reed	23
	Notes on Reed	27
	Text Note: An Overview of Equal Protection Analysis	28
2.	Sex as a "Suspect" Classification	30
	Frontiero v. Richardson	30
	Notes on Frontiero	37
3.	An Intermediate Approach	40
	Craig v. Boren	40
	Notes on Craig	53
4.	Heightened "Skeptical" Scrutiny	58
	United States v. Virginia et al.	58
	Notes on VMI	89
C.	Identifying the Victims of Discrimination	90
1.	Discrimination as the "Accidental By-Product of a Traditional Way of Thinking About Females"	90
	Califano v. Goldfarb	90
	Notes on Goldfarb	103
2.	Purposeful Discrimination	106
	Tuan Anh Nguyen v. I.N.S.	106
	Rostker v. Goldberg	126
	Notes on Tuan Anh Nguyen and Rostker	141
	Text Note: Women in the Military	143
3.	"Benign" Classifications	153
	Mississippi University For Women v. Hogan	153
	Notes on Hogan	164
4.	Gender-Neutral Classifications	167
	Personnel Adm'r of Massachusetts v. Feeney	167
	Notes on Feeney	179
D.	First Amendment Constraints on Sex Discrimination Claims	182
1.	Private Clubs	182
	Board of Directors of Rotary International v. Rotary Club	182
	Notes on Rotary International	187
2.	Pornography	195
	American Booksellers Ass'n, Inc. v. Hudnut	195
	Notes on Hudnut	203
E.	State Equal Rights Amendments	209
	Guard v. Jackson	209
	Notes on Guard	213
Chapter II.	Sexual Interaction Within the Family	218
A.	Marriage and Family Life	218
1.	The Marriage Contract	218
a.	Traditional Marriage and Its Consequences for Women	218
i.	Age at Marriage, Married Name, Domicile	218
	Bobb v. Municipal Court	218
	In re Laura Beth Lamb on Disbarment	222
	Notes on Bobb and Lamb	226
	Text Note: The Married Woman's Loss of Identity	227
ii.	Support of Spouse and Children	244
	Commonwealth ex rel. Goldstein v. Goldstein	244
	Notes on Goldstein	247
	Text Note: Support of Spouse and Children During Marriage	250
iii.	Marital Property Regimes	259
	Kirchberg v. Feenstra	259
	Notes on Kirchberg	261
	Text Note: Position of the Wife in Common Law and Community Property States	261
b.	Rethinking the Marriage Contract	274
i.	Feminists and Marriage	274
	Proclamation 4786 of August 29, 1980	275
	Marriage	276
	The Politics of Housework	282
	The Family: Preserving America's Future	286
	Contract With the American Family	289
	Notes on Feminists and Marriage	290
ii.	Same-Sex Marriage	293
	Baker v. Nelson	293
	Baker v. State of Vermont	296
	Notes on Nelson and Baker	309
2.	Dissolution of Marriage	312
a.	Grounds	312
	Text Note: The Statutory Basis for Marriage Dissolution	312
b.	Financial Provisions	316
	In re Marriage of Morrison	316
	White v. White	321
	Petersen v. Petersen	326
	Notes on Morrison, White, and Petersen	331
	Text Note: Spousal Support and Division of Property Following Divorce	338
c.	Custody and Support of Children	342
	Pikula v. Pikula	342
	Tresnak v. Tresnak	349
	E.N.O. v. L.M.M.	353
	Zepeda v. Zepeda	364
	Notes on Pikula, Tresnak, E.N.O. and Zepeda	368
	Text Note: Child Custody and Support	377
B.	Family Life Without Marriage	390
1.	Barriers Against the Unwed Family	390
	Jarrett v. Jarrett	390
	Notes on Jarrett	395
2.	The Unwed Parent	402
	Lehr v. Robertson	402
	Notes on Lehr	410
3.	Text Note: Illegitimacy and Sex-Based Discrimination	416
a.	The Relative Rights of the Natural Parents	416
b.	Illegitimacy and the Social Status of Women	419
4.	Property Rights of Couples Living in Nonmarital Cohabitation	425
	Watts v. Watts	425
	Notes on Watts	433
C.	Text Note: The Legal Structure of Family Life	437
D.	Family Planning: Who Controls the Reproductive Process?	439
1.	Contraception	439
	Carey v. Population Servs. Int'l	439
	Notes on Carey	448
2.	Gestational Surrogacy	451
	Johnson v. Calvert	451
	Notes on Johnson	467
3.	Abortion	470
	Roe v. Wade	470
	Planned Parenthood of Southeastern Pennsylvania v. Casey	479
	Notes on Roe and Casey	514
4.	Sterilization	516
	Walker v. Pierce	516
	Notes on Walker	522
	Text Note: Control of the Body	525
Chapter III.	Women and Employment	540
	Introductory Note	540
A.	Title VII of the Civil Rights Act of 1964	542
1.	The Legal Framework for Title VII Litigation	542
a.	Disparate Impact	542
	Griggs v. Duke Power Co.	542
	Notes on Griggs	547
	Note on 1991 Amendments to Title VII	558
b.	Disparate Treatment	560
i.	The Prima Facie Case	560
	Mcdonnell Douglas Corp. v. Green	560
	Notes on McDonnell Douglas	564
ii.	Articulating Legitimate and Nondiscriminatory Reasons	566
	Texas Department of Community Affairs v. Burdine	566
	Notes on Burdine	572
iii.	Discriminatory Motive as a Finding of Fact and the "Clearly Erroneous" Standard of Review	579
	Anderson v. City of Bessemer City	579
	Notes on Anderson	587
iv.	Proof of Pretext	590
	St. Mary's Honor Center v. Hicks	590
	Notes on Hicks	603
v.	"Mixed Motives" As Disparate Treatment	608
	Price Waterhouse v. Hopkins	608
	Notes on Hopkins	636
c.	Systemic Disparate Treatment	641
	Ottaviani v. State University of New York at New Paltz	641
	Notes on Ottaviani	652
2.	Specific Applications of Title VII to Sex Discrimination	657
a.	Classifications Based on Sex	657
	Phillips v. Martin Marietta Corporation	657
	Notes on Phillips	658
	Willingham v. Macon Telegraph Pub. Co.	660
	Notes on Willingham	664
	Newport News Shipbuilding & Dry Dock Co. v. EEOC	671
	Notes on Newport News	679
	California Federal Sav. and Loan Ass'n v. Guerra	681
	Notes on Cal Fed	695
	Text Note Ensuring Non-Discrimination	700
b.	The BFOQ Defense to Sex-Based Classifications	710
	Dothard v. Rawlinson	710
	Notes on Dothard	716
	International Union, UAW v. Johnson Controls, Inc.	722
	Notes on Johnson Controls	736
c.	Sexual Harassment	741
	Meritor Savings Bank, FSB v. Vinson	741
	Harris v. Forklift Systems, Inc.	752
	Notes on Vinson and Harris	756
	Burlington Industries, Inc. v. Ellerth	770
	Faragher v. City of Boca Raton	781
	Notes on Ellerth and Faragher	792
d.	Women in Upper Level Jobs	793
	Brown v. Trustees of Boston University	793
	Notes on Brown	812
	University of Pennsylvania v. E.E.O.C.	815
	Notes on University of Pennsylvania	823
	Text Note Proving Discrimination: Title VII in Academe	826
3.	Title VII Remedies	840
a.	Introductory Note	840
b.	Voluntary Affirmative Action: Reverse Discrimination Under Title VII?	845
	Johnson v. Transportation Agency, Santa Clara County	845
	Notes on Johnson	869
B.	Wage Discrimination	873
1.	The Equal Pay Act of 1963	873
a.	Equal Work	873
	Shultz v. Wheaton Glass Co.	873
	Notes on Wheaton Glass	879
	EEOC v. Madison Comm. Unit School Dist. No. 12	881
	Notes on Madison School District	887
b.	Differentials Based on any Other Factor Other than Sex	890
	Hodgson v. Robert Hall Clothes, Inc.	890
	EEOC v. Madison Comm. Unit School Dist. No. 12	894
	Notes on Robert Hall and Madison School District	897
2.	Incorporation of the Equal Pay Act Into Title VII	899
	American Nurses' Association v. State of Illinois	899
	Notes on American Nurses' Association	907
C.	Constitutional Prohibitions Against Intentional Discrimination in Employment	913
	Washington v. Davis	913
	Personnel Adm'r of Massachusetts v. Feeney	920
	Notes on Washington v. Davis and Feeney	920
	Text Note The Post Civil War Civil Rights Acts: 42 U.S.C.A. [sections] 1981 and 1983	925
	Patterson v. McLean Credit Union	927
	Note on Patterson	929
D.	Obligations of Government Contractors	931
1.	Executive Order 11246	931
	Notes on the Executive Order	931
2.	Opportunities for Women-Owned Businesses	933
	Notes on Set-Aside Provisions for Government Contractors	933
E.	Text Note: The Role of Unions in Employment Discrimination	951
Chapter IV.	Educational Opportunity	960
	Introductory Note	960
A.	Constitutional Challenges to Sex Segregation in Education	961
1.	Admission Barriers: Single-Sex Schools	961
	United States v. Virginia	961
	Notes on VMI	962
	Text Note Is There a Place for Women's Colleges?	970
2.	The Right to Equal Play: Sex Segregation in Athletic Programs	975
	Clark v. Arizona Interscholastic Association	975
	Lantz by Lantz v. Ambach	980
	Notes on Clark and Lantz	981
B.	Title IX of the Education Amendments of 1972	986
	Text Note Overview of Title IX	986
1.	Coverage and Remedies Under Title IX	991
	Gebser v. Lago Vista Independent School District	991
	Davis v. Monroe County Board of Education	1002
	Notes on Gebser and Davis	1024
2.	Title IX and College Athletics	1031
	Cohen v. Brown University [Cohen II]	1031
	Cohen v. Brown University [Cohen IV]	1045
	Notes on Cohen II and IV	1066
C.	Affirmative Action	1070
	Text Note Room at the Top: Affirmative Action at Colleges and Universities	1070
D.	Law Schools	1078
	Introductory Note Women as Law Students and Professors	1078
	Text Note Feminist Jurisprudence: What Is It? When Did It Start? Who Does It?	1087
Chapter V.	Women and Crime	1091
A.	Rape	1091
1.	Statutory Rape	1091
	Michael M. v. Superior Court	Title:    Sex-Based Discrimination: Text, Cases and Materials Manufacturer: West Publishing West Publishing Item Number: 9780314260123 Publication Date: May 2002 Number: 5 Product Description: Full Name: Sex-Based Discrimination: Text, Cases and Materials; Short Name:Sex-Based Discrimination Universal Product Code (UPC): 9780314260123 WonderClub Stock Keeping Unit (WSKU): 9780314260123 Rating: 3.5/5 based on 2 Reviews Image Location: https://wonderclub.com/images/covers/01/23/9780314260123.jpg Category: Media >> Books Weight: 0.200 kg (0.44 lbs) Width: 0.000 cm (0.00 inches) Heigh : 0.000 cm (0.00 inches) Depth: 0.000 cm (0.00 inches) Date Added: August 25, 2020, Added By: Ross Date Last Edited: August 25, 2020, Edited By: Ross Price Condition Delivery Seller Action $99.99 Digital Arrives between May 4 - Jun 3 Login to your account for a direct download. Some files are emailed from Dropbox. Continent $0.00 - World $0.00 WonderClub (9296 total ratings) Question Concerning Sex-Based Discrimination Ask a Question about Sex-Based Discrimination No Question found! Read Reviews for Sex-Based Discrimination: Text, Cases and Materials Write review Fabio Ravelli reviewed Sex-Based Discrimination: Text, Cases and Materials on November 08, 2016 Sex-Based Discrimination Hughes does a solid job of compressing the long environmental history down into a readable format that lacks ethnocentrism and presents its points clearly. Probably the best overall book I read for my environmental history class. Login   |   Complaints   |   Blog   |   Games   |   Digital Media   |   Souls   |   Obituary   |   Contact Us   |   FAQ CAN'T FIND WHAT YOU'RE LOOKING FOR? CLICK HERE!!! X You must be logged in to add to Wishlist E-mail address: Password:           Open Account Here X This item is in your Wish List View Wish List Remove from List Continue Shopping X This item is in your Collection Sex-Based Discrimination: Text, Cases and Materials View Collection Remove from Collection Edit Collection Continue Shopping X This Item is in Your Inventory Sex-Based Discrimination: Text, Cases and Materials View Inventory Remove from Inventory Edit Inventory Continue Shopping X You must be logged in to review the products E-mail address: Password:           Open Account Here X View Cart Checkout Continue Shopping X X Add Sex-Based Discrimination: Text, Cases and Materials, Presents a number of aspects of each of five main areas of differential treatment between men and women: constitutional limits on sex-based discrimination; sexual interaction within the family; women and unemployment; educational opportunity; and women an, Sex-Based Discrimination: Text, Cases and Materials to the inventory that you are selling on WonderClub Product Condition Collectible - Good Collectible - Acceptable Collectible - Very Good Collectible - Like New New - New Refurbished - Refurbished Replica - Acceptable Replica - Good Replica - Very Good Replica - Like New Replica - New Used - Like New Used - Very Good Used - Good Used - Acceptable Price Condition Note Quantity 1 2 3 4 5 6 7 8 9 10 MSKU MSKU=Merchant Stock Keeping Unit, You can create any value you wish to help you keep track of your products Add X X Add Sex-Based Discrimination: Text, Cases and Materials, Presents a number of aspects of each of five main areas of differential treatment between men and women: constitutional limits on sex-based discrimination; sexual interaction within the family; women and unemployment; educational opportunity; and women an, Sex-Based Discrimination: Text, Cases and Materials to your collection on WonderClub Condition Note Quantity 1 2 3 4 5 6 7 8 9 10 MSKU MSKU=Merchant Stock Keeping Unit, You can create any value you wish to help you keep track of your products Value This is the value of this item at today's market price Price Paid This is the price you paid for this item. Add