Worksheet 1 PDF

12/1/24, 12:26 PM lawschool.westlaw.com - The most comprehensive Web site for law school students and faculty Survey Posting created by bonita roberts on Sunday, August 11, 2024 at 9:44 PM Worksheet 1 Posting created by bonita roberts on Wednesday, August 9, 2023 at 10:...

12/1/24, 12:26 PM lawschool.westlaw.com - The most comprehensive Web site for law school students and faculty Survey Posting created by bonita roberts on Sunday, August 11, 2024 at 9:44 PM Worksheet 1 Posting created by bonita roberts on Wednesday, August 9, 2023 at 10:03 AM Attachment HTML: Worksheet #1 1. Identify the five theoretical perspectives in the textbook: 2. How does the textbook define “formal equality”? 3. Which 1970’s litigator used primarily formal equality principles in arguments before the Supreme Court? 4. What circumstances limit application of formal equality? 5. How does substantive equality differ from formal equality? 6. What is one focus of substantive equality? 7. Identify two other focuses of substantive equality: 8. Does substantive equality require identical or mirror image outcomes? 9. How do sports exemplify the answer to #9? 10. How does non-subordination theory shift the focus of attention? 11. Explain non-subordination theory’s basic critique of formal and substantive equality: 12. What groups find this theory useful? 13. Difference theory ascribes what characteristics of women as potentially valuable assets? 14. What is the biggest objection to difference theory? https://lawschool.westlaw.com/DocForums/PostingPrintDisplay.aspx 1/36 12/1/24, 12:26 PM lawschool.westlaw.com - The most comprehensive Web site for law school students and faculty 15. How does autonomy include negative and positive rights? 16. What is an important challenge to the autonomy perspective? Worksheet 2 Posting created by bonita roberts on Wednesday, August 9, 2023 at 10:01 AM Attachment HTML: Worksheet #2 1. Why did Ruth Bader Ginsburg prefer the word “gender” instead of “sex”? 2. Does Mary Ann Case contend that the categories of sex, gender, and sexual orientation should be disaggregated? Why? 3. How does Valdes view the conflation of “sex,” “gender,” and “sexual orientation”? 4. Would Dean Spade endorse gender designation on government documents? 5. Are there any jurisdictions that allow a third gender option on official documents? 6. What is the U.S State Department’s policy for passport gender designation? 7. What does Crenshaw identify as the problem with how race and gender work together to create destructive forms of bias? 8. How does Angela Harris define “gender essentialism”? 9. What is the dilemma of intersectionality? 10. When one sex is dominant, according to Dowd, what is the impact on gender issues? 11. Frank Cooper asserts that manhood is demonstrated how? https://lawschool.westlaw.com/DocForums/PostingPrintDisplay.aspx 2/36 12/1/24, 12:26 PM lawschool.westlaw.com - The most comprehensive Web site for law school students and faculty 12. How does masculinity affect policing? 13. What does Cooper contend is the prototypical masculinity contest? 14. How does Silicon Valley culture express masculinity? Worksheet 3 Posting created by bonita roberts on Wednesday, August 9, 2023 at 9:57 AM Attachment HTML: JURISPRUDENCE WORKSHEET #3 1. What does formal equality mean? 2. Identify two reasons advanced in Muller to uphold the Oregon state statute restricting women’s work hours. 3. What standard of review did the Supreme Court apply in Goesart to the Michigan law applicable to women bartenders? 4. How did Bradwell respond to the argument that unmarried women are unaffected by laws that restrict married women? 5. In Stanton’s address to the New York legislature, did she claim that women are the same as men or different or both? Provide examples. 6. Did the Reed decision consider men and women as part of the same class of persons entitled to administer a child’s estate? How did the decision respond to the argument of reducing the workload on probate courts? 7. Which constitutional provision applied in Frontiero? https://lawschool.westlaw.com/DocForums/PostingPrintDisplay.aspx 3/36 12/1/24, 12:26 PM lawschool.westlaw.com - The most comprehensive Web site for law school students and faculty 8. What purpose for the Frontiero statute did the government advance? 9. What level of scrutiny did the Court apply in Orr? 10. Why did the Court reject using sex as a proxy for need under Alabama’s alimony statute? 11. Why did the Stanton decision reject the sex-based distinction connected to age? 12. What level of scrutiny did the Court apply in Craig? 13. What was the State’s important governmental objective? 14. Why were the State’s statistics unpersuasive to the Court? Worksheet 4 Posting created by bonita roberts on Tuesday, August 29, 2023 at 9:36 AM Attachment HTML: JURISPRUDENCE WORKSHEET #4 1. Which standard of review has the Supreme Court applied in the equal protection context to sexual orientation? 2. Has the Supreme Court extended Title VII’s definition of sex to sexual orientation or sexual identity? https://lawschool.westlaw.com/DocForums/PostingPrintDisplay.aspx 4/36 12/1/24, 12:26 PM lawschool.westlaw.com - The most comprehensive Web site for law school students and faculty 3. What was the percentage of women in the military at the time of Frontiero? Now? 4. Are women currently eligible for combat positions? 5. Are men currently required to register for the draft? Women? 6. Update National Coalition cited in the footnotes and explain whether the Fifth Circuit has considered the district court decision. If so, what was the result? Has the Supreme Court addressed the case? 7. What is the current status of transgender individuals in the military? 8. Has the ERA been ratified? 9. What is the two-part test applied in Feeney to the veterans’ preference statute? 10. How does Feeney assess the existence of discriminatory purpose? 11. What is Justice Marshall’s view in his dissent about the legislature’s awareness of the law’s impact on women? https://lawschool.westlaw.com/DocForums/PostingPrintDisplay.aspx 5/36 12/1/24, 12:26 PM lawschool.westlaw.com - The most comprehensive Web site for law school students and faculty formal equality problem Posting created by bonita roberts on Wednesday, September 1, 2021 at 10:33 AM Attachment HTML: Problem High County is a semi-rural area somewhere in the United States. With only one independent school district, the county high school is affectionately known as “High High.” Since the late 1940’s, the school district policy prescribes that high school students must wear robes based on their sex: dark blue for boys and white for girls. https://lawschool.westlaw.com/DocForums/PostingPrintDisplay.aspx 6/36 12/1/24, 12:26 PM lawschool.westlaw.com - The most comprehensive Web site for law school students and faculty Recently, however, a dispute has erupted on social media and school board meetings over the policy. The following conversation occurred among board members: Board member #1: Although district records provide no reason for the policy, tradition is good enough for me. After all, brides wear white, so what’s wrong with that at graduation, too? White symbolizes purity. Board member #2: Why not let each student choose which color to wear? We could offer several alternatives, such as blue, white, green, or red. Board member #3: That’s too hard and expensive to administer. The simple solution is always best: require all grads to wear the same color robes. Apart from any legal issues, identify whether any board members’ statements represent a formal equality approach to the dilemma. Define the term and explain the rationale for your choice. After the Board’s discussion, it sought input from the parents at a couple of additional board meetings, at which the most vocal favored retaining the original policy. Thereafter, the Board voted to retain the policy of blue graduation robes for boys and white for girls, citing the importance of tradition and popular support. Several angry parents wish to challenge the policy in court and consult the law office where you clerk about possible litigation. Your supervisor has asked you to address any formal equality constitutional provision that might apply to the policy, the applicable legal framework, and arguments for the parents and the school board. Worksheet 5 Posting created by bonita roberts on Wednesday, August 9, 2023 at 9:45 AM Attachment HTML: JURISPRUDENCE WORKSHEET #5 1. As described in Woody, what are the elements of an Equal Pay Act prima facie case? 2. Must the work conditions be identical? 3. What are the EPA affirmative defenses? Which affirmative defense does HCC invoke in Woody? Is it successful? 4. What does Judge Posner state in Madison about responsibility and supervising assistant coaches? 5. According to Judge Posner, may an employer lawfully divide equal work into two job classifications with unequal pay, forbid women to compete for one of the job classifications, and defend with a “factor other than sex”? 6. What was the general pay gap between Rizo and the other math consultants? https://lawschool.westlaw.com/DocForums/PostingPrintDisplay.aspx 7/36 12/1/24, 12:26 PM lawschool.westlaw.com - The most comprehensive Web site for law school students and faculty 7. Identify the issue addressed by the Rizo court? 8. Explain the en banc court’s reasoning. 9. How does Rizo characterize the “market force” theory? 10. Does the sex-based wage gap persist? 11. Does the EPA cover gender biases like those in the coaching case? 12. Do men and women share the same approach to negotiating pay? 13. What is comparable worth theory? 14. Have any states endorsed it? 15. Does the gig economy produce equal pay? Equal Pay Act BOP Posting created by bonita roberts on Thursday, July 23, 2020 at 9:03 AM Attachment HTML: Equal Pay Act Burden of Proof Allocations: Prima facie case: 1. 2. 3. 4. https://lawschool.westlaw.com/DocForums/PostingPrintDisplay.aspx 8/36 12/1/24, 12:26 PM lawschool.westlaw.com - The most comprehensive Web site for law school students and faculty Affirmative defenses 1. 2. 3. 4. Worksheet 6-revised Posting created by bonita roberts on Tuesday, August 22, 2023 at 10:39 AM Attachment HTML: JURISPRUDENCE WORKSHEET #6 1. What are the two theories of discrimination identified under Title VII? 2. What was the law firm’s reason for denying Ezold partnership? 3. What are the criteria used by the firm to assess associates? Are those criteria objective? 4. What did the Ezold court identify as the elements of a prima facie case of discrimination on the basis of pretext? 5. What is the defendant’s burden? 6. How can a pretext plaintiff establish the ultimate burden? Does it succeed in Ezold or Woody? 7. What was Ezold’s “Catch 22"? 8. What specific Title VII provision was the Hamilton court’s focus? https://lawschool.westlaw.com/DocForums/PostingPrintDisplay.aspx 9/36 12/1/24, 12:26 PM lawschool.westlaw.com - The most comprehensive Web site for law school students and faculty 9. What did the Fifth Circuit conclude about that provision as applied to the Dallas County policy? 10. Did the Hamilton plaintiffs prevail? Why? 11. How does the Fifth Circuit now define “adverse employment action”? 12. Is Price Waterhouse a pretext or mixed-motive case? 13. How did the 1991 civil rights statute modify Price Waterhouse? 14. According to Kanter’s research on tokenism, groups constituting what percentage of an organization are vulnerable to stereotyping? What four role model traps for women in the workplace did she identify? 15. What is systemic bias theory? 16. Why did Clayton County discharge Gerald Bostock? 17. Did the Supreme Court apply the “but for” standard of liability in this case? 18. How did the majority characterize Title VII’s focus, i.e., on individuals or groups? 19. Would an employer have a defense if it alleged that other factors, apart from sexual orientation or transgender status, contributed to the disputed decision? 20. Does an employer violate Title VII by firing both Hannah and Bob for failing to fulfil sex stereotypes? 21. How did the majority describe its response to the employer’s claim that protecting transsexuals and homosexuals was unanticipated in 1964? 22. What specific federal statutes did the majority cite for religious freedom concerns? 23. Did the Court acknowledge any First Amendment exception? 24. In Olivarez, did the Fifth Circuit endorse Bostock as applied to sexual orientation and gender identity? Did Olivarez prevail? Why? https://lawschool.westlaw.com/DocForums/PostingPrintDisplay.aspx 10/36 12/1/24, 12:26 PM lawschool.westlaw.com - The most comprehensive Web site for law school students and faculty Title VII disparate treatment burdens of proof Posting created by bonita roberts on Tuesday, September 5, 2017 at 9:52 AM Attachment HTML: DISPARATE TREATMENT – PRETEXT BURDEN OF PROOF ALLOCATION Prima facie case/plaintiff’s burden: Defendant’s burden: Plaintiff’s ultimate burden of persuasion: examples Worksheet 7 Posting created by bonita roberts on Wednesday, August 9, 2023 at 9:38 AM Attachment HTML: JURISPRUDENCE WORKSHEET #7 1. Carbado and Gulati’s hypothetical Mary raises what three Title VII claims? 2. Would those claims succeed? 3. What two types of essentialism work against Mary? 4. List four ways Mary faces performance issues: 5. What were Jeffries’ specific claims against her employer? Who filled every position she sought? https://lawschool.westlaw.com/DocForums/PostingPrintDisplay.aspx 11/36 12/1/24, 12:26 PM lawschool.westlaw.com - The most comprehensive Web site for law school students and faculty 6. How did the court rule on the race discrimination claim? 7. On the sex discrimination claim? 8. On the sex and race discrimination claim? 9. What did the court state as the only way to remedy discrimination directed toward black women? 10. What percentage of law school attendees is female? Attorneys? Equity partners? Pay discrepancy? Color? LGBTQplus? https://lawschool.westlaw.com/DocForums/PostingPrintDisplay.aspx 12/36 12/1/24, 12:26 PM lawschool.westlaw.com - The most comprehensive Web site for law school students and faculty graham et al v. vassar college Posting created by bonita roberts on Monday, September 18, 2023 at 8:05 AM Worksheet 8 Posting created by bonita roberts on Wednesday, August 9, 2023 at 9:35 AM Attachment HTML: WORKSHEET #8 1. Did the Eline plaintiffs challenge an apparel policy by invoking the Constitution or Title VII? 2. What was the specific provision at issue? 3. What specific legal standard did the Fourth Circuit apply? 4. What “important state interest” did the defendant invoke? 5. Do all federal circuit courts agree with the Fourth Circuit holding? 6. Did the Fourth Circuit rely in part on its prior precedent? 7. Did the concurrence express concern about “moral disapproval” as a means of justifying a law that discriminates among groups? What opinion did the concurrence cite? 8. Citing the Tenth Circuit decision, what specific aspect of the Ocean City ordinance did the concurrence address? 9. Update Eline and identify any subsequent history. Is the case still good law? 10. In what context did the Ninth Circuit invoke the “equal burdens” test prior to Jespersen? Is the case binding in Texas? 11. Does the Harrah’s policy facially differentiate between men and women? 12. What criteria does the Ninth Circuit use to assess the impact of Harrah’s policy? 13. How does Jespersen invoke Price Waterhouse to support her claim, and what is the court’s response? 14. What does the Pregerson dissent view as the motive behind the makeup policy? 15. How does the Kozinski dissent characterize the use of makeup? 16. Does personal appearance impact attorneys’ pay? 17. Identify a federal statute that has successfully covered weight discrimination claims. 18. Does the Texas Labor Code prohibit grooming or dress policies related to historical hairstyles associated with race? If so, identify the specific types of coverage. What is the statute’s effectiveness date? 19. Which policy in Rawlinson triggered BFOQ analysis? 20. How does the Court characterize the essence of a correctional counselor’s job? https://lawschool.westlaw.com/DocForums/PostingPrintDisplay.aspx 13/36 12/1/24, 12:26 PM lawschool.westlaw.com - The most comprehensive Web site for law school students and faculty 21. Identify two reasons the Court stated to uphold the policy. 22. In Justice Marshall’s dissent, what are the “two wrongs” he says the majority has used to make a right? 23. What is the policy at issue in Southwest Airlines? 24. What aspect of the flight attendant job is central to the employer’s argument? 25. How did the court respond to the airline’s claim that its primary function is to make a profit? What is the court’s view of an airline’s primary function? BFOQ burden of proof Posting created by bonita roberts on Thursday, September 7, 2017 at 10:17 AM Attachment HTML: DISPARATE TREATMENT – BONA FIDE OCCUPATIONAL QUALIFICATION PRIMA FACIE CASE: AFFIRMATIVE DEFENSE: 1. 2. Worksheet 9 Posting created by bonita roberts on Tuesday, August 8, 2023 at 3:11 PM Attachment HTML: JURISPRUDENCE WORKSHEET #9 1. Identify the two types of associational rights set forth by the Supreme Court in Rotary. 2. What factors do courts use to determine whether a particular association is sufficiently personal or private to warrant constitutional protection? https://lawschool.westlaw.com/DocForums/PostingPrintDisplay.aspx 14/36 12/1/24, 12:26 PM lawschool.westlaw.com - The most comprehensive Web site for law school students and faculty 3. How did the Supreme Court analyze Rotary’s expressive associational rights? 4. What compelling interest did the Court accept to justify the “slight infringement” on Rotary members’ expressive associational rights? 5. Because no federal legislation reaches private clubs or associations, what is the legal mechanism necessary to pursue claims of exclusion based on sex? 6. What provision did Foster allege discriminated against him? 7. Did Foster already belong to a health club? 8. Were other clubs available to Foster? 9. What statutory right did the health club invoke as its defense? 10. How did the court distinguish the facts of cases used by the club in support of a customer privacy defense? 11. How did the court characterize the privacy right? 12. How did the court react to the affidavits from club members based on issues of intimidation and religion? 13. How did the Massachusetts legislature respond to Foster? 14. What two principles did the Court consider in Masterpiece Cake? 15. Of the two, which was the most difficult and why? 16. What is the free exercise difficulty? 17. Which entity did the Court conclude violated the baker’s Free Exercise right? 18. Does the Colorado public accommodation law extend to sexual orientation? Is the definition of “public accommodation” broad or narrow? https://lawschool.westlaw.com/DocForums/PostingPrintDisplay.aspx 15/36 12/1/24, 12:26 PM lawschool.westlaw.com - The most comprehensive Web site for law school students and faculty 19. What did Justice Kennedy’s opinion state about general treatment of gay persons? 20. What did Justice Kennedy state about obligations of business owners? 21. What is the significance of the fact that this dispute arose in 2012? 22. Apart from the commissioners’ statements, what other indication of hostility did the Court highlight? 23. Which specific First Amendment right was at issue in 303 Creative? 24. Is the Colorado public accommodation law narrow or broad in its protections? 25. Which prior Supreme Court decision pertinent to the same state law did the website designer invoke? 26. Did the Court agree with the lower courts that Smith’s prospective wedding websites qualified as “pure speech”? 27. How did the Court describe Colorado’s alternate theory? 28. How did the Court respond to the State’s claim that the commercial nature of Smith’s speech limits her expressive freedom? 29. What analogy did the dissent use to challenge the conclusion that public accommodation permits exceptions? https://lawschool.westlaw.com/DocForums/PostingPrintDisplay.aspx 16/36 12/1/24, 12:26 PM lawschool.westlaw.com - The most comprehensive Web site for law school students and faculty Worksheet 10 Posting created by bonita roberts on Thursday, July 23, 2020 at 9:00 AM Attachment HTML: JURISPRUDENCE WORKSHEET #10 1. Explain how ‘substantive equality’ differs from ‘formal equality.’ 2. Identify three examples of substantive equality solutions to sex-based differences identified in Chapter Two’s introduction. 3. In what circumstances will a ‘benign intent’ sex-based classification succeed in the equal protection context? 4. In a Title VII affirmative action claim, which party bears the burden of establishing whether the plan is valid or invalid? 5. In the Johnson decision, the plaintiff was a man denied an advancement opportunity. Did Diane Joyce, the individual who received the promotion, have an arguable Title VII claim based on her supervisor’s behavior? https://lawschool.westlaw.com/DocForums/PostingPrintDisplay.aspx 17/36 12/1/24, 12:26 PM lawschool.westlaw.com - The most comprehensive Web site for law school students and faculty 6. Must an employer point to its own prior practices or evidence of discrimination? 7. To determine whether an imbalance exists in a traditionally segregated job category, what should an employer consider? 8. When the job requires specialized training, what comparison is necessary? 9. How many women occupied Skilled Craft jobs in Santa Clara County? 10. Did the Court perceive the Title VII constraints on voluntary affirmative action as identical to those in the constitutional framework? Did the plaintiff in this case allege a constitutional claim? 11. What criteria did the Court consider to assess whether the County plan “trammeled the rights of the majority workers”? 12. In Justice Scalia’s dissent, he found what to be “utterly miraculous”? Problem 2 Posting created by bonita roberts on Sunday, September 29, 2024 at 10:05 AM Title VII affirmative action burden of proof Posting created by bonita roberts on Thursday, September 21, 2017 at 9:56 AM Attachment HTML: TITLE VII AFFIRMATIVE ACTION BURDEN OF PROOF I. Prima Facie case: pretext model https://lawschool.westlaw.com/DocForums/PostingPrintDisplay.aspx 18/36 12/1/24, 12:26 PM lawschool.westlaw.com - The most comprehensive Web site for law school students and faculty II. Defendant’s burden: III. Plaintiff’s ultimate burden: Worksheet 11 Posting created by bonita roberts on Tuesday, October 10, 2023 at 8:38 PM Attachment HTML: JURISPRUDENCE WORKSHEET #11 1. What was the “essential issue” in Gelduldig? The holding? What level of review did the Court apply? 2. How did the Court divide those covered in the policy? (hint: see fn.20) 3. What was the dissent’s criticism of the majority’s standard of review? 4. Did the policy cover male procedures? 5. Is Geduldig still good law? In what recent Supreme Court opinion was it cited? 6. How did Congress respond to Geduldig and Gilbert? 7. In the Guerra decision, how did the Supreme Court characterize the Pregnancy Discrimination Act? (hint: see p. 252) 8. How did the Court distinguish the PDA from earlier protective legislation? 9. According to Herma Hill Kay, what concept offers a theoretical justification for making those unequal equal by removing barriers? How did she apply that to reproductive behavior? 10. What solution did Judge Posner propose for the cost differential between male/female employees? https://lawschool.westlaw.com/DocForums/PostingPrintDisplay.aspx 19/36 12/1/24, 12:26 PM lawschool.westlaw.com - The most comprehensive Web site for law school students and faculty 11. How did the challenged policy in Johnson Controls define women capable of bearing children? 12. Did the Supreme Court consider the policy as neutral or sex-specific? 13. What burden of proof did the Court apply? 14. Under that burden of proof, what defense did the employer assert? 15. How does the Court define “safety” in the BFOQ context? 16. Was the extra cost defense successful? 17. What comparators were required by the Troupe court to successfully plead Title VII pregnancy discriminaton? 18. Was the human resources manager’s remark about Troupe not returning to work sufficient to establish Title VII discrimination? 19. Which burden of proof was at issue in Young? 20. Which UPS workers were eligible for light duty assignments? 21. What was Young’s ultimate burden? 22. What facts did the Court highlight to support that burden? 23. Does the ADA consider pregnancy a disability? 24. Have the federal courts generally ruled in favor of pregnant workers post Young? 25. What is PWFA? https://lawschool.westlaw.com/DocForums/PostingPrintDisplay.aspx 20/36 12/1/24, 12:26 PM lawschool.westlaw.com - The most comprehensive Web site for law school students and faculty Worksheet 12 Posting created by bonita roberts on Monday, October 23, 2023 at 8:16 AM Worksheet 13 Posting created by bonita roberts on Monday, October 23, 2023 at 8:19 AM Attachment HTML: JURISPRUDENCE WORKSHEET #13 1. What sex-linked average was at issue in Manhart? 2. Did the Court characterize the plan as determined by class status or individual characteristics? 3. How did the Court perceive the problem with classifications by groups? 4. How did the Court dispose of the cost justification defense under Title VII? 5. Do women currently receive equal pension benefits? 6. Did Bostock cite Manhart? (hint: review question, see Bostock) 7. In Hogan, did the Supreme Court categorically reject same-sex schools? 8. What were the two issues identified by the Supreme Court in the VMI decision? 9. Specifically state the legal standard applied in the VMI decision: https://lawschool.westlaw.com/DocForums/PostingPrintDisplay.aspx 21/36 12/1/24, 12:26 PM lawschool.westlaw.com - The most comprehensive Web site for law school students and faculty 10. How did the Court respond to the state’s diversity claim in VMI? 11. How did the Court address the argument about ‘average’ capacities of men and women? 12. What was the educational approach used at Mary Baldwin College? VMI? 13. Identify four differences between Mary Baldwin College and VMI beyond the educational approach. 14. How did the Court address Texas in the VMI decision? 15. What is the VMI situation twenty years later? 16. Has single sex education increased or decreased since VMI? 17. What do Grossman and Hayden contend is the reason for disputes over bathroom access and school rules about gender-based prom and graduation apparel? 18. What is the current trend in federal courts regarding transgender bathroom access? 19. What was the public charter school policy challenged in Peltier? 20. How did the school’s founder explain the reason for the policy? 21. What tangible and intangible harms did the plaintiffs invoke? 22. What level of scrutiny did the en banc court apply? 23. What defense did the school advance? 24. How did the court rule on the Equal Protection Clause claim? https://lawschool.westlaw.com/DocForums/PostingPrintDisplay.aspx 22/36 12/1/24, 12:26 PM lawschool.westlaw.com - The most comprehensive Web site for law school students and faculty 25. Did the court respond the same way to the Title IX claim? worksheet 14 Posting created by bonita roberts on Saturday, October 28, 2023 at 10:33 PM Attachment HTML: JURISPRUDENCE WORKSHEET #14 1. According to the textbook authors, what is the threshold issue regarding school sports? 2. Do Title IX regulations permit sex segregated teams? In what circumstances? 3. How does Title IX define contact sports? 4. Does Title IX permit females to try out for male contact sports? 5. How does Title IX treat males wishing to try out for sports not offered to them? 6. Does the Equal Protection Clause or Title IX guarantee an exceptional female athlete the right to play on a male team to enhance her skills? 7. Does Coleman support replacing sex with identity cause harm for women in sports? 8. In Coleman’s view, what harm to female sports would result from treating trans females the same? 9. How does Buzuvis et.al., explain “stereotype threat” and its potential harm? 10. Does her article support transgender female inclusion on female teams? Why? https://lawschool.westlaw.com/DocForums/PostingPrintDisplay.aspx 23/36 12/1/24, 12:26 PM lawschool.westlaw.com - The most comprehensive Web site for law school students and faculty 11. What percentage of high school students identifies as trans? 12. What was the legal source of the athletes’ complaint against Brown University? 13. Explain the cuts to male/female sports behind the Brown litigation. 14. What was the percentage disparity between female participation in intercollegiate athletics and female enrollment at Brown? 15. What was the plaintiffs’ argument about the apparently even-handed demotions? 16. Did Brown meet prong one of the three-part test established in the policy interpretation? 17. Did Brown meet prong two regarding a history and continuing expansion of opportunities for the underrepresented gender? 18. How did the court respond to Brown’s argument that it met prong three of the test, i.e., that the underrepresented gender’s interests had been accommodated? 19. What was the court’s response to Brown’s claim that Title IX amounts to an affirmative action statute? 20. What teams in Biediger did the university eliminate? 21. What element of the three-part test did the university defend? 22. How were female cross-country runners treated differently from male cross-country runners? 23. Do women’s collegiate sports receive equal funding? 24. Identify the problem with Title IX enforcement. 25.Do women in professional sports generally enjoy equal status? https://lawschool.westlaw.com/DocForums/PostingPrintDisplay.aspx 24/36 12/1/24, 12:26 PM lawschool.westlaw.com - The most comprehensive Web site for law school students and faculty worksheet 15 Posting created by bonita roberts on Monday, October 23, 2023 at 2:46 PM Attachment HTML: JURISPRUDENCE WORKSHEET #15 1. Which section of DOMA was at issue in Windsor? 2 What provision of the Constitution was at issue in Windsor? 3. What conclusion does the Windsor decision reach about the motive for DOMA’s enactment? 4. The Windsor majority opinion excerpt’s last paragraph references what specific legal phrase to hold the statute invalid? 5. What four principles and traditions does the Obergefell majority opinion identify to demonstrate that marriage as a fundamental right applies to same sex couples? 6. What examples does the Court provide of the rights, benefits, and responsibilities of marriage? 7. What is the disputed state provision in Pavan? 8. How did the majority respond to the state’s argument that the disputed law is simply a device to record the biological connection of the parents to the child? https://lawschool.westlaw.com/DocForums/PostingPrintDisplay.aspx 25/36 12/1/24, 12:26 PM lawschool.westlaw.com - The most comprehensive Web site for law school students and faculty review problem in class 11/4 Posting created by bonita roberts on Monday, November 4, 2024 at 2:28 PM Attachment HTML: Jurisprudence Problem Peter has worked for a Michigan Catholic church for over thirty years as a music director and is very popular with the people in the parish. His duties involve playing the piano, directing the choir, and selecting music for all masses and other religious events. As he nears retirement, he was shocked to learn that he has been discharged. An anonymous letter to the diocese revealed that Peter married in Nevada four years ago to another man. When confronted with the letter’s contents, Peter confirmed his marriage. The diocese indicated that his marriage was the reason for his discharge. The members of the parish have picketed on his behalf, and the choir has refused to sing at masses. Does Peter have a cause of action against the employer for his discharge? Sample Question Substantive Equality Posting created by bonita roberts on Wednesday, October 28, 2020 at 5:11 PM Attachment HTML: FACTS Puskatawny College (“PC”) is a private school, founded 100 years ago for women only. Two decades ago, PC merged with a nearby men’s school and changed its name to Puskatawny University (“PU”). PU currently enrolls nearly 4,000 students and has a faculty of 350. In 1990 the nursing school hired two faculty members on the same day. Both had excellent credentials, achieving promotions and tenure at the same time. In the past few years, however, enrollment at PU declined to the point that faculty layoffs were necessary. Because the two professors in nursing were the most junior members in the school, one of them was to be laid off. Unable to make a decision, the department chair consulted university officials for advice. In turn, those officials remembered the university’s affirmative action plan, implemented fifteen years ago to diversify the faculty in an effort to provide role models for students. Among the terms in the affirmative action plan was a provision stipulating that in the event of layoffs, a department could retain a professor who offered the department diversity when that professor had the same seniority and academic record as that of others under consideration for layoff. Because one of the two nursing professors was the only male in the department, the university officials elected to layoff the female professor. You have been hired recently as PU’s in-house counsel. The university president wishes to know whether the laid off female professor can successfully challenge the university’s affirmative action plan. Explain below the applicable burden of proof allocations and analyze, to the extent possible, the professor’s likelihood of success. If the information above is incomplete, identify what additional material would be helpful. https://lawschool.westlaw.com/DocForums/PostingPrintDisplay.aspx 26/36 12/1/24, 12:26 PM lawschool.westlaw.com - The most comprehensive Web site for law school students and faculty Worksheet 16 Posting created by bonita roberts on Wednesday, October 25, 2023 at 4:26 AM Attachment HTML: Jurisprudence Worksheet No. 16 1. Non-subordination theory shifts the focus of attention from gender-based difference to what concept? 2. According to John Stuart Mill, what three things coalesce to make women focus on being attractive to men? 3. What does Catherine Mackinnon perceive as the problem with the ‘gender neutrality’ concept? 4. According to Dowd, what are the two most common pieces that define masculinity? 5. Is masculinity about the relation to women or other men? 6. Based on the statistics described on p.441, what percentage of sexual harassment charges end in litigation? 7. Does Schultz characterize sexual harassment as motivated primarily by sexual desire? 8. How does Franke characterize policing gender norms beyond women? https://lawschool.westlaw.com/DocForums/PostingPrintDisplay.aspx 27/36 12/1/24, 12:26 PM lawschool.westlaw.com - The most comprehensive Web site for law school students and faculty 9. What are the two categories of Title VII sexual harassment? 10. In Vinson, how does the Supreme Court respond to the claim the sexual harassment must involve “tangible loss”? 11. Is “voluntariness” a defense to sexual harassment? 12. Is evidence of provocative speech or attire relevant to determine whether sexual advances are welcome? 13. Did the Harris trial court use the “reasonable woman” or the “reasonable person” standard and what was its holding? What standard did the U.S. Supreme Court use and what was its holding? 14. According to Harris, how can a court determine whether a work environment is “hostile” for Title VII purposes?. https://lawschool.westlaw.com/DocForums/PostingPrintDisplay.aspx 28/36 12/1/24, 12:26 PM lawschool.westlaw.com - The most comprehensive Web site for law school students and faculty worksheet 17 Posting created by bonita roberts on Tuesday, November 7, 2023 at 8:05 PM Attachment HTML: JURISPRUDENCE WORKSHEET #17 1. What was the issue addressed by the Supreme Court in Oncale? 2. Did Oncale complain or report the behavior? If so, what was the response? 3. Who prevailed at the district and circuit courts? 4. What was the Supreme Court’s holding? 5. Did the Court use any other Title VII class as an analogy? 6. What three examples does the Oncale opinion provide of same sex harassment? 7. According to the Fifth Circuit decision in Boh Bros., are the three examples the exclusive paths to success in a Title VII same sex harassment suit? 8. To determine whether there is sufficient evidence to support a finding of harassment because of sex, the Fifth Circuit focuses on whose perception? 9. How did the Boh Bros. majority characterize the deficiencies in the company’s institutional policies? 10. How did the company treat the complaining employee? 11. What is the two-pronged affirmative defense for employers whose supervisors have been accused of creating a hostile environment? 12. In Nichols, what specific allegation of harassment did the plaintiff contend against his coworkers and supervisor? 13. What Supreme Court decision other than Oncale did he invoke to support that claim? Was it successful? https://lawschool.westlaw.com/DocForums/PostingPrintDisplay.aspx 29/36 12/1/24, 12:26 PM lawschool.westlaw.com - The most comprehensive Web site for law school students and faculty Title VII hostile environment BOP co-worker BOP Posting created by bonita roberts on Wednesday, October 25, 2017 at 11:48 AM Attachment HTML: Title VII Co-worker Hostile Environment Burden of Proof Allocations I. Prima facie case: II. Defendant’s burden: III. Plaintiff’s burden: Title VII sexual harassment supervisor BOP Posting created by bonita roberts on Wednesday, October 25, 2017 at 11:47 AM Attachment HTML: Title VII hostile environment – supervisor – burden of proof allocation: I. Prima facie case: II. Affirmative defenses: Worksheet 18 Posting created by bonita roberts on Tuesday, November 7, 2023 at 1:42 PM Attachment HTML: Jurisprudence Worksheet No. 18 https://lawschool.westlaw.com/DocForums/PostingPrintDisplay.aspx 30/36 12/1/24, 12:26 PM lawschool.westlaw.com - The most comprehensive Web site for law school students and faculty 1. Title IX applies to public and private educational institutions under what circumstances? 2. What is necessary to establish a Title IX student/teacher sexual harassment claim? 3. To what authority in Davis did the plaintiff’s mother report the misconduct directed toward her daughter? 4. What action did the Monroe County Board take regarding the misconduct? 5. For a school to be liable for its own conduct in the context of student peer harassment, under what two circumstances must the harassment occur? 6. What is the standard for assessing sexual harassment established in Davis? 7. Identify the Hurley plaintiffs’ causes of action: 8. Of those claims, which failed and why? 9. Why did the Hurley court rule against the university on the issue of substantial control of the harasser and context? 10. What was the court’s reasoning about deliberate indifference? 11. Were the university’s concerns a sufficient defense? 12. What four key issues dominate most sexual harassment school cases? 13. In Edgewood, who was accused of sexually harassing the high school student? What was their fate? 14. Did the Fifth Circuit apply the Gebser standard? 15. How did the court rule on the school’s claim that the police officer was not an “appropriate person” for Title IX’s “notice/knowledge” requirement? https://lawschool.westlaw.com/DocForums/PostingPrintDisplay.aspx 31/36 12/1/24, 12:26 PM lawschool.westlaw.com - The most comprehensive Web site for law school students and faculty 16. What was the EISD response to the argument that an earlier incident involving the teacher provided the principal with actual notice? 17. Did the Union College plaintiff claim that her assailant was another student or a college employee? 18. Where did the assault occur? 19. How soon after the assault and to whom did the plaintiff report the incident? 20. What was the response? 21. How much time passed before the plaintiff and mother meet with the Title IX coordinator? 22. Then what happened? 23. Did the court apply the Gebser or Davis standard? 24. How did the court respond to the student’s gender discrimination complaint? 25. What specific examples did the court indicate in favor of the plaintiff’s deliberate indifference claim? 26. Did the court respond favorably to the student’s allegation that the college policy amounted to deliberate indifference? Why? Title VII sexual harassment problem Posting created by bonita roberts on Monday, November 15, 2021 at 10:34 AM Attachment HTML: PROBLEM Ann Onimous served as a secretary to Walter Smitty, judge of the Sixth Judicial District in Bacon County. Apart from ordinary secretarial chores, Ann’s job required her to attend court, handle docket https://lawschool.westlaw.com/DocForums/PostingPrintDisplay.aspx 32/36 12/1/24, 12:26 PM lawschool.westlaw.com - The most comprehensive Web site for law school students and faculty entries, and set court dates. When she began her employment, she enjoyed a good working relationship with the judge, but then in July, Judge Smitty started asking frequent questions about Ann’s relationship with her husband. When Ann informed the judge that she was divorcing her husband, Smitty urged her not to become sexually promiscuous and offered to buy her a vibrator so she would not “mess around”. Ann turned red and informed Judge Smitty that she did not like to discuss such topics and left the room. Thereafter, the judge started telling Ann on a daily basis that she was beautiful, saying this approximately 50-100 times between July and the end of October. He also called her a “blonde Sofia Vergara” and a golden goddess. During the same time frame he told Ann he did not like other attorneys speaking to her because she’s a very beautiful woman, and on one occasion noted that she wore a thin bra that revealed her nipples. Ann believed she was professionally dressed, but was so embarrassed that she went home and changed. Also during the same time frame Judge Smitty called her into his office and berated her because he believed her to be involved with an attorney who frequented the courthouse. When Ann questioned the judge’s interest in her private affairs, he responded that he could not stand the thought of her with another man. He elaborated that he had been drinking over the weekend and that he was dealing with his feelings for her, which he acknowledged as inappropriate for a married man. Nevertheless, a short time later he grabbed her face while she was in his office and told her that if he ever learned that she was involved with someone, he would kill her. Judge Smitty told another judge he would like her to sit on his face. He monitored Ann’s movements when she left the courthouse and flew his private plane over her mother’s house while she visited the farm. In October, Ann spoke to the presiding judge’s administrative assistant about her problems with Judge Smitty and asked for help. The administrative assistant did not advise her what to do or inform Ann that she would investigate the complaints. Ultimately, Ann herself called the presiding judge to explain the situation. He told Ann to take a few days leave and, when she returned, report to another judge. After a week with the other judge, that judge’s secretary objected to her transfer to Judge Smitty, so the presiding judge told Ann that he would transfer her to a third judge, who would make her first six months “hell,” but that things would settle down. During the conversation, the presiding judge told Ann it was really in her best interest to resign because “he had a judge to protect, and the only way to do that was relocate her.” After this discussion, with Judge Smitty continuing to monitor her movements and express interest in her, Ann resigned. Ann seeks your advice as to whether she has a cause of action under Title VII. Identify any such claim and explain the burden of proof allocation for Ann and the defending employer, as well as arguments for both sides. Worksheet 19 Posting created by bonita roberts on Friday, July 24, 2020 at 10:18 AM Attachment HTML: JURISPRUDENCE WORKSHEET No. 19 1. “Different voice” theory emphasizes revaluing characteristics historically associated with women. How does this approach differ from substantive equality? https://lawschool.westlaw.com/DocForums/PostingPrintDisplay.aspx 33/36 12/1/24, 12:26 PM lawschool.westlaw.com - The most comprehensive Web site for law school students and faculty 2. Why do some commentators view “different voice” theory with suspicion? 3. How do Jake and Amy respond to the “Heinz” dilemma? 4. How does West characterize human beings within “relational feminism”? 5. How would Bender convert present tort law’s basic standard? 6. Explain how a duty to act with care would function: 7. What does Posner see as the effect of such an approach on tort law? 8. How does Browne view the glass ceiling/gender gap? 9. According to George Gilder, how does marriage benefit men? 10. Does the majority or dissenting opinion from In re Lamb represent an ethic of care approach? 11. Is the dissent correct that the majority gave insufficient consideration to Laura Beth Lamb’s mitigating circumstances? https://lawschool.westlaw.com/DocForums/PostingPrintDisplay.aspx 34/36 12/1/24, 12:26 PM lawschool.westlaw.com - The most comprehensive Web site for law school students and faculty exam information Posting created by bonita roberts on Monday, November 25, 2024 at 7:16 AM Attachment HTML: https://lawschool.westlaw.com/DocForums/PostingPrintDisplay.aspx 35/36 12/1/24, 12:26 PM lawschool.westlaw.com - The most comprehensive Web site for law school students and faculty EXAM INSTRUCTIONS 1. The exam will open in TWEN course materials at 1 p.m. Thursday, December 12 and close at 1 p.m. the next day, Friday, December 13. The exam should take three hours, though you will have twenty- four hours to submit your answers via the Canvas Secure, as directed by the instructions sent to you from Yvonne Olfers. Your answers will be time-stamped with appropriate penalties for late papers. 2. Be sure to observe all formatting requirements as described on the exam’s first page; do not quote any material from any source. Failure to follow this and any other rule will affect your grade. Be sure to include the first page of the exam with your answers and sign the pledge at the bottom of the page with your exam number. 3. Avoid using case names and feel free to avoid Roman numerals if unfamiliar with them, e.g., Title 9 instead of Title ix or IX. 4. Answer the question asked and avoid describing all burden of proof allocations when the questions seek the relevant provision instead. 5. If you have Canvas queries, please consult Yvonne Olfers; if you have problems accessing the exam questions posted in Course Materials on TWEN during the times stipulated above, please reach out via the TWEN course email to Mike Martinez, the Law Library Director, who serves as co- administrator of the TWEN course. For problems with your electronic equipment, contact University IT without delay. In no event should you consult your professor for any of these problems and lose your confidentiality. 6. There are three questions, each worth fifty points on the exam. Please respond in memorandum or essay format with the appropriate formatting described on the exam’s first page. Read the questions carefully because there may be more than one part to a question. 7. The deadline for email questions about the exam is 1 p.m., Wednesday, December 11. Be sure to ask specific rather than general questions. 8. Allow time to proofread your answers before final submission and be sure to correct any grammar mistakes. 9. Good luck on all of your final exams, and enjoy the holiday season! Grades will be posted after the January deadline for all courses. HTML Translation provided by Oracle's Outside In ® HTML Export software. https://lawschool.westlaw.com/DocForums/PostingPrintDisplay.aspx 36/36