Males Need Not Apply: Assessing the Legality of American University Business Law Review's All-Female Issue

13 Pages Posted: 11 May 2021 Last revised: 25 May 2021

See all articles by Michael Conklin

Michael Conklin

Angelo State University - Business Law

Date Written: May 1, 2021

Abstract

In a recent call for papers, the American University Business Law Review (“AUBLR”) touted its all-female editorial boards from past volumes and the all-female editorial board for the upcoming volume 10. Furthermore, it explicitly stated that the upcoming volume will contain another issue comprising exclusively “female-written” articles.

This Article discusses the potential legal issues involved in such a sex-based exclusionary practice. These issues include comparisons to affirmative action jurisprudence, conflict with the university’s stated anti-discrimination policy, difficulty of proving standing to bring suit, and whether Title IX protections apply to law reviews. Practices such as AUBLR’s female-only issue are highly relevant in the current climate, as President Trump’s Department of Education has demonstrated a willingness to scrutinize similar policies that were previously well established as acceptable. This Article concludes by analyzing the pragmatism and potential unintended consequences of AUBLR’s policy.

Suggested Citation

Conklin, Michael, Males Need Not Apply: Assessing the Legality of American University Business Law Review's All-Female Issue (May 1, 2021). Touro Law Review, Vol. 36, No. 4, 2021, Available at SSRN: https://ssrn.com/abstract=3841091

Michael Conklin (Contact Author)

Angelo State University - Business Law ( email )

United States

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