Thursday, May 20, 2021
Michael Conklin (Angelo State; Google Scholar), Males Need Not Apply: Assessing the Legality of American University Business Law Review's All-Female Issue, 36 Touro L. Rev. 65 (2021):
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.