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This Article examines segregation and affirmative action in a different context-that of gender. Title IX of the Education Amendments of 1972 ("Title IX") l° prohibits discrimination on the basis of gender in education programs or activities that receive federal financial assistance. The regulations implementing Title IX, however, explicitly permit recipients of federal funding to offer single-sex schools, classes, and extracurricular activities. The regulations also permit recipients to "take affirmative action to overcome the effects of conditions which resulted in limited participation therein by persons of a particular sex.” This Article discusses whether and to what extent the affirmative action provision of Title IX permits recipients of federal financial assistance to offer single-sex educational programs. It addresses primarily two questions: If, as the Court declared in Brown, "in the field of public education the doctrine of 'separate but equal' has no place," is it nonetheless permissible under Title IX to segregate students on the basis of gender for affirmative action purposes? If so, what requirements may guide institutions, legal practitioners, and the courts in determining whether such single-sex programs are established in a manner consistent with existing law?

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Cornell Journal of Law and Public Policy



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Law and Race Commons



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