Wayne State University
Kingsley R. Browne
Kingsley R. Browne
Professor of Law
Room 3229
(313) 577-0476

Education

B.A., George Washington University
M.A., University of Colorado
J.D., University of Denver

Biography

Prior to joining Wayne State's faculty in 1989, Professor Browne was a partner in the San Francisco-based law firm of Morrison & Foerster, where he specialized in labor and employment law. Following law school at the University of Denver, where he graduated first in his class and was an editor of the law review, he clerked for Justice Luis Rovira of the Supreme Court of Colorado and then for Justice Byron White of the Supreme Court of the United States.

Professor Browne's publications have dealt primarily with various aspects of employment discrimination law and with the legal implications of evolved differences between the sexes. His most recent book is Co-ed Combat: The New Evidence that Women Shouldn't Fight the Nation's Wars (Sentinel, 2007). His previous book, Biology at Work: Rethinking Sexual Equality (Rutgers University Press, 2002), was named one of the "Outstanding Academic Titles of 2002" by Choice Magazine.

Courses Taught

Employment Discrimination
Employment Law
Biology and Behavior Seminar
Torts

Books

Co-ed Combat: The New Evidence that Women Shouldnít Fight the Nationís Wars
Co-ed Combat: The New Evidence that Women Shouldnít Fight the Nationís Wars (Sentinel (Penguin USA)) November 2007

American military women are increasingly exposed to combat risks, and opposition to Pentagon policy barring women from ground-combat specialties is becoming louder. Co-ed Combat examines assumptions underlying arguments for sexual integration of combat units in light of physical and psychological differences between the sexes. Differences in the functioning of all-male and mixed-sex groups Ė coupled with these physical and psychological sex differences Ė suggest that inclusion of women in combat units will lead to a weaker military.

Biology at Work: Rethinking Sexual Equality
Biology at Work: Rethinking Sexual Equality (Rutgers University Press) June 2002 The Rutgers Series in Human Evolution

Does biology help explain why women, on average, earn less money than men? Is there any evolutionary basis for the scarcity of female CEOs in Fortune 500 companies? According to Kingsley Browne, the answer may be yes. Biology at Work brings an evolutionary perspective to bear on issues of women in the workplace: the "glass ceiling," the "gender gap" in pay, sexual harassment, and occupational segregation. Winner of WSU Board of Governors Faculty Recognition Award for 2002/03.

Selected Publications

The Evolutionary Psychology of Sexual Harassment (in press), in Todd K. Shackleford & Joshua Duntley (eds.), Evolutionary Forensic Psychology, pp. 81-100, Oxford University Press (August 2008)

Percent Solutions and Diversity in University Admissions (in press), to appear in Gail Heriot (ed.), California Dreaming: Proposition 209 and the Principle of Non-Discrimination in Action (Institute of Governmental Studies) (2008)

Military Sex Scandals from Tailhook to the Present: The Cure Can Be Worse than the Disease, DUKE JOURNAL OF GENDER LAW & POLICY, 14:749-789 (2007)

Sex, Power, and Dominance: The Evolutionary Psychology of Sexual Harassment, MANAGERIAL AND DECISION ECONOMICS, 27:145158 (2006)

Evolved Sex Differences and Occupational Segregation, JOURNAL OF ORGANIZATIONAL BEHAVIOR, 27:143-162 (2006)

Women in Science: Biological Factors Should Not Be Ignored, CARDOZO WOMENS LAW JOURNAL, 11(3):509-528 (2005)

Book Review, Eugene R. Fidell and Dwight H. Sullivan (eds.), Evolving Military Justice, ARMED FORCES & SOCIETY: AN INTERDISCIPLINARY JOURNAL, 30:690-693 (2004)

The Silenced Workplace: Employer Censorship Under Title VII, in Catharine MacKinnon & Reva Siegel (eds.), DIRECTIONS IN SEXUAL HARASSMENT LAW, pp. 399-416, Yale University Press (2004)

Women in the Workplace: Evolutionary Perspectives and Public Policy, in Charles Crawford & Catherine Salmon (eds.), EVOLUTIONARY PSYCHOLOGY, PUBLIC POLICY AND PERSONAL DECISIONS, pp. 275-292,  Lawrence Erlbaum Associates (2004)

The Use of Race Neutral Entrance Criteria to Achieve Racial Diversity in University Admissions, ACADEMIC QUESTIONS, 15(1): 19-32 (2002)

Yitzhak Fried, Ariel S. Levi, Steven W. Billings, & Kingsley R. Browne, The Relation Between Political Ideology and Attitudes Toward Affirmative Action among African-Americans: The Moderating Effect of Racial Discrimination in the Workplace, HUMAN RELATIONS, 54:561-584 (2001)

Zero Tolerance for the First Amendment: Title VIIs Regulation of Employee Speech, OHIO NORTHERN UNIVERSITY LAW REVIEW, 27:563-605 (2001)

Women at War: An Evolutionary Perspective, BUFFALO LAW REVIEW, 49: 51-247 (2001)

Law, Biology, Sex, and Politics, in LAWRENCE A. FROLIK (ED.), LAW & EVOLUTIONARY BIOLOGY: SELECTED ESSAYS IN HONOR OF MARGARET GRUTER ON HER 80TH BIRTHDAY, pp. 73-86, Gruter Institute (2000)

Commentary: The Relevance of Sex Differences in Risk-Taking to the Military and the Workplace, BEHAVIORAL AND BRAIN SCIENCES, 22:218-219 (1999) (short commentary on article by Anne Campbell)

The Use and Abuse of Statistical Evidence in Discrimination Cases, in Titia Loenen & Peter R. Rodrigues (eds.), NON-DISCRIMINATION LAW: COMPARATIVE PERSPECTIVES, pp. 411-423, Kluwer: The Hague (1999)

Divided Labours: An Evolutionary View of Women at Work (1998), part of the Darwinism Today series, Weidenfeld & Nicolson, London (U.S. edition published by Yale University Press, 1999) (Helena Cronin & Oliver Curry, series editors) (translated into Hebrew, Japanese, Korean, Portuguese, and Spanish)

The Evolutionary Psychology of Sexual Harassment (in press), to appear in Todd K. Shackelford & Joshua Duntley (eds.), EVOLUTIONARY FORENSIC PSYCHOLOGY, Oxford University Press

An Evolutionary Account of Womens Workplace Status, MANAGERIAL & DECISION ECONOMICS, 19:427-440 (1998)

The Strangely Persistent Transposition Fallacy: Why Statistically Significant Evidence of Discrimination May Not Be Significant, LABOR LAWYER, 14:437-455 (1998)

The X-Percent Solution: Race Neutral Affirmative Action in University Admissions, in Gail Heriot (ed.), CALIFORNIA DREAMING: PROPOSITION 209 AND THE PRINCIPLE OF NON-DISCRIMINATION IN ACTION, Institute of Governmental Studies, Berkeley (in press)

An Evolutionary Approach to Sexual Harassment: Seeking Roots in Biology Rather than Ideology, JOURNAL OF CONTEMPORARY LEGAL ISSUES, 8: 5-77 (1997)

Non-remedial Justifications for Affirmative Action in Employment: A Critique of the Justice Department Position, LABOR LAWYER, 12:451-473 (1997)

Affirmative Action: A Rose by Any Other Name, OHIO NORTHERN UNIVERSITY LAW REVIEW, 22:1125-1157 (1996) (reprint of testimony before House Committee on

Economic and Educational Opportunities, Subcommittee on Employer-Employee Relations, with introduction)

Sex and Temperament in Modern Society: A Darwinian View of the Glass Ceiling and the Gender Gap in Compensation, ARIZONA LAW REVIEW, 37:971-1106 (1995)

Workplace Censorship, RUTGERS LAW REVIEW, 47:579-594 (1995)

Statistical Proof of Discrimination: Beyond Damned Lies, WASHINGTON LAW REVIEW, 68:477-558 (1993)

The Civil Rights Act of 1991: A Quota Bill, a Codification of Griggs, a Partial Return to Wards Cove, or All of the Above?, CASE WESTERN RESERVE LAW REVIEW, 43:287-400 (1993)

Foreword: Racist Speech on Campus, WAYNE LAW REVIEW, 37:1309-1311 (1991)

Title VII as Censorship: Hostile Environment Harassment and the First Amendment, OHIO STATE  LAW JOURNAL, 52:481-550 (1991)

Comparable Worth: An Impermissible Form of Affirmative Action?, LOYOLA OF LOS ANGELES LAW REVIEW, 22:717-759 (1989)

Raymond L. Wheeler & Kingsley R. Browne, Federal Preemption of State Wrongful Discharge Actions, INDUSTRIAL RELATIONS LAW JOURNAL, 8:1-45 (1986)

Raymond L. Wheeler & Kingsley R. Browne, Preemption of Wrongful Discharge Claims of Employees Covered by Collective Bargaining Agreements, LABOR LAWYER, 1:593-616 (1985)

Biology, Equality, and the Law: The Legal Significance of Biological Sex Differences, SOUTHWESTERN LAW JOURNAL, 38:617-702 (1984)

Liberty vs. Equality: Congressional Enforcement Power Under the Fourteenth Amendment, DENVER LAW JOURNAL, 59:417-458 (1982)

Community Communications Corporation v. City of Boulder, DENVER LAW JOURNAL, 59:399-406 (1982) (Case Comment)

Tenth Circuit Survey: Constitutional Law and Civil Rights, DENVER LAW JOURNAL, 59:239-269 (1982)

Rhode Island v. Innis:  Offhand Comments or Interrogation?, DENVER LAW JOURNAL, 58:637-651 (1981) (Case Comment)
 

In The News

June 19, 2013
Kingsley R. Browne  was quoted in a Christian Post article titled "Pat Robertson says Marine training was easy for him 'But I'm not a lady'."

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January 23, 2013
Kingsley R. Browne  was quoted in a Forbes article titled "Will allowing women in combat roles revolutionize military leadership?"

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