Kingsley R. Browne

Kingsley R. Browne

Professor of Law

Kingsley R. Browne

  • Biography

    Prior to joining Wayne State's faculty in 1989, Kingsley 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.

    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.

  • Degrees and Certifications

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

  • Courses Taught

    Employment Discrimination
    Employment Law

  • Selected publications

    No Bayesian Solution to the Transposition Fallacy: More Reason to Be Skeptical of Statistical Proof of Discrimination, HOFSTRA LABOR & EMPLOYMENT LAW JOURNAL, 35:291-316 (2019)

    The Quixotic Quest for “Gender Equality” in the Workplace, UNIVERSITY OF TOLEDO LAW REVIEW, 49:685-714 (2018)

    Pernicious p-Values: Statistical Proof of Not Very Much, UNIVERSITY OF DAYTON LAW REVIEW, 42:113-163 (2017)

    Title VII and Diversity, NEVADA LAW JOURNAL, 14:806-830 (2014)

    Mind Which Gap? The Selective Concern over Statistical Sex Disparities, FLORIDA INTERNATIONAL UNIVERSITY LAW REVIEW, 8:271-285 (2013)

    Biological Sex Differences in the Workplace: Reports of the End of Men Are Greatly Exaggerated (As Are Claims of Women’s Continued Inequality), BOSTON UNIVERSITY LAW REVIEW, 93:769-794 (2013)

    The Report of the Military Leadership Diversity Commission: An Inadequate Basis for Lifting the Exclusion of Women from Direct Ground Combat (2012) (analysis of report of MLDC submitted to Department of Defense), available here.

    Band of Brothers or Band of Siblings? An Evolutionary Perspective on Sexual Integration of Combat Forces, in Todd K. Shackelford & Viviana Weekes-Shackelford (eds.), OXFORD HANDBOOK OF EVOLUTIONARY PERSPECTIVES ON VIOLENCE, HOMICIDE, AND WAR, pp. 372-392 (part of the Oxford Library of Psychology series), Oxford University Press (2012)

    Sex Differences in the Workplace and the Military, in Yan-jie Su & X. T. Wang (eds.), THUS SPAKE EVOLUTIONARY PSYCHOLOGISTS, Peking University Press (2011)

    Evolutionary Psychology and Sex Differences in the Workplace, in Gad Saad (ed.), EVOLUTIONARY PSYCHOLOGY IN THE BUSINESS SCIENCES, pp. 71-94, Springer (2011)

    Sex Differences in Aggression: Origins and Implications for Sexual Integration of Combat Forces,  BEHAVIORAL AND BRAIN SCIENCES, 32:270-271 (2009)

    The Evolutionary Psychology of Sexual Harassment, in Joshua Duntley & Todd K. Shackelford (eds.), EVOLUTIONARY FORENSIC PSYCHOLOGY, pp. 81-100, Oxford University Press (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, 27:145-158 (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 WOMEN'S 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 VII's 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 Women's 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)

  • Social Science Research Network
  • Books

    Divided Labours: An Evolutionary View of Women at Work (Darwinism Today series) (Yale University Press) October 1999 

    Edited by Helena Cronin and Oliver Curry

    The "glass ceiling" metaphor describes an invisible barrier that prevents women from reaching the top levels of management. It assumes that the causes for this are within the organization and unrelated to inherent sex differences, says Kingsley Browne in this intriguing analysis of the differences between men and women in the workplace. Discussions of the "gender gap" in earnings also assume that the sexes are identical and that the gap is due to employer oppression of women. But sex discrimination alone cannot account for these disparities, Browne contends. He proposes an alternative view: much of the responsibility for differences in men’s and women’s earnings and status lies with evolved differences between the sexes.

    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.

    Co-ed Combat: The New Evidence that Women Shouldn't Fight the Nation's 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 – coupled with these physical and psychological sex differences – suggest that inclusion of women in combat units will lead to a weaker military.

  • Accomplishments
    • Kingsley Browne wrote “The Quixotic Quest for ‘Gender Equality’” for the University of Toledo Law Review. The article expresses doubt that victory in the war for gender equality will ever be declared, both because the sexes are unlikely ever to sort themselves out in the same way and because an entrenched narrative of female victimhood requires continued perceptions of inequality.
  • Courses taught by Kingsley R. Browne