What Factors Led to the Success of the Historic 1970 Sex Discrimination Complaint
Filed against the University of Michigan?

Endnotes

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Introduction

1. Sue Rasmussen, audiotape of interview by Eric A. Stein, 3 July 2001, for "Women's Activism Against Sex Discrimination: The 1970 HEW Investigation of the University of Michigan," 24 January 2002, Institute for Research on Women and Gender, Bentley Historical Library, University of Michigan, Ann Arbor, Michigan.
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2. See, for example, Max Frankel, "Johnson Signs Order to Protect Women in U.S. Jobs From Bias," The New York Times, 14 October 1967, p. 11, and Dorothy McCardle, "LBJ Acts to Promote Women Workers," The Washington Post, 15 October 1967, p. D5.
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3. Sandler acknowledged that it was only after Macaluso retired from the federal government that she was able to identify him by name. See "Vincent Macaluso, A Hero of Title IX, Receives VFA's Medal of Honor," Veteran Feminists of America, 2009 Archive, http://www.vfa.us/VFA2009%20BackPages.htm#VINCENT%20MACALUSO,%20A%20HERO%20OF%20TITL (accessed 18 October 2012).
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4. Bernice Sandler, transcript of interview by Eric A. Stein, 17 July 2001, for "Women's Activism Against Sex Discrimination: The 1970 HEW Investigation of the University of Michigan," January 24, 2002, Institute for Research on Women and Gender, Bentley Historical Library, University of Michigan, Ann Arbor, Michigan.
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5. Bernice Sandler, interview by author, 23 May 2011, Washington, D.C.
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6. Sandler interview by author.
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7. Jean L. King interview by author, 16 November 2010, Ann Arbor, Michigan.
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8. "U-M Law Senior Wins $500 Trial Lawyers Award, Detroit Legal News, 13 May 1968, Jean King Papers, Box 1, Biographical Clippings Folder, Bentley Historical Library, University of Michigan, Ann Arbor, Michigan. This national award was given to a senior graduating from the law school that that year's president of the American Trial Lawyers Association had attended--in this case, the University of Michigan.
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9. Jean King, transcript of interview by Eric A. Stein, 9 June 2001, for "Women's Activism Against Sex Discrimination: The 1970 HEW Investigation of the University of Michigan," 24 January 2002, U-M Institute for Research on Women and Gender, Bentley Historical Library, University of Michigan, Ann Arbor, Michigan..
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10. The previous October, Carswell had voted against rehearing a case, Phillips v. Martin-Marietta, that had upheld the right of the company to deny a woman a job because she had preschool-aged children.
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11. King interview by author.
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12. King interview by Stein.
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13. Fran Stair, "Traditional Attitudes About Women Challenged by Groups," Ann Arbor News, 1 March 1970, p. 13. When Jean King was later asked to name the members of FOCUS, she did not mention Dabbs, who was younger than she was.
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14. Elizabeth Douvan, audiotape of interview by Eric A. Stein, 23 May 2001, for "Women's Activism Against Sex Discrimination: The 1970 HEW Investigation of the University of Michigan," 24 January 2002, U-M Institute for Research on Women and Gender, Bentley Historical Library, University of Michigan, Ann Arbor, Michigan.
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15. King interview by Stein.
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16. Kathleen Shortridge, email to author, 29 August 2012.
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17. Douvan interview by Stein.
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18. Sandler interview by author.
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19. Sandler interview by Stein.
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20. Detroit Free Press, " 'We'll Try to Do Better;' U-M Answer to Charges," 4 June 1970 newspaper clipping, Jean King Papers, Box 3, UM-Disc Folder, Bentley Historical Library, University of Michigan, Ann Arbor, Michigan.
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21. HEW was later divided into the Health and Human Services Department and the Education Department.
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22. Bernice Sandler, "A Little Help from Our Government: WEAL and Contract Compliance," in Academic Women on the Move, Alice S. Rossi and Ann Calderwood, eds., (New York: Russell Sage Foundation, 1973), p. 443.
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23. Jean L. King to Ms. Carol Hollenshead and Ms. Virginia Nordby, 12 March 1994, Jean King Papers, Box 3, Report re U-M Sex Discrimination Complaint, 1970-71 and 1994 Folder, Bentley Historical Library, University of Michigan, Ann Arbor, Michigan.
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24. HEW delayed the awarding of contracts at Harvard for two weeks, but the issue involved was Harvard's initial refusal to provide investigators with access to its personnel files.
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25. Helen Fogel, "Sex Bias Charges Lack Specifics, Says HEW," Detroit Free Press, 19 August 1970, 2-D.
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26. King to Hollenshead and Nordby.
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27. The investigator, Don Scott, may have been a member of the original team. An August 17, 1970 memo in President Robben W. Fleming's presidential files identified one of the team members as "Don Shortt."
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28. Anonymous PROBE member audiotape of interview with Eric A. Stein, 14 August 2001, for "Women's Activism Against Sex Discrimination: The 1970 HEW Investigation of the University of Michigan," 24 January 2002, U-M Institute for Research on Women and Gender, Bentley Historical Library, University of Michigan, Ann Arbor, Michigan.
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29. University of Michigan News, press release, 13 October 1970 (41), Jean King Papers,, Box 3, HEW Folder, Bentley Historical Library, University of Michigan, Ann Arbor, Michigan.
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30. King interview by Stein.
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31. "PROBE into the Status of Women at the University of Michigan: What Is It? Why Is It? Who Does It Concern?" Jeanne Tashian Papers, Box 1, Topical Files (PROBE 1) Folder, Bentley Historical Library, University of Michigan, Ann Arbor, Michigan.
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32. King interview by Stein.
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33. Anoymous PROBE member interview by Stein.
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34. King to Soper.
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35. King interview by Stein.
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36. Rob Bier, "HEW Withholds 'U' Contracts; Bias Dispute Prompts Act," The Michigan Daily, 6 November 1970, p. 1.
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37. Kenneth P. Burns to Robert E. Burroughs, memorandum, 25 November 1970, Box 24, U-M President's Office (1967- ), Topical Files, 1970-1971, Box 24, Women (Discrimination/HEW) Folder, Bentley Historical Library, University of Michigan, Ann Arbor, Michigan.
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38. Martin Hirschman, "Laws, Bureaucracy Weaken HEW Contract Ban," The Michigan Daily, 4 December 1970, newspaper clipping, Jean King Papers, Box 3, Papers re U-M Sex Discrimination Investigation Folder, Bentley Historical Library, University of Michigan, Ann Arbor, Michigan.
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39. King interview by Stein.
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40. Muriel Ferris to Mrs. Jean King, 15 December 1970, Jean King Papers, Box 3, HEW Folder, Bentley Historical Library, University of Michigan, Ann Arbor, Michigan.
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41. Robert J. Bazell, "Sex Discrimination: Campuses Face Contract Loss over HEW Demands," SCIENCE, 20 November 1970, p. 834-35.
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42. Sandler interview by Stein.
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43. Don F. Scott to Dr. Robben Fleming, 4 December 1970, Box 24, U-M President's Office (1967- ), Topical Files, 1970-1971, Box 24, Women (Discrimination/HEW) Folder, Bentley Historical Library, University of Michigan, Ann Arbor, Michigan.
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44. Helen Fogel, "Michigan Takes Lead in Bias Fight," Detroit Free Press, 10 December 1970, p. 1-C.
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45. R. Vainstein and Z. Weisfeld, transcript of interview, 10 June 1986, U-M Academic Women's Caucus, Box 2, Interview Transcripts (3) Folder, Bentley Historical Library, University of Michigan, Ann Arbor, Michigan.
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46. Allan F. Smith to Executive Officers, memorandum, 23 December 1970, U-M President's Office (1967- ), Topical Files, 1970-1971, Box 24, Women (Discrimination/HEW) Folder, Bentley Historical Library, University of Michigan.
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47. J. Stanley Pottinger to Dr. Robben W. Fleming, 24 December 1970, U-M President's Office (1967- ), Topical Files, 1970-1971, Box 24, Women (Discrimination/HEW) Folder, Bentley Historical Library, University of Michigan, Ann Arbor, Michigan.
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48. R.W. Fleming to Mr. J. Stanley Pottinger, 31 December 1970 , U-M President's Office (1967- ), Topical Files, 1970-1971, Box 24, Women (Discrimination/HEW) Folder, Bentley Historical Library, University of Michigan, Ann Arbor, Michigan.
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49. "U-M Sex Bias Plan 'Historic," unidentified, undated newspaper clipping (believed to be Detroit Free Press, ca. January 1971), Jean King Papers, Box 3, HEW (Not Litigation but Advocacy) Folder, Bentley Historical Library, University of Michigan, Ann Arbor, Michigan. Sandler's quotation echoes the theme of an advertising campaign that was used during this era to market the Virginia Slims brand of cigarettes to women: "You've come a long way, baby."
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50. Richardson never issued a final opinion on the issue. It was rendered moot by the passage of Title IX of the Education Act Amendments of 1972, which prohibited sex discrimination in graduate school admissions.
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51. "100 Women Get Increases; Result of Reviews," University Record, 28 February 1972, clipping in the Jean King Papers, Box 3, HEW Folder, Bentley Historical Library, University of Michigan, Ann Arbor, Michigan.
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52. This fanciful acronym was changed slightly over the weeks that the project was pursued and subsequently publicized.
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53. King interview by Stein.
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54. Cheryl M. Fields, "Federal Probes into Sex Discrimination Provoke Controversy," Chronicle of Higher Education, 22 March 1971, p. 1.
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55. Sandler interview by Stein.
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56. Kenneth A. Mines to Dr. Robben W. Fleming, 4 May 1973, Jean King Papers, Box 3, HEW Findings (Univ Mich.) Folder, Bentley Historical Library, University of Michigan, Ann Arbor, Michigan; Kathleen Ricke, "HEW Crack-Down Threatens 'U', The Michigan Daily, 26 June 1973, p. 1.
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57. Ruth Mehrtens Galvin (Mrs. John T.) to Mrs. King, 22 February 1973, Jean King Papers, Box 3, HEW Folder, Bentley Historical Library, University of Michigan, Ann Arbor, Michigan.
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58. Dean J. Kotlowski, Nixon's Civil Rights, (Cambridge, Massachusetts and London, England: Harvard University Press, 2001), p. 258.
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59. Harriet Mills interview by Elizabeth Duell, 14 December 1999, U-M Academic Women's Caucus, Box 4, Bentley Historical Library, University of Michigan, Ann Arbor, Michigan.
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60. King interview by Stein.
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61. Sandler interview by author.
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62. Bernice Sandler to Jean L. King, 7 September 1977, Jean King Papers, Box 3, Academic Sex Discrimination Folder, Bentley Historical Library, University of Michigan, Ann Arbor, Michigan.
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63. Daniel de Vise, "Report: More Women Than Men in U.S. Earned Doctorates Last Year for First Time," The Washington Post, 14 September 2010, p. A-1.
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64. Kellie Woodhouse, "Pay Comparison: Full University of Michigan Professors Average $149K Per Academic Year," 10 May 2012, accessed at http://www.annarbor.com/news/full-university-of-michigan-professors-make-149k-per-year-on-average/ (retrieved 23 October 2012).
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65. Jean King interview with Elizabeth Duell, 16 December 1999, U-M Academic Women's Caucus, Box 4, Bentley Historical Library, University of Michigan, Ann Arbor, Michigan.
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Document 1

66. President John F. Kennedy, Executive Order 10980, "Establishing the President's Commission on the Status of Women," as cited in American Women: Report of the President's Commission on the Status of Women, 1963, p. 76.
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67. Gail Collins, When Everything Changed: The Amazing Journey of American Women From 1960 to the Present (New York: Back Bay Books/Little, Brown and Company, 2009), pp. 71-72.
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68. Ruth Bordin, Women at Michigan: The "Dangerous Experiment," 1870s to the Present (Ann Arbor: University of Michigan Press, 1999), pp. 72-74.
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Document 2

69. Max Frankel, "Johnson Signs Order to Protect Women in U.S. Jobs From Bias," The New York Times, October 14, 1967, p. 11.
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Document 5

70. Walter R. Greene to Dr. Harlan Hatcher, 8 March 1967, U-M President's Office (1967- ), Topical Files, 1970-1971, Box 24, Women (Discrimination/HEW) Folder, Bentley Historical Library, University of Michigan, Ann Arbor, Michigan.
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Document 6

71. Kathy Shortridge audiotape of interview by Eric A. Stein, 3 July 2001, for "Women's Activism Against Sex Discrimination: The 1970 HEW Investigation of the University of Michigan," 24 January 2002, U-M Institute for Research on Women and Gender, Bentley Historical Library, University of Michigan, Ann Arbor, Michigan. Quotation transcribed by author.
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72. By the time the complaint was filed, some of Shortridge's statistics were modified slightly. The complaint said 6.6 percent of faculty members with professorial rank were women, rather than the 6.5 percent of "tenured" faculty she cited. Although the complaint cited Shortridge's findings of discrimination in undergraduate admissions, HEW had no authority to challenge those policies.
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73. Kathleen Shortridge, email to author, 29 August 2012.
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74. Kathleen Shortridge, telephone interview by author, 22 June 2012.
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75. Kathleen Shortridge, email to author.
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Document 8

76. Jean Ledwith King to Professor Beth Reed, 20 December 1999, Jean King Papers, Box 3, HEW Case Anniversary Folder, Bentley Historical Library, University of Michigan, Ann Arbor, Michigan.
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77. Jean Ledwith King to Mr. Francis Blouin, 20 May 2000, Jean King Papers, Box 3, HEW Case Anniversary Folder, Bentley Historical Library, University of Michigan, Ann Arbor, Michigan.
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78. Jean King Papers, 1964-2000, Bentley Historical Library, University of Michigan, Ann Arbor, Michigan.
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Document 9

79. Eric A. Stein, "Women's Activism Against Sex Discrimination: The 1970 HEW Investigation of the University of Michigan," Working Paper #63, 24 January 2002, Institute for Research on Women and Gender, University of Michigan, p. 22.
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80. Elizabeth Douvan, audiotape of interview by Eric A. Stein, 23 May 2001, for "Women's Activism Against Sex Discrimination: The 1970 HEW Investigation of the University of Michigan," 24 January 2002, U-M Institute for Research on Women and Gender, Bentley Historical Library, University of Michigan, Ann Arbor, Michigan.
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81. Anonymous PROBE member audiotape of interview by Eric A. Stein, 14 August 2001, for "Women's Activism Against Sex Discrimination: The 1970 HEW Investigation of the University of Michigan," 24 January 2002, U-M Institute for Research on Women and Gender, Bentley Historical Library, University of Michigan, Ann Arbor, Michigan.
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82. The University of Michigan Center for Continuing Education of Women, "Women's Rights' Groups in the Ann Arbor Area," Jeanne Tashian Papers, Box 1, CCEW Folder, Bentley Historical Library, University of Michigan, Ann Arbor, Michigan.
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Document 13A

83. University of Michigan press release, 13 October 1970, Jean King Papers, Box 3, HEW Folder, Bentley Historical Library, University of Michigan, Ann Arbor, Michigan.
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Document 14A

84. "Equal Employment Opportunity Affirmative Action Program Outlines University's Positive Anti-Discrimination Efforts," University Record, 18 September 1969, p. 1, clipping from Jean King Papers, Box 3, Papers re U-M Sex Discrimination Investigation Folder, Bentley Historical Library, University of Michigan, Ann Arbor, Michigan.
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85. Sara Fitzgerald, "HEW Demands 'U' Initiate Hiring of More Women; Sets 30-Day Deadline for Filing Program," The Michigan Daily, 14 October 1970.
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86. "Representation of Women, Minorities in Top Jobs Up," U-M News, 15 October 1970, p. 3, Bentley Historical Library, University of Michigan, Ann Arbor, Michigan.
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87. Anonymous PROBE member interview by Stein.
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88. Gaye [Crouch] to Jean [King], 22 December 1970, Jean King Papers, Box 3, U-M Disc Folder, Bentley Historical Library, University of Michigan, Ann Arbor, Michigan.
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Document 15

89. Bordin, Women at Michigan, p. 84.
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90. Bordin, Women at Michigan, p. 97.
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91. D.B. Varner to Robben W. Fleming, 28 October 1970, U-M President's Office (1967- ), Topical Files, 1970-1971, Box 24, Women (Discrimination/HEW) Folder, Bentley Historical Library, University of Michigan, Ann Arbor, Michigan.
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Document 17A

92. PROBE Memo No. 2, 30 November 1970, Jeanne Tashian Papers, Box 1, PROBE (3) Folder, Bentley Historical Library, University of Michigan, Ann Arbor, Michigan.
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Document 18

93. The center eventually dropped "Continuing" from its name, and became known as CEW.
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94. Bordin, Women at Michigan, p. 73.
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95. Jean L. King interview by author, 16 November 2010, Ann Arbor, Michigan.
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96. Bernice Sandler interview by author, 23 May 2011, Washington, D.C.
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Document 19

97. In June 1973, in Pittsburgh Press Co. v Pittsburgh Commission on Human Relations, the U.S Supreme Court agreed that a Pittsburgh city ordinance barring sex discrimination in hiring prohibited the local newspaper from segregating classified employment advertising by gender. The National Organization for Women had filed a complaint with the commission in October 1969. The full text of the Court's decision is available at http://supreme.justia.com/cases/federal/us/413/376/case.html (retrieved on November 16, 2012).
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98. Robben W. Fleming to Mr. Don F. Scott, 3 November, 1970, U-M President's Office (1967- ), Topical Files, 1970-1971, Box 24, Women (Discrimination/HEW) Folder, Bentley Historical Library, University of Michigan, Ann Arbor, Michigan.
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Document 20A

99. "Women's Rights' Groups in the Ann Arbor Area."
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Document 21A

100. Bordin, Women at Michigan, p. 9.
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101. Center for Continuing Education of Women, University of Michigan, "Women on Campus: A Symposium, October 14, 1970," citing statistics provided by the Statistical Service of the University's Office of the Registrar, October 9, 1970, Jeanne Tashian Papers, Box 1, CCEW Folder, Bentley Historical Library, University of Michigan.
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102. U.S. Department of Education, National Center for Education Statistics, Digest of Education Statistics, 2006, Table 287: Degrees in engineering and engineering technologies conferred by degree-granting institution, by level of degree and sex of student: Selected years, 1949-50 through 2004-05, http://nces.ed.gov/programs/digest/d06/tables/dt06_287.asp, (accessed September 7, 2012).
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103. Press release, 8 December 1970, News and Information Service (U-M), Box 36, Commission on Women, 1971 Folder, Bentley Historical Library, University of Michigan, Ann Arbor, Michigan.
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104. Robert J. Bazell, "Sex Discrimination: Campuses Face Contract Loss Over HEW Demands," SCIENCE, Vol. 170, 20 November 1970, pp. 834-35.
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105. Michigan Women's Historical Center and Hall of Fame, http://hall.michiganwomen.org/honoree.php?C=0&A=49~251~108~193~199~240~224~178~88~45~174 (accessed September 26, 2012).
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Document 23

106. Kenneth P. Burns to Robert E. Burroughs, memorandum, 25 November 1970, U-M President's Office (1967- ), Topical Files, 1970-1971, Box 24, Women (Discrimination/HEW) Folder, Bentley Historical Library, University of Michigan, Ann Arbor, Michigan.
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107. Muriel Ferris to Mrs. Jean King, 15 December 1970, Jean King Papers, Box 3, HEW Folder, Bentley Historical Library, University of Michigan, Ann Arbor, Michigan.
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108. Don F. Scott to Robben W. Fleming, 4 December 1970, U-M President's Office (1967- ), Topical Files, 1970-1971, Box 24, Women (Discrimination/HEW) Folder, Bentley Historical Library, University of Michigan, Ann Arbor, Michigan.
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Document 25

109. Helen Fogel, "Michigan Takes Lead in Bias Fight," Detroit Free Press, 10 December 1970, p. 1-C.
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110. Fogel, "Michigan Takes Lead in Bias Fight," p. 1-C.
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Document 26

111. R.W. Fleming to President David D. Henry, 9 December 1970, U-M President's Office (1967- ), Topical Files, 1970-1971, Box 24, Women (Discrimination/HEW) Folder, Bentley Historical Library, University of Michigan, Ann Arbor, Michigan.
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Document 28

112. The Membership of PROBE to Vice-Presidents Wilbur K. Pierpont, Barbara W. Newell, and Allan F. Smith, memorandum, 4 August 1970, Papers of Jeanne Tashian, Topical Files PROBE (1) Folder, Bentley Historical Library, University of Michigan, Ann Arbor, Michigan.
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113. Gaye [Crouch] to Jean [King], 22 December 1970.
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114. "Commission Offers Projection Guides," and accompanying chart, University Record, 8 February 1971, p. 3, located in Jean King Papers, Box 3, Papers Re U-M Sex Discrimination Folder, Bentley Historical Library, University of Michigan, Ann Arbor, Michigan.
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Document 29

115. The Women of PROBE to Barbara W. Newell, 11 December 1970, Jean King Papers, Box 3, U-M Disc Folder, Bentley Historical Library, University of Michigan, Ann Arbor, Michigan.
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116. Jean L. King to Ms. Carol Hollenshead and Ms. Virginia Nordby, 12 March 1994, Jean King Papers, Box 3, Report on U-M Sex Discrimination Folder, Bentley Historical Library, University of Michigan, Ann Arbor, Michigan.
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117. "New Commission on Women to Study U's Plan," University Record, 11 January 1971, p. 1, located in Jean King Papers, Box 3, Papers Re U-M Sex Discrimination Folder, Bentley Historical Library, University of Michigan, Ann Arbor, Michigan.
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118. Barbara W. Newell to President R.W. Fleming, 3 February 1971, U-M President's Office (1967- ), Topical Files, 1970-1971, Box 24, Women Folder, Bentley Historical Library, University of Michigan, Ann Arbor, Michigan.
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Document 31

119. "Can the Guilty Negotiate for the Victims of Discrimination?," attached to Charles V. Kidd, Director, to Council members, 5 February 1971, Jean King Papers, Box 3, U-M Disc Folder, Bentley Historical Library, University of Michigan, Ann Arbor, Michigan.
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Document 32

120. Daniel Zwerdling, "The Womanpower Problem," The New Republic, 20 March 1971, pp 11-13.
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121. King interview by Stein.
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122. King to Hollenshead and Nordby, 12 March 1994.
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Document 35A

123. The fanciful acronym changed slightly over the course of the project. In its first use, it was AHCCPFDMEW for "Ad Hoc Committee Concerned that President Fleming Does Not Meet with Enough Women." Within a matter of weeks, however, it became AHCCTPFDNMWW, the "Ad Hoc Committee Concerned that President Fleming Does Not Meet With Women."
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Document 36

124. Anne Cowley's experience is described in Bordin, Women of Michigan, p. 82.
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Document 40

125. "Farians, Elizabeth. Papers of NOW Officers, 1965-1973: A Finding Aid," October 2002, Arthur and Elizabeth Schlesinger Library on the History of Women in America, Radcliffe Institute for Advanced Study, Harvard University, http://oasis.lib.harvard.edu/oasis/deliver/~sch00254, (accessed October 2, 2012).
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126. Sandler interview by Stein.
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127. Associated Press, "Feminists Charge Bias Law Unenforced," Tri-City Herald, 26 November 1974, p. 28.
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128. ABA Senior Lawyers Division: Women Trailblazers in the Law, "Oral History of Marcia Greenberger," interviewed by Sheila Slocum Hollis, 26 May 2006, 2 June 2006, 11 September 2006, 7 March 2008, http://www.americanbar.org/content/dam/aba/directories/women_trailblazers/greenberger_interview_4.authcheckdam.pdf (accessed October 30, 2012).
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Document 41

129. The University of Michigan Center for Continuing Education of Women, "Women's Rights' Groups in the Ann Arbor Area."
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Document 42

130. Analyses of the order by various University of Michigan administrators can be found in U-M President's Office (1967- ), Topical Files, 1970-1971, Box 24, Women (Discrimination/HEW) Folder, Bentley Historical Library, University of Michigan, Ann Arbor, Michigan, as well as an analysis by the National Association of College and University Business Officers.
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131. Federal Register, Vol. 36, No. 234, Doc. 71-17789, 3 December 1971, pp. 23152-23157.
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132. Coverage by the Detroit Free Press included articles such as: Helen Fogel, "Bias Probe Will Open at U-M," 17 August 1970, p. 1-C; Helen Fogel, "Sex Bias Charges Lack Specifics, Says HEW," 19 August 1970, p. 2-D; Helen Fogel, "U-M Probe Reveals No Sex Bias," 22 August 1970, page unidentified; Helen Fogel, "U-M Opens Bias Talks in Chicago," 11 November 1970, p. 2-C; Helen Fogel, "Michigan Takes Lead in Bias Fight," 10 December 1970, p. 1-C.
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133. Mary Kramer, "'U' Won't Hire Less Able Women, Blacks; Fleming Hits HEW," The Michigan Daily, 16 March 1972, p. 1.
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Document 43A

134. King interview by Stein.
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