Thursday, October 17, 2013

Recent Scholarship

'Decriminalizing' Campus Institutional Responses to Peer Sexual Violence

 Nancy Chi Cantalupo (Georgetown)'s abstract:

This article combines and updates two previous articles on the federal laws that govern institutional responses to gender-based violence on college campuses, with a focus on how existing laws encourage or discourage institutions to “decriminalize” those responses — i.e., to adopt responses that do not imitate the criminal justice system. It shows how the groundbreaking anti-sex discrimination in education statute, Title IX of the Educational Amendments of 1972 (“Title IX”), and the Jeanne Clery Disclosure of Campus Security Policy and Campus Crime Statistics Act (“Clery”) encourage decriminalization of “back-end” institutional responses once a college or university has knowledge of specific violent acts. However, it also explains how these same federal statutes discourage institutions from decriminalizing their “front-end” responses with regard to victim reporting and other information gathering regarding violence against women on campus. That is, because Clery’s text and Title IX’s enforcement mechanisms give colleges and universities an incentive to avoid knowledge of gender-based violence happening on their campuses, and because the criminal justice system tends to discourage victim reporting of such violence, both statutes fail to create incentives for institutions to decriminalize their responses. The article concludes by offering several recommendations for the ways in which Title IX and Clery can be better enforced and/or changed to encourage colleges and universities to decriminalize their front-end responses, including by requiring all institutions to participate at regular intervals in a nationally-based, locally-administered survey regarding gender-based violence on their campuses, as well as to create campus-based victims’ services offices.

The Parental Choice Fallacy in Education Reform Debates

James G. Dwyer (William & Mary)'s abstract:

Proponents of school vouchers often tout parental choice as a vehicle for positive innovation, general improvement of school systems, and better education for individual children. This Article explains why this reasoning is fallacious.

The Endangered School District: The Promise and Challenge of Redistributing Control of Public Education

Daniel Kiel (Memphis)'s abstract:     

The standard conservative view of privatization in education favors state funding of private schools, religious and nonreligious, without state oversight to ensure accountability for how the money is used. The standard liberal view opposes state funding of private schools regardless of whether there is state oversight to ensure that the funding improves children's secular education. This Article highlights the main points against both standard views, and it advances the intermediate position that states may provide funding for private schooling but only if they also regulate and oversee the private schools sufficiently to ensure state money actually improves the secular education those schools provide. The Article further critiques prevailing assumptions about what accountability entails, and it assesses to what extent there is real educational accountability in voucher programs today.

Beyond Title IX: Federal Legislative Antidotes to the Bullying & Harassment of Actual or Perceived LGBT & Gender Non-Conforming Students

Larry D. Robertson (Loyola University Chicago School of Law)'s abstract:    

A hostile learning environment denies actual or perceived lesbian, gay, bisexual, and transgender (“LGBT”) and gender non-conforming students an education. Although Title IX of the Educational Amendments of 1972 (“Title IX”) can protect actual or perceived LGBT and gender non-conforming students from harassment, it sometimes fails. This Article argues that Congress should pass the Student Non-Discrimination Act of 2013 and the Safe Schools Improvement Act of 2013 to remedy the legal shortcomings of Title IX and protect actual or perceived LGBT and gender non-conforming students from the harassment and bullying they endure.

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