Tuesday, February 7, 2017

Scholarship on The Failure of Education Federalism and Procedural Due Process Rights of the Accused in Title IX Cases

Kristi Bowman:  The Failure of Education Federalism
Bowman's article uses Michigan's public education system to show the decline in public investment in education and the need for the federal government to "embrace a different model of federalism, cooperative federalism." Bowman writes, "In particular, the judiciary can create a federal floor of educational quality via Substantive Due Process and Equal Protection Clause jurisprudence, especially if it is willing to consider reviewing educational quality claims under a rational basis with bite standard." The article is available for download on ssrn.com here.
Tamara Rice Lave: Ready, Fire, Aim: How Universities are Failing the Constitution in Sexual Assault Cases
The Obama administration's efforts requiring higher ed institutions to take steps to prevent campus sexual misconduct under Title IX is likely to wither regardless of who becomes the new education secretary (see Derek Black's take on the Education Secretary's confirmation hearings here). But the ED may be more willing to explore the area of Tamara Rice Lave explores in her article, Ready, Fire, Aim: How Universities are Failing the Constitution in Sexual Assault Cases. In the article, Lave discusses how institutions may not be adequately protecting students' procedural due process rights and concludes by "considering how universities can more fairly and effectively respond to sexual assault." The article is available here.


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