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The Parent As (Mere) Educational Trustee: Whose Education Is It, Anyway?, Jeffrey Shulman
The Parent As (Mere) Educational Trustee: Whose Education Is It, Anyway?, Jeffrey Shulman
Georgetown Law Faculty Publications and Other Works
The purpose of this Article is two-fold. First, the Article argues that the parent’s right to educate his or her children is strictly circumscribed by the parent’s duty to ensure that children learn habits of critical reasoning and reflection. The law has long recognized that the state’s duty to educate children is superior to any parental right. Indeed, the “parentalist” position to the contrary rests on an inflation of rights that is, in fact, a radical departure from longstanding legal norms. Indeed, at common law the parent had “a sacred right” to the custody of his child, and the parent’s …
How Should Colleges And Universities Respond To Peer Sexual Violence On Campus? What The Current Legal Environment Tells Us, Nancy Chi Cantalupo
How Should Colleges And Universities Respond To Peer Sexual Violence On Campus? What The Current Legal Environment Tells Us, Nancy Chi Cantalupo
Georgetown Law Faculty Publications and Other Works
Over the last decade or so, various legal schemes such as the statutes and court or agency enforcement of Title IX and the Clery Act have increasingly recognized that certain institutional responses perpetuate a cycle of nonreporting and violence. This paper draws upon comprehensive legal research conducted on how the law now regulates school responses to campus peer sexual violence to show that schools face much greater liability from failing to protect the rights of campus peer sexual violence survivors than of any other group of students, including alleged assailants. By encouraging their institutions to develop more victim-centered responses to …