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Articles 1 - 15 of 15
Full-Text Articles in Education Law
Classrooms Into Courtrooms, Naomi M. Mann
Classrooms Into Courtrooms, Naomi M. Mann
Faculty Scholarship
The federal Department of Education’s (DOE) 2020 Title IX Rule fundamentally transformed the relationship between postsecondary schools (schools) and students. While courts have long warned against turning classrooms into courtrooms, the 2020 Rule nonetheless imposed a mandatory quasi-criminal courtroom procedure for Title IX sexual harassment investigatory proceedings in schools. This transformation is a reflection of the larger trend of importing criminal law norms and due process protections into Title IX school proceedings. It is especially regressive at a time where calls for long-overdue criminal justice reform are reaching a boiling point across the nation. Its effects are especially troubling because …
"Pistol Shots Ring Out In The Barroom Night": Bob Dylan's "Hurricane" As An Exam (Or Course) In Criminal Procedure, Michael L. Perlin
"Pistol Shots Ring Out In The Barroom Night": Bob Dylan's "Hurricane" As An Exam (Or Course) In Criminal Procedure, Michael L. Perlin
Articles & Chapters
Bob Dylan wrote the song Hurricane to draw the public’s attention to the conviction of the boxer, Rubin “Hurricane” Carter, for a crime (multiple murders) which Carter did not commit. Dylan’s song – and its performance as a part of Dylan’s fabled Rolling Thunder Tour – brought significant public attention to this case (and the miscarriage of justice it reflected), and eventually led to the granting of federal habeas corpus (a decision affirmed by the Third Circuit) and the freeing of Carter from state prison in New Jersey. The song takes the listener from the facts of the crime, through …
A Call For An Intersectional Feminist Restorative Justice Approach To Addressing The Criminalization Of Black Girls, Donna Coker, Thalia Gonzalez
A Call For An Intersectional Feminist Restorative Justice Approach To Addressing The Criminalization Of Black Girls, Donna Coker, Thalia Gonzalez
Articles
No abstract provided.
Just Another Fast Girl: Exploring Slavery's Continued Impact On The Loss Of Black Girlhood, Mikah K. Thompson
Just Another Fast Girl: Exploring Slavery's Continued Impact On The Loss Of Black Girlhood, Mikah K. Thompson
Faculty Works
A troubling legacy of American chattel slavery is the justice system’s continued failure to provide adequate protection to African-American crime victims. This piece focuses on the law’s historic unwillingness to shield Black girls from acts of sexual violence. During slavery, lawmakers refused to criminalize rape committed against Black girls and women based not only on the fact that they were considered property but also on stereotypes about their sexuality. Even though the law now criminalizes the rape of Black girls, African-American rape survivors encounter more skepticism and hostility when they come forward with their stories compared to their White counterparts. …
Inside The Master's Gates: Resources And Tools To Dismantle Racism And Sexism In Higher Education, Susan Ayres
Inside The Master's Gates: Resources And Tools To Dismantle Racism And Sexism In Higher Education, Susan Ayres
Faculty Scholarship
The spring of 2020 saw waves of protest as police killed people of color. After George Floyd’s death, protests erupted in over 140 cities. The systemic racism exhibited by these killings has been uncontrollable, hopeless, and endless. Our country is facing a national crisis. In response to the police killings, businesses, schools, and communities held diversity workshops across the nation, and businesses and organizations posted antiracism statements. Legislators and City Councils introduced bills and orders to defund police and to limit qualified immunity. As schools prepared for the fall semester, teachers considered ways to incorporate antiracism materials into the curriculum. …
Title Ix & The Civil Rights Approach To Sexual Harassment In Education, Nancy Chi Cantalupo
Title Ix & The Civil Rights Approach To Sexual Harassment In Education, Nancy Chi Cantalupo
Law Faculty Research Publications
No abstract provided.
Law Symposium: Adjudicating Sexual Misconduct On Campus: Title Ix And Due Process In Uncertain Times, Roger Williams University School Of Law, Michael M. Bowden
Law Symposium: Adjudicating Sexual Misconduct On Campus: Title Ix And Due Process In Uncertain Times, Roger Williams University School Of Law, Michael M. Bowden
School of Law Conferences, Lectures & Events
No abstract provided.
Is There Really A Sex Bureaucracy?, Suzanne B. Goldberg
Is There Really A Sex Bureaucracy?, Suzanne B. Goldberg
Faculty Scholarship
This essay identifies several features of the higher-education context that can enrich The Sex Bureaucracy‘s account of why colleges and universities have adopted new policies and trainings to address sexual assault on their campuses. These features include: 1) schools’ preexisting systems for addressing student conduct; 2) the shared interest of schools in reducing impediments to education, including nonconsensual sexual contact; and 3) the pedagogical challenges of developing trainings that are engaging and effective. Taking these three factors into account, we can see that while federal Title IX intervention has had a profound effect, it is also important not to …
Masculinity & Title Ix: Bullying And Sexual Harassment Of Boys In The American Liberal State, Nancy Chi Cantalupo
Masculinity & Title Ix: Bullying And Sexual Harassment Of Boys In The American Liberal State, Nancy Chi Cantalupo
Law Faculty Research Publications
No abstract provided.
Confronting The Evolving Safety And Security Challenge At Colleges And Universities, Oren R. Griffin
Confronting The Evolving Safety And Security Challenge At Colleges And Universities, Oren R. Griffin
Articles, Chapters in Books and Other Contributions to Scholarly Works
Colleges and universities have long been scrutinized and confronted with lawsuits regarding safety and security measures designed and implemented to protect students and prevent dangerous incidents on campus. Under the doctrine of in loco parentis, college administrators assume responsibility for the physical safety and well-being of students as they matriculate through their academic programs. However, in recent decades, the realization that university communities are not immune to criminal activity has led to federal legislation and judicial opinions that have attempted to identify what legal duty colleges and universities have to prevent security breaches. Moreover, college and university administrators have looked …
A Moving Violation? Hypercriminalized Spaces And Fortuitous Presence In Drug Free School Zones, L. Buckner Inniss
A Moving Violation? Hypercriminalized Spaces And Fortuitous Presence In Drug Free School Zones, L. Buckner Inniss
Publications
No abstract provided.
Random Vs. Suspicion-Based Drug Testing In The Public Schools -- A Surprising Civil Liberties Dilemma, Martin H. Belsky
Random Vs. Suspicion-Based Drug Testing In The Public Schools -- A Surprising Civil Liberties Dilemma, Martin H. Belsky
Akron Law Faculty Publications
The Tecumseh School District had a policy that all students who wished to participate in extracurricular activities that involved some sort of competition had to agree to drug testing before the competition and then randomly thereafter. ... Those selected for accusatory drug testing might be perceived to be wearing a "badge of shame" and be subject to the arbitrary whim of an administrator. ... Vernonia involved a rule requiring drug testing as a condition for participation in extracurricular competitive sports. ... In Earls, the Tecumseh School District adopted a "Student Activities Drug Testing Policy" that required all students who wished …
Archibald Cox: Teacher, David J. Seipp
Archibald Cox: Teacher, David J. Seipp
Faculty Scholarship
Archie Cox is a teacher. He taught generations of law students at Harvard Law School and, more recently, at Boston University School of Law. He left the classroom on three occasions, reluctantly, when first President Truman, then President Kennedy, then President Nixon's Attorney General called Professor Cox to Washington to play a part on the national stage. In his first weeks as Watergate Special Prosecutor, Cox carried with him a stack of blue books, Labor Law examinations he still had to grade (p. 263). In the public eye, his straight-backed demeanor, his familiar crew cut, half-glasses, bow tie, and tweeds …
Violence Against Women And Legal Education: An Essay For Mary Joe Frug, Elizabeth M. Schneider
Violence Against Women And Legal Education: An Essay For Mary Joe Frug, Elizabeth M. Schneider
Faculty Scholarship
No abstract provided.
Conflicts-Of-Interest Disqualification In Medical Malpractice Litigation, George J. Annas
Conflicts-Of-Interest Disqualification In Medical Malpractice Litigation, George J. Annas
Faculty Scholarship
Less than two decades ago it was thought sufficient to say, "When a practitioner is in doubt on an ethical question, the best answer is usually No." A more recent commentator has suggested, however, that "[s]uch platitudes have become increasingly inadequate to guide the attorney facing conflicts of interests in the private practice of law." Because of the general vagueness of the American Bar Association's Model Code of Professional Responsibility, and of state codes based on it, courts have begun to fashion a vast "common law" of conflicts of interest A particularly controversial entry to this body of common law …