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Full-Text Articles in Law
How Discriminatory Censorship Laws Imperil Public Education, Jonathan Feingold, Joshua Weishart
How Discriminatory Censorship Laws Imperil Public Education, Jonathan Feingold, Joshua Weishart
Faculty Scholarship
“Discriminatory censorship laws” regulate classroom conversations about racism, gender identity, and other topics targeted in the backlash against efforts toward inclusive classrooms and curricula. This policy brief examines the proliferation of these laws and their impact on K-12 schools, including the creation of hostile learning environments that expose students and educators to a heightened threat of race- and sex-based harassment and to formal sanctions and social ostracization. The laws also foster a climate of fear and anxiety among educators, effectively coercing them to shun critical inquiry and thought on targeted topics and more generally. The result is a curriculum that …
Title Ix’S Unrealized Potential To Prevent Sexual Violence, Katharine B. Silbaugh
Title Ix’S Unrealized Potential To Prevent Sexual Violence, Katharine B. Silbaugh
Faculty Scholarship
The mandate of Title IX is equality in educational opportunities. If educational institutions could prevent sexual assaults from occurring, they would more fully ensure that students are not limited in their ability to benefit from the school’s educational programs. However, Title IX administration on college campuses still focuses far more on post-assault infrastructure than on assault prevention.
Yet with the ever-increasing particularity of the assault response requirements emanating from the Department of Education (“DOE”)2 and courts, Title IX jurisprudence has strayed too far from this basic purpose: to ensure that students in federally funding schools are not denied or limited …
Title Ix And The Challenges Of Educating For Equality, Linda C. Mcclain
Title Ix And The Challenges Of Educating For Equality, Linda C. Mcclain
Faculty Scholarship
Educating for equality to foster practicing equality must be a vital task for the next fifty years of Title IX. It is also a task that fits into the mission and expertise of schools as educational institutions. I use “educating for equality” as shorthand for the role of schools in preparing children, adolescents, and college students to participate in and build a world in which—to echo Title IX’s “37 words that changed everything”1—“No person in the United States, shall, on the basis of sex, be excluded from participation in, be denied the benefits of, or be subjected to …
Forging A Future Title Ix, Naomi M. Mann
Forging A Future Title Ix, Naomi M. Mann
Faculty Scholarship
Title IX is in transition. Fifty years after its passage, Title IX is at the center of multiple culture wars, notably those around the definition of sex1 and the contours of due process2 in schools. Since 2011, the federal Department of Education (“ED”) has issued multiple guidance documents, containing widely divergent obligations for schools.3 In the last decade, the meaning of Title IX has been highly contested, appearing sometimes more dependent on the administration in power than on the statute’s text and purpose.4 This pendulum swing has diverted attention away from Title IX’s core goal: equal …