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Full-Text Articles in Law
Legitimacy And Agency Implementation Of Title Ix, Samuel R. Bagenstos
Legitimacy And Agency Implementation Of Title Ix, Samuel R. Bagenstos
Articles
Title IX of the Education Amendments of 1972 prohibits sex discrimination by programs receiving federal education funding. Primary responsibility for administering that statute lies in the Office for Civil Rights of the Department of Education (OCR). Because Title IX involves a subject that remains highly controversial in our polity (sex roles and interactions among the sexes more generally), and because it targets a highly sensitive area (education), OCR’s administration of the statute has long drawn criticism. The critics have not merely noted disagreements with the legal and policy decisions of the agency, however. Rather, they have attacked the agency’s decisions …
Symbolism Over Substance: The Role Of Adversarial Cross-Examination In Campus Sexual Assault Adjudications And The Legality Of The Proposed Rulemaking On Title Ix, Hunter Davis
Michigan Journal of Gender & Law
Traditionally, it has been understood that campus sexual assault adjudications need not take on the formalities of the justice system. Since the consequences faced in campus adjudications are considerably less than punishments faced in the justice system, less process is owed under the Due Process Clause. However, in September 2018, the Sixth Circuit reconceived what constitutes due process in campus sexual assault adjudications in the case of Doe v. Baum. The court found that in cases involving conflicting narratives at public universities, the accused or his agent must have the ability to cross-examine his accuser in the presence of …
This Is What Democracy Looks Like: Title Ix And The Legitimacy Of The Administrative State, Samuel R. Bagentos
This Is What Democracy Looks Like: Title Ix And The Legitimacy Of The Administrative State, Samuel R. Bagentos
Michigan Law Review
Review of R. Shep Melnick's The Transformation of Title IX: Regulating Gender Equality in Education.
The Title Ix Contract Quagmire, Bryce Freeman
The Title Ix Contract Quagmire, Bryce Freeman
Michigan Law Review
Courts and scholars have long grappled with whether and to what extent educational institutions are in contract with their students. If they are, then students can sue their private universities for breaching that contract— ordinarily understood as the student handbook and other materials—when the institution levies a disciplinary action against the student. But what promises, both implicit and explicit, do private universities make to their students that courts should enforce? This question has resurfaced in the Title IX context, where courts have largely drawn clear dividing lines between the rights of public and private university students. This Comment provides a …