Tag Archives: Title IX

Concern About DeVos’s Rescission of Obama Policy on Campus Rape

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Cornell University law professor Sherry F. Colb comments on the decision by Education Secretary Betsy DeVos to rescind the Obama-era Title IX guidance on campus sexual assault because it allegedly denies due process to students accused of rape. While acknowledging specific instances where accused students have been treated poorly, Colb argues that the existing guidelines are eminently sensible and defensible and that rescinding them rather than editing or modifying them goes well beyond what is necessary to address concerns for accused students. Colb focuses on two commonly attacked features of campus policy—the preponderance of the evidence standard and the affirmative consent requirement—and explains why they are good policy.

Should Federalism Play a Role in the Interpretation of Civil Rights Laws?

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Cornell University law professor Michael Dorf argues that in some contexts, consideration of states’ rights is relevant to the interpretation of federal statutes, but in other contexts—including the federal lawsuit over a transgender boy’s access to a boys’ restroom at school—principles of federalism are outweighed by other considerations. Dorf provides three examples of instances where federalism should play a role in the interpretation of federal statutes, and he explains why the transgender bathroom case differs from those instances.

Another Senseless Act of Destruction: The Trump Administration Undermines Protections for Transgender Students

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SMU Dedman School of Law professor Joanna Grossman argues that the decision by the Trump Administration to roll back protections for transgender students is mean-spirited and serves no legitimate purpose. Grossman briefly describes the history of the recognition of transgender rights under federal statutes and explains why protections for transgender students make far greater legal sense than denying those protections.

The Problem With the Texas Federal Court’s Nationwide Order Regarding Bathroom Access for Transgender Students

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Illinois Law dean and professor Vikram David Amar and U.C. Davis Law professor Courtney Joslin discuss a recent decision by a federal district court in Texas issuing a nationwide order regarding bathroom access for transgender students. Amar and Joslin explain why the order almost certainly oversteps that court’s authority without providing any reasons or analysis to justify its overbroad relief.

The Thin Pink Line: Policing Gender at Every Corner

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Hofstra University law professors Joanna L. Grossman and Grant M. Hayden explain how recent controversies over same-sex marriage, transgender use of bathroom, and differentiated high school graduation attire for males and females reflect a collective unwillingness to blur gender lines. Grossman and Hayden further describe how these controversies are really simply part of a larger game of gender oppression.

Blue for Boys, White With Flowers for Girls: When Commencement Is an Exercise in Discrimination

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Hofstra University law professor Joanna L. Grossman and Duke law professor Katharine T. Bartlett explain why a high school policy prescribing one color of robes for boys and another color for girls violates both the Equal Protection Clause of the Fourteenth Amendment and Title IX. Grossman and Bartlett describe how this controversy could be easily resolved, as other schools have resolved other similar controversies.

A Room With a View: Federal Appeals Court Says School District Cannot Bar Transgender Boy from Using the Bathroom Aligned with His Gender Identity

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Hofstra University law professor Joanna Grossman comments on a recent decision by the U.S. Court of Appeals for the Fourth Circuit holding that a school district cannot bar a transgender boy from using the boys’ restroom. Grossman explains the reasoning behind the appellate court’s decision and calls into question the rhetoric that single-sex bathrooms are somehow “sacred”—in light of the many scandals that take place in these places.

Distinction Without a Difference: Federal Court Says Sexual Orientation Discrimination Is Sex Discrimination

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Hofstra University law professor Joanna Grossman discusses a recent decision by a federal district court denouncing the legal distinction between sex discrimination and sexual orientation discrimination. Grossman praises the reasoning behind the decision and expresses hope that other courts will follow suit in recognizing “as illusory and artificial” any distinction between the two brands of discrimination.

Meet our Columnists

Vikram David Amar

Vikram David Amar is the Dean and Iwan Foundation Professor of Law at the University of Illinois College of Law. Immediately prior to taking the position at Illinois, Amar served as the Senior Assoc... more

Neil H. Buchanan

Neil H. Buchanan is an economist and legal scholar and a Professor of Law at The George Washington University. He teaches tax law and tax policy, and he has taught contract law, law and economics, and... more

Sherry F. Colb

Sherry F. Colb is Professor of Law and Charles Evans Hughes Scholar at Cornell University. Colb teaches courses in constitutional criminal procedure, evidence, and animal rights. She has published a... more

John Dean

John Dean served as Counsel to the President of the United States from July 1970 to April 1973. Before becoming White House counsel at age thirty-one, he was the chief minority counsel to the Judiciar... more

Michael C. Dorf

Michael C. Dorf is the Robert S. Stevens Professor of Law at Cornell University Law School. He has written hundreds of popular essays, dozens of scholarly articles, and four books on constitutional la... more

Joanna L. Grossman

Joanna L. Grossman is the Ellen K. Solender Endowed Chair in Women and Law at SMU Dedman School of Law.  She is an expert in sex discrimination law. Her most recent book,  more

Marci A. Hamilton

Marci A. Hamilton is one of the country’s leading church-state scholars and the Fox Professor of Practice and Fox Family Pavilion Resident Senior Fellow in the Program for Research on Religion in the... more

David S. Kemp

David S. Kemp is an attorney and managing editor at Justia. He received his B.A. in Psychology from Rice University and his J.D. from the University of California, Berkeley, School of Law (Boalt Hall)... more

Joseph Margulies

Mr. Margulies is a Professor of Law and Government at Cornell University. He was Counsel of Record in Rasul v. Bush (2004), involving detentions at the Guantánamo Bay Naval Station, and in more

Anita Ramasastry

Anita Ramasastry is the UW Law Foundation Professor of Law at the University of Washington School of Law in Seattle, where she also directs the graduate program on Sustainable International Developmen... more

Ronald D. Rotunda

Ronald D. Rotunda is the Doy & Dee Henley Chair and Distinguished Professor of Jurisprudence, at Chapman University, Fowler School of Law. He joined the faculty in 2008. Before that, he was Univ... more