Enhancing Title IX Due Process Standards in Campus Sexual Assault Adjudication: Considering the Roles of Distributive,Procedural, and Restorative Justice

ABSTRACT

Title IX prohibits sex discrimination—including sexual assault—in higher education. The Department of Education Office for Civil Rights’ 2011 “Dear Colleague Letter” outlines recommendations for campus sexual assault adjudication allowing a variety of procedures that fail to protect accused students’ due process rights and victims’ rights under Title IX. This article reviews two diminished due process rights in campus adjudication: cross-examination and the preponderance of the evidence standard. We use an organizational justice theoretical framework to show that limitations on due process rights reduce fair outcomes for both victims and the accused. We provide recommendations for a restorative justice approach to campus adjudication that operates within this theoretical framework to increase fair outcomes in adjudication, bolster perceptions of adjudicatory system legitimacy, and reduce campus sexual assault.     

Going beyond technocratic and democratic principles: stakeholder acceptance of instruments in Swiss energy policy

Policy Sciences - This paper is about stakeholders’ acceptance regarding regulatory instruments in energy policy. We expect that today’s introduced instruments not only correspond most...     

Skeleton find from Roman times suspected as an homicide victim

A human skeleton was found during construction work on the concrete foundations of a fence built 17 years before. The situation seemed to suggest that a corpse had been disposed of 17 years ago. Forensic and osteological examinations showed that death had been caused by semi-sharp and blunt craniocerebral trauma. However, there were morphological findings which indicated that the body had been buried in soil for at least 50 years. Several additional objects found nearby and the proximity to the Limes pointed to a Roman context. With the help of the radiocarbon method, the time of death could be dated to about 245-263 AD. A recent act of violence could hence be ruled out. According to the situation at the scene, it had to be assumed, however, that the skeleton must have been discovered already during the construction work done 17 years before and that the find had not been reported. Such behaviour is a phenomenon quite often encountered in practice.     

Risk Avoidance Strategies After Sexual Assault: A Dyadic Study of Survivors and Informal Support Providers

Interview data from 45 matched pairs of survivors disclosing sexual assaults and their primary informal support provider (friend, family, significant other) were used to explore survivor-support provider perspectives on self-protective behaviors survivors and those close to them take to protect themselves from future assaults. Strategies for reducing risk taken by survivors included behavioral changes, security measures, self-defense strategies, avoiding alcohol or drugs, and protecting others. Support providers play critical roles by encouraging survivors to pursue risk avoidance strategies, and employing these strategies themselves. Counseling and prevention implications are drawn in the context of risks facing survivors trying to avoid further sexual victimization.     

India after the 2014 general elections: BJP dominance and the crisis of the third party system

ABSTRACT

This article critically assesses claims that India has entered a new party system after the 2014 general elections, marked by renationalisation with the BJP as the new ‘dominant’ party.’ To assess these claims, we examine the electoral rise of the BJP in the build-up to and since the 2014 general elections until the state assembly elections in December 2018. Overall, we argue that despite the emerging dominance of the BJP, a core feature of the third party system -a system of binodal interactions- has remained largely intact albeit in a somewhat weaker form. Furthermore, by comparing the post 2014 Indian party system with key electoral features of the first three party systems, we conclude that the rise of the BJP has thrown the third-party system into crisis, but does not yet define the consolidation of a new party system.     

Fortentwicklung des unionalen Infrastrukturrechts – Gedanken zur integrativen räumlichen Steuerung auf EU-Ebene

Natur und Recht - Aus den unionalen Verträgen folgt eine allgemeine Pflicht zu einem dem Nachhaltigkeitsprinzip verpflichteten und damit integrativen Handeln. Das richtet sich auch an die...     

Modeling local growth control decisions in a multi-city case: Do spatial interactions and lobbying efforts matter?

Our article analyzes the determinants of local growth control decisions, which are modeled as the result of a political struggle between different groups of voters and organized lobbies. We show that under specific hypotheses, a higher homeownership rate can induce lower levels of controls. Considering residential choices as endogenous to growth control policies, the local decisions to control growth become strategically interdependent. Assuming imperfect mobility, we show that a spatial econometric specification can be directly derived from our theoretical model. Our empirical analysis concerning the determinants of the “taxe locale d’équipement”, a French local development tax, is thus naturally based on spatial econometrics. Its results confirm the major predictions of our model.