Less Safe in the Ivory Tower: Campus Sexual Assault Policy in the Trump Administration

ABSTRACT

Since the late 20th century, the federal government has regulated colleges’ and universities’ handling of campus sexual and gender-based violence (CSGBV). Although the arc of history has bent toward establishing greater protections for victims of such violence, new proposed regulation by the U.S. Department of Education under the Trump administration focuses more heavily on ensuring due process rights for students accused of CSGBV. Most recently, in November 2018, U.S. Secretary of Education, Betsy DeVos submitted a proposed rule change to the regulation of Title IX of the Education Amendments of 1972. This article provides the historical context for this most recent proposed federal regulation of CSGBV and discusses the criticism of this proposal that, if it is implemented, students would become less safe in the ivory tower.     

What do forensic analysts consider relevant to their decision making?

In response to research demonstrating that irrelevant contextual information can bias forensic science analyses, authorities have increasingly urged laboratories to limit analysts' access to irrelevant and potentially biasing information (Dror and Cole (2010) [3]; National Academy of Sciences (2009) [18]; President's Council of Advisors on Science and Technology (2016) [22]; UK Forensic Science Regulator (2015) [26]). However, a great challenge in implementing this reform is determining which information is task-relevant and which is task-irrelevant. In the current study, we surveyed 183 forensic analysts to examine what they consider relevant versus irrelevant in their forensic analyses. Results revealed that analysts generally do not regard information regarding the suspect or victim as essential to their analytic tasks. However, there was significant variability among analysts within and between disciplines. Findings suggest that forensic science disciplines need to agree on what they regard as task-relevant before context management procedures can be properly implemented. The lack of consensus about what is relevant information not only leaves room for biasing information, but also reveals foundational gaps in what analysts consider crucial in forensic decision making.     

Three cheers for liberal modesty

ABSTRACT

Many liberals have been immodest in postulating that their own progressive, secular liberalism is the only one that can be justified in public reason. In Liberalism’s Religion, I articulate a more modest theory of liberalism and religion. While I personally endorse progressive secular liberalism, I argue that it is only one of the reasonable conceptions of liberal justice. This liberal modesty has profound, hitherto unnoticed implications for (i) the role of religious arguments in the public sphere, (ii) the legitimacy of religious establishment, and (iii) the justifiability of religious exemptions. In this article, I defend these three claims by providing replies to my critics.     

Congressional Vote Options

Numerous accounts reveal that congressional leaders often secure “hip‐pocket votes” or “if you need me” pledges from rank‐and‐file legislators. These are essentially options on votes. Leaders exercise sufficient options—pay legislators to convert to favorable votes—when those options will yield victory. Otherwise, they release the options. A model shows that this optimal strategy for leaders produces many small victories, few small losses, and losses that are, on average, larger than victories. We find precisely these patterns, hence strong evidence for vote options, in Congressional Quarterly key votes from 1975 through 2001 and in non‐key votes from the 106th Congress (1999–2000).     

Crime and justice in the context of resource scarcity

This concept paper presents a theory of environmental scarcity developed byHomer-Dixon. Homer-Dixon developed a model to describe the consequences of scarcity for sub-national violence in third world countries. This paper hasfour interrelated purposes. First, it presents the model of scarcity developedby Thomas Homer-Dixon in 1999. Second, it assesses the way in which the scarcity model contextualizes criminal justice and criminology research, andby extension, how research in crime and justice processes can broaden the scarcity model. Third, it applies elements of the model to the United States,a goal that represents a generalization of the model from third-world to first-world settings. Fourth, it presents a particular case, the migrationof African-Americans from the rural South to urban centers in the 1950s and1960s and consequent inner-city violence in the 1960s, that displays manyelements of the environmental scarcity model.     

'Tangential Relation' criterion clears way for infringement of amended patent claim under doctrine of equivalents

Prosecution history estoppel generally bars patent infringementunder the doctrine of equivalents when a claim is narrowed byamendment during examination, but the ‘tangential relation’criterion preserves that doctrine when the claim is narrowedin a manner unrelated to the particular equivalent which, itis alleged, infringes the patent.     

Pensions, Politics, and Judicial Tenure: An Empirical Study of Federal Judges, 1869-2002

When Article III judges conclude active service, they effectivelyabdicate their seat and enable the president and Senate to selecta successor. Some judicial scholars have concluded that politicalfactors—both within and across institutions—largelyinfluence this decision. Analyzing judicial turnover, year byyear, this article finds that judges have increasingly synchronizedtheir departure from active service with qualifying for theirjudicial pension. By comparison, political and institutionalfactors appear to have little influence on turnover rates. Thesefindings contradict much of the existing scholarship on judicialturnover and also offer more viable alternatives for judicialreform.