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.     

市场秩序的产权制度基础

市场竞争并不必然导致市场秩序的紊乱。市场竞争中出现损人利己后果的重要原因是在不完善的市场条件下,市场主体实施机会主义行为的收益大于成本,从而出现市场秩序的紊乱。完善市场秩序要通过深化改革完善市场经济,其核心就是产权制度改革。产权制度的主要功能就是通过权利的界定来明确当事人从事某项交易活动的预期收益,从而规范市场交易行为。计划经济向市场经济转变的核心就是资源配置的等级规则向产权规则的演变。因此,产权关系明晰化就成为形成公平竞争市场秩序的基本制度条件。     

所有权保留式分期付款买卖风险的法律克服

信用经济促成了分期付款和所有权保留的紧密结合,但由于我国目前相关理论研究的缺位及立法的薄弱,实践中的一些问题难以得到妥善的解决,这就呼吁学界在法律制度设计层面上进行探讨,以期对之加以克服。     

Sexual Assault Policies and Consent Definitions: A Nationally Representative Investigation of U.S. Colleges and Universities

ABSTRACT

Campus sexual assault (SA) policies and sexual consent definitions have not been widely studied. The study team conducted a nationally representative review of college and university websites (n = 995), assessing the prevalence of publicly accessible online policies and definitions and examining associations with school characteristics. A content analysis was performed on a subsample (n = 100) of consent definitions. Most schools (93.0%) had an SA policy and consent definition (87.6%) available online. Schools were more likely to have a policy or consent definition if they were large (≥5,000 students), public, or had a female enrollment of ≥33%. Detail and comprehensiveness of definitions varied. Findings highlight opportunities for schools—especially small schools, private schools, and those with more male students—to increase access to SA policies and consent definitions.     

对《刑法修正案（七）》第八条的理解与适用

《刑法修正案（七）》第八条将组织未成年人进行盗窃、诈骗、抢夺、敲诈勒索等违反治安管理活动的行为规定为犯罪,文章在罪名、客观行为方面以及此罪与彼罪的区分等问题上作了分析,以期更准确地理解和适用这一条款。     

Medical data breaches: Notification delayed is notification denied

The EU and the United States have implemented data breach notification rules that cover the health sectors. Nevertheless, data breach incidents involving medical data continue to rise, especially in the US and the UK. The HITECH Act, Pub. L. 111-5 Title XIII is the first federal health breach notification law in the US to be characterized by less government intrusions, while the revised EU Privacy Directive, 2009/136/EC calls for tougher privacy protection for data held by electronic communication providers. While the EU law sets a global de facto standard, the law remains toothless without strong enforcement mechanisms.     

Recasting Title IX: Addressing Gender Equity in the Science,Technology, Engineering,and Mathematics Professoriate

Questions of gender equity and the underrepresentation of women in the science, technology, engineering, and mathematics (STEM) professoriate in U.S. institutions of higher education have become central issues in debates on the role and makeup of the STEM workforce in today's innovation‐driven economy. In response, policy makers, advocacy groups, academics, and other stakeholders have called for the dedicated enforcement of Title IX of the Education Amendments of 1972 as a tool for combating gender inequities in the academic workforce. Although previously applied primarily to gender bias in athletic programs and participation, Title IX was created to address myriad aspects of gender equity in educational institutions and, as such, currently is being invoked in the realm of STEM academic employment. Accordingly, we analyze Title IX relative to categories of potential regulatory development in light of the policy environment and related dynamics. Providing an historical overview of Title IX and its associated regulations as background, we characterize and delineate its relevance to gender disparities in the STEM professoriate, identifying areas for policy consideration and future application.     

Predictors of Initial Court Agreement and 1‐Year Relitigation in Title IV‐D Contested Paternity Cases

We examined potential predictors of initial court agreement and 1‐year relitigation in a sample of contested paternity cases involving unmarried parents coming to court to establish paternity, child support, and other issues. Cases participated in an RCT of a parent program and of a waiting period between establishment of paternity and court hearing. We controlled for RCT study factors and used baseline assessment data to predict likelihood of reaching full agreement in the initial court hearing and relitigation in the following year. Findings suggest that cases in which parents get along better outside of court are more likely to reach agreement and less likely to return to court. Additionally, particular parent demographics predict lower likelihood of reaching initial agreement (e.g., parents are non‐White, father earns below $10,000 yearly), more relitigation (e.g., parents are non‐White, mother earns above $10,000 yearly, father has children with others), and less relitigation (e.g., father earns above $10,000 yearly). Child demographics and most parent relationship characteristics did not predict outcomes. We discuss findings and offer suggestions for court interventions.     

“I was prepared for the worst I guess”: stayers’ and leavers’ perceptions of their Title IV-E education

ABSTRACT

Child welfare workforces across the nation are experiencing high turnover and have for decades. The chronic cost of turnover makes efforts to increase retention crucial. The Title IV-E education stipend program is one way that many states employ to improve their child welfare worker tenure. Through qualitative interviews, this study examines Title IV-E graduates’ experiences and perceptions of preparedness for working in child welfare agencies. Examining how the responses of stayers and leavers differ and assessing similarities collectively can inform educational and agency enhancements to improve services, as well as worker competence and retention.     

The role of Title IV-E education and training in child protection workforce diversification

ABSTRACT

Educating, training, and diversifying the workforce are strategies that may help reduce racial/ethnic disparities that plague child protection system (CPS). Title IV-E education and training programs support the development of a specially trained, highly skilled workforce; yet, little research examining their impact on workforce diversification exists. The current study assessed the relationship between Title IV-E education and training and workforce diversity and leadership in a state system that is plagued with racial disparities using data from a statewide child welfare survey (n = 679) and existing population-level sources. Findings revealed that while children of color were disproportionately overrepresented in the CPS, professionals of color were disproportionately underrepresented (as compared to the state’s overall population and the population of children served within CPS). Title IV-E education and training programs were associated with both child protection workforce diversity and CPS leadership roles. Implications for recruitment, retention, education, and partnership are discussed.