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August 25, 2017|Catherine MacKinnon, Davis v. Monroe County Board of Education, Gebser v. Lago Vista Independent School District, Office of Civil Rights, Sexual Assault, sexual harassment, Title IX

The Sex Bureaucrats Are Dug In

by R. Shep Melnick|

A scene from Orson Welles 1962 film The Trial, an adaptation of Franz Kafka's novel.

Secretary Betsy DeVos recently announced that the Department of Education’s Office for Civil Rights will review the controversial Title IX guidelines on sexual assault and other forms of sexual harassment disseminated by the Obama administration. The new leadership at OCR has already made an important change in enforcement policy: no longer does it follow the 2014-2016 strategy of turning every sexual violence complaint filed by an individual into a well-publicized compliance review of the entire educational institution in question.

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January 24, 2017|Davis v. Monroe County Board of Education, Office of Civil Rights, Sexual Assault, Title IX

Restoring the Rights of the Accused

by Nelson Lund|

Dear Colleague Letter from the Department of Education Office of Civil Rights decreased legal protection for those accused of sexual assault on college campuses.

False accusations of rape are no joke. Just ask the Duke lacrosse team or the University of Virginia fraternity brothers who were smeared in Rolling Stone magazine. Such high-profile travesties of justice are the tip of an iceberg that has now been documented in detail by KC Johnson and Stuart Taylor, Jr.

The atmosphere on many American campuses is thick with intimidation of anyone who might dissent from a poisonous version of feminist orthodoxy. Strident accusations and demands would not have been enough, though, without widespread acquiescence in politically driven lies about sexual assault. College bureaucrats, the media, and cowardly politicians, including some very prominent Republicans, have all contributed to a culture in which simple procedural fairness is treated as though it were part of a “war on women.” This problem will not be solved with a stroke of anyone’s pen. But some significant steps can be taken very expeditiously by the Trump administration.

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Book Reviews

A Mirror of the 20th-Century Congress

by Joseph Postell

Wright undermined the very basis of his local popularity—the decentralized nature of the House—by supporting reforms that gave power to the party leaders.

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The Graces of Flannery O'Connor

by Henry T. Edmondson III

O'Connor's correspondence is a goldmine of piercing insight and startling reflections on everything from literature to philosophy to raising peacocks.

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Liberty Classics

Rereading Politica in the Post-Liberal Moment

by Glenn A. Moots

Althusius offers a rich constitutionalism that empowers persons to thrive alongside one another in deliberate communities.

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James Fenimore Cooper and the American Experiment

by Melissa Matthes

In The American Democrat, James Fenimore Cooper defended democracy against both mob rule and majority tyranny.

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Podcasts

Stuck With Decadence

A discussion with Ross Douthat

Ross Douthat discusses with Richard Reinsch his new book The Decadent Society.

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Can the Postmodern Natural Law Remedy Our Failing Humanism?

A discussion with Graham McAleer

Graham McAleer discusses how postmodern natural law can help us think more coherently about human beings and our actions.

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Did the Civil Rights Constitution Distort American Politics?

A discussion with Christopher Caldwell

Christopher Caldwell discusses his new book, The Age of Entitlement.

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America, Land of Deformed Institutions

A discussion with Yuval Levin

Yuval Levin pinpoints that American alienation and anger emerges from our weak political, social, and religious institutions.

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About

Law & Liberty’s focus is on the classical liberal tradition of law and political thought and how it shapes a society of free and responsible persons. This site brings together serious debate, commentary, essays, book reviews, interviews, and educational material in a commitment to the first principles of law in a free society. Law & Liberty considers a range of foundational and contemporary legal issues, legal philosophy, and pedagogy.

The opinions expressed on Law & Liberty are solely those of the contributors to the site and do not reflect the opinions of Liberty Fund.
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