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Online Essay, September 2016, James Gately California Law Review Online Essay, September 2016, James Gately California Law Review

<em>Caetano</em>: A Dangerous Misreading of Unusual in <em>Heller</em>

The Supreme Court addressed the scope of the Second Amendment in a pair of opinions, Heller and McDonald, that moved the nexus of judicial review away from antiquated notions of an arm’s reasonable relation to the militia towards a modernized conception of an arm’s relationship to the individual right of self-defense. The opinions, though steeped deeply in historical…

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Online Essay, September 2016, Suzanne B. Goldberg California Law Review Online Essay, September 2016, Suzanne B. Goldberg California Law Review

Is There Really a Sex Bureaucracy?

This essay identifies several features of the higher-education context that can enrich The Sex Bureaucracy‘s account of why colleges and universities have adopted new policies and trainings to address sexual assault on their campuses. These features include: 1) schools’ preexisting systems for addressing student conduct; 2) the shared interest of schools in reducing impediments to…

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Online Essay, September 2016, Deborah L. Brake California Law Review Online Essay, September 2016, Deborah L. Brake California Law Review

The Trouble with “Bureaucracy”

Despite heightened public concern about the prevalence of sexual assault in higher education and the stepped-up efforts of the federal government to address it, new stories from survivors of sexual coercion and rape, followed by institutional betrayal, continue to emerge with alarming frequency. More recently, stories of men found responsible and harshly punished for…

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The Joy of Sex Bureaucracy

This essay responds to The Sex Bureaucracy, in which Jacob Gersen and Jeannie Suk condemn regulations of sexual conduct they see metastasizing on college campuses, pursuant to Title IX’s mandate for equal educational opportunities in institutions receiving federal funds. We focus on the authors’ most trenchant critique, which slams efforts to teach sexual health principles…

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