Sexual Assault: What's Title IX Got to Do with It?

Sexual assault is a heinous crime that for decades had failed to receive needed attention on college campuses across the country.¹1. Nancy Chi Cantalupo, “Burying Our Heads in the Sand: Lack of Knowledge, Knowledge Avoidance, and the Persistent Problem of Campus Peer Sexual Violence,” 43 Loy. U. Chi. L.J. (2011) 205, 214–17.View all notes That changed on April 4, 2011, when the Department of Education's (ED) Office of Civil Rights (OCR) issued a “Dear Colleague” letter (DCL) on sexual harassment and violence, which purported to clarify “Title IX's requirements related to student-on-student sexual harassment, including sexual violence, and explains schools' responsibility to take immediate and effective steps to end sexual harassment and sexual violence.”²2. Russlynn Ali, Assistant Secretary for Civil Rights, “Dear Colleague Letter from Assistant Secretary for Civil Rights,” Office for Civil Rights, U.S. Department of Education. Office of the Assistant Secretary, April 4, 2011, http://www2.ed.gov/about/offices/list/ocr/letters/colleague-201104_pg2.html. All subsequent references to this letter will refer to Ali, Sexual Assault Guidance, 2011.View all notes The intent of the letter to mete out swift justice for sexual assault survivors and to punish perpetrators and negligent institutions became immediately clear as the number of schools under OCR investigation began to swell. In response, colleges and universities have instilled a vast machinery of administrative procedures to adhere to the new requirements. At last count the OCR was conducting more than 300 investigations of nearly 200 colleges and school districts for the handling of sexual harassment and assault under Title IX.³3. Tyler Kingkade, “There Are Far More Investigations of College Campuses under Title IX than Most People Know,” Huffington Post, June 16, 2016, http://www.huffingtonpost.com/entry/title-ix-investigations-sexual-harassment_us_575f4b0ee4b053d433061b3d.View all notes     

Human Rights and the Pink Tide in Latin America: Which Rights Matter?

Latin America witnessed the election of ‘new Left’ governments in the early 21^st century that, in different ways, sought to open a debate about alternatives to paradigms of neoliberal development. What has this meant for the way that human rights are understood and for patterns of human rights compliance? Using qualitative and quantitative evidence, this article discusses how human rights are imagined and the compliance records of new Left governments through the lens of the three ‘generations’ of human rights — political and civil, social and economic, and cultural and environmental rights. The authors draw in particular on evidence from Andean countries and the Southern Cone. While basic civil and individual liberties are still far from guaranteed, especially in the Andean region, new Left countries show better overall performances in relation to socio‐economic rights compared to the past and to other Latin American countries. All new Left governments also demonstrate an increasing interest in ‘third generation’ (cultural and environmental) rights, though this is especially marked in the Andean Left. The authors discuss the tensions around interpretations and categories of human rights, reflect on the stagnation of first generation rights and note the difficulties associated with translating second and third generation rights into policy.     

What's nature got to do with it? A situated historical perspective on socio-natural commodities

Nature(s) have been commodified since the early days of capitalism, but through processes and socio-natural relationships mediated by their times, histories and localities. While the conditions under which nature's commodities are being trademarked today may be new, their potential for commodification is not. Commodifications of nature should not come as a surprise to environmental social scientists and activists. In this article, I argue that commodification of ‘nature's products, places and processes’ produces new sorts of socio-natures. Situated histories of rubber are particularly relevant because, like carbon, ecosystem services and other recently commodified natures, rubber sits comfortably on the line between a fictitious commodity and a commodity produced explicitly for market: the latex alone has almost no use value, and to give it any exchange value, it requires processing. Yet analytically, it is still considered a ‘natural commodity’, different from ‘synthetic rubber’ and other tradable tree latexes in qualities and socio-natural characteristics. However, it is the social relations constituting rubber's production and trade in various rainforest and agro-forestry environments that have given it a positive or negative connotation, rather than its natural properties or the ecological contexts within which it has been produced. By situating rubber in three of its globally important temporal and spatial contexts, I show how it has been subjected to fairy-tale-like stories that masked and naturalized its commodity lives of the moment. Understanding how history is told or remains untold is thus an essential part of the politics of knowledge production, but also of human experience and mobilization for change. It should be part of any political ecology analysis.     

What's Happened to the Watchful Eye?

This article reports results of a follow-up study to my book Keeping a Watchful Eye (1990), updating it with data from the 1990s. It examines whether congressional oversight has increased or decreased relative to earlier periods, how the variables that predicted oversight behavior in the period from 1961 to 1983 worked in later years, why changes have occurred, and what they mean. It also examines whether there was something distinctive about oversight in the 1990s when Republicans dominated both chambers. Results indicate that the amount of primary-purpose oversight continues to be quite high and that the model developed in the book to explain committee oversight behavior remains remarkably effective. What has changed is a large drop in legislative hearings and meetings (where oversight behavior often occurs), something that the data show actually predates the Republican 104th Congress. However, the Republican takeover did lead to a more oppositional oversight context–to more oversight hostile to the basic goals of programs and agencies.     

What's the good of post-analytic philosophy?

Analytic philosophy began in G.E. Moore's critique of idealist accounts of reality, implicating as dilemmatic F.H. Bradley's identification of the good with self-realization. Neither the tradition of British idealism nor the successor tradition of analytic metaethics was able to sustain the salience previously enjoyed by the concept of good. The essay's second part analyzes Alasdair MacIntyre's account of that longer tradition, and his argument that Aristotelianism's conceptual scheme provides the best solution to modern moral philosophy's dilemma about the human good.     

What's the good of post-analytic philosophy?

Analytic philosophy began in G.E. Moore's critique of idealist accounts of reality, implicating as dilemmatic F.H. Bradley's identification of the good with self-realization. Neither the tradition of British idealism nor the successor tradition of analytic metaethics was able to sustain the salience previously enjoyed by the concept of good. The essay's second part analyzes Alasdair MacIntyre's account of that longer tradition, and his argument that Aristotelianism's conceptual scheme provides the best solution to modern moral philosophy's dilemma about the human good.     

A Narrative Policy Framework: Clear Enough to Be Wrong?

Narratives are increasingly subject to empirical study in a wide variety of disciplines. However, in public policy, narratives are thought of almost exclusively as a poststructural concept outside the realm of empirical study. In this paper, after reviewing the major literature on narratives, we argue that policy narratives can be studied using systematic empirical approaches and introduce a “Narrative Policy Framework” (NPF) for elaboration and empirical testing. The NPF defines narrative structure and narrative content. We then discuss narrative at the micro level of analysis and examine how narratives impact individual attitudes and hence aggregate public opinion. Similarly, we examine strategies for the studying of group and elite behavior using the NPF. We conclude with seven hypotheses for researchers interested in elaborating the framework.     

Human Rights: A New Standard of Civilization?

This is an edited text of the fifth John Vincent Memorial Lecture delivered at the University of Keele on 9 May 1997 in which Jack Donnelly attacks the still common scepticism about international human rights - although from an unorthodox angle.     

Human Rights and Multinationals: Is there a Problem?

In recent years interested individuals and pressure groups have expressed considerable concern over the alleged complicity of multinational enterprises (MNEs) in violations of human rights. While such allegations are not historically unprecedented, the context in which they arise has changed. In particular, the increased integration of the global economy has created a perception that MNEs should take more responsibility for the social dimension of their actions, a perception that enterprises themselves have in part accepted through inter alia the issuing codes of corporate conduct. Furthermore, the rise of identity and lifestyle politics has made MNEs, as purveyors of products and services that help to define consumer lifestyles, a target of concern. These changes have significant implications for the evolution of human rights theory. In particular, they require a shift in the traditional view that corporations can only be victims of violations of human rights committed by states, towards one that extends responsibility for the commission, prevention and avoidance of such violations to MNEs themselves. On the other hand, there exist strong arguments against such an extension of human rights responsibilities. In particular, it is said that MNEs should only be responsible for the conduct of their business and should not be forced to involve themselves in such wider social issues. They are also private law entities and so should not possess the same responsibilities as states. This articles posits that such arguments in favour of extension, though strong and likely to remain influential, cannot answer the need for an extension of responsibility for human rights violations to MNEs where appropriate, on the basis that any attack on human dignity, whatever that legal nature and functions of its originator, must be liable to legal sanction. The technical legal means by which this might be done are considered. None the less, the article ends with a caution that any extension of human rights responsibilities to MNEs must not be allowed to deflect attention from the primary responsibility of states, as the most likely perpetrators of human rights violations, to avoid human rights violations on their own part and to establish a legal order in which the risk of such violations committed by private entities can be minimized, whether through effective national regulatory laws or international agreements on standards of corporate conduct.     

High Court Review 2010: The Resurgence of Rights?

In 2010 the High Court delivered several judgments with potentially significant implications for the protection of human rights in Australia. It invoked the doctrine of the implied constitutional freedom of communication in Aid/Watch; found that offshore processing of asylum seekers must comply with procedural fairness and natural justice; invalidated elements of the SA government's control order scheme as it encroached on the independence of the judiciary; and invalidated amendments to electoral laws that shortened the period for enrolment. In this review we evaluate the implications of these decisions in the wider context of the protection of human rights in Australia. We argue that while these decisions have made an important contribution to restating the boundaries of rights protection, there are significant limitations in relying on judicial review as a mechanism of rights protection within the Australian constitutional framework.     

Was James Madison Ever for the Bill of Rights?

Abstract

This article revisits the question whether James Madison believed the Bill of Rights improved the Constitution. In particular, it asks whether the evidence supports the argument that Madison was persuaded that bills of rights serve an important educative function in constitutional government. It concludes that the evidence does not support this argument and suggests that Madison did not believe that the Bill of Rights improved the Constitution.     

What's Missing? Gender,Reason and the Post-Secular

Abstract

This article considers whether contemporary debate about the "post-secular" has overlooked the extent to which, as a concept or epoch, it may be "gendered." Jürgen Habermas has suggested that there is something "missing" from secular reason in the shape of transcendental and metaphysical values; but I will contend that the debate is in danger of neglecting the central role of gender—so integral to the conceptual and political formation of modernity—in any rethinking of the symbolic of the post-secular. As feminist theorists have long been reminding us, many of the same processes that gave birth to modernity's elevation of public reason, impartial and non-contingent subjectivity, and models of the free, self-actualizing autonomous agent facilitated by the formation of liberal democracy, were not actually neutral or universal; but highly gendered. They rested on binary representations of women and men's differential nature; and they conceived of differential and gendered division of labour which often precluded women's claiming full humanity, let alone full and active citizenship. So gender, and women, are also in danger of disappearing from this new post-secular chapter in the debate about religion, politics and identity. This article examines how this omission might be corrected, and will outline what might be some of the most significant issues at stake.     

Does Believing Homosexuality Is Innate Increase Support for Gay Rights?

Why are Americans who believe homosexuality is innate more likely to support the rights of lesbians, gay men, and bisexuals (LGBs)? Attribution theory suggests that people are more likely to support LGB rights if they do not blame LGBs for their sexual orientation. Alternatively, moral condemnation of homosexuality may lead both to belief that homosexuality is a choice and opposition to LGB rights, while acceptance of LGB rights may lead to a belief in a biological basis for homosexuality as part of a constellation of tolerant beliefs. Using logit analysis on individual‐level data from 24 national surveys conducted since 1977, I find that the link between belief in a biological basis for homosexuality and support for LGB rights is strong and growing for almost all groups on almost all issues. The reason may have more to do with people shaping their origin beliefs to match their political and religious values, than with origin beliefs affecting support for LGB rights.