Podcasts about shep melnick

Originally Recorded April 7th, 2025 About Professor R. Shep Melnick: https://www.bc.edu/bc-web/schools/morrissey/departments/political-science/people/faculty-directory/r-shep-melnick.htmlCheck out Professor Melnick's article in Quillette, titled The Political Foundations of the DOGE Scam: https://quillette.com/2025/03/11/the-political-foundations-of-the-doge-scam-trump-elon-musk/ This is a public episode. If you would like to discuss this with other subscribers or get access to bonus episodes, visit musicallyspeaking.substack.com

Listeners want to know from John: did Justice Clarence Thomas let us down with his ruling in this week's 7 - 2 decision upholding the unique funding structure of Elizabeth Warren's Consumer Finance Protection Bureau (CFPB), which she designed precisely to avoid congressional control as much as possible? John says no, and makes a persuasive three-part case for why Thomas's opinion is thoroughgoing originalism, and good history to boot. If we want to get rid of Warren's regulatory handiwork (AND WE DO!), it will be to be done directly by Congress, rather than indirectly by the courts.This week also marked the 70th anniversary of the Brown v. Board of Education decision, which we have deplored before on account of the poor reasoning for the halfway right result, but a our Article of the Week from our friend Shep Melnick of Boston College draws our attention to some ongoing ambiguities of Brown that still afflict our civil rights law. You'd think after 70 years we might have figured it out, but no—and worse, the ambiguity is likely on purpose, because it suits the shifting strategy and tactics of the identitarian left.Other topics covered briefly this week include the collapsing case against Trump in Manhattan, Trump's VP sweepstakes (you can scratch Kristi Noem from the list), the latest Sports Illustrated swimsuit edition and King Charles's ghastly portrait (hard to say which is worse here), Harrison Butker's cultural butt kick, and, finally, how to devise some tests to judge whether higher education is truly reversing its multi-decade slide into pernicious leftism.

Biden's new DEI initiatives ... The disparate uses of disparate impact ... Shep's new book, The Crucible of Desegregation: The Uncertain Search for Educational Equality ... The problem with claims that education is resegregating ... Are we heading back to the bussing debates of the 1970s? ... Shep's book, The Transformation of Title IX: Regulating Gender Equality in Education ... Glenn's “uncle” objects to analogies between trans people and African Americans ... Shep: Banning Critical Race Theory is the wrong strategy ...

Biden's new DEI initiatives … The disparate uses of disparate impact … Shep's new book, The Crucible of Desegregation: The Uncertain Search for Educational Equality … The problem with claims that education is resegregating … Are we heading back to the bussing debates of the 1970s? … Shep's book, The Transformation of Title IX: Regulating […]

Biden's new DEI initiatives ... The disparate uses of disparate impact ... Shep's new book, The Crucible of Desegregation: The Uncertain Search for Educational Equality ... The problem with claims that education is resegregating ... Are we heading back to the bussing debates of the 1970s? ... Shep's book, The Transformation of Title IX: Regulating Gender Equality in Education ... Glenn's “uncle” objects to analogies between trans people and African Americans ... Shep: Banning Critical Race Theory is the wrong strategy ...

The Thomas P. O'Neill, Jr. Professor of American Politics at Boston College, R. Shep Melnick, joins Paul E. Peterson to discuss Melnick's latest book, The Crucible of Desegregation: The Uncertain Search for Educational Equality, and the state of racial segregation today. The Crucible of Desegregation: The Uncertain Search for Educational Equality is available now from The University of Chicago Press. https://press.uchicago.edu/ucp/books/book/chicago/C/bo194238421.html

Shep Melnick is the Thomas P. O'Neill, Jr. Professor of American Politics at Boston College and co-chair of the Harvard Program on Constitutional Government. Henry and Shep Melnick speak about the current crisis in America's higher education, Melnick's research on Title IX, the regulation of gender equality in higher education and Melnick's latest book. 

This week we are joined by Shep Melnick to discuss Title IX's origin and how it's interpretation has transformed over time. Recommendations: Seeing like a State: How Certain Schemes to Improve the Human Condition Have Failed by James C. Scott Counting: How We Use Numbers to Decide What Matters by Deborah Stone On Thinking Institutionally (On Politics) by Hugh Heclo Sexual Assault on Campus: Defending Due Process by Tamara Rice Lave Terri Schiavo case

This is an abridged, 15-minute excerpt of my conversation with Boston College professor of political science Shep Melnick posted for paid subscribers only. Become a paid subscriber to hear the rest of this episode, read the transcript, and maintain access to a growing archive of independent study sessions.This is the fourth episode in the Syllabus series, wherein I do a deep dive into a subject with an academic expert.R. Shep Melnick, Thomas P. O'Neill, Jr. Professor of American Politics at Boston College and co-chair of the Harvard Program on Constitutional Government, has put together a syllabus of readings that we will be working through on the subscriber-only Syllabus podcast series. Every few weeks we'll do another reading together.This week, we're discussing Samuel Huntington, American Politics: The Promise of Disharmony (Harvard University Press, 1983), chs. 1-3.Next episode we will be reading: Alexis de Tocqueville's Democracy in America, trans. and ed, Delba Winthrop and Harvey C. Mansfield (University of Chicago Press, 2000), Vol. II, Part I, chs. 1-2; Part II, chs. 1-8; Part IV, ch. 6. This is a public episode. If you'd like to discuss this with other subscribers or get access to bonus episodes, visit wesleyyang.substack.com/subscribe

This is an abridged, 20-minute excerpt of the interview with Boston College professor of political science Shep Melnick posted for paid subscribers only. Become a paid subscriber to hear the rest of this episode and maintain access to a growing archive of independent study sessions.This is the third episode in the Syllabus series, wherein I do a deep dive into a subject with an academic expert.R. Shep Melnick, Thomas P. O'Neill, Jr. Professor of American Politics at Boston College and co-chair of the Harvard Program on Constitutional Government, has put together a syllabus of readings that we will be working through on the subscriber-only Syllabus podcast series. Every 3-4 weeks we'll do another reading together.This week, we're discussing Hugh Heclo's essay “The Sixties' False Dawn: Awakenings, Movements, and Postmodern Policymaking,” Journal of Policy History, vol. 8, 1996.Become a paid subscriber and get a head start on our next reading: Samuel Huntington, American Politics: The Promise of Disharmony (Harvard University Press, 1983), chs. 1-3. This is a public episode. If you'd like to discuss this with other subscribers or get access to bonus episodes, visit wesleyyang.substack.com/subscribe

This is an abridged, 30-minute excerpt of the interview with Boston College professor of political science Shep Melnick posted yesterday for paid subscribers only. It is the second episode of the subscriber-only Syllabus series. Become a paid subscriber to hear the rest of this episode and maintain access to a growing archive of independent study sessions.This is the second episode in the Syllabus series, wherein I do a deep dive into a subject with an academic expert.R. Shep Melnick, Thomas P. O'Neill, Jr. Professor of American Politics at Boston College and co-chair of the Harvard Program on Constitutional Government, has put together a syllabus of readings that we will working through on the subscriber-only Syllabus podcast series. Every 3-4 weeks we'll do another reading together.This episode we discuss Robert A. Kagan's essay “Adversarial Legalism and American Government.”Other readings mentioned in this episode: Lloyd A. Free and Hadley Cantril's 1967 book The Political Beliefs of Americans: A Study of Public OpinionJonathan Rauch's Jul/Aug 2016 article in The Atlantic, "How American Politics Went Insane" Daniel P. Moynihan's Iron Law of Emulation theory in "Imperial Government." Commentary, Jun. 1978Jamal Greene's 2021 book How Rights Went Wrong: Why Our Obsession with Rights Is Tearing America ApartNext episode we will be reading Hugh Heclo, “The Sixties' False Dawn: Awakenings, Movements, and Postmodern Policymaking,” Journal of Policy History, vol. 8, 1996.A full transcript of our conversation is available for paid subscribers. Listen on Substack or subscribe wherever you listen to podcasts: Apple | Spotify | Google | RSS. This is a public episode. If you'd like to discuss this with other subscribers or get access to bonus episodes, visit wesleyyang.substack.com/subscribe

Title IX turns 50 this year. But the Biden Administration's forthcoming regulations threaten to twist the landmark legislation beyond recognition. Jennifer and Inez are joined by R. Shep Melnick, professor of political science at Boston College, and Candice Jackson, former Deputy General Counsel at the Department of Education for this spirited discussion.--Hosted by Inez Stepman of Independent Women's Forum and Jennifer Braceras of Independent Women's Law Center, At The Bar is virtual happy hour conversation about issues at the intersection of law, politics, and culture.You can find the latest At The Bar episodes wherever you get your podcasts, on YouTube, or on iwf.org. Then subscribe, rate, and share with your friends.Independent Women's Forum (IWF) believes all issues are women's issues. IWF promotes policies that aren't just well-intended, but actually enhance people's freedoms, opportunities, and choices. IWF doesn't just talk about problems. We identify solutions and take them straight to the playmakers and policy creators. And, as a 501(c)3, IWF educates the public about the most important topics of the day.Independent Women's Law Center advocates for equal opportunity, individual liberty, and respect for the American constitutional order.Check out our website for more information on how policies impact you, your loved ones, and your community: www.iwf.org.Subscribe to IWF's YouTube channel.Follow IWF on social media: - on Twitter- on Facebook- on Instagram#IWLC #AtTheBar #IWlaw #IWF Hosted on Acast. See acast.com/privacy for more information.

This is an abridged, 20-minute excerpt of the original, one hour and twenty-five minute interview with Boston College professor of political science Shep Melnick posted yesterday for paid subscribers only. It is the first episode of the subscriber-only Syllabus series. Become a paid subscriber to hear the rest of this episode and maintain access to a growing archive of independent study sessions. This is the inaugural episode of the Syllabus series, wherein I do a deep dive into a subject with a distinguished academic who provides me with a syllabus and does an independent study with me that will be posted at Year Zero for paid subscribers. Each episode will begin with a short lecture on the assigned reading, followed by a discussion in which I act as surrogate for the audience.Here I am talking to Boston College law professor Shep Melnick about his book, The Transformation of Title IX, which is a kind of Rosetta Stone of the legal and administrative regime that serves as the font from which Successor Ideology flows. It is one of the most important single works for those seeking an understanding of the intellectual history of the Road to Year Zero.Next episode we'll be reading Robert A. Kagan's essay “Adversarial Legalism and American Government.”A full transcript of our conversation is available for paid subscribers. Listen on Substack or subscribe wherever you listen to podcasts: Apple | Spotify | Google | RSS. This is a public episode. If you'd like to discuss this with other subscribers or get access to bonus episodes, visit wesleyyang.substack.com/subscribe

In a recent essay, Shep Melnick, a distinguished scholar of American politics at Boston College, writes: Few federal laws have achieved their initial objective more completely than Title IX of the Education Amendments of 1972. Yet today Title IX is more controversial than ever before. The story of its evolution is a cautionary tale about how good intentions and broadly shared goals can become distorted over time by aggressive cultural combat, and how hard it can be to reverse the damage. In this Conversation, and expounding on themes addressed in his book The Transformation of Title IX: Regulating Gender Equality in Education, Melnick traces the transformation of Title IX from 1972 until the present. Conceived as an initiative that would prevent sex discrimination on campus, Title IX, as Melnick explains, became a catchall source for rules and regulations in higher education regarding sexual assault, sexual harassment, and offensive speech. Melnick argues that the Obama administration's heavy-handed approach to Title IX enforcement created serious threats to due process and free speech on campus. Melnick praises the more recent efforts of the Department of Education in the Trump administration to roll back some of these problematic guidelines. Finally, he considers why the Biden administration—and universities and colleges—are hesitant to return to the Obama-era policies.

In a recent essay, Shep Melnick, a distinguished scholar of American politics at Boston College, writes: Few federal laws have achieved their initial objective more completely than Title IX of the Education Amendments of 1972. Yet today Title IX is more controversial than ever before. The story of its evolution is a cautionary tale about how good intentions and broadly shared goals can become distorted over time by aggressive cultural combat, and how hard it can be to reverse the damage. In this Conversation, and expounding on themes addressed in his book The Transformation of Title IX: Regulating Gender Equality in Education, Melnick traces the transformation of Title IX from 1972 until the present. Conceived as an initiative that would prevent sex discrimination on campus, Title IX, as Melnick explains, became a catchall source for rules and regulations in higher education regarding sexual assault, sexual harassment, and offensive speech. Melnick argues that the Obama administration's heavy-handed approach to Title IX enforcement created serious threats to due process and free speech on campus. Melnick praises the more recent efforts of the Department of Education in the Trump administration to roll back some of these problematic guidelines. Finally, he considers why the Biden administration—and universities and colleges—are hesitant to return to the Obama-era policies.

In a recent essay, Shep Melnick, a distinguished scholar of American politics at Boston College, writes: Few federal laws have achieved their initial objective more completely than Title IX of the Education Amendments of 1972. Yet today Title IX is more controversial than ever before. The story of its evolution is a cautionary tale about […]

In a recent essay, Shep Melnick, a distinguished scholar of American politics at Boston College, writes: Few federal laws have achieved their initial objective more completely than Title IX of the Education Amendments of 1972. Yet today Title IX is more controversial than ever before. The story of its evolution is a cautionary tale about how good intentions and broadly shared goals can become distorted over time by aggressive cultural combat, and how hard it can be to reverse the damage. In this Conversation, and expounding on themes addressed in his book The Transformation of Title IX: Regulating Gender Equality in Education, Melnick traces the transformation of Title IX from 1972 until the present. Conceived as an initiative that would prevent sex discrimination on campus, Title IX, as Melnick explains, became a catchall source for rules and regulations in higher education regarding sexual assault, sexual harassment, and offensive speech. Melnick argues that the Obama administration's heavy-handed approach to Title IX enforcement created serious threats to due process and free speech on campus. Melnick praises the more recent efforts of the Department of Education in the Trump administration to roll back some of these problematic guidelines. Finally, he considers why the Biden administration—and universities and colleges—are hesitant to return to the Obama-era policies.

This conversation with Shep Melnick looks into the enforcement practices of the Office for Civil Rights in the Department of Education, one of the most powerful and secretive agencies in the administrative state. This agency caught the attention of many in 2011 when Russlynn Ali, Assistant Secretary for Civil Rights, sent a “Dear Colleague” letter […]

The Department of Education's proposed new Title IX regulations have generated over 72,000 comments and a lot of debate, especially the requirement that schools allow students who have filed sexual-assault complaints to be cross-examined. As the public comment period for the new rules is about to close, Shep Melnick joins Marty West to discuss how federal mandates on sexual harassment have evolved and what happens next. Melnick wrote about the proposed changes in "New Title IX Rules Require Hearings, Cross-Examinations in Colleges But Not High Schools." https://www.educationnext.org/new-title-ix-rules-require-hearings-cross-examinations-in-colleges-not-high-schools/

Boston College professor and Brookings scholar R. Shep Melnick on the New Civil Rights Debate

There's no better emblem of the complicated evolution of civil rights in America than the implementation of Title IX of the Education Amendments Act of 1972. Originally passed to ensure equal access to educational resources, Title IX reads as follows:“No person in the United States shall, on the basis of sex, be excluded from participation in, be denied the benefits of, or be subjected to discrimination under any education program or activity receiving Federal financial assistance.”Although a libertarian might bristle at Title IX's financial involvement in education, the statute otherwise seems innocuous — requiring nothing more than equal treatment for students, regardless of gender.Since the 1970s, however, women have not only achieved parity with men in college admissions, they have surpassed men in graduation rates. Thus, the purpose of Title IX seems largely to have been achieved.As the cultural landscape has changed, however, the focus of anti-discrimination efforts has also shifted. After omen could no longer claim discrimination at the admissions level, bureaucrats started to advocate in other areas like athletics, where men traditionally received more resources in accord with their greater interest in sports (especially at the elite level). Most people are familiar with Title IX's equalization of athletics, but in terms of peak controversy, this was a passing phase in the law's evolution.Now, educational institutions have become the prime battleground in a larger culture war that includes the debates over sexual harassment, due process, “rape culture,” and transgender rights. In 2016, Republicans argued that Title IX has been perverted “by bureaucrats — and by the [then] President of the United States — to impose a social and cultural revolution upon the American people.”How did the seemingly uncontroversial notion of non-discrimination has become such a lightning rod in the American culture war?R. Shep Melnick is a professor of American politics at Boston College, where he focuses on the intersection of law and politics. Melnick argues that the current enforcement of Title IX has transformed the act from its original intention by politically motivated bureaucrats. He recently wrote The Transformation of Title IX [@The Brookings Institution Press (2018)] as a response to the partisan vortex that has swallowed rational discourse about the law. Shep joined the show to discuss the problems of overly-zealous administrative lawmaking in the context of the Title IX debate.Dear Colleague: Due Process is DoneThe U.S. Department of Education's Office for Civil Rights (OCR) has the authority to issue new rules governing non-discrimination. The Administrative Procedure Act specifies that prior to a rule change, there must be a period for “notice-and-comment” by relevant parties in the educational institutions. The modern controversy hinges around a few legally questionable actions taken by the OCR in its administration of Title IX.In 2011, the Obama administration issued new “guidelines” on sexual harassment to federally-funded universities that bypassed the standard notice-and-comment requirements for such changes. The administration claimed its guidelines constituted mere “clarifications” of earlier policies. In contrast, statements from the administration suggested that it was a sweeping overhaul of the entire campus culture as it relates to sexual harassment complaints. The infamous “Dear Colleague Letter” — directed from the OCR to all universities receiving federal funds — specified that a single sexual harassment complaint could trigger a lengthy investigation of the institution — turning actual victims and the accused into pawns in the larger culture war.Worse, the letter required schools to use the lowest possible standard of evidence (a mere “preponderance”) in deciding the fate of the accused. While not an official criminal proceeding, these campus tribunals often determined whether a student would be marked for life as a sexual predator — effectively denying him his rights to “life, liberty and property” without due process.As K.C. Johnson and Stuart Taylor, authors of The Campus Rape Frenzy wrote on the Volokh Conspiracy blog last year:The letter required universities to allow accusers to appeal not-guilty findings, a form of double jeopardy. It further told schools to accelerate their adjudications, with a recommended 60-day limit. And, perhaps most important, OCR strongly discouraged cross-examination of accusers, given the procedures that most universities employed.— The path to Obama's Dear Colleague Letter, Jan. 31, 2017Perhaps most frighteningly, government publications began to lecture schools on what constitutes a healthy, mutually respectful sexual relationship. Bureaucrats this by redefining sexual harassment as a form of discrimination, but only when the act targets a member of a particular sex. Strangely, a bisexual who is an “equal opportunity” offender — targeting both men and women — does not fall under the purview of Title IX complaints.Melnick notes that the OCR's mandated “sea change,” coupled with the threat of losing federal funding, has given rise to a new bureaucracy of Title IX coordinators at every major university.The Transgender Transformation and Rule by LetterThe second questionable form of Obama-era administrative rule-making seems to have turned the intent of Title IX on its head. New guidelines redefined the word “sex” as it appears in the act to correspond to the gender identity of a student whose rights are being called into question. This legal maneuvering is particularly suspect since the term “gender identity” entered the lexicon as a way to distinguish one's identity from their biological sex.Morever, many Obama-era mandates (e.g., requiring colleges to allow biological males to use women's locker rooms), not only opened the door for novel claims of harassment and discrimination, but took administrative lawmaking to new heights (or depths) of absurdity.The Office of Civil Rights cannot reasonably resolve every discrimination and harassment issue in a sane and apolitical manner from its perch in Washington. President Trump has repealed the Obama guidelines, and Education Secretary Betsy DeVos has called for an end of “rule by letter.” Melnick sees this as a rare instance of sound policy and transparency from the Trump administration, but there is always a risk that it will merely flip the script and use the transgender issue to fire up the Republican base's own culture warriors.Here's a preview of my take:If Trump decides to take a page from Obama's playbook, he might further polarize some of the most important civil rights concerns of the day. While some on the left have allowed the persecution of innocent men with dubious claims of a campus “rape culture,” others on the right have sometimes found a convenient scapegoat among individuals who don't map neatly onto either biological sex.No one is arguing that transgender individuals should be denied equal access to educational facilities, and there are valid civil rights concerns that must to be worked out on a case-by-case basis.Whenever strings are attached to federal grants, there is erosion of the American system of federalism and policy experimentation at the state and local level. In this way, Title IX has been abused to impose a one-size-fits-all solution across the nation's universities.The federal government should leave room for different approaches to be tested, and OCR should focus on the basic of civil rights and clear cut cases of discrimination. The courts remain open to remedy situations where schools fail to render a fair decision.For a full and nuanced perspective on the most important civil rights issues of the day, look no further than my show this Sunday with Shep Melnick.

Boston College professor R. Shep Melnick discusses his recent book, “,” and how implementation of the law has reached far beyond the original intent since its passage in 1972. Also in this episode, describes the potential ramifications of President Trump’s tariffs and whether or not a trade war would trigger the next economic recession. Subscribe to Brookings podcasts  or on , send feedback email to , and follow us and tweet us at  on Twitter. The Brookings Cafeteria is a part of the .

When thinking of Title IX, most people immediately associate this important education policy with either athletics or a general idea of increasing opportunities for women in education. Rarely do those same people know how Title IX originated, how the role of Title IX changed over time, and how it contributes to what R. Shep Melnick calls “the Civil Rights State.” During the Obama and Trump administrations, Title IX has been involved with the recent attention that universities—and society writ large—have given to sexual assault and sexual harassment. As the public has demanded action to solve this issue in education, how to regulate this action through Title IX has proved to be a more difficult and controversial task. In his new book The Transformation of Title IX: Regulating Gender Equality in Education (Brookings Institution Press, 2018), Melnick addresses these legal questions and looks ahead to the future of Title IX as we near the two-year mark of the Trump administration. Learn more about your ad choices. Visit megaphone.fm/adchoices

When thinking of Title IX, most people immediately associate this important education policy with either athletics or a general idea of increasing opportunities for women in education. Rarely do those same people know how Title IX originated, how the role of Title IX changed over time, and how it contributes to what R. Shep Melnick calls “the Civil Rights State.” During the Obama and Trump administrations, Title IX has been involved with the recent attention that universities—and society writ large—have given to sexual assault and sexual harassment. As the public has demanded action to solve this issue in education, how to regulate this action through Title IX has proved to be a more difficult and controversial task. In his new book The Transformation of Title IX: Regulating Gender Equality in Education (Brookings Institution Press, 2018), Melnick addresses these legal questions and looks ahead to the future of Title IX as we near the two-year mark of the Trump administration. Learn more about your ad choices. Visit megaphone.fm/adchoices

When thinking of Title IX, most people immediately associate this important education policy with either athletics or a general idea of increasing opportunities for women in education. Rarely do those same people know how Title IX originated, how the role of Title IX changed over time, and how it contributes to what R. Shep Melnick calls “the Civil Rights State.” During the Obama and Trump administrations, Title IX has been involved with the recent attention that universities—and society writ large—have given to sexual assault and sexual harassment. As the public has demanded action to solve this issue in education, how to regulate this action through Title IX has proved to be a more difficult and controversial task. In his new book The Transformation of Title IX: Regulating Gender Equality in Education (Brookings Institution Press, 2018), Melnick addresses these legal questions and looks ahead to the future of Title IX as we near the two-year mark of the Trump administration. Learn more about your ad choices. Visit megaphone.fm/adchoices

When thinking of Title IX, most people immediately associate this important education policy with either athletics or a general idea of increasing opportunities for women in education. Rarely do those same people know how Title IX originated, how the role of Title IX changed over time, and how it contributes to what R. Shep Melnick calls “the Civil Rights State.” During the Obama and Trump administrations, Title IX has been involved with the recent attention that universities—and society writ large—have given to sexual assault and sexual harassment. As the public has demanded action to solve this issue in education, how to regulate this action through Title IX has proved to be a more difficult and controversial task. In his new book The Transformation of Title IX: Regulating Gender Equality in Education (Brookings Institution Press, 2018), Melnick addresses these legal questions and looks ahead to the future of Title IX as we near the two-year mark of the Trump administration. Learn more about your ad choices. Visit megaphone.fm/adchoices

When thinking of Title IX, most people immediately associate this important education policy with either athletics or a general idea of increasing opportunities for women in education. Rarely do those same people know how Title IX originated, how the role of Title IX changed over time, and how it contributes to what R. Shep Melnick calls “the Civil Rights State.” During the Obama and Trump administrations, Title IX has been involved with the recent attention that universities—and society writ large—have given to sexual assault and sexual harassment. As the public has demanded action to solve this issue in education, how to regulate this action through Title IX has proved to be a more difficult and controversial task. In his new book The Transformation of Title IX: Regulating Gender Equality in Education (Brookings Institution Press, 2018), Melnick addresses these legal questions and looks ahead to the future of Title IX as we near the two-year mark of the Trump administration. Learn more about your ad choices. Visit megaphone.fm/adchoices

When thinking of Title IX, most people immediately associate this important education policy with either athletics or a general idea of increasing opportunities for women in education. Rarely do those same people know how Title IX originated, how the role of Title IX changed over time, and how it contributes to what R. Shep Melnick calls “the Civil Rights State.” During the Obama and Trump administrations, Title IX has been involved with the recent attention that universities—and society writ large—have given to sexual assault and sexual harassment. As the public has demanded action to solve this issue in education, how to regulate this action through Title IX has proved to be a more difficult and controversial task. In his new book The Transformation of Title IX: Regulating Gender Equality in Education (Brookings Institution Press, 2018), Melnick addresses these legal questions and looks ahead to the future of Title IX as we near the two-year mark of the Trump administration. Learn more about your ad choices. Visit megaphone.fm/adchoices

Advocates of limited government are sometimes accused of being blind to issues of race and sex. Here's one way in which that might be true: Over the last few decades our legal system has been increasingly shaped by identity politics. Legislation often contains numerous benefits aimed at one or more identity groups. But perhaps even more strikingly, race and sex increasingly permeate the activity of regulatory agencies. For example, disparate impact liability, originally the brainchild of EEOC lawyers, used to be limited to employment law. But in more recent years it has spread to areas like housing and credit, thus putting lenders and landlords in the same boat with employers, where every criterion they use for hiring, promoting, lending, or leasing is presumptively illegal. Elected officials who otherwise support the principles of limited government are often reluctant to push back when expansions of the administrative state are couched in terms of race or sex. Are they being prudent? Or something else?Prof. Gail Heriot, Professor of Law, University of San Diego School of LawMr. Peter Kirsanow, Partner, Benesch Attorneys at LawProf. R. Shep Melnick, O'Neill Professor, Boston College, Department of Political ScienceProf. Ted Shaw, Julius L. Chambers Distinguished Professor of Law & Director of the Center for Civil Rights, University of North Carolina School of LawModerator: Hon. Rachel L. Brand, Associate Attorney General, United States Department of Justice

Advocates of limited government are sometimes accused of being blind to issues of race and sex. Here's one way in which that might be true: Over the last few decades our legal system has been increasingly shaped by identity politics. Legislation often contains numerous benefits aimed at one or more identity groups. But perhaps even more strikingly, race and sex increasingly permeate the activity of regulatory agencies. For example, disparate impact liability, originally the brainchild of EEOC lawyers, used to be limited to employment law. But in more recent years it has spread to areas like housing and credit, thus putting lenders and landlords in the same boat with employers, where every criterion they use for hiring, promoting, lending, or leasing is presumptively illegal. Elected officials who otherwise support the principles of limited government are often reluctant to push back when expansions of the administrative state are couched in terms of race or sex. Are they being prudent? Or something else?Prof. Gail Heriot, Professor of Law, University of San Diego School of LawMr. Peter Kirsanow, Partner, Benesch Attorneys at LawProf. R. Shep Melnick, O'Neill Professor, Boston College, Department of Political ScienceProf. Ted Shaw, Julius L. Chambers Distinguished Professor of Law & Director of the Center for Civil Rights, University of North Carolina School of LawModerator: Hon. Rachel L. Brand, Associate Attorney General, United States Department of Justice

Marty West talks with Shep Melnick about how the Department of Education’s Office for Civil Rights works and what is likely to change under the Trump administration. Shep Melnick, the Thomas P. O’Neill Jr. Professor of American Politics at Boston College, is the author of a new post on the EdNext blog entitled “How civil rights enforcement got swept into the culture wars, and what a new administration can do about it.” You can read it at http://educationnext.org/how-civil-rights-enforcement-got-swept-into-the-culture-wars-and-what-a-new-administration-can-do-about-it/

R. Shep Melnick joins Paul E. Peterson to discuss how "Dear Colleague" letters are changing how Title XI is interpreted in school districts.