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Transforming Campus Culture to Prevent Rape: the Possibility and Promise of Restorative Justice as a Response to Campus Sexual Violence

Transforming Campus Culture to Prevent Rape: the Possibility and Promise of Restorative Justice as a Response to Campus Sexual Violence

Alletta Brenner[1]


Though feminists have long argued that rape is linked to sex discrimination,[2] legal responses to rape tend to ignore the ways that social and cultural norms contribute to sexual violence.[3] One exception, however, exists in the context of federal anti-discrimination law under Title IX, which applies to colleges and universities that receive federal funds. Under the legal framework established by Title IX, rape constitutes a form of severe sexual harassment, to which educational institutions are legally obligated to respond.[4] An institution’s failure to do so is considered evidence of sex discrimination and may subject it to both federal penalties and civil liability.[5] Recently, this obligation was further strengthened by the passage of legislation that codifies particular aspects of what campus grievance processes for rape survivors must include and requires schools to take affirmative steps to transform campus culture to prevent rape.[6]

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Unsex Mothering: Online Colloquium

 For those who missed our conference on February 13th, please see the live blog and a video of the conference.

On Monday, February 13, 2012, the Harvard Journal of Law & Gender hosted a conference at Harvard Law School featuring Darren Rosenblum’s article Unsex Mothering: Toward a New Culture of Parenting, published in the journal’s Winter 2012 edition. The author discussed his piece, with responses from Professor Duncan Kennedy (HLS), Professor Mary Anne Case (U. Chicago), Professor Elizabeth Emens (Columbia), Professor Suzanne Kim (Rutgers), and Katherine Kraschel (HLS ’12).

The journal also solicited written responses from twenty scholars in the field for an online colloquium. These responses are linked below. To read Unsex Mothering, please click here.

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Unsex Mothering Responses: Kimberly Mutcherson

  Unsexing Care: Beyond Gendered Parenting Terms A Response to Darren Rosenblum’s Unsex Mothering: Toward a Culture of New Parenting Kimberly Mutcherson[1] One thing that can be expected from a formerly pregnant man is interesting commentary about the parenting experience that follows that pregnancy.  Professor Rosenblum’s piece, Unsex Mothering: Toward a New Culture of Parenting,[2] […]

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Unsex Mothering Responses: Elizabeth M. Schneider

  The Conundrums of Unsexing Parenting A Response to Darren Rosenblum’s Unsex Mothering: Toward a Culture of New Parenting Elizabeth M. Schneider[1] Darren Rosenblum’s interesting and provocative article, Unsexing Mothering: Toward A New Culture of Parenting,[2] raised many issues for me, personally and intellectually.  As a long-time feminist legal activist and biological mother who has […]

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Unsex Mothering Responses: Beth Jones

  Un-Sexing Single Mother Parenting of Boys A Response to Darren Rosenblum’s Unsex Mothering: Toward a Culture of New Parenting Beth Jones Rosenblum’s article, Unsex Mothering,[1] applies in some ways to every different type of parenting.  As a single mother of twin eleven-year-old boys, I personally relate most to the portions regarding single parents and non-traditional parenting.  When […]

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Unsex Mothering Responses: Theodore Andrew Myhre

  Meaning Matters: Hypersex Parenting A Response to Darren Rosenblum’s Unsex Mothering: Toward a Culture of New Parenting Theodore Andrew Myhre[1] Darren Rosenblum wants to change the world of parenting, and he wants to use law to do it.[2]  His comparative project explores how legal regimes governing mothering should attempt to “unsex” their statutory language […]

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Unsex Mothering Responses: Julie Shapiro

Assisted Reproductive Technology and Sexed Parentage A Response to Darren Rosenblum’s Unsex Mothering: Toward a Culture of New Parenting Julie Shapiro[1] Unsex Mothering is both provocative and persuasive.[2]  As Professor Darren Rosenblum contends, mothering should be unsexed.  That said, I think that Rosenblum’s initial discussion about the role of biology in defining motherhood[3] (and by […]

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