How the Feds Use Title IX to Bully Universities

Article here. Jump the login by Googling the first para. text and clicking the first result entry. Excerpt:

'In the past several years politicians have lined up to condemn an epidemic of sexual assault on college campuses. But there is a genuine question of whether the Education Department has exceeded its legal authority in the way it has used Title IX to dictate colleges’ response to the serious problem of sexual assault.

When an administrative agency makes rules and regulations—which are a form of law every bit as binding as those passed by Congress—it must follow the requirements of the Administrative Procedure Act, the bible of the bureaucracy. The process most often used involves “notice and comment”: The agency must publish the proposed regulation and respond to comments before issuing the final rule. This can take months or years, and at the end of the process parties affected by the new rule can challenge it in court.

There’s a point to making the government jump through these hoops: By demanding transparency and facilitating public participation and judicial review, we can be more confident that the bureaucracy is up to good rather than ill.'