B e r k e l e y C e n t e r o n C o m p a r a t i v e E q u a l i t y a n d A n t i - D i s c r i m i n a t i o n L a w J a n u a r y 2 9 - 3 0 2 0 2 1 Continuing Legal Education Materials TITLE C O N F E R E N C E A N N O U N C E M E N T IX S e x u a l H a r a s s m e n t a t S c h o o l s , C o l l e g e s a n d U n i v e r s i t i e s : A G l o b a l P e r s p e c t i v e Plenary I: New Developments in Title IX Law and Policy (CLE 1.25) Case 1:20-cv-01468-CJN Document 116 Filed 01/08/21 Page 1 of 5 IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLUMBIA COMMONWEALTH OF PENNSYLVANIA; STATE OF NEW JERSEY; STATE OF CALIFORNIA; STATE OF COLORADO; STATE OF DELAWARE; DISTRICT OF COLUMBIA; STATE OF ILLINOIS; COMMONWEALTH OF MASSACHUSETTS; STATE OF MICHIGAN; STATE OF MINNESOTA; STATE OF NEW MEXICO; STATE OF NORTH CAROLINA; STATE OF OREGON; STATE OF RHODE ISLAND; STATE OF VERMONT; COMMONWEALTH OF Civil Action No. 1:20-cv-01468-CJN VIRGINIA; STATE OF WASHINGTON; STATE OF WISCONSIN; STATE OF NEVADA, Plaintiffs, v. ELISABETH D. DEVOS, in her official capacity as Secretary of the United States Department of Education; UNITED STATES DEPARTMENT OF EDUCATION; and UNITED STATES OF AMERICA, Defendants. CONSENT MOTION OF LAW PROFESSORS FOR LEAVE TO FILE BRIEF OF AMICI CURIAE IN SUPPORT OF PLAINTIFFS’ MOTION FOR SUMMARY JUDGMENT Proposed amici curiae law professors who specialize in administrative and/or antidiscrimination law (“Amici”), through undersigned counsel, respectfully request leave of this Court to file the attached brief in support of Plaintiffs’ Motion for Summary Judgment. District courts have “broad discretion” to permit participation “as an amicus curiae.” National Ass’n of Home Builders v. United States Army Corps of Eng’rs, 519 F. Supp. 2d 89, 93 (D.D.C. 2007). This Court routinely permits amicus briefs when the “information offered is ‘timely and useful.’” Case 1:20-cv-01468-CJN Document 116 Filed 01/08/21 Page 2 of 5 Ellsworth Assocs., Inc. v. United States, 917 F. Supp. 841, 846 (D.D.C. 1996). In support of this motion, they state as follows: 1. Amici are law professors who specialize in administrative and/or antidiscrimination law. They include the following: Samuel Bagenstos is the Frank G. Millard Professor of Law at University of Michigan Law School. Nicole Huberfeld is a Professor of Law at Boston University School of Law and a Professor of Health Law and Ethics & Human Rights at Boston University School of Public Health. Katharine K. Baker is the University Distinguished Professor of Law at the IIT Chicago- Kent College of Law. Deborah Brake is a Professor of Law and John E. Murray Faculty Scholar at the University of Pittsburgh School of Law. Nancy Cantalupo is an Associate Professor of Law at the California Western School of Law. Joanna L. Grossman is the inaugural Ellen K. Solender Endowed Chair in Women and the Law and a Professor of Law at the Southern Methodist University Dedman School of Law. Erin Buzuvis is an Associate Dean and Professor of Law at Western New England University School of Law. David S. Cohen is a Professor of Law at Drexel University Thomas R. Kline School of Law. Ann McGinley is the William S. Boyd Professor of Law at the William S. Boyd School of Law at the University of Nevada, Las Vegas. Ruben Garcia is a Professor of Law at the William S. Boyd School of Law at the University of Nevada, Las Vegas. David Oppenheimer is a Clinical Professor of Law at the University of California, Berkeley School of Law. Jodi Short is the Associate Dean for Research and the Honorable Roger J. Traynor Chair and Professor of Law at the University of California, Hastings College of the Law. Jonathan Weinberg is the Associate Dean for Research & Faculty Development and a Professor of Law at the Wayne State University Law School. Michael J. Wishnie is a William O. Douglas Clinical Professor of Law and Counselor to the Dean at Yale Law School. Case 1:20-cv-01468-CJN Document 116 Filed 01/08/21 Page 3 of 5 Robert S. Chang is a Professor of Law and Executive Director of the Fred T. Korematsu Center for Law and Equality at the Seattle University School of Law. Hannah Brenner Johnson is the Vice Dean for Academic and Student Affairs and an Associate Professor of Law at the California Western School of Law. Michele Dauber is the Frederick I. Richman Professor of Law at Stanford Law School. Daniel Deacon is a Lecturer at the University of Michigan Law School. Sally Goldfarb is a Professor of Law at Rutgers Law School. Julie Goldscheid is a Professor of Law at the City University of New York School of Law. Victoria F. Nourse is the Ralph Whitworth Professor of Law at Georgetown University Law Center. Vicki Schultz is the Ford Foundation Professor of Law and Sciences at Yale Law School. Leigh Goodmark is the Marjorie Cook Professor of Law and Co-Director of the Clinical Law Program at the University of Maryland Francis King Carey School of Law. Roseanna Sommers is an Assistant Professor of Law at the University of Michigan Law School. Penny Venetis is a Clinical Professor of Law and Director of the International Human Rights Clinic at Rutgers Law School. 2. As experts in the enforcement of civil rights law, Amici file this brief to demonstrate that Defendants’ new Title IX rule will undermine, not advance, the purposes of Title IX, and that the adoption of that rule is arbitrary, capricious, an abuse of discretion, and not in compliance with law. 3. The proposed brief would aid this Court’s deliberation by offering “unique information or perspective that can help the court beyond the help that the lawyers for the parties are able to provide.” Youming Jin v. Ministry of State Sec., 557 F. Supp. 2d 131, 136 (D.D.C. 2008). See also LCvR 7(o)(2). Here, Amici offer unique information and perspective as professors at law schools throughout the country. Their positions as law professors allow them to provide expertise, first-hand experience, and assistance beyond the help the parties are able to provide. Case 1:20-cv-01468-CJN Document 116 Filed 01/08/21 Page 4 of 5 4. Pursuant to LCvR 7.1(o), Amici’s counsel have consulted with counsel for the parties. Counsel for Plaintiffs, Defendants, and Intervenor-Defendants consent to the filing of this brief. 5. No counsel for a party authored the brief in whole or in part, and no party, counsel for party, or person other than Amici, their members, or their counsel funded the preparation or submission of this amicus brief. WHEREFORE, the proposed Amici respectfully request that this Court grant leave to file the attached amicus curiae brief. Dated: January 8, 2021 Respectfully submitted, /s/ Lauren E. Snyder Lauren E. Snyder Daniel P. Tingley Harris, Wiltshire & Grannis LLP 1919 M Street NW, Suite 800 Washington, D.C. 20036 Tel: 202-730-1359 [email protected] [email protected] Counsel for Amici Curiae Case 1:20-cv-01468-CJN Document 116 Filed 01/08/21 Page 5 of 5 CERTIFICATE OF SERVICE I hereby certify that on January 8, 2021, I electronically filed the foregoing document with the Clerk of the Court using the CM/ECF system, which will send notification of this filing to the attorneys of record and all registered participants. /s/ Lauren E. Snyder Lauren E. Snyder Case 1:20-cv-01468-CJN Document 116-1 Filed 01/08/21 Page 1 of 1 IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLUMBIA COMMONWEALTH OF PENNSYLVANIA; STATE OF NEW JERSEY; STATE OF CALIFORNIA; STATE OF COLORADO; STATE OF DELAWARE; DISTRICT OF COLUMBIA; STATE OF ILLINOIS; COMMONWEALTH OF MASSACHUSETTS; STATE OF MICHIGAN; STATE OF MINNESOTA; STATE OF NEW MEXICO; STATE OF NORTH CAROLINA; STATE OF OREGON; STATE OF RHODE ISLAND; STATE OF VERMONT; COMMONWEALTH OF Civil Action No. 1:20-cv-01468-CJN VIRGINIA; STATE OF WASHINGTON; STATE OF WISCONSIN; STATE OF NEVADA, Plaintiffs, v. ELISABETH D. DEVOS, in her official capacity as Secretary of the United States Department of Education; UNITED STATES DEPARTMENT OF EDUCATION; and UNITED STATES OF AMERICA, Defendants. [PROPOSED] ORDER GRANTING MOTION FOR LEAVE TO FILE AMICUS BRIEF Upon consideration of the Consent Motion of amici curiae law professors for Leave to File Amicus Curiae Brief in Support of the Plaintiff’s Motion for Summary Judgment and the brief attached thereto, it is hereby: ORDERED that the motion is GRANTED and the attached brief be filed. Dated: _______________, 2020 ________________ Honorable Carl J. Nichols United States District Court Judge Case 1:20-cv-01468-CJN Document 116-2 Filed 01/08/21 Page 1 of 33 IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLUMBIA COMMONWEALTH OF PENNSYLVANIA; STATE OF NEW JERSEY; STATE OF CALIFORNIA; STATE OF COLORADO; STATE OF DELAWARE; DISTRICT OF COLUMBIA; STATE OF ILLINOIS; COMMONWEALTH OF MASSACHUSETTS; STATE OF MICHIGAN; STATE OF MINNESOTA; STATE OF NEW MEXICO; STATE OF NORTH CAROLINA; STATE OF OREGON; STATE OF RHODE ISLAND; STATE Civil Action No.