Chapter 6 discusses Title IX under Secretary DeVos. It begins by describing how the Department of Education quickly broke from its predecessor before recounting the two-year process of promulgating new regulations. It then turns to the first of a two-chapter deeper dive into changes made to Title IX. Here, the chapter focuses on how the new regulations narrow what counts as actionable sexual harassment and weaken oversight of schools by the Department of Education. The chapter contends that most of these changes are deeply problematic and should be reversed.

Chapter 3 investigates the problematic beginnings of the 2011 Dear Colleague Letter (DCL) issued by the Department of Education Office for Civil Rights (OCR) under President Obama. It explaina how the DCL misrepresented existing data, violated the Administrative Procedure Act by changing the law without going through notice and comment, and flouted existing norms. In the process, the chapter provides an in-depth discussion of the changes brought about by the DCL, including mandating a lower standard of proof in sexual assault hearings.

Chapter 13 discusses numerous contractual clauses that are often relegated to the “back” of an agreement, but which can have important effects on the parties. These include the front matter of the agreement, definitions, assignment (PPG v. Guardian), marking, compliance with law, force majeure, merger and entire agreement, no waiver, severability, precedence, amendment, mutual negotiation, notices and interpretation.

IP accidents were a relatively small problem in the nineteenth century. Strict liability was an appropriate liability rule at this time because avoiding accidents was comparatively easy. However, due to changes in technology and the legal system, the volume of IP accident litigation has grown during the twentieth and twenty-first centuries. Just as the tort of negligence was created during the Industrial Revoluion to handle the increase in accidental personal injury litigation, society should adopt a negligence principle to govern IP accidents in the Information Age.