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Elizabeth Bartholet

  • Do-it-yourself education is on the rise

    January 3, 2022

    Chemay Morales-James founded the homeschooling collective My Reflection Matters in 2016, to provide resources and connections for parents raising children of color, like her two biracial sons. Initially, the Connecticut mom kept her organization small and local, but that changed during the pandemic, when public schools across the country closed their doors and held classes online. “We had an influx of families,” says Morales-James. “They saw things they didn’t like over Zoom. They felt the education was cookie-cutter, making everyone fit into this box, whether it’s going to work for you or not. The camera revealed a lot, from racial nuances — how Black and brown children are policed — to just the lack of creativity.” ... The homeschooling trend might push schools to try new things, but some argue that it also comes with serious hazards. Elizabeth Bartholet, a professor at Harvard Law School who studies child welfare, supports “a presumptive ban on homeschooling” with exceptions only for parents who can demonstrate a legitimate need. At present, few US states have testing requirements, teacher certification, or even required subjects for homeschoolers. Bartholet credits the lack of oversight to a long-running lobbying campaign that Christian conservatives launched in the wake of mid-20th century efforts to desegregate and remove religion from public schools.

  • Amy Coney Barrett’s Comments Urging Adoption Over Abortion Deemed Unrealistic By Activists

    January 3, 2022

    Comments made by U.S. Supreme Court Justice Amy Coney Barrett regarding abortion alternatives are drawing ire from activists. As abortion rights continue to be debated around the country, Barrett said in early December that women with unwanted pregnancies with no access to abortions do not necessarily have to be forced to raise the child. Instead, she argued, the mother could give birth to the child and then place the child up for adoption. However, both abortion and adoption activists say that it is not that simple. ... "It's ridiculous to say it's no problem to eliminate abortion — just place the kids for adoption," said Harvard Law professor Elizabeth Bartholet. "It's not going to be an emotion-free nonevent. There's going to be bonding and connection, and a sense that it's an unnatural act to give your child away."

  • What Amy Coney Barrett’s Roe v. Wade Remarks Get Wrong About Adoption

    December 14, 2021

    Abortions aren't necessary because women can always give their babies up for adoption. That was the argument Justice Amy Coney Barrett appeared to be making during oral arguments in Dobbs v. Jackson Women's Health Organization earlier this month. ... Experts and researchers told Newsweek that Barrett's argument ignores the burden of forcing a woman to carry a pregnancy to term, and minimizes the impact that placing a baby up for adoption can have on birth parents as well as the children involved. ... Elizabeth Bartholet, a professor at Harvard Law School, agreed that Barrett's remarks are "ignorant and misleading about the reality of the abortion decision." However, she noted that safe haven laws are "infinitely better than having such women feel pressured into abandonment of the baby in unsafe ways or, worst case, murdering the baby." But she pointed to disadvantages that include leaving a child "without any ability later in life to know who its forebears were."

  • Why more Black families are choosing to homeschool their children this fall

    September 2, 2021

    ...Nationwide, Black parents are reporting their challenging experiences with their kids in public, private and charter schools, prompting many to reconsider their educational options. Data show that, facing racism at school, bias from some teachers and curriculums that parents deem inadequate, more Black families than ever are choosing to home-school their children. ...Still, some parents and educators criticize home schooling. For example, last year in the Arizona Law Review, Harvard law professor Elizabeth Bartholet warned that a “lack of regulation in the homeschooling system poses a threat to children and society.” However, advocates like Taylor said home schooling, if done with deliberation, can allow parents to help their children reach their full potential.

  • Paying tribute

    July 14, 2021

    Retiring faculty Betsy Bartholet and Jerry Frug are celebrated by former students.

  • Boy standing in silhouette in a hallway

    A Q&A with homeschooling reform advocates Elizabeth Bartholet and James Dwyer

    June 28, 2021

    Homeschooling reform advocates Elizabeth Bartholet and James Dwyer discuss meaningful homeschooling regulations to prevent abuse and promote higher educational standards.

  • Woman sitting on the ground leaning against a granite column

    What Betsy built

    June 14, 2021

    Betsy showed that advocacy can be married with academia and modeled how to unapologetically take a stand.

  • young African American child holding his father's hand and looking up at him

    Evaluating President Biden’s first 100 days: Children and families

    April 30, 2021

    In evaluating President Biden's first 100 days, Harvard Law Professor Elizabeth Bartholet says the president has been a champion for children and families, but she hopes he will also reform the current homeschooling regime .

  • American flag on the wall in the background; President Joe Biden at a podium with Vice President Kamala Harris and House Speaker Nancy Pelosi sitting behind him.

    Evaluating President Biden’s first 100 days

    April 28, 2021

    As President Joe Biden approached his 100th day in office, Harvard Law Today asked faculty members and researchers from across Harvard Law School to weigh in on the new administration’s agenda, actions, accomplishments, and failures to date.

  • Bryan Stevenson

    October 7, 2020

    In the midst of America’s racial reckoning, this program provides inspiration from Bryan Stevenson, one of the country’s leading advocates for racial reconciliation, on what motivates him to continue the work toward justice. Featuring Harvard Law professor Elizabeth Bartholet.

  • 2020’s States with the Most Underprivileged Children

    August 26, 2020

    In an ideal world, all children would live worry-free and have access to their basic needs: nutritious food, a good education, quality health care and a secure home. Emotionally, they all would feel safe and be loved and supported by caring adults. When all such needs are met, children have a better chance of a stable and happy adult life. But in reality, not every child is so privileged — even in the richest nation in the world, and conditions are even harder for underprivileged children this year during the COVID-19 pandemic...Some states address the problems of underprivileged children better than others. To determine where children are most disadvantaged, WalletHub compared the 50 states and the District of Columbia across 27 key indicators of neediness. Our data set ranges from the share of children in households with below-poverty income to the child food-insecurity rate to the share of maltreated children. Read on for our findings, expert insight on how to improve conditions for children and a full description of our methodology...What measures can state and local governments take to ensure the stability of vulnerable children’s educational and social environment during this crisis? Elizabeth Bartholet: "Vulnerable children are seriously at risk with schools shut down. They are at risk both for not receiving adequate education and for abuse and neglect. Children who are less privileged in socio-economic terms are likely to be at the least privileged schools, which are doing the least adequate job in terms of home education. These children are disproportionately less likely to have access to online education. Children already at risk for abuse and neglect are not being seen by teachers if schools are shut down. This means they are not being seen by teachers and other school personnel who are mandated reporters under the law – required to report suspected abuse and neglect to child protective services (CPS). This is a major problem since teachers and other school staff are the largest groups of reporters of suspected abuse."

  • The New One-Room School: Pandemic Learning Pods

    August 20, 2020

    Some Connecticut school districts across the state are getting ready to reopen their doors, but with coronavirus cases rising across the country, more parents are considering keeping children at home, Online learning continues to come with a lot of roadblocks and technical issues for parents, students and teachers. So what is the alternative? How can students get a quality education while still staying safe? ... Guests: ... Elizabeth Bartholet - Morris Wasserstein Professor of Law and Faculty Director, Child Advocacy Program at Harvard Law

  • Young girl sitting with her bunny stuffed animal at a table with a pencil in her hand watching a teacher on a laptop.

    Will online schooling increase child abuse risks?

    August 14, 2020

    As more schools plan for remote learning, Elizabeth Bartholet and James Dwyer argue that school districts, child protective services, and other agencies across the nation must adopt new safeguards to prevent and respond to incidents of child maltreatment.

  • Parents Turn to ‘Learning Pods’ and Piecemeal Solutions to Fill Gaps in Kids’ Schooling

    July 22, 2020

    When Emma Mancha-Sumners saw her school district’s proposed schedule for remote learning this fall, she knew it wouldn’t work for her or her kids...Mancha-Sumners looked into forming a “pod” of families that could at least provide some socialization for her children, who haven’t seen their friends since schools closed in March. She co-created a Facebook group for local families seeking to set up pods, and quickly discovered that many parents were looking for learning pods, which would be run by teachers or tutors and allow families to navigate distance learning. Many families estimated they would each pay $700 or more per month for teachers...Parents are being forced to make difficult choices. Some are leaving their jobs and closing down their businesses. Others are spending thousands of dollars to make sure their children are safe and learning each day. And many more have no idea how they’ll cope with an impossible decision: work or care for their children. The situation is especially dire for single parents, low-income families and those without flexible jobs, who rely on in-person school so they can go to work each day...Experts say the lack of federal, state and district-led solutions for parents means families are on their own, and that will only exacerbate education gaps that already exist. “There’s always an equity issue in the United States, even in non-Covid times,” said Elizabeth Bartholet, professor of law at Harvard Law School and faculty director of Harvard’s Child Advocacy Program. “But now, when kids are at home, privileged parents are going to be able to hire tutors and teachers. They tend to have more flexible schedules, and they will be able to provide a better education for their children than less-privileged parents. Kids who are poor, and Black or Latino kids are disproportionately poor, are more at risk of not learning.”

  • Coronavirus home schooling highlights the religious right’s education system influence

    July 21, 2020

    This past year, millions of families (mine among them) experienced remote learning and entertained the idea of home schooling for the first time. Some of these families are eager to send their kids back to school. Others will make do with remote learning this school year, and still others are certain to take up more seriously the idea of home schooling. When they do, they will discover two things. First, home schooling is already an attractive option for many American families, and it is the reality for an estimated 1.7 million children. Second, home schooling in America generally has become dangerously politicized and unregulated...Elizabeth Bartholet, faculty director of the Child Advocacy Program at Harvard Law School, published an 80-page paper in the Arizona Law Review this year titled "Homeschooling: Parent Rights Absolutism vs. Child Rights to Education & Protection," summarizing years of research and wide survey evidence in the field. Bartholet also planned to participate in an academic conference on the subject (later postponed because of COVID-19). Bartholet told me she was immediately inundated with many hundreds of angry and threatening messages and was the subject of a series of negative articles posted on the website of the Home School Legal Defense Association, or HSLDA, a home-schooling advocacy group with hyperconservative leanings founded in 1983, whose founder, Michael Farris, is closely allied with other religious right leaders. In a way, the abuse proved one of Bartholet's central theses: that much of home-schooling advocacy right now is in the hands of a small but belligerent minority who believe that parents have absolute rights over their children and that any form of regulation amounts, in the words of some home-schooling families, to "tyranny." Lawmakers have run into similar resistance.

  • More parents consider homeschooling as permanent option during coronavirus pandemic

    July 20, 2020

    Jacklynn Walters has homeschooled her oldest child for the last 6 years. When schools closed early this year to help stop the spread of the coronavirus, this mom of four says she didn’t have to worry about her children’s education...Walters volunteers as the media director for the homeschooling organization Midwest Parent Educators. She says more parents are inquiring about homeschooling...More parents are choosing home school over in-class instruction when school resumes this fall as school districts roll out their reopening plans during the global health crisis. A recent poll from the American Federation of Children shows 40 percent of respondents are more likely to pursue homeschooling after coronavirus lockdowns...Homeschool critics worry that students will be left behind as more parents consider alternatives. “In this country, we have almost no regulation of homeschool,” said Harvard Law School Professor Elizabeth Bartholet. “Only a dozen states require that parents have any credentials whatsoever. Those states only demand a high school degree.” Bartholet, who serves as the faculty director of Harvard’s Law School's Child Advocacy Program, adds that she supports virtual learning so students can remain safe during the current health crisis but she’s concerned about children’s safety as more parents choose to homeschool permanently. “One of the greatest protections for children against abuse and neglect has been the protection of the mandated reporter system, which means that certain people are designated as mandated reporters and they then have to report any suspected abuse and neglect,” she said.  “Teachers are mandated reporters […] and they constitute the largest group of people who report to child protection authorities abuse and neglect."

  • Homeschooling: Protecting Freedom, Protecting Children

    June 17, 2020

    Featuring Elizabeth Bartholet, Morris Wasserstein Public Interest Professor of Law and Faculty Director, Child Advocacy Program, Harvard University...Long before COVID-19 forced almost all children to receive education at home, homeschooling—a parental decision to educate their children at home—was growing. For advocates, its purpose and value is to open space for diversity, enabling families to provide education different from what any school offers. Critics fear that it isolates children from the myriad people and ideas in society and can enable child abuse to go unchecked. These positions have recently come into high‐​profile conflict and seem irreconcilable. Are they? Or do both sides have legitimate concerns that can be resolved through compromise? Join us for this timely discussion.

  • Elizabeth Bartholet And Rachel Coleman On Homeschooling’s Potential For Abuse

    June 8, 2020

    In May 2020, Elizabeth Bartholet, a Harvard Law Professor, called for significant new regulations on homeschooling in the United States. In this extra-long episode, I interview Professor Bartholet about her ideas, research, and proposals. We are joined by Rachel Coleman, executive director of the Coalition for Responsible Home Education — and a grown homeschooler herself — who contributes a wealth of experience and impassioned arguments for increasing oversight of homeschooling. While all three of us have different visions of what “appropriate regulation” might be, we also find areas of agreement. Discussion topics include: Who homeschools in the U.S.? How prevalent is abuse and neglect? What is good and important about homeschooling? What’s the justification for increased regulation? Do bad schools inflict just as much (or more) harm on children than homeschooling? And what are the most essential legal changes that Bartholet and Coleman would each like to see enacted?

  • No Need for Bullying in The Debate on Homeschooling

    May 27, 2020

    An article by Elizabeth Bartholet, Dr. Rachel Coleman, James Dwyer, Milton Gaither, and Frank E. Vandervort: As COVID-19 continues to destroy lives and the economy, forcing millions of American parents to begin teaching their children at home, Secretary of State Mike Pompeo and Sen. Ted Cruz (R-Texas) took to Twitter to call for shutting down discussion about research on the safety and quality of homeschooling, as well as proposed regulation of that practice. In a series of tweets, both recently took time off from leading the nation’s response to the global pandemic to denounce “barbaric” and “unconstitutional” proposals to safeguard children from abuse and ensure they are educated, calling advocates of such common-sense regulation “radical leftist scholars.” In recent years, we and many others focused on the welfare of children have raised an alarm about the absence of meaningful oversight of homeschooling and the risk this presents for up to 3 million youth across America. In response, a reactionary subset of the homeschooling movement – now including the nation’s top diplomat and the Texas senator and former presidential candidate – has mobilized aggressively to suppress public discussion and prevent any safeguards designed to protect children against maltreatment and ensure they receive a minimum level of education. The recent attacks on academic critique and suggested regulatory reform underscore the need for a civil, data-driven discussion about the advantages and pitfalls of homeschooling and how best to ensure the safe education of all children. While we have varying perspectives on homeschooling, we all recognize that there is enormous variety in the homeschooling population and that many homeschooling parents provide their children with an education far superior to that delivered in their local public schools.

  • Portrait of Dylan Asafo in front of greenery

    Dylan Asafo LL.M. ’20: “I knew that I wanted to do something to transform society for marginalized groups in New Zealand”

    May 20, 2020

    Dylan Asafo LL.M. ’20 plans to use his HLS education to help address the inequalities facing communities of color in New Zealand and the wider Pacific region.

  • A warning on homeschooling

    May 18, 2020

    Nationally renowned child welfare expert Elizabeth Bartholet wants to see a radical transformation in homeschooling.

  • A warning on homeschooling

    May 18, 2020

    Nationally renowned child welfare expert Elizabeth Bartholet wants to see a radical transformation in homeschooling. In an article in the Arizona Law Review, “Homeschooling: Parent Rights Absolutism vs. Child Rights to Education and Protection,” she argues that the lack of regulation in the homeschooling system poses a threat to children and society. The Gazette sat down with Bartholet, the Morris Wasserstein Public Interest Professor of Law and faculty director of the Child Advocacy Program at Harvard Law School (HLS), to talk about the problems.

  • Homeschooling Approaches During, After COVID-19

    April 28, 2020

    As the novel coronavirus began to spread, school districts quickly shut down, closing facilities and shifting classes online. As a result, many parents suddenly found themselves thrust into a new role: teacher. With more than 50,000 coronavirus deaths in the U.S., state governments have issued social distancing measures and orders to stay at home. Some government officials have proclaimed that schools won't reopen this spring while some colleges have already moved summer classes online and are looking ahead to the possibility of remote instruction for the fall. Despite the pandemic, the need for an education at all levels continues...Some critics worry about both the safety and efficacy of homeschooling. "Kids are falling through the cracks," says Elizabeth Bartholet, a law professor and faculty director and founder of the Child Advocacy Program at Harvard University in Massachusetts. Bartholet is concerned about homeschool children being abused and neglected. Her concern is prompted by the regulatory patchwork that governs homeschooling in the U.S. Even among states with more stringent rules on homeschooling, she says, there is potential for harm to children because state laws often lack oversight of home environments. "Many jurisdictions don't even require homeschoolers to register. And if they do require them to register, they don't enforce the requirements," Bartholet says. "It's really hard to study the overall population."

  • At-risk children need more than virtual visits during the coronavirus pandemic

    April 27, 2020

    An article by Elizabeth BartholetThe US Department of Health and Human Services recently announced that social workers need not see children being monitored in foster care in person, as required by federal law, but can instead use video conferences to reduce the risk of COVID-19. It’s more troubling that social workers are making increasing use of video conferences for children living with the parents who have subjected them to maltreatment, resulting in heightened danger for children. The risk of repeat maltreatment at home is higher today, with the near-universal closing of schools, widespread stay-at-home orders, and the related isolation of families. Child abuse thrives in isolation and in the situations of financial and emotional stress that are part of the fallout from the coronavirus pandemic. In-home visits would allow child welfare workers to identify signs of abuse or neglect. Homeschooling deprives children of one of their best protections against maltreatment: signs of abuse observed by teachers and other school personnel, who are mandated reporters and responsible for the largest number of reports to state departments of child protective services. Prior to this crisis, there was evidence that homeschooled children were at greater risk for abuse than children attending regular schools. For example, child abuse pediatricians published studies that show a high percentage of seriously abused children were homeschooled.

  • Harvard law professor believes homeschooling can be ‘dangerous’ because it gives parents ‘authoritarian control’ over their children

    April 22, 2020

    A Harvard law professor believes that homeschooling can be 'dangerous' because it gives parents authoritarian control over their children. More than 50 million children in the United States are at home due to the coronavirus pandemic that forced the shut down of schools, restaurants and bars, and other businesses deemed non-essential. While states are developing plans to slowly reopen, it's unclear if that will take weeks or months, which means children will likely be at home for the remainder of the 2019-2020 school. And Harvard law professor, Elizabeth Bartholet, believes that is a 'dangerous' thing. In the May-June issue of Harvard Magazine, Bartholet speaks about her thoughts on children being homeschooled by their parents or guardians. 'The issue is, do we think that parents should have 24/7, essentially authoritarian control over their children from ages zero to 18?' Bartholet asked. 'I think that's dangerous. I think it's always dangerous to put powerful people in charge of the powerless, and to give the powerful ones total authority,' she said. Bartholet explained her reasoning by pointing at the possibility of children being abused while at home, especially since teachers are 'mandated reporters' if they suspect child abuse.

  • The Risks of Homeschooling

    April 20, 2020

    A rapidly increasing number of American families are opting out of sending their children to school, choosing instead to educate them at home. Homeschooled kids now account for roughly 3 percent to 4 percent of school-age children in the United States, a number equivalent to those attending charter schools, and larger than the number currently in parochial schools. Yet Elizabeth Bartholet, Wasserstein public interest professor of law and faculty director of the Law School’s Child Advocacy Program, sees risks for children—and society—in homeschooling, and recommends a presumptive ban on the practice. Homeschooling, she says, not only violates children’s right to a “meaningful education” and their right to be protected from potential child abuse, but may keep them from contributing positively to a democratic society. “We have an essentially unregulated regime in the area of homeschooling,” Bartholet asserts. All 50 states have laws that make education compulsory, and state constitutions ensure a right to education, “but if you look at the legal regime governing homeschooling, there are very few requirements that parents do anything.” Even apparent requirements such as submitting curricula, or providing evidence that teaching and learning are taking place, she says, aren’t necessarily enforced. Only about a dozen states have rules about the level of education needed by parents who homeschool, she adds. “That means, effectively, that people can homeschool who’ve never gone to school themselves, who don’t read or write themselves.” In another handful of states, parents are not required to register their children as homeschooled; they can simply keep their kids at home.

  • New normal of homeschooling

    April 15, 2020

    During his April 10 announcement of the extension of the movement control order (MCO) to April 28, Prime Minister Tan Sri Muhyiddin Yassin used the phrase “the new normal." He wants people to accept that what was usually done before can no longer be done, citing examples such as shaking hands. However, whether the true meaning of “the new normal” is comprehended by many remains to be seen. Addressing the concerns of many parents, the PM also mentioned “home-based learning." I believe this does not refer to conventional homeschooling. Homeschooling was suggested as an alternative to conventional education by American educationalists John Holt and Raymond Moore. For parents who doubted educational reforms, homeschooling became an option. Elizabeth Bartholet, in an article that appeared in a law review journal and titled “Homeschooling: Parent Rights Absolutism Vs. Child Rights To Education and Protection," describes homeschooling as a realm of near-absolute parental power. Misuse of it could be detrimental to a child and the nation too.

  • Harvard To Hold Event To Discuss The ‘Educational Deprivation’ That Happens When Parents Homeschool

    April 13, 2020

    Harvard Law School will be hosting a “homeschooling summit” to discuss the “child maltreatment” and “educational deprivation” that happens when parents choose to homeschool their children. The invite-only “Homeschooling Summit: Problems, Politics, and Prospects for Reform” is scheduled to take place June 18-19 and will host speakers from education and child welfare policy backgrounds, as well as academics, policy advocates, and legislators to discuss the “problems of educational deprivation and child maltreatment that too often occur under the guise of homeschooling, in a legal environment of minimal or not oversight.” “Experts will lead conversations about the available empirical evidence, the current regulatory environment, proposals for legal reform, and strategies for effecting such reform,” the event page reads. Among the features speakers is Harvard Law’s Elizabeth Bartholet, a co-organizer of the event, who has written extensively about the “rapidly growing homeschool phenomena,” which she describes in the abstract for her 2019 essay — a recommended reading material for the event — “as a “threat” to “children and society.”  “Many homeschool precisely because they want to isolate their children from ideas and values central to public education and to our democracy. Many promote racial segregation and female subservience. Many question science. Many are determined to keep their children from exposure to views that might enable autonomous choice about their future lives,” she writes.

  • Gabriel Fernandez’s Death Was Avoidable, According To The Netflix Docu-Series

    March 9, 2020

    When Gabriel Fernandez was wheeled into a local Palmdale, CA hospital in 2013, first responders said that they had never before seen such extreme injuries on a child. Their unconscious patient had a cracked skull and broken ribs into addition to numerous BB gun pellets lodged into different parts of his body. Gabriel's guardians, Pearl Fernandez and Isauro Aguirre, were to blame for the abhorrent physical abuse — but they weren't the only people who put the child in danger. In the Netflix true crime docu-series The Trials of Gabriel Fernandez, the social workers that neglected to protect Gabriel from harm are also put on trial. ... "The system is overwhelmingly oriented toward parent rights, toward family preservation," child advocate Elizabeth Bartholet explained in the documentary. "And there is very, very little emphasis on child rights...it's based on valuing adult rights."

  • America’s New Sex Bureaucracy

    September 24, 2019

    Four feminist law professors at Harvard Law School have been telling some alarming truths about the tribunals that have been adjudicating collegiate sex for the past five years. Campus Title IX tribunals are “so unfair as to be truly shocking,” Janet Halley, Jeannie Suk Gersen, Elizabeth Bartholet, and Nancy Gertner proclaimed in a jointly authored document titled “Fairness for All Students.” That document followed up on a previous open letter signed by 28 members of the Harvard Law School faculty in 2014 arguing that the updated sexual assault policy recently installed at Harvard was “inconsistent with some of the most basic principles we teach” and “would do more harm than good.”

  • One girl’s troubled trail through Mass. foster care system

    September 6, 2019

    A letter by Elizabeth Bartholet:  The Massachusetts Department of Children and Families is supposed to be a child welfare agency. But the story told in “Innocents Lost” (Page A1, Aug. 25) demonstrates that DCF regularly functions as a child destruction agency. Governor Baker took an important first step in reforming DCF four years ago, when he eliminated its differential response program. This two-tier system assigned a significant percentage of child maltreatment cases to a voluntary track, with no prior investigation of the seriousness of maltreatment. Under this approach, parents were free to walk away from any protective supervision. Differential response has been shown to put children at risk, and several states have eliminated it for this reason. But Kay Lazar’s Globe story illustrates why this step is not enough. DCF needs a total overhaul. Keeping abuse cases on the traditional track, where DCF can require that parents engage in rehabilitative services, and can remove children at risk to foster care and adoption, will not help if DCF fails to act as needed to protect children.

  • The Revolt of the Feminist Law Profs

    August 9, 2019

    On a crisp and gray September morning, Jeannie Suk Gersen stepped into a lecture hall at Tufts University...Gersen is a feminist legal scholar and a writer of wry, slightly elliptical commentary on legal matters at The New Yorker. She is our foremost guide to the challenges that the #MeToo movement poses to the legal system. She has staked out a position at once conventional and embattled. She shares #MeToo’s goal of ending the impunity surrounding sexual assault. But she remains committed to the principles of due process, presumption of innocence, and the right to a fair hearing. This commitment places her in tension with some of the most impassioned actors in American public life, some of whom have come to regard due process as a fatal obstacle to deterring and punishing sexual misconduct...Gersen, [Janet] Halley, [Elizabeth] Bartholet, and [Nancy] Gertner designed an alternative set of Title IX procedures — applicable only to Harvard Law students — that the Office for Civil Rights eventually certified as meeting the requirements laid out in the Dear Colleague letter, while also satisfying the principles of fair process as Gersen and her colleagues understood them.

  • Controversy Over Harvard Prof Joining Weinstein Defense

    May 13, 2019

    Harvard Law Professor Elizabeth Bartholet discusses the controversy at Harvard University over Harvard Law Professor Ronald Sullivan, a renowned defense attorney, joining Harvey Weinstein’s defense team. She speaks to Bloomberg’s June Grasso.

  • Harvard Law faculty speak in support of resident dean representing Weinstein

    March 8, 2019

    A Letter to the Editor: We the 52 undersigned members of the Harvard Law School faculty support our colleague Ronald S. Sullivan Jr.’s dedication to the professional tradition of providing representation to people accused of crimes and other misconduct, including to those who are reviled. For the past 10 years while serving as faculty dean of Winthrop House, professor Sullivan has represented alleged victims of sexual assault as well as people accused of sexual assault, murder, and terrorism. [Editor’s note: Sullivan is representing Harvey Weinstein in his current criminal case, which has generated protests at Harvard.] We call upon our university’s administration to recognize that such legal advocacy in service of constitutional principles is not only fully consistent with Sullivan’s roles of law professor and dean of an undergraduate house, but also one of the many possible models that resident deans can provide in teaching, mentoring, and advising students. The university owes a robust response to allegations of sexual harassment and other sexual misconduct. We respect students’ right to protest professor Sullivan’s choice of clients. But we view any pressure by Harvard’s administration for him to resign as faculty dean of Winthrop, because of his representation or speaking on behalf of clients, as inconsistent with the university’s commitment to the freedom to defend ideas, however unpopular.

  • How Incarcerated Parents Are Losing Their Children Forever

    December 3, 2018

    ...Mothers and fathers who have a child placed in foster care because they are incarcerated — but who have not been accused of child abuse, neglect, endangerment, or even drug or alcohol use — are more likely to have their parental rights terminated than those who physically or sexually assault their kids, according to a Marshall Project analysis of approximately 3 million child-welfare cases nationally...To some adoption proponents, immediately finding children a nurturing home should always be the priority in these difficult cases. Elizabeth Bartholet, a professor at Harvard Law School, said that while some parents turn their lives around when they leave prison, their children should not have to wait for a family. “You never know if they’ll just go right back to a life of crime,” she said, “and kids deserve better than that.”

  • 25 Harvard Law Profs Sign NYT Op-Ed Demanding Senate Reject Kavanaugh

    October 4, 2018

    Roughly two dozen Harvard Law School professors have signed a New York Times editorial arguing that the United States Senate should not confirm Judge Brett M. Kavanaugh as an Associate Justice of the Supreme Court. Harvard affiliates — including former Law School Dean Martha L. Minow and Laurence Tribe — joined more than 1,000 law professors across the country in signing the editorial, published online Wednesday. The professors wrote that Kavanaugh displayed a lack of “impartiality and judicial temperament requisite to sit on the highest court of our land” in the heated testimony he gave during a nationally televised hearing held Sept. 27 in front of the Senate Judiciary Committee....As of late Wednesday, the letter had been signed by the following: Sabi Ardalan, Christopher T. Bavitz, Elizabeth Bartholet, Christine Desan, Susan H. Farbstein, Nancy Gertner, Robert Greenwald, Michael Gregory, Janet Halley, Jon Hanson, Adriaan Lanni, Bruce H. Mann, Frank Michelman, Martha Minow, Robert H. Mnookin, Intisar Rabb, Daphna Renan, David L. Shapiro, Joseph William Singer, Carol S. Steiker, Matthew C. Stephenson, Laurence Tribe, Lucie White, Alex Whiting, Jonathan Zittrain

  • Some Harvard Law Professors Call for Investigation into Kavanaugh Allegations

    September 26, 2018

    Several Harvard Law School professors said they were troubled by the sexual assault allegations recently levelled against Supreme Court nominee Brett M. Kavanaugh and called for further investigation into his alleged misbehavior...Law School Professor Michael J. Klarman, a constitutional law scholar, wrote in an email Sunday that, while some have argued that Kavanaugh’s actions as a 17-year-old are not relevant to the judge's ability to serve on the Court, he does not buy that reasoning.“I certainly agree with the idea that we should be pretty forgiving toward youthful mistakes. But attempted rape is a really serious charge. And serving on the Supreme Court is a privilege, not a right,” Klarman wrote...Law Professor Laurence H. Tribe ’62 took his views on the Kavanaugh confirmation process to Twitter Monday. “Closing ranks around Kavanaugh even before Dr.Blasey Ford testifies is proof positive that these Trumpsters either (1) don’t regard an attempted rape and a nominee’s false denials as relevant and/or (2) are ready to disbelieve her without listening,” Tribe wrote. Tribe expanded on his thoughts in an email to The Crimson...Law Professor Elizabeth Bartholet ’62 wrote via email that the Thursday hearings should be postponed pending an investigation.

  • Where Is the Outrage Over the Institutionalized Children Denied Adoptive Homes?

    July 18, 2018

    An op-ed by Elizabeth Bartholet. Outrage has been expressed by virtually all commenting on the president’s policy separating migrant children from their parents. Critics have expressed horror at the audios of crying children, and have condemned the harm they will suffer as a result of being torn from parents and placed in institutions or foster homes. This outrage is right. These children will suffer, and innocent children should not be used as pawns in the Administration’s war against immigrants...But where is the outrage at the U.S. government policies requiring that infants and children worldwide be imprisoned in institutions and denied available homes in international adoption?

  • Kavanaugh will be ‘a disaster for the country’ if confirmed to the Supreme Court, says Harvard Law prof

    July 17, 2018

    ...“He will be a disaster for the country if confirmed,” said Elizabeth Bartholet, the Morris Wasserstein Public Interest Professor of Law at Harvard, in an e-mail Wednesday morning. Bartholet, a former lawyer for the NAACP Legal Defense Fund and founder of the Legal Action Center in New York, stressed that she was basing her comments on Kavanaugh’s judicial record — not his time at Harvard.

  • States brace for dramatic overhaul to federal foster care funding

    June 26, 2018

    State and local governments are poised to undergo a major shift in the way they think about at-risk children, thanks to bipartisan federal legislation aimed at encouraging families to stay together and out of the foster care system. The Family First Prevention Services Act, a provision within the Bipartisan Budget Act that President Trump signed into law in February, would give states incentives to keep children with parents or relatives, rather than immediately transferring them to foster care or the state’s care...A second phase of the program will restrict federal funding for group care and provide additional funding for mental health and substance abuse programs. That phase has child welfare advocates concerned that the new measure disincentivizes foster care programs at the expense of the children themselves. “It’s really about prevention of foster care, not prevention of abuse and neglect,” said Elizabeth Bartholet, director of the Child Advocacy Program at Harvard Law School. “I think we do want children removed to foster care when they’re facing serious abuse and neglect at home.”

  • Russian Lawmaker’s Claim on Abuse of Russian Adoptees in the US is Short on Facts

    April 25, 2018

    In an interview early this month with the Russian news agency Sports.ru, Russian lawmaker Irina Rodnina defended the “Dima Yakovlev Law,” which banned U.S. adoptions of Russian children. Key to her defense of the law is her assertion that there were ““a lot of cases” of Russian adoptees suffering abuse...In a statement to Polygraph.info, the U.S. State Department said it “condemns the abuse or abandonment of any child” and that “U.S. child protection laws and services apply to all children, regardless of citizenship, country of origin, or dual-nationality.” “It’s a tiny percent,” Harvard Law School professor Elizabeth Bartholet, an expert on intercountry adoptions, told Polygraph.info, referring to incidents of abuse of adopted children in the U.S. She conceded that precise data is hard to get, but added: “Overall, adopted kids, both domestic and international, are subject to parental abuse at much lower rates than kids raised by their biological parents, as shown by the social science.”

  • ‘Trauma Informed’ Approaches to Sex Assault Are Catching On. They’re Also Facing a Backlash.

    April 6, 2018

    ..."Trauma informed" approaches toward investigating campus assault complaints are changing the way investigators interpret inconsistent reports or jumbled timelines. Where lapses in memory or chronological glitches once were seen as holes in an account, trauma-informed practices encourage investigators to start with an open mind. Proponents of the practices are quick to point out that that open mind should extend to the accused, as well...Elizabeth Bartholet, a professor at Harvard Law School who has challenged policies she thinks are unfair to accused students, agrees that trauma-informed approaches tip the balance further against accused students. "I’m concerned that some of the ‘trauma informed’ instructions tell adjudicators to treat what are typically considered signs of a witness not being credible as instead signs of the witness having been traumatized by sexual assault, and this risks feeding into a generally biased fact-finding system," Bartholet wrote in an email to The Chronicle.

  • When adoption agencies can turn away gay prospective parents, what happens to the kids?

    March 26, 2018

    Oklahoma lawmakers may soon sanction private adoption agencies turning away same-sex couples and other prospective parents who don’t meet their religious criteria, a possibility cheered by the Roman Catholic Church and many evangelical Christians and lambasted as discriminatory by gay rights groups. It’s a conflict playing out across the nation, and both sides say that if the other wins, the number of children placed in loving homes will fall...“I don’t know of any empirical evidence on the topic,” said Elizabeth Bartholet, faculty director of the Child Advocacy Program at Harvard Law School in Cambridge, Mass. “In general, any barriers to adoption are likely to decrease numbers of homes for kids in need,” Bartholet added in an email. “But, of course, it’s possible that religious agencies would shut down rather than put their religious principles aside.”

  • HLS Profs Sign Letter Slamming ‘Victim-Centered’ Sexual Harassment Policies

    February 28, 2018

    Two Harvard Law professors have joined nearly 140 professors from universities across the country in signing a public letter that critiques what the authors call “victim-centered practices” in higher education sexual harassment policies and procedures. Law professors Janet E. Halley and Elizabeth Bartholet ’62 signed the letter three weeks ago, along with academics hailing from institutions including Northwestern University and the University of Pennsylvania Law School...“I signed it because I thought it was correct. I’ve seen the bad effects of politically slanted training,” Halley said.

  • Harvard prof argues #MeToo eschews ‘basic fairness’

    January 22, 2018

    A professor at Harvard Law School recently criticized supporters of the #MeToo movement for failing to uphold “principles of basic fairness.” Elizabeth Bartholet, who teaches civil liberties and family law, extensively detailed her concerns with the #MeToo movement in an editorial for The Harvard Crimson. Despite her approval of #MeToo’s ability to deliver justice when needed, and its power in supporting victims of sexual assault, Bartholet expresses deep concerns over whether due process may be falling by the wayside...Speaking to Campus Reform, Bartholet said that she was motivated to speak up after witnessing the rise of sexual harassment policies at Harvard Law, explaining that the school has devised harassment policies that “[ignored] fairness to the accused, and that went too far to shut down romantic and sexual conduct that was consensual.”

  • #MeToo Excesses

    January 16, 2018

    An op-ed by Elizabeth Bartholet. Like many others, I am outraged by the egregious incidents of sexual misconduct made public recently through carefully documented journalism. I applaud the removal of many alleged perpetrators who have clearly abused their positions of power, often through force and even violence. I celebrate those who have stepped forward to call out sexual misconduct and demand changes in the degrading culture that has characterized working conditions for women in too many settings for too long. However, I am concerned that in the recent rush to judgment, principles of basic fairness, differences between proven and merely alleged instances of misconduct, and important distinctions between different kinds of sexually charged conduct have too often been ignored.

  • The Politics of #HimToo

    December 14, 2017

    The issue of sexual misconduct has emerged as a centerpiece of Democratic strategy for taking on President Trump and the Republican Party... Elizabeth Bartholet, the director of the child advocacy program and a professor at Harvard Law School, who is no fan of Donald Trump, wrote in an email: I think this is another moment we may look back on as a moment characterized by madness and sexual panic even though it is a moment that is important in recognizing serious abuses that deserve to be called out.