Law Commons^™

#Wetoo, Kimberly Kessler Ferzan

All Faculty Scholarship

The #MeToo movement has caused a widespread cultural reckoning over sexual violence, abuse, and harassment. “Me too” was meant to express and symbolize that each individual victim was not alone in their experiences of sexual harm; they added their voice to others who had faced similar injustices. But viewing the #MeToo movement as a collection of singular voices fails to appreciate that the cases that filled our popular discourse were not cases of individual victims coming forward. Rather, case after case involved multiple victims, typically women, accusing single perpetrators. Victims were believed because there was both safety and strength in …

"If Consent Is Bought, It Is Not Freely Chosen": Compromised Consent In Prostituted Sex In Ireland, Ivana Bacik

Dignity: A Journal of Analysis of Exploitation and Violence

This article offers feminist arguments for the reconsideration of consent as a legal concept, informed by insights gained through the work of the #MeToo movement and other feminist campaigns. It suggests that consent may be seen as legally compromised in certain contexts of structured gender inequality, such as domestic violence, workplace sexual harassment, and prostitution. The legal understanding of consent in such contexts is antithetical to the conception of consent as “freely and voluntarily” given within a mutual sexual relationship. This understanding of consent underpins the recent introduction of the Nordic model approach into Irish law through the Criminal Law …

Disappearing Act: Are Free Speech Rights Decreasing?, Michael Conklin

St. Mary's Law Journal

Abstract forthcoming.

Censoring Hate In The Music Industry: Shifting Perspectives In Pursuit Of Cultural Equity, Joey A. Tan

Backstage Pass

Music is intended to be expressive and unconstrained, a tool of communicating emotion and bridging humanity. As such, censorship is widely despised among music creators, listeners, publishers, distributors, and other music industry stakeholders. “Freedom of expression,” however, proves to be an applicable argument for both sides of the matter when the censorship concerns hate directed at marginalized communities. Analyzing the concept of censorship through the lens of those with privilege and power fails to recognize the extent to which hate speech impacts its victims and the indirect recipients of the message. As a powerful influencer of popular and youth cultures, …

Private Lives Of Public Figures, Charlotte Miriam Albert

Senior Projects Fall 2019

Senior Project submitted to The Division of Social Studies of Bard College.

Breaking The Silence: Holding Texas Lawyers Accountable For Sexual Harassment, Savannah Files

St. Mary's Journal on Legal Malpractice & Ethics

Following the 2017 exposure of Harvey Weinstein, the #MeToo movement spread rapidly across social media platforms calling for increased awareness of the prevalence of sexual harassment and assault and demanding change. The widespread use of the hashtag brought attention to the issue and successfully facilitated a much-needed discussion in today’s society. However, this is not the first incident prompting a demand for change.

Efforts to bring awareness and exact change in regards to sexual harassment in the legal profession date back to the 1990s. This demonstrates that the legal profession is not immune from these issues. In fact, at least …