Law Commons^™

'John Doe' Arrest Warrants As A Solution To Statues Of Limitations, Melody Pruitt

Political Science Class Publications

American society has taken a hard, stern stance on sexual assault in recent years. From Bill Cosby to Harvey Weinstein to Matt Lauer, influential and famous men throughout the country are being accused of sexual assault or harassment on a daily basis. As a result, movements like the Me Too movement and the Women’s March have risen and gained great popularity among society. Social media is often flooded with new sexual assault allegations and posts supporting victims and raising awareness about the issue. Despite all of this, convictions regarding sex crimes in the United States are embarrassingly low, and women …

Not Affirmative Consent, Aya Gruber

Publications

No abstract provided.

Consent Confusion, Aya Gruber

Publications

The slogans are ubiquitous: “Only ‘Yes’ Means ‘Yes’”; “Got Consent?”; “Consent is Hot, Assault is Not!” Clear consent is the rule, but the meaning of sexual consent is far from clear. The current state of confusion is evident in the numerous competing views about what constitutes mental agreement (grudging acceptance or eager desire?) and what comprises performative consent (passive acquiescence or an enthusiastic “yes”?). This paper seeks to clear up the consent confusion. It charts the contours of the sexual consent framework, categorizes different definitions of affirmative consent, and critically describes arguments for and against affirmative consent. Today’s widespread uncertainty …

Domination In The Theory Of Justification And Excuse, George P. Fletcher

Faculty Scholarship

The major currents driving legal theory have largely bypassed the field of criminal law. Neither the economists nor the advocates of critical legal studies ("crits") have had much to say about the theory of criminal responsibility or the proper mode of trying suspects. The economists have fallen flat in applying their rationalist models to the problems of punishing wrongdoers. The "crits" have had little to add-beyond Mark Kelman's one original and provocative article.

Of all the schools on the march in the law schools today, the feminists have had the most to say about the failings of the criminal law. …