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Affirmative Confusion: A Proposed Paradigm Shift In Higher Education Disciplinary Proceedings, Kendal Poirier
Affirmative Confusion: A Proposed Paradigm Shift In Higher Education Disciplinary Proceedings, Kendal Poirier
University of Massachusetts Law Review
This Note examines the codification of affirmative consent statutes in New York and California as well as the language of Title IX of Education Amendments of 1972, with the ultimate goal of demonstrating that the two statutory constructions cannot co-exist without jeopardizing accused students’ due process rights. During the course of a college or university disciplinary proceeding in an affirmative consent jurisdiction, the potential exists for a burden shift onto the accused student to affirmatively prove consent was obtained. Such a shift directly conflicts with Title IX mandates for prompt and equitable treatment. This Note proposes that in order to …
Ulysses: A Mighty Hero In The Fight For Freedom Of Expression, Marc J. Randazza
Ulysses: A Mighty Hero In The Fight For Freedom Of Expression, Marc J. Randazza
University of Massachusetts Law Review
James Joyce’s Ulysses was a revolutionary novel, and this much is common knowledge. What is not common knowledge is how useful Ulysses was in pushing the boundaries of freedom of expression. This masterpiece of literature opened the door for modern American free speech jurisprudence, but in recent years has become more of an object of judicial scorn. This Article seeks to educate legal scholars as to the importance of the novel, and attempts to reverse the anti-intellectual spirit that runs through modern American jurisprudence, where the novel is now more used as an object of mockery, or as a negative …