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Full-Text Articles in Law
Sudden, Forced, And Unwanted Kisses In The #Metoo Era: Why A Kiss Is Not “Just A Kiss” Under Italian Sexual Violence Law, Rachel A. Van Cleave
Sudden, Forced, And Unwanted Kisses In The #Metoo Era: Why A Kiss Is Not “Just A Kiss” Under Italian Sexual Violence Law, Rachel A. Van Cleave
Publications
#MeToo reports have revealed a significant number of forced kisses typically by men in positions of authority. Previous scholarship in the US has viewed such instances as to rare or too minor to be worthy of criminal sanctions. Indeed, there are no such reported criminal cases involving adults. However, in Italy, the Supreme Court of Cassazione has upheld sexual violence convictions for such forced kisses. This article analyzes these cases and investigates the types of considerations the Italian Supreme Court includes in its evaluation of these situations. This article also suggests specific aspects of US laws that could benefit from …
What Italian Sexual Violence Law Can Teach Us Law In The #Metoo Era, Rachel A. Van Cleave
What Italian Sexual Violence Law Can Teach Us Law In The #Metoo Era, Rachel A. Van Cleave
Publications
On International Women’s Day, with women facing challenges on equal pay, reproductive rights, sexual harassment and violent sexual assault, the topic of sudden, forced and unwanted kisses initially seems trivial, unworthy of consideration. However, Alva Johnson’s recent civil complaint against Donald Trump for kissing her on the side of her mouth, raises the question of whether such conduct should be criminal in the United States.
They Still Just Don’T Get It: The Lessons Of The #Metoo Movement Through The Lens Of Supreme Court Nominations, Maryann Grover
They Still Just Don’T Get It: The Lessons Of The #Metoo Movement Through The Lens Of Supreme Court Nominations, Maryann Grover
Law Student Publications
Many have hailed the #MeToo Movement as a turning point in the way this country discusses sexual assault and sexual harassment, but when looking at the #MeToo Movement through the lens of Supreme Court nominations, it is unclear whether the impact of the Movement will be as farreaching as some imagine. The hearing of Anita Hill, which came before the #MeToo Movement, and the hearing of Dr. Christine Blasey Ford, which came after the #MeToo Movement, perhaps demonstrate that the #MeToo Movement has reached its limit culturally and now institutional change must be the focus in order for the goals …
Talking About Black Lives Matter And #Metoo, Linda S. Greene, Lolita Buckner Innes, Bridget J. Crawford, Mehrsa Baradaran, Bennett Capers, Osamudia R. James, Keisha Lindsay
Talking About Black Lives Matter And #Metoo, Linda S. Greene, Lolita Buckner Innes, Bridget J. Crawford, Mehrsa Baradaran, Bennett Capers, Osamudia R. James, Keisha Lindsay
Articles
No abstract provided.
System Accountability And Sexual Assault: The Past And Future Of The Criminal Justice System, Alta Viscomi
System Accountability And Sexual Assault: The Past And Future Of The Criminal Justice System, Alta Viscomi
Law Student Publications
The #MeToo Movement and the rise in the public consciousness of the impact of sexual violence has made abundantly clear that the legal rape reform movement that began in the 1970s was largely unsuccessful in stemming the tide of sexual violence. That movement was directed at the procedures in criminal justice system that make rape prosecutions easier for the state, but it failed to address the state’s role in enabling and perpetuating sexual violence. By failing to address those issues and by actively turning to carceral feminism, the state implemented a system in which sexual violence reporting remains low while …
A New #Metoo Result: Rejecting Notions Of Romantic Consent With Executives, Michael Z. Green
A New #Metoo Result: Rejecting Notions Of Romantic Consent With Executives, Michael Z. Green
Faculty Scholarship
With the growth of the #MeToo movement since October 2017, more than 200 prominent male executives have lost their jobs. Some pushback has occurred as many of these executives have asserted their behavior was not inappropriate because their acts were consensual. Essentially, this argument requires companies evaluating this behavior to find nothing wrong when executives use their vast power and influence to have romantic and sexual relationships with their subordinates who do not say “no.”
Those suggesting that the #MeToo movement has gone too far believe it will result in unintended consequences where totally benign and even positive engagement between …
Coworker Retaliation In The #Metoo Era, Deborah Brake
Coworker Retaliation In The #Metoo Era, Deborah Brake
Articles
The national firestorm sparked by #MeToo has galvanized feminist legal scholars to reconsider the Title VII framework governing workplace sexual harassment and the potential for #MeToo to transform workplace culture in a way that Title VII, to date, has not. In the analysis of #MeToo’s prospects for change, less attention has been paid to how Title VII’s protection from retaliation intersects with the movement. One particular aspect of retaliation law – coworker retaliation – has thus far escaped the attention of legal scholars. Already underdeveloped as a species of retaliation law, coworker retaliation holds particular resonance for the #MeToo movement …
#Metoo, Wrongs Against Women, And Restorative Justice, Laurie S. Kohn
#Metoo, Wrongs Against Women, And Restorative Justice, Laurie S. Kohn
GW Law Faculty Publications & Other Works
This article considers the allegations that have surfaced against high-profile perpetrators as a sample of the range of accusations raised generally through the #MeToo movement and analyzes the current responses available to redress the wrongs identified. The civil and criminal justice systems provide legal responses to sexual assault and harassment; social media and traditional media have also come to play a responsive role in this movement. The article considers the efficacy of both systems in delivering the resolutions we seek and analyzes the pros and cons of media justice and its potential for delivering just and desirable outcomes for victims …
#Metoo, Statutory Rape Laws, And The Persistence Of Gender Stereotypes, Leslie Y. Garfield Tenzer
#Metoo, Statutory Rape Laws, And The Persistence Of Gender Stereotypes, Leslie Y. Garfield Tenzer
Elisabeth Haub School of Law Faculty Publications
This Article proceeds in five parts. Part I reviews the history of the legal and social movement from gender-specific to gender-neutral statutory rape laws. This Part includes an exploration of critical scholarship responding to the Supreme Court's Michael M. decision. Part II explains the limitations of gender-specific legislation. This Part illustrates that there are two categories of gender-neutral statutory rape jurisdictions: age-differential statutes and arbitrary prosecution statutes. This Part also explores challenges to these statutes, particularly arbitrary prosecution statutes, on equal protection grounds. Part III provides empirical data that men are prosecuted at a rate four times greater than females …