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Full-Text Articles in Criminal Law
#Metoo And Mass Incarceration, Aya Gruber
#Metoo And Mass Incarceration, Aya Gruber
Publications
This Symposium Guest Editor’s Note is an adapted version of the Introduction to The Feminist War on Crime: The Unexpected Role of Women’s Liberation in Mass Incarceration (UC Press 2020). The book examines how American feminists, in the quest to secure women’s protection from domestic violence and rape, often acted as soldiers in the war on crime by emphasizing white female victimhood, expanding the power of police and prosecutors, touting incarceration, and diverting resources toward law enforcement and away from marginalized communities Today, despite deep concerns over racist policing and mass incarceration, many feminists continue to assert that gender crime …
Sex Wars As Proxy Wars, Aya Gruber
Sex Wars As Proxy Wars, Aya Gruber
Publications
The clash between feminists and queer theorists over the meaning of sex—danger versus pleasure—is well- trodden academic territory. Less discussed is what the theories have in common. There is an important presumption uniting many feminist and queer accounts of sexuality: sex, relative to all other human activities, is something of great, or grave, importance. The theories reflect Gayle Rubin’s postulation that "everything pertaining to sex has been a ‘special case’ in our culture.” In the #MeToo era, we can see all too clearly how sex has an outsized influence in public debate. Raging against sexual harm has become the preferred …
#Metoo Movement: Solutions, Raquelle A. Walker-White Ms
#Metoo Movement: Solutions, Raquelle A. Walker-White Ms
Undergraduate Research
Sexual assault and sexual harassment is a prevalent issue that affects women at disproportionate rates on college campuses, in the workplace and in society in general. The #MeToo movement aims to bring discussion around these issues, hold sexual predators accountable for their actions, and provide a support system for survivors of sexual assault and harassment. #MeToo Movement: Solutions analyzes the scope of the problem in the United States, famous cases surrounding sexual assault, and the different solutions colleges, society in general, and legislation have put in place to combat this issue. The #MeToo Movement has made a lot of headway …
Equality, Process, And Campus Sexual Assault, Julie Novkov
Equality, Process, And Campus Sexual Assault, Julie Novkov
Maryland Law Review
No abstract provided.
The Criminalization Of Title Ix, Erin R. Collins
The Criminalization Of Title Ix, Erin R. Collins
Law Faculty Publications
This essay proceeds in three parts. Part I provides a brief overview of the history of feminist-influenced criminal rape law reform and the rise of carceral feminism. Part II demonstrates how key tenets of the criminal law approach have been imported into emerging Title IX policies. Part III engages in a brief distributional analysis to identify who benefits and who loses from this approach. Then, drawing on insights from critical feminist critiques of rape law reform, begins to identify ways to use the opportunity Title IX presents to craft a very different kind of response to sexual assault--one that focuses …
For The Title Ix Civil Rights Movement: Congratulations And Cautions, Nancy Chi Cantalupo
For The Title Ix Civil Rights Movement: Congratulations And Cautions, Nancy Chi Cantalupo
Faculty Scholarship
No abstract provided.
Anti-Rape Culture, Aya Gruber
Anti-Rape Culture, Aya Gruber
Publications
This essay, written for the Kansas Law Review Symposium on Campus Sexual Assault, critically analyzes “anti-rape culture” ― a set of empirical claims about rape’s prevalence, causes, and effects and a set of normative ideas about sex, gender, and institutional authority ― which has heralded a new era of discipline, in all senses of the word, on college campuses. In the past few years, publicity about the campus rape crisis has created widespread anxiety, despite the fact that incidents of sexual assault have generally declined and one-in-four-type statistics have been around for decades. The recent surge of interest is due …
Schools Are Employers Too: Rethinking The Institutional Liability Standard In Title Ix Teacher-On-Student Sexual Harassment Suits, Kathleen Mary E. Mayer
Schools Are Employers Too: Rethinking The Institutional Liability Standard In Title Ix Teacher-On-Student Sexual Harassment Suits, Kathleen Mary E. Mayer
Georgia Law Review
To be entitled to any remedy under Title IX, students bringing private causes of action must show that their schools acted with actual knowledge and deliberate indifference. That liability standard is applied to both teacher-on-student and peer-on-peer harassment claims, without regard for an educational institution's relative control over the conduct of its employees versus its students. Schools should be held to a stricter standard in teacher-on-student cases than in peer-on-peer cases for numerous reasons of both law and policy. Considering that Title VII standards of liability do turn on relative control, a quirky imbalance results whereby a school is more …
Consent Confusion, Aya Gruber
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 …
Rape Law Revisited, Aya Gruber
Rape Law Revisited, Aya Gruber
Publications
This essay introduces the Ohio State Journal of Criminal Law Symposium, “Rape Law Revisited” (Vol. 13(2)). The Symposium features articles by Deborah Tuerkheimer, Kimberly Ferzan, David Bryden and Erica Madore, Bennett Capers, and Erin Collins. The symposium provides fresh perspectives on the issues surrounding sexual assault law and policy in today’s environment. The introduction notes that the current rape reform redux is not just a rehashing of old arguments, but boasts many new features. Today’s rape activism occurs in a moment when feminist ideas about coerced sex no longer exist at the margins — they govern and enjoy cultural acceptance, …
"Nobody's Saying We're Opposed To Complying": Barriers To University Compliance With Vawa And Title Ix, Charlotte Savino
"Nobody's Saying We're Opposed To Complying": Barriers To University Compliance With Vawa And Title Ix, Charlotte Savino
Cornell Law Library Prize for Exemplary Student Research Papers
Part I of this note will explore the government’s action in addressing sexual assault on campus, including the history of VAWA, the Clery Act, and Title IX. Part II will posit barriers to compliance, including ambiguous mandates, due process issues of private adjudication, and privacy law. Part III encapsulates the current political landscape and the laws that are under consideration. Part IV concludes with the financial and legal consequences of university action and inaction, including lawsuits brought by victims, lawsuits brought by the accused, Department of Education and Office of Civil Rights fines, and admissions consequences as prospective students actively …
A Deficiency In Addressing Campus Sexual Assault: The Lack Of Women Law Enforcement Officers, Nat Stern, Karen Oehme
A Deficiency In Addressing Campus Sexual Assault: The Lack Of Women Law Enforcement Officers, Nat Stern, Karen Oehme
Scholarly Publications
The federal government has taken a range of measures to combat the scourge of sexual assault afflicting college campuses across the nation. Whatever the efficacy of these policies, however, they fail to address a major obstacle to curbing sexual violence on campus: the chronically low rate of reporting of this crime to police. Research on crime data has produced evidence that as female representation among police officers increases, more crimes against women are reported. Yet, most university campus law enforcement agencies-tasked with taking a “central role” in combatting sexual assault-include strikingly few female officers. This Article proposes an increase in …
Anti-Rape Culture, Aya Gruber
Student Gladiators And Sexual Assault: A New Analysis Of Liability For Injuries Inflicted By College Athletes, Ann Scales
Michigan Journal of Gender & Law
This Article will focus on an issue that was probably not on the minds of 19th century educators, nor primarily on the minds of the legions of present-day academic critics of intercollegiate sports. Namely, this Article explores the ways in which big-time athletics- particularly football-normalize and encourage harms to women, including educational and sexual harms. The author’s theses depend upon acknowledging certain open secrets about college football: that it is a celebration of male physical supremacy (measured by male standards); that it is something that society lets males do and have as their sport, for reasons both good and bad; …