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Fighting The Rape Culture Wars Through The Preponderance Of The Evidence Standard, Deborah Brake
Fighting The Rape Culture Wars Through The Preponderance Of The Evidence Standard, Deborah Brake
Articles
In the heated controversy over the obligations Title IX places on colleges and universities to respond to sexual assault, no issue has been more contentious than the standard of proof used to make findings of responsibility in internal student misconduct processes. In 2011, the Office for Civil Rights (OCR) of the U.S. Department of Education released a “Dear Colleague” letter (DCL) clarifying the obligations imposed on institutions of higher education to use fair and equitable grievances procedures in resolving allegations of sexual assault. Among numerous other requirements, the DCL alerted colleges and universities that it expected them to use the …
U.S. Discovery In A Transnational And Digital Age And The Increasing Need For Comparative Analysis, Vivian Grosswald Curran
U.S. Discovery In A Transnational And Digital Age And The Increasing Need For Comparative Analysis, Vivian Grosswald Curran
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U.S. Courts generally prefer applying the Federal Rules of Civil Procedure over The Hague Evidence Convention for the taking of documentary evidence located abroad. With respect to the French blocking statute with which the Supreme Court was dealing in the seminal case of Aérospatiale, and under the powerful influence of stare decisis, a line of cases developed dismissing the French blocking statute for having been intended by its legislature principally to thwart the sovereignty of the U.S. trial court, and never having been intended to be enforced. Criteria for the general assessment of blocking statutes have emerged from the courts’ …