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Articles 1 - 13 of 13
Full-Text Articles in Education
The Legal Limits Of “Yes Means Yes”, Paul H. Robinson
The Legal Limits Of “Yes Means Yes”, Paul H. Robinson
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This op-ed piece for the Chronicle of Higher Education argues that the affirmative consent rule of "yes means yes" is a useful standard that can help educate and ideally change norms regarding consent to sexual intercourse. But that goal can best be achieved by using “yes means yes” as an ex ante announcement of the society's desired rule of conduct. That standard only becomes problematic when used as the ex post principle of adjudication for allegations of rape. Indeed, those most interested in changing existing norms ought to be the persons most in support of distinguishing these two importantly different …
Consent, Culpability, And The Law Of Rape, Kimberly Kessler Ferzan
Consent, Culpability, And The Law Of Rape, Kimberly Kessler Ferzan
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This Article explores the relationship between consent and culpability. The goal is to present a thorough exposition of the tradeoffs at play when the law adopts different conceptions of consent. After describing the relationship between culpability, wrongdoing, permissibility, and consent, I argue that the best conception of consent—one that reflects what consent really is—is the conception of willed acquiescence. I then contend that to the extent that affirmative consent standards are aimed at protecting defendants, this can be better achieved through mens rea provisions. I then turn to the current victim-protecting impetus for affirmative expression standards, specifically, requirements that the …
What Will Our Future Look Like And How Will We Respond?, Michael A. Fitts
What Will Our Future Look Like And How Will We Respond?, Michael A. Fitts
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No abstract provided.
The Practice Of Teaching, The Practice Of Law: What Does It Mean To Practice Responsibly?, Howard Lesnick
The Practice Of Teaching, The Practice Of Law: What Does It Mean To Practice Responsibly?, Howard Lesnick
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No abstract provided.
Why Pro Bono In Law Schools, Howard Lesnick
Why Pro Bono In Law Schools, Howard Lesnick
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No abstract provided.
Being A Teacher, Of Lawyers: Discerning The Theory Of My Practice, Howard Lesnick
Being A Teacher, Of Lawyers: Discerning The Theory Of My Practice, Howard Lesnick
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No abstract provided.
Infinity In A Grain Of Sand: The World Of Law And Lawyers As Portrayed In The Clinical Teaching Implicit In The Law School Curriculum, Howard Lesnick
Infinity In A Grain Of Sand: The World Of Law And Lawyers As Portrayed In The Clinical Teaching Implicit In The Law School Curriculum, Howard Lesnick
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No abstract provided.
On Being A Role Model, Anita L. Allen
Introduction: "Plus Ca Change...?", Stephen B. Burbank
Introduction: "Plus Ca Change...?", Stephen B. Burbank
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No abstract provided.
The Integration Of Responsibility And Values: Legal Education In An Alternative Consciousness Of Lawyering And Law, Howard Lesnick
The Integration Of Responsibility And Values: Legal Education In An Alternative Consciousness Of Lawyering And Law, Howard Lesnick
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No abstract provided.
Manners, Metaprinciples, Metapolitics And Kennedy's Form And Substance, William W. Bratton
Manners, Metaprinciples, Metapolitics And Kennedy's Form And Substance, William W. Bratton
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No abstract provided.
Reassessing Law Schooling: The Sterling Forest Group, Howard Lesnick
Reassessing Law Schooling: The Sterling Forest Group, Howard Lesnick
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No abstract provided.
De Facto School Segregation: A Constitutional And Empirical Analysis, Frank I. Goodman
De Facto School Segregation: A Constitutional And Empirical Analysis, Frank I. Goodman
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No abstract provided.