Open Access. Powered by Scholars. Published by Universities.®

Law Commons

Open Access. Powered by Scholars. Published by Universities.®

Sexuality and the Law

Fordham Law Review Online

Journal

2020

Articles 1 - 2 of 2

Full-Text Articles in Law

Novel Perspectives On Due Process Symposium: Punishment Without Process: “Victim Impact” Proceedings For Dead Defendants, Bruce A. Green, Rebecca Roiphe Aug 2020

Novel Perspectives On Due Process Symposium: Punishment Without Process: “Victim Impact” Proceedings For Dead Defendants, Bruce A. Green, Rebecca Roiphe

Fordham Law Review Online

When women accuse powerful men of sexual assault, there is increasing public pressure to resolve any doubts in the accusers’ favor before the criminal process is over, if not from the outset. Private individuals and institutions often do so without worrying about due process, but it is different for the trial court, where the presumption of innocence is supposed to apply. This is especially true where public shaming and the accompanying reputational consequences already constitute a kind of punishment. Although they may be sympathetic to accusers, especially those whose cause is championed by a strong and popular social movement, courts …


Novel Perspectives On Due Process Symposium: Do The Proposed Title Ix Regulations Protect Or Undermine Due Process?, Michelle J. Anderson Aug 2020

Novel Perspectives On Due Process Symposium: Do The Proposed Title Ix Regulations Protect Or Undermine Due Process?, Michelle J. Anderson

Fordham Law Review Online

Due process for those accused of sexual misconduct on college campuses has arisen as an area of increased concern. Many scholars focus on whether the (usually) male students accused of sexual assault and harassment get a fair shake in the quasi-judicial disciplinary proceedings mandated by Title IX, the federal civil rights law that prohibits sex discrimination in educational institutions.