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Selected Works

2016

Due process

Articles 1 - 3 of 3

Full-Text Articles in Law

Campus Sexual Misconduct As Sexual Harassment: A Defense Of The Doe, Katharine K. Baker May 2016

Campus Sexual Misconduct As Sexual Harassment: A Defense Of The Doe, Katharine K. Baker

Katharine K. Baker

This article explains and defends the Department of Education’s campaign against sexual misconduct on college campuses. It does so because DOE has inexplicably failed to make clear that their goal is to protect women from the intimidating and hostile environment that results when men routinely use women sexually, without regard to whether women consent to the sexual activity. That basic point, that schools are policing harassing and intimidating behavior, not necessarily rape, has been lost on both courts and commentators. Boorish, entitled, sexual behavior that stops well short of rape, if pervasive enough, has been actionable as sexual harassment for …

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Current Trends In Junk Debt Buyer Litigation.Pdf, Peter Holland Apr 2016

Current Trends In Junk Debt Buyer Litigation.Pdf, Peter Holland

Peter A. Holland

This article examines current trends in debt buyer litigation, including a review of recent regulatory actions and the impact of debt buyer lawsuits on individual consumers and on small claims courts. The article calls for a ban on the sale of consumer junk debt by banks, and for a requirement to make public the terms, conditions and disclaimers from sales contracts between banks and junk debt buyers.

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Arbitral Justice: The Demise Of Due Process In American Law, Thomas E. Carbonneau Apr 2016

Arbitral Justice: The Demise Of Due Process In American Law, Thomas E. Carbonneau

Thomas Carbonneau

Arbitration consists of a process for resolving disputes in a final and binding manner outside the traditional court system. The rules that govern arbitration provide for flexible proceedings and do not require the strict application of legal rules. Owing largely to the holdings of the U.S. Supreme Court, arbitration law and procedure have emerged from the obscurity of specialized practice and entered the adjudicatory mainstream. In 1925, with the enactment of the U.S. Arbitration Act, the U.S. Congress declaredthe rehabilitation of arbitral justice and dispute resolution. These provisionsanticipated, in effect, the modern, world-wide legislative legitimization ofarbitration. Primarily because of the …

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