Law Commons^™

Top Ten Reasons Sen. Gillibrand’S Bill Is The Wrong Solution To Military Sexual Assault, Charles J. Dunlap Jr.

Faculty Scholarship

Over the years Congress has made plenty of efforts to “improve” the military justice system for a variety of reasons, but few matters have generated more offerings than did the Pentagon’s report this past spring of an estimated 26,000 victims of “unwanted sexual contacts” in the armed forces. Some initiatives to address this very critical problem, like the bipartisan effort of Senators Barbara Boxer and Lindsey Graham, look promising; others, not so much.

However, none are as misguided as Sen. Kirsten Gillibrand’s proposal. Indeed, it is hard to think of a proposal that could be more wrong for the military, …

The Phases And Faces Of The Duke Lacrosse Controversy: A Conversation James E. Coleman, Jr., James E. Coleman Jr., Angela Davis, Michael Gerhardt, K.C. Johnson, Lyrissa Lidsky, Howard M. Wasserman

Faculty Scholarship

This panel took place at the 2008 Annual Meeting of the Southeastern Association of Law Schools ("SEALS") in July 2008 in West Palm Beach, Florida

Is It Wrong To Sue For Rape?, Tom Lininger

Duke Law Journal

The title of this Article poses a rhetorical question. Of course it is not improper to site a rapist. The act of rape qualifies as a tort in all fifty states. Rape causes egregious injuries, both physical and psychological. The Supreme Court regards rape as the ultimate violation of personal autonomy. Other than homicide, no act is more plainly tortious. Yet the criminal justice system is surprisingly hostile to civil suits by rape survivors. Judges in criminal cases virtually always allow impeachment of accusers with evidence of civil suits against the alleged assailants or third parties. This Article surveys every …

Consensual Sex Crimes In The Armed Forces: A Primer For The Uninformed, Walter T. Cox Iii

Duke Journal of Gender Law & Policy

Though not specifically mentioned in this chapter, all disorders and neglects to the prejudice of good order and discipline in the armed forces, all conduct of a nature to bring discredit upon the armed forces, and crimes and offenses not capital, of which persons subject to this chapter may be guilty, . . . shall be punished at the discretion of that court.5 To implement this congressionally-enacted prohibition, the President, as Commander-in-Chief of the Armed Forces, has deemed by executive order that a number of acts are punishable under this Article.

Sexy Dressing Revisited: Does Target Dress Play A Part In Sexual Harassment Cases?, Theresa M. Beiner

Duke Journal of Gender Law & Policy

Feminists have been debating what constitutes appropriate female attire since the beginning of the feminist movement in the United States. Since the early 1990s, when Naomi Wolf's book The Beauty Myth was released, feminists, law professors, and popular culture critics have tried to understand women's dress in the present day. In spite of years of criticism of these beliefs, the bias this injects into rape trials, and even with the enactment of rape shield laws, this evidence still sneaks into rape cases. With this in mind, one would expect a similar phenomenon to occur in sexual harassment cases. As the …

Occupation Of The Womb: Forced Impregnation As Genocide, Siobhan K. Fisher

Duke Law Journal

No abstract provided.

By Force Of Arms: Rape, War, And Military Culture, Madeline Morris

Duke Law Journal

No abstract provided.

Prior Similar Acts In Prosecutions For Rape And Child Sex Abuse, Sara Sun Beale

Faculty Scholarship

No abstract provided.

Alaska’S Mens Rea Requirements For Statutory Rape, Benjamin L. Reiss

Alaska Law Review

No abstract provided.

The Empirical, Historical And Legal Case Against The Cautionary Instruction: A Call For Legislative Reform, A. Thomas Morris

Duke Law Journal

No abstract provided.

Rape Victim Shield Laws And The Sixth Amendment, J. Alexander Tanford, Anthony J. Bocchino

Faculty Scholarship

No abstract provided.