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Articles 1 - 9 of 9
Full-Text Articles in Law
#Wetoo, Kimberly Kessler Ferzan
#Wetoo, Kimberly Kessler Ferzan
All Faculty Scholarship
The #MeToo movement has caused a widespread cultural reckoning over sexual violence, abuse, and harassment. “Me too” was meant to express and symbolize that each individual victim was not alone in their experiences of sexual harm; they added their voice to others who had faced similar injustices. But viewing the #MeToo movement as a collection of singular voices fails to appreciate that the cases that filled our popular discourse were not cases of individual victims coming forward. Rather, case after case involved multiple victims, typically women, accusing single perpetrators. Victims were believed because there was both safety and strength in …
How To Think (Like A Lawyer) About Rape, Kimberly Kessler Ferzan, Peter K. Westen
How To Think (Like A Lawyer) About Rape, Kimberly Kessler Ferzan, Peter K. Westen
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From the American Law Institute to college campuses, there is a renewed interest in the law of rape. Law school faculty, however, may be reluctant to teach this deeply debated topic. This article begins from the premise that controversial and contested questions can be best resolved when participants understand the conceptual architecture that surrounds and delineates the normative questions. This allows participants to talk to one another instead of past each other. Accordingly, in this article, we begin by diffusing two non-debates: the apparent conflict created when we use “consent” to mean two different things and the question of whether …
Campus Sexual Misconduct As Sexual Harassment: A Defense Of The Doe, Katharine Baker
Campus Sexual Misconduct As Sexual Harassment: A Defense Of The Doe, Katharine Baker
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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 …
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 …
Sexuality And Incapacity, Alexander Boni-Saenz
Sexuality And Incapacity, Alexander Boni-Saenz
All Faculty Scholarship
No abstract provided.
Dna Helps Clear Man's Name From Rape Charge After 24 Years, Colin Starger
Dna Helps Clear Man's Name From Rape Charge After 24 Years, Colin Starger
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No abstract provided.
A Reckless Response To Rape: A Reply To Ayres And Baker, Kimberly Kessler Ferzan
A Reckless Response To Rape: A Reply To Ayres And Baker, Kimberly Kessler Ferzan
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In a recent article in the University of Chicago Law Review, Professors Ian Ayres and Katharine Baker propose the crime of "reckless sexual conduct," criminalizing unprotected first-encounter sexual intercourse. The goals of this proposal are to combat the epidemic of sexually transmitted diseases by requiring condom use and to reduce acquaintance rape by "forcing" communication. While the goals are admirable, the proposal is deeply flawed. As public health legislation, it is overinclusive, thereby punishing the morally innocent, and its conception of consent as an affirmative defense fundamentally misunderstands criminal responsibility. As rape reform, which is arguably the true aim of …
New Federal Rules In Sex Offense Cases, Lynn Mclain
New Federal Rules In Sex Offense Cases, Lynn Mclain
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This article from the November/December 1995 issue of the Maryland Bar Journal details the changes made to the Federal Rules of Evidence following the enactment of the 1994 Comprehensive Crime Bill. Questions raised by the new rules and the response of the Judicial Conference are also discussed.
Recognizing Violence Against Women: Gender And The Hate Crimes Statistics Act, Elizabeth Pendo
Recognizing Violence Against Women: Gender And The Hate Crimes Statistics Act, Elizabeth Pendo
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This article argues that acts of gender-based violence should be recognized under the Hate Crimes Statistics Act of 1990, and that certain types of violence against women, such as rape, are fundamentally gender-based. Part I examines the existing definition of hate crimes under the HCSA, and the exclusion of the majority of violence against women. Part II suggests gender should be included as a category under the HCSA because of the similar effects of violence directed at women due to gender, and violence directed at members of other groups because of their group identity. Using acquaintance rape as an example, …