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Articles 1 - 27 of 27
Full-Text Articles in Law
Accommodating Victims With Mental Disabilities, Danielle Shelton
Accommodating Victims With Mental Disabilities, Danielle Shelton
Dickinson Law Review (2017-Present)
The #MeToo movement has brought the voices of victims of sexual assault into the public’s eye and, in turn, into the legal system. As its name suggests, the movement’s strength lies in numbers—it is, after all, hard to ignore the collective voices of a group of considerable size and visibility. This Article argues that another group of victims—namely, victims who have mental disabilities— also are desperately in need of their own movement to raise public awareness and bring about reform. However, because of their cognitive and communication impairments, this group of victims is unlikely to effectuate reform itself. Instead, these …
Title Ix & Disparate Impact: The Harmful Effects Of Abstinence-Centric Education, Olivia S. Lanctot
Title Ix & Disparate Impact: The Harmful Effects Of Abstinence-Centric Education, Olivia S. Lanctot
William & Mary Journal of Race, Gender, and Social Justice
Throughout the United States, schools are failing to provide students with comprehensive sex education that equips student with the life skills necessary for healthy relationships. This shortcoming has numerous psychological, emotional, and physical health consequences for the American youth. This Note will focus on how abstinence-centric curricula can influence sexual and teen dating violence. Presently, only one state requires instruction on consent, leaving most students to first encounter consent education or anti-harassment training in higher education institutions or the workplace. In light of the high rates of violence many young people experience before turning eighteen, this instruction often comes too …
280 Characters To § 230 Immunity: Protecting Individual Sexual Assault Allegations On Twitter From Defamation Liability, Elizabeth Profaci
280 Characters To § 230 Immunity: Protecting Individual Sexual Assault Allegations On Twitter From Defamation Liability, Elizabeth Profaci
William & Mary Journal of Race, Gender, and Social Justice
One in four female undergraduate students has been sexually assaulted. These students are three times more likely to experience sexual violence than any other group. Frustrated with the Title IX process on their campuses and the lack of discipline for their assailants, these students are unlikely to report their assault. Instead, they quietly tell their friends and other students, and in some cases, anonymously share their stories online. But instead of receiving support, these survivors are often faced with lawsuits. Accused assailants are using, or threatening to use, defamation lawsuits in an attempt to silence survivors who speak out, even …
Protecting Women's Voices: Preventing Retaliatory Defamation Claims In The #Metoo Context, Nicole Ligon
Protecting Women's Voices: Preventing Retaliatory Defamation Claims In The #Metoo Context, Nicole Ligon
St. John's Law Review
(Excerpt)
As part of a personal commitment to positively utilize my legal skills, I joined the Legal Network for Gender Equity, a group of attorneys who support individuals seeking to come forward about their experiences with sexual harassment and assault. Through this network, I regularly counsel women who want to share their stories but are concerned that by doing so, they may open themselves up to costly defamation suits from their aggressors. Their concerns are not so much rooted in any notion that their stories are or could actually be defamatory. Instead, these concerns often stem from a recognition that …
Why Title Ix Is At A Crossroads, Rexford Sheild
Why Title Ix Is At A Crossroads, Rexford Sheild
Marquette Sports Law Review
No abstract provided.
Taking The Lead: A Strategic Analysis Of Stealthing And The Best Route For Potential Civil Plaintiffs To Recover, Mckenney Cornett
Taking The Lead: A Strategic Analysis Of Stealthing And The Best Route For Potential Civil Plaintiffs To Recover, Mckenney Cornett
William & Mary Journal of Race, Gender, and Social Justice
A pervasive trend invading the sexual interactions between men and women, and homosexual men, is “stealthing” or “nonconsensual condom removal.” Stealthing garnered national and legal attention following Alexandra Brodsky’s article and study concerning the practice published in 2017. A typical stealthing case involves an initial, consensual sexual relationship between two parties predicated on the use of contraception. During the act, the partner removes the condom without the knowledge or consent of their sexual partner.
Despite its widespread impact, there has yet to be a criminal or civil case concerning nonconsensual condom removal brought in the United States, and the legislature …
The Kavanaugh Court And The Schechter-To-Chevron Spectrum: How The New Supreme Court Will Make The Administrative State More Democratically Accountable, Justin Walker
Indiana Law Journal
In a typical year, Congress passes roughly 800 pages of law—that’s about a seveninch
stack of paper. But in the same year, federal administrative agencies promulgate
80,000 pages of regulations—which makes an eleven-foot paper pillar. This move
toward electorally unaccountable administrators deciding federal policy began in
1935, accelerated in the 1940s, and has peaked in the recent decades. Rather than
elected representatives, unelected bureaucrats increasingly make the vast majority
of the nation’s laws—a trend facilitated by the Supreme Court’s decisions in three
areas: delegation, deference, and independence.
This trend is about to be reversed. In the coming years, Congress will …
#Metoo Meets The Emergency Room: Providing And Paying For Care After A Sexual Assault, Stacey L. Worthy, Shruti R. Kulkarni, Taylor J. Kelly, Jessica Johnson
#Metoo Meets The Emergency Room: Providing And Paying For Care After A Sexual Assault, Stacey L. Worthy, Shruti R. Kulkarni, Taylor J. Kelly, Jessica Johnson
Saint Louis University Journal of Health Law & Policy
Sexual assault continues to be a major public health problem in the United States. Compounding the problem, survivors of sexual assault all too often face challenges of obtaining and paying for sexual assault forensic exams (SAFEs), commonly referred to as a “rape kit,” and related medical services. Sexual assault survivors who do seek medical care in the emergency department (ED) are often turned away for several reasons, such as EDs determining that sexual assault is not an emergency medical condition, failing to carry SAFEs, or refusing to treat survivors who lack proof of insurance. Denial of care can …
Impact Statements: Giving A Voice To Sexual Assault Survivors, Anamika Roy
Impact Statements: Giving A Voice To Sexual Assault Survivors, Anamika Roy
University of Maryland Law Journal of Race, Religion, Gender and Class
No abstract provided.
When Is Due Process Due?: The Impact Of Title Ix Sexual Assault Adjudication On The Rights Of University Students, Rachael A. Goldman
When Is Due Process Due?: The Impact Of Title Ix Sexual Assault Adjudication On The Rights Of University Students, Rachael A. Goldman
Pepperdine Law Review
As a part of the Educational Amendments of 1972, Title IX was created to address sex discrimination in sports programs receiving federal funding. However, its scope has ballooned tremendously over the years to include a variety of conduct occurring on college campuses. Currently, Title IX is the primary legislation governing sexual assault and harassment allegations stemming from universities. This Note explores the use of Title IX in universities and addresses the concerns that arise when a civil rights law becomes the primary mechanism for adjudicating allegations of criminal conduct. Specifically, this Note addresses the due process concerns that arise when …
An Examination Of How The Canadian Military's Legal System Responds To Sexual Assault, Elaine Craig
An Examination Of How The Canadian Military's Legal System Responds To Sexual Assault, Elaine Craig
Dalhousie Law Journal
Although the Canadian military has been conducting sexual assault trials for over twenty years, there has been no academic study of them and no external review of them. This review of the military’s sexual assault cases (the first of its kind) yields several important findings. First, the conviction rate for the offence of sexual assault by courts martial is dramatically lower than the rate in Canada’s civilian criminal courts. The difference between acquittal rates in sexual assault cases in these two systems appears to be even larger. Since Operation Honour was launched in 2015 only one soldier has been convicted …
The Baylor Clause: Report Or Be Fired, Martin J. Greenberg, Andrew Mentzer, Madeline Wergin
The Baylor Clause: Report Or Be Fired, Martin J. Greenberg, Andrew Mentzer, Madeline Wergin
Marquette Sports Law Review
None
Hb 282 - Preservation Of Sexual Assault Evidence, Rebecca A. Dickinson, Alessandra T. Palazzolo
Hb 282 - Preservation Of Sexual Assault Evidence, Rebecca A. Dickinson, Alessandra T. Palazzolo
Georgia State University Law Review
This Act extends the time that law enforcement agencies are required to preserve certain evidence of sexual assault. Physical evidence of a reported sexual assault will be preserved for fifty years, and if there is an arrest, for thirty years from the date of arrest or seven years from the sentence’s completion.
Censoring Hate In The Music Industry: Shifting Perspectives In Pursuit Of Cultural Equity, Joey A. Tan
Censoring Hate In The Music Industry: Shifting Perspectives In Pursuit Of Cultural Equity, Joey A. Tan
Backstage Pass
Music is intended to be expressive and unconstrained, a tool of communicating emotion and bridging humanity. As such, censorship is widely despised among music creators, listeners, publishers, distributors, and other music industry stakeholders. “Freedom of expression,” however, proves to be an applicable argument for both sides of the matter when the censorship concerns hate directed at marginalized communities. Analyzing the concept of censorship through the lens of those with privilege and power fails to recognize the extent to which hate speech impacts its victims and the indirect recipients of the message. As a powerful influencer of popular and youth cultures, …
Tik Tok: Time To Eradicate Sexual Assault In The Music Industry Through The Implied Covenant Of Good Faith And Fair Dealing, Chanel Chasanov
Tik Tok: Time To Eradicate Sexual Assault In The Music Industry Through The Implied Covenant Of Good Faith And Fair Dealing, Chanel Chasanov
DePaul Journal of Women, Gender and the Law
No abstract provided.
Group Defamation, Power, And A New Test For Determining Plaintiff Eligibility, Jeffrey Greenwood
Group Defamation, Power, And A New Test For Determining Plaintiff Eligibility, Jeffrey Greenwood
Fordham Intellectual Property, Media and Entertainment Law Journal
In the fall of 2014, Rolling Stone Magazine published an article describing the rape of a woman at a University of Virginia fraternity house. The story turned out to be false, and members of the fraternity sued for defamation. The suit raises an interesting question: under what circumstances may anonymous individual members of the fraternity recover? This Note describes the case, related common and constitutional law, as well as differences in group defamation doctrine across jurisdictions. After detailing problems with the existing paradigm, the Note proposes a new method for performing the analysis.
Rape And Sexual Violence: Questionable Inevitability And Moral Responsibility In Armed Conflict, Katherine W. Bogen
Rape And Sexual Violence: Questionable Inevitability And Moral Responsibility In Armed Conflict, Katherine W. Bogen
Scholarly Undergraduate Research Journal at Clark (SURJ)
Wartime sexual violence is a critical human rights issue that usurps the autonomy of its victims as well as their physical and psychological safety. It occurs in both ethnic and non-ethnic wars, across geographic regions, against both men and women, and regardless of the “official” position of commanders, states, and armed groups on the use of rape as tactic of war. This problem is current, pervasive, and global in spite of the status of wartime sexual violence perpetration as a crime against humanity and the capacity of the international criminal court to indict offenders. Though some scholars have argued that …
An Inside Job: The Role Correctional Officials Play In The Occurrence Of Sexual Assault In U.S. Detention Centers, Kristine M. Schanbacher
An Inside Job: The Role Correctional Officials Play In The Occurrence Of Sexual Assault In U.S. Detention Centers, Kristine M. Schanbacher
DePaul Journal for Social Justice
No abstract provided.
A Remedy For Male-To-Female Transgender Inmates: Applying Disparate Impact To Prison Placement, Janei Au
A Remedy For Male-To-Female Transgender Inmates: Applying Disparate Impact To Prison Placement, Janei Au
American University Journal of Gender, Social Policy & the Law
No abstract provided.
Quis Custodiet Ipsos Custodies? The Current State Of Sexual Assault Reform Within The U.S. Military And The Need For The Use Of A Formal Decisionmaking Process In Further Reform, Danielle Rogowski
Seattle University Law Review
Who protects those who protect the nation? In the United States, these responsibilities are levied upon the U.S. Congress, which has Constitutional authority to “make rules for the Government and Regulation of the land and naval Forces.” As such, the U.S. military currently has a robust and well-developed judicial system governed by the Uniform Code of Military Justice (UCMJ). Yet critics have attacked this system during the past two decades by alleging that it fails to adequately prevent and prosecute sexual assault within the ranks. Following scandals at the 1991 Tailhook Convention, Aberdeen Proving Grounds, and the United States Air …
The Right To No: The Crime Of Marital Rape, Women's Human Rights, And International Law, Melanie Randall, Vasanthi Venkatesh
The Right To No: The Crime Of Marital Rape, Women's Human Rights, And International Law, Melanie Randall, Vasanthi Venkatesh
Brooklyn Journal of International Law
More than half of the world’s countries do not explicitly criminalize sexual assault in marriage. While sexual assault in general is criminalized in these countries, sexual assault perpetrated by a spouse is entirely legal. The human rights violations inhere in acts of violence against women are now well recognized. Yet somehow marital rape is a particular form of gendered violence that has escaped both criminal law sanctions and human rights approbation in a great number of the world’s nations.
This silence in the law creates legal impunity for men who sexually assault or rape the women who are their wives …
Inevitable Horrors: Sexual Assault In Prison, Cierra Simpson
Inevitable Horrors: Sexual Assault In Prison, Cierra Simpson
Saint Louis University Law Journal
No abstract provided.
Veterans Affairs Benefits For Sexually Assaulted Male Veterans, Reid C. Schweitzer
Veterans Affairs Benefits For Sexually Assaulted Male Veterans, Reid C. Schweitzer
William & Mary Journal of Race, Gender, and Social Justice
No abstract provided.
A Feather On One Side, A Brick On The Other: Tilting The Scale Against Males Accused Of Sexual Assault In Campus Disciplinary Proceedings, Barclay S. Hendrix
A Feather On One Side, A Brick On The Other: Tilting The Scale Against Males Accused Of Sexual Assault In Campus Disciplinary Proceedings, Barclay S. Hendrix
Georgia Law Review
On April 4, 2011, the Department of Education's Office
of Civil Rights issued a "Dear Colleague" letter regarding
Title JX's applicability to sexual violence on college
campuses. This letter was sent to every college or
university receiving federal funding and instructed
recipients on how to meet their legal obligations. Some of
the most important changes in the letter pertained to how
schools must conduct their grievance procedures in
adjudicatingsexual assault claims. First, the 2011 letter
requires that schools use a preponderance of the evidence
standard to determine the accused's guilty or innocence.
Second, the letter strongly discourages schools from
allowing …
State Ex Rel., J.P.F., Janie Byalik
Personal Fouls: How Sexual Assault By Football Players Is Exposing Universities To Title Ix Liability, Christopher M. Parent
Personal Fouls: How Sexual Assault By Football Players Is Exposing Universities To Title Ix Liability, Christopher M. Parent
Fordham Intellectual Property, Media and Entertainment Law Journal
No abstract provided.
The Violence Against Women Act: Civil Rights For Sexual Assault Victims, W. H. Hallock
The Violence Against Women Act: Civil Rights For Sexual Assault Victims, W. H. Hallock
Indiana Law Journal
No abstract provided.