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Law Commons

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

2018

Law and Gender

University of Pennsylvania Carey Law School

Consent

Articles 1 - 2 of 2

Full-Text Articles in Law

When Whispers Enter The Cloud, Heidi H. Liu Jan 2018

When Whispers Enter The Cloud, Heidi H. Liu

All Faculty Scholarship

With increased awareness of workplace harassment in recent years, the idea of enhanced reporting around sexual misconduct has gained traction. As a result, several technologies – from smartphone apps to well-publicized services – have been introduced with the goals of preventing, enabling reports of, and even predicting sexual misconduct at work, school and in public. But to what extent are these technologies secure and accessible to survivors? This Note documents the existing resources and proposes a framework focusing on privacy and participation for evaluating these tools intended to benefit survivors.


Consent And Coercion, Kimberly Kessler Ferzan Jan 2018

Consent And Coercion, Kimberly Kessler Ferzan

All Faculty Scholarship

There are substantial disputes as to what sorts of behavior constitute coercion and thereby undermine consent. This disagreement was on full display during the public fray over Aziz Ansari’s behavior on a date. Whereas some commentators condemned Ansari’s behavior as nothing short of sexual assault, others believed his behavior did not rise to the level of undermining consent.

This Article claims that the way forward is to see that there are two normative functions for coercion, and each is at play with respect to consent. Sometimes coercion is about the blameworthiness of the coercer, and sometimes coercion is about the …