Michele Landis Dauber and Meghan Warner | July 18, 2019 | Student Sexual Misconduct
ABSTRACTDespite a long history of reform efforts, college students remain vulnerable to sexual harassment and assault on campus. This essay surveys that history from the 1970s to the present, including a flurry of enforcement activity under President Obama and a...
Aya Gruber, Jennifer Long and Jennifer Morinigo | June 5, 2019 | Sexual Assault
Consent is a concept at the center of criminal law and sexual assault. So, why is it so difficult to accurately define? Sexual assault laws have evolved from requiring the victim to resist toward requiring consent. However, “consent” is defined in many ways.In this...
Erin E. Murphy and Kenneth W. Simons | March 26, 2019 | Sexual Assault, Torts: Intentional Torts to Persons
In this episode of Reasonably Speaking, NYU Law’s Erin Murphy and UC Irvine Law’s Ken Simons explore the difference between criminal law and tort law in the United States and then focus on how “consent” is, and should be, defined in sexual assault allegations.From...
William Kidder | February 13, 2019 | Student Sexual Misconduct
AbstractPrevention of sexual assault and sexual harassment are major challenges at U.S. colleges and universities today. In recent years a vigorous law and policy debate emerged within the higher education community about Title IX and whether the “preponderance of...
Kenneth W. Simons and Jonathan Cardi | December 6, 2018 | Torts: Intentional Torts to Persons
Abstract The five thoughtful, incisive articles by Professors Bernstein, Chamallas, Geistfeld, Moore, and Sugarman offer a breathtaking range of perspectives on the Restatement, Third of Torts: Intentional Torts to Persons (“ITR”). Some view tort law from the widest...
