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 | Intentional Torts to Persons, Sexual Assault
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 | 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...
Lauren Klosinski | August 31, 2018 | Sexual Assault
A piece for the Washington Post explores the new rules being prepared by Education Secretary Betsy DeVos that the Education Department plans to formally propose in September. These new rules will include procedural changes that will strengthen protections for students...
