In a recent Associated Press interview, NYU School of Law professor Erin E. Murphy brings attention to the complexity of sex assault laws and the definition of consent.
The public policy doctrine in the conflict of laws has been often characterised as uncertain and ambiguous. This article aims to examine the doctrine at common law from a theoretical perspective in order to: first, determine whether the substantive considerations which courts have invoked under the public policy doctrine are theoretically justifiable; second, discern principled boundaries around the courts’ exercise of the defence.
This Article examines what has been the role of the Supreme Court in integrating Indian nations as the third Sovereign within our federalist system.
This piece examines the role that concerns about finality have played in both capital cases and juvenile life-without-parole sentencing cases.
I will focus on a different, less discussed front: federal common law. The ALI’s influence on this front is more recent.
In “The Takedown of Title IX: Inside the fight over federal rules on campus sexual assault,” The New York Times highlights the tension between addressing sexual assault allegations and ensuring the due process rights of the accused during campus proceedings.