(En)forcing a Foolish Consistency?: A Critique and Comparative Analysis of the Trump Administration’s Proposed Standard of Evidence Regulation for Campus Title IX Proceedings

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...

Does the Draft Restatement of the Law of Liability Insurance Wrongly Elevate Proof and Overvalue Legal Uncertainty? Yes, Given the Foreseeable Risk Insurers May More Often Decline the Duty to Defend as a Result

This Commentary [originally published in the Rutgers University Law Review] focuses on the proposed Restatement of the Law of Liability Insurance 2016, Tentative Draft No. 1, sections 4, 13, 18, 19, 21, and associated materials. Tentative Draft No. 1 of the American...