Walter Olson | August 13, 2019 | Sexual Assault
Many colleges have adopted a principle known as “affirmative consent,” which makes it easier to infer misconduct (and thus impose expulsion or other discipline) when a record is lacking in verbal or physical evidence one way or the other as to whether a student’s...
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...
Kenneth W. Simons, Jonathan Cardi and Jennifer Morinigo | May 16, 2019 | Torts: Intentional Torts to Persons
Restatement of the Law, Torts: Intentional Torts to PersonsThe following entry contains the Black Letter and Comments b, c, and d of Tentative Draft No. 4, Section 12. Categories of Consent That Preclude Liability.The full draft contains Reporters’ Notes. This draft...
Kenneth W. Simons, Jonathan Cardi, Erin E. Murphy and Jennifer Morinigo | April 26, 2019 | Torts: Intentional Torts to Persons
The following entry contains the Scope Note appearing at the beginning of Chapter 2 – Consent, featured in Tentative Draft No. 4 of Restatement of the Law Third, Torts: Intentional Torts to Persons. This draft will be presented to membership at the 2019 Annual Meeting...
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...
