Utmost Resistance

Jessica C. Brown
Jessica Brown Named Director of the Center for Justice Reform at VLGS

Shownotes on Jessica Stern and Denial

https://deconstructingrape.com/podcast/interview-with-jessica-stern/

Lord Hale Charge

The “Lord Hale Charge” draws its name from Sir Matthew Hale, a judge who shaped English common law during the 17th century. Hale’s writings and rulings on witchcraft and rape influenced legal practices and jury instructions for years to come.  He wrote:

It is true rape is a most detestable crime and therefore ought severely and impartially to be punished with death; but it must be remembered, that it is an accusation easily to be made and hard to be proved, and harder to be defended by the party accused, tho never so innocent.

 
Not until 1975, did the California Supreme Court hold that a defendant did not have the right for a judge to give the jury the following cautionary instruction in a rape case:

A charge such as that made against the defendant in this case is one which is easily made and, once made, difficult to defend against, even if the person accused is innocent. Therefore, the law requires that you examine the testimony of the female person named in the information with caution.

 
Kavanaugh hearings

https://en.wikipedia.org/wiki/Brett_Kavanaugh_Supreme_Court_nomination

Stanford Sociologist Michelle Dauber received death threats after she led a successful recall campaign against Judge Persky, who sentenced Brock Turner.
https://www.washingtonpost.com/news/morning-mix/wp/2018/02/20/rape-threats-sent-to-stanford-law-professor-leading-recall-campaign-against-judge-in-brock-turner-case/

Daniel Fritz, Instuctor, Coast Guard Academy

https://www.linkedin.com/in/daniel-fritz-42aa0824/

Harvard Women Law Faculty Oppose Title IX Guidelines

https://www.thecrimson.com/article/2017/9/1/law-faculty-title-ix/

Title IX Guidelines.

Thordis Elva TED talk.  https://www.ted.com/talks/thordis_elva_and_tom_stranger_our_story_of_rape_and_reconciliation?language=en

National Center for Restorative Justice.  https://ncorj.org

Nancy Chi Cantalupo has written about the dangers of importing criminal law standards into equality law.

The Title IX Movement Against Campus Sexual Violence: How a Civil Rights Law Inspired a Feminist Movement & Vice Versa, invited book chapter for Deborah L. Brake, Martha Chamallas, & Verna L. Williams, Oxford Handbook on Feminist Legal Theory (2021)

Title IX Symposium Keynote Speech: Title IX & the Civil Rights Approach to Sexual Harassment in Education, 25 Roger Williams University Law Review 225 (2020)

Dog Whistles & Beachheads: The Trump Administration, Sexual Violence & Student Discipline, 54 Wake Forest Law Rev. 303 (2019)

For the Title IX Civil Rights Movement: Congratulations & Cautions, 125 Yale L.J. F. 281 (2016)

Kelly Alison Behre and Sandra Levitsky et al. have both written about how the disciplined student narrative took ascendance.

Behre, Kelly Alison.  2019.  “Deconstructing the Disciplined Student Narrative and Its Impact on Campus Sexual Assault Policy.”  Arizona Law Review.  61:885-944.

Levitsky, Sandra R., Jesse Yeh, and Elizabeth Armstrong.  2024.  “Litigation Politics: Social Movement Activity in Campus Litigation.”  Law & Society Review.  58:505-534.

Both Lacy Crawford and Chessie Prout have published memoirs about their experiences of sexual violence at St. Paul’s Boarding School.