Sessions Information

  • May 2, 2018
    9:00 am - 10:30 am
    Session Type: AALS Programs
    Session Capacity: N/A
    Hotel: N/A
    Room: N/A
    Floor: N/A

    Disciplined Student Narratives in Campus Sexual Assault Discourse

    Kelly Behre, University of California, Davis, School of Law

    The power of narrative in the campus anti-sexual assault moment is undeniable. At the core of the campus anti-sexual assault movement were student survivors who shared their personal stories.

     

    This Article examines disciplined student narratives from campus sexual assault cases and their role in the public discourse about campus sexual assault. Part 1 provides an overview of the role of narrative in social movements and public discourse. Part II introduces the disciplined student narrative in campus sexual assault discourse and identifies themes in the narrative, including the shift in the focus to the disciplined students’ experience and claim to the role of victim. It further identifies the use of an incomplete legal history to more favorably frame the problem as a new one and the conflation of harm and proportionality with the campus sexual assault survivor narratives. Part III connects the disciplined student narrative to broader narratives defending individual rights, including the concern of federal overreach, decreased free speech on campuses, and diminishing due process.   

     

    Meaningful Due Process for America’s Disabled Veterans

    Hugh McClean, University of  Baltimore School of Law

    Scholars have used the term “veterans law exceptionalism” to describe the anomalous legal principles and practices that the Department of Veterans Affairs (VA) employs to adjudicate veterans’ benefits claims. More than a decade ago, the Federal Circuit held that veterans’ disability benefits are nondiscretionary, statutorily mandated benefits, and that such entitlement to benefits is a property interest protected by the Due Process Clause of the Fifth Amendment. However, defining due process for veterans has largely been left to the discretion of the VA. This article examines two of the most serious consequences of this limited form of due process for veterans: challenging the competency of VA medical examiners, and excessive delays in the VA benefits system. Veterans have challenged the VA on these issues, but the VA has been successful in defending veterans’ lawsuits because of the limited form of due process that is applied in these cases. This article explores why traditional principles of due process have not been applied to veterans law, and examines new frameworks that would liberate veterans’ law from its constitutional morass and would provide more meaningful due process for America’s disabled veterans. 

     

Session Speakers
University of California, Davis, School of Law
Intensive Paper Feedback Presenter

University of Baltimore School of Law
Intensive Paper Feedback Presenter

Session Fees

Fees information is not available at this time.