Thursday, January 21, 2021
Gregory Parks & Elizabeth Grindell have posted to SSRN two pieces on hazing. The first is The Litigation Landscape of Fraternity and Sorority Hazing: Criminal and Civil Liability. The abstract provides:
In this article, we explore the criminal liability that adheres to individuals and organizations as well as the development of criminal statutes in this domain. Also, we grapple with member, chapter, and national organization civil liability as well as university and university staff civil liability. This article is part of a series of articles that have tried to make sense of the underlying factors that undergird and propel hazing. It also serves as a basis for a book trilogy I am currently working on about hazing—its roots and solutions.
The second is The Litigation Landscape of Fraternity and Sorority Hazing: Defenses, Evidence, and Damages. The abstract provides:
In this article, we explore the various approaches to litigation defense that may be employed—e.g., the role of the insurance industry, arbitration and its pitfalls, assumption of risk, comparative fault, contributory negligence, and consent. We also explore evidentiary matters—e.g., poems and songs, signs and symbols, social media, organizational culture, how discovery devices may be used, and the role of expert witnesses. Lastly, we explore damages—general, actual, punitive, and the difficulty of collecting them.