The Law and Campus Rape

A conversation between Caitlin Flanagan and Judge Nancy Gertner

Judge Gertner, you and twenty-eight of your fellow Harvard Law faculty members signed an open letter objecting to Harvard’s new sexual misconduct policies. The letter stated that the adopted procedures lacked the most basic elements of fairness, were overwhelmingly stacked against the accused, and were thus “inconsistent with many of the most basic principles” you teach. How is the new policy inconsistent with these principles?