Law Practice,
Appellate Practice
Nov. 4, 2019
College kids
I was drawn to the facts, not the law. These episodes are becoming disturbingly common. And calling the participants “drunk” is an understatement.





Myron Moskovitz
Legal Director
Moskovitz Appellate Team
90 Crocker Ave
Piedmont , CA 94611-3823
Phone: (510) 384-0354
Email: myronmoskovitz@gmail.com
UC Berkeley SOL Boalt Hal
Myron Moskovitz is author of Strategies On Appeal (CEB, 2021; digital: ceb.com; print: https://store.ceb.com/strategies-on-appeal-2) and Winning An Appeal (5th ed., Carolina Academic Press). He is Director of Moskovitz Appellate Team, a group of former appellate judges and appellate research attorneys who handle and consult on appeals and writs. See MoskovitzAppellateTeam.com. The Daily Journal designated Moskovitz Appellate Team as one of California's top boutique law firms. Myron can be contacted at myronmoskovitz@gmail.com or (510) 384-0354. Prior "Moskovitz On Appeal" columns can be found at http://moskovitzappellateteam.com/blog.

While perusing recent advance sheets, a case caught my eye: John Doe v. Occidental College, 252 Cal. Rptr. 3d 646 (2019). Drunk college boy ("John Doe") sexually assaulted drunk college girl ("Jane Doe"). The boy challenged the college's decision to expel him in spite of evidence that he was too drunk to realize that the girl was too drunk to consent to sex....
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