Kevin Cole

University of San Diego School of Law

Professor of Law

5998 Alcala Park

San Diego, CA 92110-2492

United States

  • University of San Diego School of Law

SCHOLARLY PAPERS

16

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Rank 34,091

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Top 34,091

in Total Papers Downloads

3,179

TOTAL CITATIONS

2

Scholarly Papers (16)

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1.

Better Sex Through Criminal Law: Proxy Crimes, Covert Negligence, and Other Difficulties of 'Affirmative Consent' in the ALI's Draft Sexual Assault Provisions

San Diego Legal Studies Paper No. 15-197, San Diego Law Review, Vol. 53, No. 3 (2016)
Number of pages: 59 Posted: 08 Oct 2015 Last Revised: 05 Oct 2022
Kevin Cole
University of San Diego School of Law
Downloads 498 (121,679)
Citation 2

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criminal law, affirmative consent, positive agreement, sexual assault, gross negligence, subjectivism

2.

Like Snow to the Eskimos and Trump to the Republican Party: The Ali's Many Words for, and Shifting Pronouncements About, 'Affirmative Consent'

Number of pages: 5 Posted: 24 Mar 2016
Kevin Cole
University of San Diego School of Law
Downloads 411 (152,802)

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sexual assault, affirmative consent, ALI

3.

Backpedalling in Place: The ALI's Move from 'Affirmative' to 'Contextual' Consent

San Diego Legal Studies Paper No. 16-208
Number of pages: 13 Posted: 13 Jan 2016 Last Revised: 05 Oct 2022
Kevin Cole
University of San Diego School of Law
Downloads 293 (221,072)

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sexual assault, affirmative consent, contextual consent, intoxication, subjectivism, negligence

4.

Affirmative Consent, by Way of the Intoxication 'Defense'

University of Illinois Law Review Online 47 (2017)
Number of pages: 5 Posted: 18 May 2017 Last Revised: 05 Oct 2022
Kevin Cole
University of San Diego School of Law
Downloads 273 (237,918)

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affirmative consent, sexual assault, intoxication, ali, american law institute

5.

Sex and the Single Malt Girl: How Voluntary Intoxication Affects Consent

Montana Law Review, Vol. 78, No. 1 (2017), San Diego Legal Studies Paper No. 16-234
Number of pages: 29 Posted: 04 Nov 2016 Last Revised: 05 Oct 2022
Kevin Cole
University of San Diego School of Law
Downloads 229 (283,417)

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intoxication, consent, sexual assault, campus disciplinary codes

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ABA Requirements, Law School Placement, Law School Employment Data

7.

Probable Cause to Believe What? Partial Marijuana Legalization and the Role of State Law in Federal Constitutional Doctrine

Criminal Law Bulletin, Vol. 54, No. 2 (2018), San Diego Legal Studies Paper No. 17-301
Number of pages: 25 Posted: 21 Aug 2017 Last Revised: 05 Oct 2022
Kevin Cole
University of San Diego School of Law
Downloads 198 (325,153)

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Probable Cause, Search and Seizure, Fourth Amendment, Marijuana Legalization

8.

Knowledge and Belief as Criminal Law Mental States

Ohio State Journal of Criminal Law, Vol. 16, No. 2 (2019), San Diego Legal Studies Paper No. 18-369
Number of pages: 13 Posted: 26 Nov 2018 Last Revised: 05 Oct 2022
Kevin Cole
University of San Diego School of Law
Downloads 195 (329,860)

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mens rea, knowledge, belief, recklessness

9.

On Reforming Common Law Criminal Statutes: Did California Accidentally Kill the Second-Degree Felony Murder Rule?

Criminal Law Bulletin, Vol. 59, No. 5 (2023), San Diego Legal Studies Paper No. 23-028
Number of pages: 18 Posted: 03 May 2023 Last Revised: 29 Oct 2024
Kevin Cole
University of San Diego School of Law
Downloads 144 (428,995)

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felony murder rule, common law statutes

10.

Real-World Criminal Law and the Norm against Punishing the Innocent: Two Cheers for Threshold Deontology

Number of pages: 29 Posted: 11 May 2017
Kevin Cole
University of San Diego School of Law
Downloads 139 (441,357)

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Punishing the Innocent, Retributivism, Deontological Retributivism, Threshold Deontology, Doctrine of Double Effect

11.

Privileges, Justifications, and the Positive Law Model of the Fourth Amendment

San Diego Legal Studies Paper No. 18-334
Number of pages: 10 Posted: 01 Mar 2018 Last Revised: 04 Mar 2018
Kevin Cole
University of San Diego School of Law
Downloads 130 (465,723)

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search, seizure, justification, privilege, positive law model, reasonable expectation of privacy

12.

Killings During Crime: Toward a Discriminating Theory of Strict Liability

American Criminal Law Review, Vol. 28, No. 1, 1990
Number of pages: 48 Posted: 08 Dec 2010
Kevin Cole
University of San Diego School of Law
Downloads 126 (477,225)

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criminal law, strict liability, felony murder, misdemeanor manslaughter, criminal law theory

13.

Purpose's Purposes: Culpability, Liberty, Legal Wrongs, and Accomplice Mens Rea

Georgia Criminal Law Review, Vol. 2, No. 1 (2024), San Diego Legal Studies Paper No. 23-027
Number of pages: 41 Posted: 29 Jul 2023 Last Revised: 27 Aug 2024
Kevin Cole
University of San Diego School of Law
Downloads 125 (480,162)

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14.

The Empty Idea of Sentencing Disparity

Northwestern University Law Review, Vol. 91, No. 4, 1997
Number of pages: 5 Posted: 08 Dec 2010
Kevin Cole
University of San Diego School of Law
Downloads 80 (651,366)

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sentencing, sentencing guidelines, criminal law, criminal law theory

15.

The Voodoo We Do: Harm, Impossibility, and the Reductionist Impulse

Journal of Contemporary Legal issues, Vol. 5, No. 1, 1994
Number of pages: 26 Posted: 08 Dec 2010
Kevin Cole
University of San Diego School of Law
Downloads 68 (712,386)

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criminal law theory, harm, subjectivism, objectivism

16.

Civilizing Civil Forfeiture

Journal of Contemporary Legal issues, Vol. 7, No. 1, 1996
Number of pages: 19 Posted: 10 Dec 2010
Kevin Cole
University of San Diego School of Law
Downloads 60 (759,913)

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civil forfeiture