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Dealing With Dangerous Women: Sexual Assault Under Cover Of National Security Laws In India, Surabhi Chopra Prof.

Surabhi Chopra Prof.

DEALING WITH DANGEROUS WOMEN: SEXUAL ASSAULT UNDER COVER OF NATIONAL SECURITY LAWS IN INDIA

This article examines violence against women suspected of being security threats in India’s internal conflict zones, one of the very few scholarly works to do so.

I focus on two cases in particular. In 2004, Thangjam Manorama was arrested by paramilitaries on suspicion of belonging to a violent separatist group, and found raped and murdered several hours later. I look at her family’s attempts to hold the armed forces accountable for her death. I also look at the ongoing criminal prosecution of Soni Sori, an indigenous …

Legal Thinking, The Adversarial Process And Exonerating Innocent Defendants: A Socio-Legal View Of The Wrongful Conviction Process., Gary J. Kowaluk

Gary J Kowaluk

Little is as frustrating as advocating the release of an innocent defendant who has been wrongfully convicted. Surprisingly, most of the wrongfully convicted fail to overturn their cases through the courts, and rely on government officials and prosecutor’s to find other ways to release them from custody. Too often the wrongful conviction process leaves lawyers and judges arguing to legally support injustices in the face of a practical common sense indicating a defendant’s innocence. This paper is an attempt to understand the tendency of legal professionals to argue against remedying a wrongful conviction in favor of the continued social injustice …

The Hypocrisy Of "Equal But Separate" In The Courtroom: A Lens For The Civil Rights Era, Jaimie K. Mcfarlin

Jaimie K. McFarlin

This article serves to examine the role of the courthouse during the Jim Crow Era and the early stages of the Civil Rights Movement, as courthouses fulfilled their dual function of minstreling Plessy’s call for “equality under the law” and orchestrating overt segregation.

Justice-As-Fairness As Judicial Guiding Principle: Remembering John Rawls And The Warren Court, Michael Anthony Lawrence

Michael Anthony Lawrence

This Article looks back to the United States Supreme Court’s jurisprudence during the years 1953-1969 when Earl Warren served as Chief Justice, a period marked by numerous landmark rulings in the areas of racial justice, criminal procedure, reproductive autonomy, First Amendment freedom of speech, association and religion, voting rights, and more. The Article further discusses the constitutional bases for the Warren Court’s decisions, principally the Fourteenth Amendment equal protection and due process clauses.

The Article explains that the Warren Court’s equity-based jurisprudence closely resembles, at its root, the “justice-as-fairness” approach promoted in John Rawls’s monumental 1971 work, A Theory of …

Beyond Paroline: Ensuring Meaningful Remedies For Child Pornography Victims At Home And Abroad, W. Warren H. Binford

W. Warren H. Binford

This article considers how the United States could fulfill its international treaty obligations to support the full restoration of child pornography victims in the aftermath of the recent decision of the United States Supreme Court in Paroline v. United States. The article details how the United States provided leadership historically in creating a skeletal legal framework domestically and internationally to help combat child pornography and restore victims, and highlights how that framework is failing victims on a near-universal basis in an age dominated by technological innovation and globalization. The article proposes the adoption and implementation of effective domestic and international …

Gender Dysphoria In The Jailhouse: A Constitutional Right To Hormone Therapy?, Susan S. Bendlin

Susan S. Bendlin

This Article explores whether incarcerated inmates with Gender Dysphoria, such as Private Manning, have a constitutional right to receive medical treatment for gender re-assignment, and if so, whether they are likely to succeed in suing to obtain treatment if it is not provided by prison officials. Evaluating a prisoner’s Eighth Amendment claim involves two inquiries: an objective component as to whether the inmate displays a “serious medical need”, and a subjective component as to whether the prison officials were “deliberately indifferent” to that need.The issue is a sensitive one because the diagnosis of Gender Dysphoria as a medical illness has …

Lights, Camera, Arrest: The Stage Is Set For A Federal Resolution Of A Citizen's Right To Record The Police In Public, Taylor R. Robertson

Taylor R Robertson

Grab your cellphone, press the record button, and amaze your friends!

No advertisement like this exists in real life, of course, because the action is already universally automatic—it needs no encouragement or instruction. But aim the camera at the police and you could be arrested and face up to fifteen years in prison under some eavesdropping or wiretapping laws simply for recording the police in public speaking at volumes audible to any unassisted ear. While wiretapping laws were originally intended to protect citizens from the snooping detective, some states have effectively turned these laws into government protection from the watchful …

How To Create American Manufacturing Jobs, John D. Gleissner Esquire

John D Gleissner Esquire

No abstract provided.

The Issue Is Being Intersex: The Current Standard Of Care Is A Result Of Ignorance, And It Is Amazing What A Little Analysis Can Conclude., Marla J. Ferguson

marla j ferguson

The Constitution was written to protect and empower all citizens of the United States, including those who are born with Disorders of Sex Development. The medical community, as a whole, is not equipped with the knowledge required to adequately diagnose or treat intersex babies. Intersex simply means that the baby is born with both male and female genitalia. The current method that doctors follow is to choose a sex to assign the baby, and preform irreversible surgery on them without informed consent. Ultimately the intersex babies are mutilated and robbed of many of their fundamental rights; most notably, the right …

Women At The Forefront: An Examination Of The Disproportionate Exposure Of Mothers To Liability Under Parental Responsibility Laws, Portia Allen-Kyle

Portia Allen-Kyle

This Note discusses the social and legislative affinity for parental responsibility laws in response to juvenile delinquency and victimization and examines the discriminatory impact of such laws on mothers. This Note argues two-fold that: 1) the mere existence of parental responsibility statutes perpetuates “mother blaming” and disproportionately exposes mothers to liability and are thus discriminatory in their effect, and 2) the use of vicarious, strict liability for parents is ineffective and inappropriate in affecting juvenile behavior. Section I provides a discussion about the history of parental responsibility laws and argue the symbolic purpose of many parental responsibility laws. Section II …

Guns, Violence, And School Shootings: A Policy Change To Arm Some Teachers And School Personnel, Mark A. Velez

Mark A. Velez

The United States continues to deal with school shootings. The most recent massacre occurred in 2012 at the Sandy Hook Elementary School in Newtown, Connecticut. Several strategies have been used to try and prevent such tragedies from happening. These strategies have included tough gun laws, gun-free school zones, and updating school policies and infrastructure. However, despite these, and other, strategies, school shootings continue to occur. Unfortunately, when a school shooting occurs, school personnel and children are left helpless until the police arrive or the shooter decides to end the rampage. During this time many lives may be lost. Therefore, it …

Mexico's Gun Control Laws: A Model For The United States?, David B. Kopel

David B Kopel

This article explicates Mexico’s constitutional right to arms and Mexico’s main gun-control statute, the Federal Law of Firearms and Explosives (Ley Federal de Armas de Fuego y Explosivos). Along the way, the article notes various proposals to move U.S. gun laws in a Mexican direction.

Part II of this article is an English translation of the Mexican constitution’s guarantee of the right to arms, as well as predecessor versions of the guarantee.

Part III explains the operation of Mexico’s gun-control system and provides some historical and statistical information about gun ownership and gun smuggling in Mexico.

Part IV describes some …

No Rational Basis: The Pragmatic Case For Marijuana Law Reform, Eric Blumenson

Eric Blumenson

This article presents a critique of marijuana prohibition and suggests some alternative regulatory approaches that would be more productive and consonant with justice. Part I relies on a forty-year empirical record to demonstrate that (1) reliance on a law enforcement approach has aggravated rather than mitigated the risks involved with marijuana use, and (2) criminalization, which results in the arrest of more than 700,000 Americans annually for possession of any amount of marijuana, is an inhumane and destructive response to an act that almost 100 million Americans have committed. Part II assesses the relative merits of several alternative reform policies, …

Wild-West Cowboys Versus Cheese-Eating Surrender Monkeys: Some Problems In Comparative Approaches To Extreme Speech, Eric Heinze

Prof. Eric Heinze, Queen Mary University of London

All European states ban some form of hate speech. US law precludes such bans. In view of the political and symbolic importance of free speech, it becomes tempting to assume that trans-Atlantic differences towards hate speech reflect deeper cultural divisions.

However, we must pay attention to comparative methodology before drawing ambitious conclusions about cross-cultural social and political differences that derive solely from differences in formal, black-letter norms. In this volume, Robert Post claims that formal, constitutional requirements of content-neutral regulation reflect a freer public sphere in the US, in contrast to the European public sphere.

Yet a legal-realist approach casts …

Undermining Individual And Collective Citizenship: The Impact Of Felon Exclusion Laws On The African-American Community, S. David Mitchell

S. David Mitchell

Felon exclusion laws are jurisdiction-specific, post-conviction statutory restrictions that prohibit convicted felons from exercising a host of legal rights, most notably the right to vote. The professed intent of these laws is to punish convicted felons equally without regard for the demographic characteristics of each individual, including race, class, or gender. Felon exclusion laws, however, have a disproportionate impact on African-American males and, by extension, on the residential communities from which many convicted felons come. Thus, felon exclusion laws not only relegate African-American convicted felons to a position of second-class citizenship, but the laws also diminish the collective citizenship of …

The Personal Is Political--And Economic: Rethinking Domestic Violence, Deborah M. Weissman

Deborah M. Weissman

This Article seeks to expand the scope of the domestic violence discourse within the context of the theory and practice of legal strategies. The intent is to shift the analytical parameters beyond the criminal justice system to include the political economy of everyday experiences of households. Such a paradigm shift examines the conditions of the private sphere as a function of the circumstances of public realms. It considers domestic violence by linking it to the structural transformations of the U.S. economy during recent years. It assesses domestic violence from the perspective of the daily life of men and women who …

The Evolving Police Power: Some Observations For A New Century, David B. Kopel, Glenn Harlan Reynolds

David B Kopel

A review of state and federal courts decisions on the scope of state police powers suggests that the shift from the more restrictive sic utere principle to the more open salus populi principle may be reversing, with courts -- at least in cases involving sex and marriage -- taking a much more skeptical view of government objectives and justifications.