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Twenty-Five Years Of Hudood Ordinances- A Review, Martin Lau Sep 2007

Twenty-Five Years Of Hudood Ordinances- A Review, Martin Lau

Washington and Lee Law Review

Shortly after coming into power in 1979, General Zia ul-Haq began to Islamize the Pakistan legal system. One measure used to convert Pakistan into an Islamic state was the introduction of hadd offenses-those offenses for which the Qur'an prescribed fixed punishments-into the criminal law. This Article specifically examines the impact of one of these provisions, the Offense of Zina (Enforcement of Hudood) Ordinance, on sexual offenses under the Pakistan Penal Code. This statute criminalized all forms of adultery and fornication outside of a legally valid marriage, including instances of rape where the burden of proof had not been met. In …


The Future Of Palestinian Women's Rights: Lessons From A Half-Century Of Tunisian Progress, Adrien Katherine Wing, Hisham Kassim Sep 2007

The Future Of Palestinian Women's Rights: Lessons From A Half-Century Of Tunisian Progress, Adrien Katherine Wing, Hisham Kassim

Washington and Lee Law Review

No abstract provided.


Improperly Performed Abortion As Fetal Homicide: An Uneasy Coexistence Becomes More Difficult, Laura E. Back Jan 2007

Improperly Performed Abortion As Fetal Homicide: An Uneasy Coexistence Becomes More Difficult, Laura E. Back

UC Law SF Journal on Gender and Justice

Is the difference between abortion and fetal homicide the pregnant woman's choice-or the provider's medical license? Reports of a recent Texas case suggest that ever-proliferating fetal homicide laws may be applied to charge non-medical abortion providers with murder. Although the state has legitimate interests in protecting women's health through prohibition of dangerous non-medical abortions, it defies justice to enforce such prohibitions by charging violators with murder of the aborted fetus. This Note explores how constitutional limitations on permissible state interests in regulating abortion provide a basis for Eighth Amendment proportionality and due process challenges to this misuse of fetal homicide …


Personal Insights And Experiences Regarding The Passage Of Title Ix , Birch Bayh Jan 2007

Personal Insights And Experiences Regarding The Passage Of Title Ix , Birch Bayh

Cleveland State Law Review

My purpose here today is to look at some of the legislative history of Title IX, and perhaps some of the details that never made it into the Congressional Record, and also to include my personal involvement in it. I do that with some fear and trepidation because it sounds like one is puffing himself up.It is fair to ask, “How can a kid who grew up on a corn and soybean farm, raising pigs and hogs and cattle and calves, chickens, how in the world could he ever get to be a United States Senator, let alone become involved …


The International Marriage Broker Regulation Act: Protecting Foreign Women Or Punishing American Men?, Erin K. Pleasant Jan 2007

The International Marriage Broker Regulation Act: Protecting Foreign Women Or Punishing American Men?, Erin K. Pleasant

Campbell Law Review

No abstract provided.


Falling To Pieces: New York State Civil Legal Remedies Available To Lesbian, Gay, Bisexual, And Transgender Survivors Of Domestic Violence, Sharon Stapel Jan 2007

Falling To Pieces: New York State Civil Legal Remedies Available To Lesbian, Gay, Bisexual, And Transgender Survivors Of Domestic Violence, Sharon Stapel

NYLS Law Review

No abstract provided.


Battered Women, Homicide Convictions, And Sentencing: The Case For Clemency, Carol Jacobsen, Kammy Mizga, Lynn O'Orio Jan 2007

Battered Women, Homicide Convictions, And Sentencing: The Case For Clemency, Carol Jacobsen, Kammy Mizga, Lynn O'Orio

UC Law SF Journal on Gender and Justice

For battered women who are forced to kill their attackers, unequal treatment by the law and gendered modes of punishment often lead to unfair convictions and sentences. In a study conducted by the Michigan Battered Women's Clemency Project, startling levels of discrimination in the courts against women who were victims of domestic violence were revealed. In this study, victims of domestic violence had higher conviction rates and longer sentences than all other defendants charged with homicide. The criminal and legal systems have failed to protect battered women from being killed or being forced to kill. Clemency remains the only hope …


Marital Rape: A Unique Blend Of Domestic Violence And Non-Marital Rape Issues, Morgan Lee Woolley Jan 2007

Marital Rape: A Unique Blend Of Domestic Violence And Non-Marital Rape Issues, Morgan Lee Woolley

UC Law SF Journal on Gender and Justice

Marital rape is frequently treated within the frameworks of domestic violence and non-marital rape. However, social attitudes and legislation regarding domestic violence are often caught in a tension between family privacy and victim/survivor protection, whereas non-marital rape is often lodged between problems of consent and evidentiary proof. Thus, subsuming marital rape under either paradigm, to assess marital rape as we would treat domestic violence or non-marital rape, fails to account for the unique circumstances and consequences of rape that is perpetrated by one's own spouse. This Note addresses those unique circumstances and takes a look at current marital rape legislation …


Rocks, Hard Places, And Unconventional Domestic Violence Victims: Expanding Availability Of Civil Orders Of Protection In New York, Sarah E. Warne Jan 2007

Rocks, Hard Places, And Unconventional Domestic Violence Victims: Expanding Availability Of Civil Orders Of Protection In New York, Sarah E. Warne

NYLS Law Review

No abstract provided.


Mail Dominance: A Critical Look At The International Marriage Broker Regulation Act And Its Sufficiency In Curtailing Mail-Order Bride Domestic Abuse, Holli B. Newsome Jan 2007

Mail Dominance: A Critical Look At The International Marriage Broker Regulation Act And Its Sufficiency In Curtailing Mail-Order Bride Domestic Abuse, Holli B. Newsome

Campbell Law Review

This Comment will look through a circumscribed lens at the mailorder bride domestic abuse in the United States that is facilitated by the IMB industry and will also consider the sufficiency of IMBRA in curtailing the problem. This comment will: (1) give background information on the IMB industry; (2) examine -mail-order bride domestic abuse and how IMBs facilitate the problem; (3) explain IMBRA and its goals; and (4) take a critical look at IMBRA and give recommendations to further prevent mail-order bride domestic abuse in this country.