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Articles 1 - 30 of 30
Full-Text Articles in Entire DC Network
State Criminal Laws Could Be A Light In The Dark For The Hidden Victims Of Forced Marriage, Rebekah Marcarelli
State Criminal Laws Could Be A Light In The Dark For The Hidden Victims Of Forced Marriage, Rebekah Marcarelli
Journal of Civil Rights and Economic Development
(Excerpt)
“There’s something you need to know about me . . . I am dead,” said Fraidy Reiss, a survivor of an abusive forced marriage, as she stood alone on a stage, speaking to a crowd. “I know what you’re thinking, [I don’t] look particularly dead . . . you might want to tell that to my family [because] they declared me dead almost thirteen years ago.”
Reiss, who founded the organization Unchained at Last to help forced marriage victims like herself, grew up in an ultra-Orthodox Jewish community in Brooklyn. Right after finishing high school, Reiss was asked to …
The Progressive Love Affair With The Carceral State, Kate Levine
The Progressive Love Affair With The Carceral State, Kate Levine
Faculty Articles
A Review of The Feminist War on Crime: The Unexpected Role of Women’s Liberation in Mass Incarceration. By Aya Gruber.
Denouncing The Revival Of Pre-Roe V. Wade Abortion Bans In A Post-Dobbs World Through The Void Ab Initio And Presumption Of Validity Doctrines, Nora Greene
American University Journal of Gender, Social Policy & the Law
The United States Supreme Court voted to overturn Roe v. Wade in a leaked draft of Dobbs v. Jackson Women’s Health Organization. Written by Justice Alito and joined by four of the other conservative justices, the decision describes Roe as “egregiously wrong from the start” and blatantly overrules the landmark holding and its prodigy, Planned Parenthood v. Casey. In their state codes, nine states—Alabama, Arizona, Arkansas Michigan, Mississippi, Oklahoma, Texas, West Virginia, and Wisconsin— have unrepealed criminal abortion bans enacted before Roe. These bans prohibit abortion at any point in pregnancy unless to preserve the life of the pregnant person …
Dirty Johns: Prosecuting Prostituted Women In Pennsylvania And The Need For Reform, Mckay Lewis
Dirty Johns: Prosecuting Prostituted Women In Pennsylvania And The Need For Reform, Mckay Lewis
Dickinson Law Review (2017-Present)
Prostitution is as old as human civilization itself. Throughout history, public attitudes toward prostituted women have varied greatly. But adverse consequences of the practice—usually imposed by men purchasing sexual services—have continuously been present. Prostituted women have regularly been subject to violence, discrimination, and indifference from their clients, the general public, and even law enforcement and judicial officers.
Jurisdictions can choose to adopt one of three general approaches to prostitution regulation: (1) criminalization; (2) legalization/ decriminalization; or (3) a hybrid approach known as the Nordic Model. Criminalization regimes are regularly associated with disparate treatment between prostituted women and their clients, high …
The Language Of Harm: What The Nassar Victim Impact Statements Reveal About Abuse And Accountability, Jamie Abrams, Amanda Potts
The Language Of Harm: What The Nassar Victim Impact Statements Reveal About Abuse And Accountability, Jamie Abrams, Amanda Potts
Articles in Law Reviews & Other Academic Journals
This Article examines 148 Victim Impact Statements that were delivered to the
court in the Larry Nassar criminal sentencing. Larry Nassar was a doctor for the
United States Gymnastics Association and an employee of Michigan State University
who treated elite athletes, predominantly gymnasts. Nassar pleaded guilty to child
pornography and first-degree criminal sexual misconduct charges in Michigan. His
sentencing received worldwide attention as victims delivered impact statements
describing the harm and betrayal of his conduct. Using corpus-based discourse
analysis, this Article examines the complex strategies that the victims deployed to
describe who Nassar was (a doctor, a monster, a friend), …
Deporting Undesirable Women, Pooja R. Dadhania
Deporting Undesirable Women, Pooja R. Dadhania
Faculty Scholarship
Immigration law has long labeled certain categories of immigrants "undesirable." One of the longest-standing of these categories is women who sell sex. Current immigration laws subject sellers of sex to an inconsistent array of harsh immigration penalties, including bars to entry to the United States as well as mandatory detention and removal. A historical review of prostitution-related immigration laws reveals troubling origins. Grounded in turn-of-the-twentieth-century morality, these laws singled out female sellers of sex as immoral and as threats to American marriages and families. Indeed, the first such law specifically targeted Asian women as threats to the moral fabric of …
Left Behind: How The Absence Of A Federal Vacatur Law Disadvantages Survivors Of Human Trafficking, Jessica Emerson, Alison Aminzadeh
Left Behind: How The Absence Of A Federal Vacatur Law Disadvantages Survivors Of Human Trafficking, Jessica Emerson, Alison Aminzadeh
All Faculty Scholarship
After a hamstring injury in October of 2004 forced her to surrender her athletic scholarship at St. John's University, Shamere McKenzie chose to spend her winter break working in order to save the money she needed to pay the remainder of her tuition. In January of 2005, Shamere met a man named Corey Davis, who expressed an interest in dating her. After getting to know him for several weeks, she eventually shared with him the challenges she was having earning the money she needed to continue her enrollment in college. Davis encouraged her to consider exotic dancing as a way …
Tragedy, Outrage & Reform: Crimes That Changed Our World: 1983 – Thurman Beating - Domestic Violence, Paul H. Robinson, Sarah M. Robinson
Tragedy, Outrage & Reform: Crimes That Changed Our World: 1983 – Thurman Beating - Domestic Violence, Paul H. Robinson, Sarah M. Robinson
All Faculty Scholarship
Can a crime make our world better? Crimes are the worst of humanity’s wrongs but, oddly, they sometimes do more than anything else to improve our lives. As it turns out, it is often the outrageousness itself that does the work. Ordinary crimes are accepted as the background noise of our everyday existence but some crimes make people stop and take notice – because they are so outrageous, or so curious, or so heart-wrenching. These “trigger crimes” are the cases that this book is about.
They offer some incredible stories about how people, good and bad, change the world around …
Decisions To Prosecute Battered Women's Homicide Cases: An Exploratory Study, Sarah N. Welling, Diane Follingstad, M. Jill Rogers, Frances Jillian Priesmeyer
Decisions To Prosecute Battered Women's Homicide Cases: An Exploratory Study, Sarah N. Welling, Diane Follingstad, M. Jill Rogers, Frances Jillian Priesmeyer
Law Faculty Scholarly Articles
Discretionary decisions to prosecute cases in which a battered woman kills her partner were investigated using several research strategies and targeting a range of case elements. Law students presented with case elements reported they would consider legal elements over nonlegal (or ‘supplemental’) elements when making a decision to prosecute. In contrast, law students assessed through an open-ended format as to important case factors for deciding to prosecute spontaneously generated high proportions of supplemental case elements compared with legal factors. Vignette comparisons of 42 case elements on participants’ likelihood to prosecute identified salient factors including legal and supplemental variables. Themes from …
When Theory Met Practice: Distributional Analysis In Critical Criminal Law Theorizing, Aya Gruber
When Theory Met Practice: Distributional Analysis In Critical Criminal Law Theorizing, Aya Gruber
Publications
Progressive (critical race and feminist) theorizing on criminal law exists within an overarching American criminal law culture in which the U.S penal system has become a "peculiar institution" and a defining governance structure. Much of criminal law discourse is subject to a type of ideological capture in which it is natural to assume that criminalization is a valid, if not preferred, solution to social dysfunction. Accordingly, progressives’ primary concerns about harms to minority victims takes place in a political-legal context in which criminalization is the technique of addressing harm. In turn, progressive criminal law theorizing manifests some deep internal tensions. …
Constrained Choice: Mothers, The State, And Domestic Violence, Rona Kaufman Kitchen
Constrained Choice: Mothers, The State, And Domestic Violence, Rona Kaufman Kitchen
Rona Kaufman Kitchen
Mothers who are the victims of domestic violence face unique challenges in their quest for safety. The legal response to domestic violence requires that mothers respond to abuse in specific state-sanctioned manners. However, when mothers respond accordingly, such as by reporting abuse and leaving the abusive relationship, their safety and the safety of their children is not guaranteed. Moreover, by responding in state-sanctioned manners, mothers risk a host of negative consequences including increased threat to their immediate and long-term safety, the loss of their children, undesired financial, health, and social consequences, and criminal prosecution. On the other hand, when mothers …
Piercing The Prison Uniform Of Invisibility For Black Female Inmates, Michelle S. Jacobs
Piercing The Prison Uniform Of Invisibility For Black Female Inmates, Michelle S. Jacobs
Michelle S Jacobs
In Inner Lives: Voices of African American Women In Prison, Professor Paula Johnson has written about the most invisible of incarcerated women — incarcerated African American women. The number of women incarcerated in the United States increased by seventy-five percent between 1986 and 1991. Of these women, a disproportionate number are black women. The percentages vary by region and by the nature of institution (county jail, state prison or federal facility), but the bottom line remains the same. In every instance, black women are incarcerated at rates disproportionate to their percentage in the general population. In Inner Lives, Professor Johnson …
"Stand Your Ground" In Context: Race, Gender, And Politics, Donna Coker
"Stand Your Ground" In Context: Race, Gender, And Politics, Donna Coker
University of Miami Law Review
No abstract provided.
Murder, Minority Victims, And Mercy, Aya Gruber
Murder, Minority Victims, And Mercy, Aya Gruber
Publications
Should the jury have acquitted George Zimmerman of Trayvon Martin's murder? Should enraged husbands receive a pass for killing their cheating wives? Should the law treat a homosexual advance as adequate provocation for killing? Criminal law scholars generally answer these questions with a resounding "no." Theorists argue that criminal laws should not reflect bigoted perceptions of African Americans, women, and gays by permitting judges and jurors to treat those who kill racial and gender minorities with undue mercy. According to this view, murder defenses like provocation should be restricted to ensure that those who kill minority victims receive the harshest …
E Proper Remedy For Possession Of Child Pornography: Shifting From Restitution To A Victims Compensation Program, Michelle Minarcik
E Proper Remedy For Possession Of Child Pornography: Shifting From Restitution To A Victims Compensation Program, Michelle Minarcik
NYLS Law Review
No abstract provided.
Leniency As A Miscarriage Of Race And Gender Justice, Aya Gruber
Leniency As A Miscarriage Of Race And Gender Justice, Aya Gruber
Publications
No abstract provided.
What's Best For Women: Examining The Impact Of Legal Approaches To Prostitution In Cross-National Perspective And Rhode Island, Malinda Bridges
What's Best For Women: Examining The Impact Of Legal Approaches To Prostitution In Cross-National Perspective And Rhode Island, Malinda Bridges
Honors Projects
This research analyzes legal approaches to prostitution on a cross-national level in order to determine if legal methods that regulate prostitution have an effect on prostitution. In order to examine these concepts, legel approaches were first identifed in the United States, Germany, the Netherlands, and Sweden. Following this analysis, the effects of these legal approaches are reported. Instead of working from a strictly sociological standpoint, this project focused greatly on the legal aspects that affect prostitution.
Reconsidering Spousal Privileges After Crawford, R. Michael Cassidy
Reconsidering Spousal Privileges After Crawford, R. Michael Cassidy
R. Michael Cassidy
In this article the author explores how domestic violence prevention efforts have been adversely impacted by the Supreme Court’s new “testimonial” approach to the confrontation clause. Examining the Court’s trilogy of cases from Crawford to Davis and Hammon, the author argues that the introduction of certain forms of hearsay in criminal cases has been drastically limited by the court’s new originalist approach to the Sixth Amendment. The author explains how state spousal privilege statutes often present a significant barrier to obtaining live testimony from victims of domestic violence. The author then argues that state legislatures should reconsider their spousal privilege …
Alternatives To Criminalization Of Hiv Transmission And Exposure, Aziza Ahmed
Alternatives To Criminalization Of Hiv Transmission And Exposure, Aziza Ahmed
Aziza Ahmed
No abstract provided.
The "Youngest Profession": Consent, Autonomy, And Prostituted Children, Tamar R. Birckhead
The "Youngest Profession": Consent, Autonomy, And Prostituted Children, Tamar R. Birckhead
Tamar R Birckhead
Although precise estimates do not exist, the data suggests that the number of children believed to be at risk for commercial sexual exploitation in the United States is between 200,000 and 300,000 and that the average age of entry is between eleven and fourteen, with some as young as nine. The number of prostituted children who are criminally prosecuted for these acts is equally difficult to estimate. In 2008—the most recent year for which data is available—approximately 1500 youth under age eighteen were reported to the Federal Bureau of Investigation as having been arrested within United States borders for prostitution …
Rape, Feminism, And The War On Crime, Aya Gruber
Rape, Feminism, And The War On Crime, Aya Gruber
Publications
Over the past several years, feminism has been increasingly associated with crime control and the incarceration of men. In apparent lock step with the movement of the American penal system, feminists have advocated a host of reforms to strengthen state power to punish gender-based crimes. In the rape context, this effort has produced mixed results. Sexual assault laws that adopt prevailing views of criminality and victimhood, such as predator laws, enjoy great popularity. However, reforms that target the difficulties of date rape prosecutions and seek to counter gender norms, such as rape shield and affirmative consent laws, are controversial, sporadically-implemented, …
Superstition-Based Injustice In Africa And The United States: The Use Of Provocation As A Defense For Killing Witches And Homosexuals, Jennifer Dumin
Superstition-Based Injustice In Africa And The United States: The Use Of Provocation As A Defense For Killing Witches And Homosexuals, Jennifer Dumin
ExpressO
This Article examines two different instances where strong cultural and religious beliefs suggest that an individual is justified in taking another’s life. Focusing primarily on South Africa and the United States, it argues that the rationale used to defend those who kill suspected witches and those who kill suspected homosexuals is the same – merely because a criminal holds a belief that the victim is evil, the criminal is somehow entitled to a lesser punishment. In the United States, those who readily recognize the absurdity of the witchcraft defense may have some difficulty in recognizing the same level of absurdity …
Piercing The Prison Uniform Of Invisibility For Black Female Inmates, Michelle S. Jacobs
Piercing The Prison Uniform Of Invisibility For Black Female Inmates, Michelle S. Jacobs
UF Law Faculty Publications
In Inner Lives: Voices of African American Women In Prison, Professor Paula Johnson has written about the most invisible of incarcerated women — incarcerated African American women. The number of women incarcerated in the United States increased by seventy-five percent between 1986 and 1991. Of these women, a disproportionate number are black women. The percentages vary by region and by the nature of institution (county jail, state prison or federal facility), but the bottom line remains the same. In every instance, black women are incarcerated at rates disproportionate to their percentage in the general population. In Inner Lives, …
Sex Offender Registration And Community Notification Laws: Will These Laws Survive?, Kimberly B. Wilkins
Sex Offender Registration And Community Notification Laws: Will These Laws Survive?, Kimberly B. Wilkins
University of Richmond Law Review
No abstract provided.
Victim Wrongs: The Case For A General Criminal Defense Based On Wrongful Victim Behavior In An Era Of Victims' Rights, Aya Gruber
Publications
Criminal law scholarship is rife with analysis of the victims' rights movement. Many articles identify with the outrage of victims harmed by deviant criminal elements. Other scholarly pieces criticize the movement's denuding of defendants' constitutional trial rights. The point upon which proponents and opponents of the movement tend to agree, however, is that the victim should never be blamed for the crime. The helpless, harmed, innocent victim is someone with whom we can all identify and someone to whom we can all express sympathy. Victim blaming, by all accounts, is an act of legal heresy to feminists, victim advocates, and …
Where We Have Been, And Where We Might Be Going: Some Cautionary Reflections On Rape Law Reform, The Sixty-Eighth Cleveland-Marshall Fund Lecture , Joshua Dressler
Where We Have Been, And Where We Might Be Going: Some Cautionary Reflections On Rape Law Reform, The Sixty-Eighth Cleveland-Marshall Fund Lecture , Joshua Dressler
Cleveland State Law Review
We should always be looking to see where we are, how we got there, and where we appear to be going. My purpose in this article has been to ask those questions in the context of rape law. In evaluating rape reform, I have tried to be fair-minded and balanced in my observations. I have suggested areas in which the law should go further to protect against sexual misconduct, but I have also expressed my belief that rape law reform threatens to move in undesirable directions. In particular, I have argued that there is a risk that courts will follow …
Retribution Revisited: A Reconsideration Of Feminist Criminal Law Reform Strategies, Dianne L. Martin
Retribution Revisited: A Reconsideration Of Feminist Criminal Law Reform Strategies, Dianne L. Martin
Osgoode Hall Law Journal
Were the last 30 years of feminist law reform activity around criminal justice misdirected? Or, if not misdirected, have the efforts been appropriated and manipulated by the New Right? This commentary reflects on this history, and on the failures of the retributive justice project generally, and argues for a reexamination of both. The discussion focuses on the tactics of the New Right and on the retributive goals of some victims' rights organizations as a means of highlighting the unintended consequences of key feminist initiatives around violence against women. Finally, the commentary identifies alternatives to retribution and a need for careful …
Decriminalizing Prostitution: Liberation Or Dehumanization?, Carlin Meyer
Decriminalizing Prostitution: Liberation Or Dehumanization?, Carlin Meyer
Articles & Chapters
No abstract provided.
Legitimating The Illegitimate: A Comment On 'Beyond Rape', Robin West
Legitimating The Illegitimate: A Comment On 'Beyond Rape', Robin West
Georgetown Law Faculty Publications and Other Works
Professor Dripps's provocative proposal, as I understand it, is that we think of sex as a commodity and rape as the theft of that commodity. Understood as such, the theft of sex accomplished through violence or the threat of violence is a twofold wrong: it violates our "negative" right to refuse to have sex with anyone for any or no reason, and violence or the threat of violence infringes our right to personal, physical security. Therefore, the violent expropriation of sex should be punished as a major felony, as is violent rape, at least in theory.
Furthermore, according to Dripps, …
Review Essay. What Makes Rape A Crime?, Lynne N. Henderson
Review Essay. What Makes Rape A Crime?, Lynne N. Henderson
Articles by Maurer Faculty
No abstract provided.