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Articles 1 - 4 of 4
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A Provocative Defense, Aya Gruber
A Provocative Defense, Aya Gruber
Aya Gruber
It is common wisdom that the provocation defense is, quite simply, sexist. For decades, there has been a trenchant feminist critique that the doctrine reflects and reinforces masculine norms of violence and shelters brutal domestic killers. The critique is so prominent that it appears alongside the doctrine itself in leading criminal law casebooks. The feminist critique of provocation embodies several claims about provocation's problematically gendered nature, including that the defense is steeped in chauvinist history, treats culpable sexist killers too leniently, discriminates against women, and expresses bad messages. This article offers a (likely provocative) defense of the provocation doctrine. While …
Debating Law's Irrelevance: Legal Scholarship And The Coase Theorem In The 1960s, Steven G. Medema
Debating Law's Irrelevance: Legal Scholarship And The Coase Theorem In The 1960s, Steven G. Medema
Steven G Medema
The paper examines the treatment of the Coase theorem by legal scholars during the 1960s. The analysis demonstrates that it was legal scholars, rather than economists, who took the lead in applying Coase's negotiation result in the legal realm and that the early diffusion of Coase's result in the legal literature is anything but a "Chicago" story. We also observe that legal scholars were interesting in examining the applicability of Coase's result across a wide range of legal issues and, in contrast to economists, who were preoccupied with the efficiency predication of Coase's result, tended to focus on Coase's invariance …
A Legal Standard For Post-Colonial Land Reform, Amelia Peterson
A Legal Standard For Post-Colonial Land Reform, Amelia Peterson
Amelia Peterson
This article proposes a legal standard for the design of post-colonial land redistribution policies. It confronts the complex interface between the need for land reform to alleviate land pressure in many developing countries, and the importance of upholding the idea of property. Regardless of which side of the post-colonial milieu we most quickly sympathize with, human rights law removes the tendency to seek out the victim by framing its language in terms of the homo sapien, not one particular race, gender, or economic status. It is in the interest of the various stakeholders enmeshed in post-colonial land imbalance debates and …
Domestic Violence Law And Feminism’S Identity Crisis: Toward A “Neo-Feminist” Legal Theory, Aya Gruber
Domestic Violence Law And Feminism’S Identity Crisis: Toward A “Neo-Feminist” Legal Theory, Aya Gruber
Aya Gruber
By many accounts, feminism is in crisis. Traditional second-wave feminists are an ever-dwindling group, attacked by conservatives for being too liberal and by progressives for being too conservative. Newer voices weighing in on classic feminist issues like work rights, family structure, and rape are seen as abandoning the feminist mission in favor of other considerations like class and race. Accordingly, the conventional wisdom seems to be that there are two opposing progressive groups that address women’s issues—feminists and those who have receded from feminism. To many, this apparent fracture is exemplified by theorizing about domestic violence, where mainstream feminists supportive …