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Articles 1 - 21 of 21
Full-Text Articles in Entire DC Network
Religious Neutrality And The Death Penalty, Arnold H. Loewy
Religious Neutrality And The Death Penalty, Arnold H. Loewy
William & Mary Bill of Rights Journal
Cases involving the Establishment of Religion Clause predominantly emphasize religious neutrality. Believing this to be normatively correct, Professor Loewy argues for religious neutrality in capital punishment cases. In accordance therewith, he would uphold religious peremptory challenges where a juror's religious belief is related to her death penalty perspective. Professor Loewy agrees with the courts'general willingness to disallow religion as an aggravating factor while allowing it as a mitigating factor. This dichotomy comports with the neutrality principle because aggravating factors, in general, are limited whereas mitigating factors are unlimited.
The Role Of Organized Religions In Changing Death Penalty Debates, Michael L. Radelet
The Role Of Organized Religions In Changing Death Penalty Debates, Michael L. Radelet
William & Mary Bill of Rights Journal
In his Article, Professor Michael L. Radelet describes a global decline in the use of the death penalty, the United Nation's progressively stronger stance against executions, and a growing opposition to capital punishment in the United States. This decrease is attributed to both empirical studies casting doubt on the death penalty's efficacy in promoting its stated underlying goals, and to the increasingly vocal stance of religious leaders morally opposed to capital punishment. Nevertheless, the decline in other justifications for capital punishment has been met with increasing reliance on retribution as the primary argument in its support. Professor Radelet argues that …
Abortion, Capital Punishment, And The Politics Of "God's" Will, Kimberly J. Cook
Abortion, Capital Punishment, And The Politics Of "God's" Will, Kimberly J. Cook
William & Mary Bill of Rights Journal
In her paper, Professor Kimberly J. Cook uses statistics to illustrate the role the Christian Right plays in the public discourse over two issues permeated with religious overtones: abortion and the death penalty. She shows how the Christian Right's approach to these issues is based on an ideological notion of 'Justice " that is primarily focused on vengeance and punishment, to the exclusion of forgiveness. Professor Cook's exploration of the modern roots of this ideology leads to a movement dating from the 1960s known as Christian Reconstructionism, which advocates using state action to enforce its unique interpretation of "God's Will." …
Introduction To The Symposium, (De)Constructing Sex: Transgenderism, Intersexuality, Gender Identity And The Law, Jane Allison Sitton
Introduction To The Symposium, (De)Constructing Sex: Transgenderism, Intersexuality, Gender Identity And The Law, Jane Allison Sitton
William & Mary Journal of Race, Gender, and Social Justice
No abstract provided.
Paving The Road: A Charles Hamilton Houston Approach To Securing Trans Rights, Jennifer Levi
Paving The Road: A Charles Hamilton Houston Approach To Securing Trans Rights, Jennifer Levi
William & Mary Journal of Race, Gender, and Social Justice
No abstract provided.
En/Gendering Equality: Seeking Relief Under Title Vii Against Employment Discrimination Based On Sexual Orientation, Anthony E. Varona, Jeffrey Monks
En/Gendering Equality: Seeking Relief Under Title Vii Against Employment Discrimination Based On Sexual Orientation, Anthony E. Varona, Jeffrey Monks
William & Mary Journal of Race, Gender, and Social Justice
No abstract provided.
Table Of Contents And Masthead (Vol. 7, No. 1)
Table Of Contents And Masthead (Vol. 7, No. 1)
William & Mary Journal of Race, Gender, and Social Justice
No abstract provided.
The International Bill Of Gender Rights Vs. The Cider House Rules: Transgenders Struggle With The Courts Over What Clothing They Are Allowed To Wear On The Job, Which Restroom They Are Allowed To Use On The Job, Their Right To Marry, And The Very Definition Of Their Sex, Phyllis Randolph Frye
William & Mary Journal of Race, Gender, and Social Justice
No abstract provided.
Unprincipled Exclusions: The Struggle To Achieve Judicial And Legislative Equality For Transgender People, Paisley Currah, Shannon Minter
Unprincipled Exclusions: The Struggle To Achieve Judicial And Legislative Equality For Transgender People, Paisley Currah, Shannon Minter
William & Mary Journal of Race, Gender, and Social Justice
This Article examines recent efforts to enact civil rights statutes for transgender people in the United States. Part I provides an overview of the largely negative case law on the issue of whether transgender people are protected under existing sex, sexual orientation or disability discrimination laws. This context is provided, in part, to explain why transgender rights advocates have turned to the legislative branches of government to secure basic civil rights protections. Part II describes the initial successes that have been achieved as a result of this new focus on political activism and legislation. Part III examines the actual statutory …
Fetal Homicide: Woman Or Fetus As Victim? A Survey Of Current State Approaches And Recommendations For Future State Application, Sandra L. Smith
Fetal Homicide: Woman Or Fetus As Victim? A Survey Of Current State Approaches And Recommendations For Future State Application, Sandra L. Smith
William & Mary Law Review
No abstract provided.
Recalibrating The Cost Of Harm Advocacy: Getting Beyond Brandenburg, S. Elizabeth Wilborn Malloy, Ronald J. Krotoszynski Jr.
Recalibrating The Cost Of Harm Advocacy: Getting Beyond Brandenburg, S. Elizabeth Wilborn Malloy, Ronald J. Krotoszynski Jr.
William & Mary Law Review
No abstract provided.
A Strategy For Mercy, Robert L. Misner
A Strategy For Mercy, Robert L. Misner
William & Mary Law Review
No abstract provided.
Domestic Partner Benefits Limited To Same-Sex Couples: Sex Discrimination Under Title Vii, Paul R. Lynd
Domestic Partner Benefits Limited To Same-Sex Couples: Sex Discrimination Under Title Vii, Paul R. Lynd
William & Mary Journal of Race, Gender, and Social Justice
No abstract provided.
Empty Gestures: The (In)Significance Of Recent Attempts To Liberalize Algerian Family Law, Ann Luerssen Crowther
Empty Gestures: The (In)Significance Of Recent Attempts To Liberalize Algerian Family Law, Ann Luerssen Crowther
William & Mary Journal of Race, Gender, and Social Justice
No abstract provided.
Partners Suing The Partnership: Are Courts Correctly Deciding Who Is An Employer And Who Is An Employee Under Title Vii, Dawn S. Sherman
Partners Suing The Partnership: Are Courts Correctly Deciding Who Is An Employer And Who Is An Employee Under Title Vii, Dawn S. Sherman
William & Mary Journal of Race, Gender, and Social Justice
No abstract provided.
Misconceived Laws: The Irrationality Of Parental Involvement Requirements For Contraception, Jessica R. Arons
Misconceived Laws: The Irrationality Of Parental Involvement Requirements For Contraception, Jessica R. Arons
William & Mary Law Review
No abstract provided.
Environmental Justice At The Crossroads, Kary L. Moss
Environmental Justice At The Crossroads, Kary L. Moss
William & Mary Environmental Law and Policy Review
No abstract provided.
Paths To Protection: A Comparison Of Federal Protection Based On Disability And Sexual Orientation, Kyle C. Velte
Paths To Protection: A Comparison Of Federal Protection Based On Disability And Sexual Orientation, Kyle C. Velte
William & Mary Journal of Race, Gender, and Social Justice
No abstract provided.
The Rise And Fall Of Women's Rights: Have Sexuality And Reproductive Freedom Forfeited Victory?, Lynne Marie Kohm, Colleen Holmes
The Rise And Fall Of Women's Rights: Have Sexuality And Reproductive Freedom Forfeited Victory?, Lynne Marie Kohm, Colleen Holmes
William & Mary Journal of Race, Gender, and Social Justice
No abstract provided.
The Truth About Women's Rights, Janet Benshoof
The Truth About Women's Rights, Janet Benshoof
William & Mary Journal of Race, Gender, and Social Justice
In their article, The Rise and Fall of Women's Rights: Have Sexuality and Reproductive Freedom Forfeited Victory?, the authors Lynne Marie Kohm and Colleen Holmes launch a wide-ranging attack on women's reproductive freedoms and target not only myself but topics as diverse as gay and lesbian rights, the Vagina Monologues, and sexual freedom (without guilt or shame) for women.
This Essay is not meant to be a comprehensive response to the article. Rather, this Essay will counter Kohm's and Holmes's asserted premise-that fighting for reproductive freedoms has left feminists without the strength to fight for other rights. By doing so, …
Enumerated Limits, Normative Principles, And Congressional Overstepping: Why The Civil Rights Provision Of The Violence Against Women Act Is Unconstitutional, Troy Robert Rackham
Enumerated Limits, Normative Principles, And Congressional Overstepping: Why The Civil Rights Provision Of The Violence Against Women Act Is Unconstitutional, Troy Robert Rackham
William & Mary Journal of Race, Gender, and Social Justice
No abstract provided.