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Articles 61 - 86 of 86
Full-Text Articles in Entire DC Network
A Report On Chicago's Felony Courts: Executive Summary (Chicago Appleseed Fund For Justice Criminal Justice Project, December 2007) (Member Of Advisory Board), Daniel T. Coyne
All Faculty Scholarship
No abstract provided.
Law And The Fabric Of The Everyday: Settlement Houses, Sociological Jurisprudence, And The Gendering Of Urban Legal Culture, Felice J. Batlan
Law And The Fabric Of The Everyday: Settlement Houses, Sociological Jurisprudence, And The Gendering Of Urban Legal Culture, Felice J. Batlan
All Faculty Scholarship
No abstract provided.
Technology For Justice Customers: Bridging The Digital Divide Facing Self-Represented Litigants, Ronald W. Staudt
Technology For Justice Customers: Bridging The Digital Divide Facing Self-Represented Litigants, Ronald W. Staudt
All Faculty Scholarship
No abstract provided.
A Separate Crime Of Reckless Sex, Katharine K. Baker
A Separate Crime Of Reckless Sex, Katharine K. Baker
All Faculty Scholarship
This article attempts to make progress on both the problems of sexually transmitted disease and acquaintance rape by proposing a new crime of reckless sexual conduct. A defendant would be guilty of reckless sexual conduct if, in a first sexual encounter with another particular person, the defendant had sexual intercourse without using a condom. Consent to unprotected intercourse would be an affirmative defense, to be established by the defendant with a preponderance of the evidence. As an empirical matter, first-encounter unprotected sex greatly increases the epidemiological force of sexually transmitted disease and a substantial proportion of acquaintance rape occurs in …
Gender And Emotion In Criminal Law, Katharine K. Baker
Gender And Emotion In Criminal Law, Katharine K. Baker
All Faculty Scholarship
No abstract provided.
Bargaining Or Biology? The History And Future Of Paternity Law And Parental Status, Katharine K. Baker
Bargaining Or Biology? The History And Future Of Paternity Law And Parental Status, Katharine K. Baker
All Faculty Scholarship
In practice, paternity rulings are remarkably unimportant. With the exception of state welfare authorities pursuing mostly impoverished biological fathers, few paternity actions are brought, few mothers want to bring them and (even with state-sponsored pursuit) very few dollars get transferred to children as a result of them. In theory, however, paternity judgments are very and perniciously important because they keep alive the biological fatherhood ideal, an ideal that has never been reflected in law or fact and that is inconsistent with the emerging law of parental rights and responsibilities. This article challenges the biological fatherhood ideal and suggests that contract, …
A Journal Of One's Own? Beginning The Project Of Historicizing The Development Of Women's Law Journals, Felice J. Batlan
A Journal Of One's Own? Beginning The Project Of Historicizing The Development Of Women's Law Journals, Felice J. Batlan
All Faculty Scholarship
No abstract provided.
The Radical Possibility Of Limited Community-Based Interpretation Of The Constitution, Mark D. Rosen
The Radical Possibility Of Limited Community-Based Interpretation Of The Constitution, Mark D. Rosen
All Faculty Scholarship
This Article explores a radical method under the U.S. Constitution for devolving extraordinary political power to select communities. The United States Constitution places limitations on the exercise of public power by sub-federal polities. When insular groups seek to exercise public power to govern themselves, however, there may be special constitutional limitations that are operative - doctrines that afford their local governments more options in the exercise of power than ordinary state and local governments enjoy. The Article shows that Congress may grant the communities the authority to construe designated provisions of the United States Constitution insofar as the provisions apply …
Gender, Genes, And Choice: A Comparative Look At Feminism, Evolution, And Economics, Katharine K. Baker
Gender, Genes, And Choice: A Comparative Look At Feminism, Evolution, And Economics, Katharine K. Baker
All Faculty Scholarship
No abstract provided.
Juries, Drug Laws & Sentencing (Symposium), Nancy S. Marder
Juries, Drug Laws & Sentencing (Symposium), Nancy S. Marder
All Faculty Scholarship
No abstract provided.
American Society For Reproductive Medicine Addresses Preconception Gender Selection, Valerie Gutmann Koch
American Society For Reproductive Medicine Addresses Preconception Gender Selection, Valerie Gutmann Koch
All Faculty Scholarship
No abstract provided.
Dialectics And Domestic Abuse, Katharine K. Baker
Dialectics And Domestic Abuse, Katharine K. Baker
All Faculty Scholarship
No abstract provided.
Biology For Feminists, Katharine K. Baker
Biology For Feminists, Katharine K. Baker
All Faculty Scholarship
No abstract provided.
What Rape Is And What It Ought Not Be, Katharine K. Baker
What Rape Is And What It Ought Not Be, Katharine K. Baker
All Faculty Scholarship
No abstract provided.
Sex, Rape And Shame, Katharine K. Baker
Sex, Rape And Shame, Katharine K. Baker
All Faculty Scholarship
This article explores how shame sanctions may be able to change the social meaning and decrease the prevalence of date rape. Arguing that men's tendency to date rape is fostered by social norms that treat sex as an accomplishment and, importantly, an accomplishment that enhances a man's masculinity status, the article suggests that one way to curb date rape is to curb the extent to which it is associated with masculine behavior. This strategy is necessary because the high premium society places on masculinity and the cultural confusion about when date rape is morally wrong and how it is different …
Text, Context And The Problem With Rape, Katharine K. Baker
Text, Context And The Problem With Rape, Katharine K. Baker
All Faculty Scholarship
No abstract provided.
Righting The Balance: An Inquiry Into The Foundations And Limits Of Freedom Of Expression, Steven J. Heyman
Righting The Balance: An Inquiry Into The Foundations And Limits Of Freedom Of Expression, Steven J. Heyman
All Faculty Scholarship
Contemporary disputes over the First Amendment often result in deadlock. One side stresses the paramount value of free speech, while the other side points to the harms that particular kinds of speech can cause. It is difficult to see how this impasse can be broken without a more general account of the scope of free expression: a view that integrates both the justifications and the limits of freedom of speech into a coherent whole. This Article makes a start toward developing such a theory. Its central thesis is that freedom of speech is a right that is limited by the …
Property Rules Meet Feminist Needs: Respecting Autonomy By Valuing Connection, Katharine K. Baker
Property Rules Meet Feminist Needs: Respecting Autonomy By Valuing Connection, Katharine K. Baker
All Faculty Scholarship
No abstract provided.
The Myth Of Context In Politics And Law, Anita Krug
The Myth Of Context In Politics And Law, Anita Krug
All Faculty Scholarship
Visions of group-based rights in political and legal theory strive to be both antiessentialist and antiuniversalist. They reject an essentialist view of the self — a view that there is a single experience common to all persons composing, for example, a particular ethnic, racial, or gender group — on the basis that a person’s identity is context-based and contingent, and cannot be defined solely by such factors as race or gender. They also reject the universalist notion of an abstract equality of persons that is at the basis of traditional conceptions of individual rights. In short, group rights are based …
A Wigmorian Defense Of Feminist Methods, Katharine K. Baker
A Wigmorian Defense Of Feminist Methods, Katharine K. Baker
All Faculty Scholarship
No abstract provided.
Taking Care Of Our Daughters, A Book Review Of Martha Fineman, The Neutered Mother, The Sexual Family And Other Twentieth Century Tragedies, Katharine K. Baker
Taking Care Of Our Daughters, A Book Review Of Martha Fineman, The Neutered Mother, The Sexual Family And Other Twentieth Century Tragedies, Katharine K. Baker
All Faculty Scholarship
No abstract provided.
Once A Rapist? Motivational Evidence And Relevancy In Rape Law, Katharine K. Baker
Once A Rapist? Motivational Evidence And Relevancy In Rape Law, Katharine K. Baker
All Faculty Scholarship
No abstract provided.
Beyond Gender: Peremptory Challenges And The Roles Of The Jury, Nancy S. Marder
Beyond Gender: Peremptory Challenges And The Roles Of The Jury, Nancy S. Marder
All Faculty Scholarship
No abstract provided.
Equality And Abortion: Legitimating Women's Experiences, Sarah K. Harding
Equality And Abortion: Legitimating Women's Experiences, Sarah K. Harding
All Faculty Scholarship
No abstract provided.
Comment, Contracting For Security: Paying Married Women What They've Earned, Katharine K. Baker
Comment, Contracting For Security: Paying Married Women What They've Earned, Katharine K. Baker
All Faculty Scholarship
No abstract provided.
Gender Dynamics And Jury Deliberations (Student Note), Nancy S. Marder
Gender Dynamics And Jury Deliberations (Student Note), Nancy S. Marder
All Faculty Scholarship
No abstract provided.