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Full-Text Articles in Law

Does The Decriminalization Of Prostitution Reduce Rape And Sexually Transmitted Disease? A Review Of Cunningham And Shah Findings, Lily Lachapelle, Clare Schneider, Melanie Shapiro, Donna M. Hughes Aug 2019

Does The Decriminalization Of Prostitution Reduce Rape And Sexually Transmitted Disease? A Review Of Cunningham And Shah Findings, Lily Lachapelle, Clare Schneider, Melanie Shapiro, Donna M. Hughes

Dignity: A Journal on Sexual Exploitation and Violence

In 2013, research findings by Cunningham and Shah claimed that rape and sexually transmitted diseases were reduced by decriminalized prostitution in Rhode Island. The original unpublished claims have received wide media coverage which have gone unexamined. This review finds errors in their analyses. One error is the date when prostitution was decriminalized in Rhode Island. Cunningham and Shah claim that prostitution was decriminalized in 2003. Our analysis finds the date of decriminalization of prostitution was 1980. The change in the start date of decriminalization significantly alters the analysis and the findings. Another error results from Cunningham and Shah using an ...


The Need To Codify Roe V. Wade: A Case For National Abortion Legislation, Kathryn N. Peachman Jun 2019

The Need To Codify Roe V. Wade: A Case For National Abortion Legislation, Kathryn N. Peachman

Journal of Legislation

No abstract provided.


Bound By Silence: Psychological Effects Of The Traditional Oath Ceremony Used In The Sex Trafficking Of Nigerian Women And Girls, Jennifer Millett-Barrett Jun 2019

Bound By Silence: Psychological Effects Of The Traditional Oath Ceremony Used In The Sex Trafficking Of Nigerian Women And Girls, Jennifer Millett-Barrett

Dignity: A Journal on Sexual Exploitation and Violence

Nigerian women and children have been trafficked to Italy over the last 30 years for commercial sexual exploitation with an alarming increase in the past three years. The Central Mediterranean Route that runs from West African countries to Italy is rife with organized crime gangs that have created a highly successful trafficking operation. As part of the recruitment process, the Nigerian mafia and its operatives exploit victims by subjecting them to a traditional religious juju oath ceremony, which is an extremely effective control mechanism to silence victims and trap them in debt bondage. This study explores the psychological effects of ...


Exploring Places Of Street Drug Dealing In A Downtown Area In Brazil: An Analysis Of The Reliability Of Google Street View In International Criminological Research, Elenice De Souza Oliveira, Ko-Hsin Hsu Apr 2019

Exploring Places Of Street Drug Dealing In A Downtown Area In Brazil: An Analysis Of The Reliability Of Google Street View In International Criminological Research, Elenice De Souza Oliveira, Ko-Hsin Hsu

Elenice De Souza Oliveira

This study assesses the reliability of Google Street View (GSV) in auditing environmental features that help create hotbeds of drug dealing in Belo Horizonte, one of Brazil’s largest cities. Based on concepts of “crime generators” and “crime enablers,” a set of 40 items were selected using arrest data related to drug activities for the period between 2007 and 2011. These items served to develop a GSV data collection instrument used to observe features of 135 street segments that were identified as drug dealing hot spots in downtown Belo Horizonte. The study employs an intra-class correlation (ICC) statistics as a ...


Living Apart Together As A “Family Form” Among Persons Of Retirement Age: The Appropriate Family Law Response, Cynthia Grant Bowman Apr 2019

Living Apart Together As A “Family Form” Among Persons Of Retirement Age: The Appropriate Family Law Response, Cynthia Grant Bowman

Cynthia Grant Bowman

As the Baby Boom generation enters retirement age, patterns of living among older persons are beginning to change. Unlike their predecessors, the Baby Boomers lived through the sexual revolution, divorced more easily and more often, and institutionalized new patterns of coupling, such as cohabitation. As a result, the rate of marriage has declined and the percent of the population classified as “single” has gone up. This age cohort has now moved into the sixty-five-plus group and makes up those we think of as the retirement generation, or the “Third Age” group. As longevity has increased and the divorce rate for ...


"I Assumed Chicago Would Be In The Forefront": Comments On The Movement To End Prostitution With Survivor-Leader Brenda Myers-Powell, Jody Raphael Apr 2019

"I Assumed Chicago Would Be In The Forefront": Comments On The Movement To End Prostitution With Survivor-Leader Brenda Myers-Powell, Jody Raphael

Dignity: A Journal on Sexual Exploitation and Violence

For many years in the 2000’s, researcher Jody Raphael, teamed with prostitution-survivor Brenda Myers-Powell, undertook a myriad of speaking engagements in the Chicago metropolitan area, intended to raise awareness of the violence and coercion in the sex trade industry. Ten years ago, they were asked to make a video of their presentation. Recently, Dignity editors came across the video and asked for an update on the conversation. This piece is the result.


Empowering Women Through Land: An Analysis Of The Barriers In Accessing Land Rights Within Kisumu County, Kenya, Madison Shaffer Apr 2019

Empowering Women Through Land: An Analysis Of The Barriers In Accessing Land Rights Within Kisumu County, Kenya, Madison Shaffer

Independent Study Project (ISP) Collection

This project aims to gain a greater understanding of the current state of women’s land rights in Kisumu County, Kenya. It will discuss current barriers women face in accessing land and how land can impact a woman’s empowerment and in turn, her control over her health. Property rights can provide women with a secure place to live, a place of economic activity and reduce dependence on men. Property ownership can also serve to empower women and “give them greater bargaining power at the household, individual, and community level...increasing agency” (Dworkin,2009). Unfortunately, men have almost always been ...


Filling The Sex Trade Swamp: Robert Kraft And His Predecessors, Janice G. Raymond Mar 2019

Filling The Sex Trade Swamp: Robert Kraft And His Predecessors, Janice G. Raymond

Dignity: A Journal on Sexual Exploitation and Violence

No abstract provided.


Exited Prostitution Survivor Policy Platform, Marian Hatcher, Alisa L. Bernard, Allison Franklin, Audrey Morrissey, Beth Jacobs, Cherie Jimenez, Kathi Hardy, Marlene Carson, Nikki Bell, Rebecca Bender, Rebekah Charleston, Shamere Mckenzie, Vednita Carter Dec 2018

Exited Prostitution Survivor Policy Platform, Marian Hatcher, Alisa L. Bernard, Allison Franklin, Audrey Morrissey, Beth Jacobs, Cherie Jimenez, Kathi Hardy, Marlene Carson, Nikki Bell, Rebecca Bender, Rebekah Charleston, Shamere Mckenzie, Vednita Carter

Dignity: A Journal on Sexual Exploitation and Violence

Survivors of prostitution propose a policy reform platform including three main pillars of priority: criminal justice reforms, fair employment, and standards of care. The sexual exploitation of prostituted individuals has lasting effects which can carry over into many aspects of life. In order to remedy these effects and give survivors the opportunity to live a full and free life, we must use a survivor-centered approach to each of these pillars to create change. First, reform is necessary in the criminal justice system to recognize survivors as victims of crime and not perpetrators, while holding those who exploited them fully responsible ...


Something Old, Something New: Historicizing Same-Sex Marriage Within Ongoing Struggles Over African Marriage In South Africa, Michael W. Yarbrough Oct 2018

Something Old, Something New: Historicizing Same-Sex Marriage Within Ongoing Struggles Over African Marriage In South Africa, Michael W. Yarbrough

Publications and Research

This article examines contemporary struggles over same-sex marriage in the daily lives of black lesbian- and gay-identified South Africans. Based primarily on 21 in-depth interviews with such South Africans drawn from a larger project on post-apartheid South African marriage, the author argues that their current struggles for relationship recognition share much in common with contemporaneous struggles of their heterosexual counterparts, and that these commonalities reflect ongoing tensions between more extended-family and more dyadic understandings of African marriage. The increasing influence of dyadic understandings of marriage, and of associated ideals of romantic love, has helped inspire same-sex marriage claims and, in ...


Life Course Outcomes For Juveniles: Contact With The Criminal Justice System As A Turning Point, Dominique Tauffner Apr 2018

Life Course Outcomes For Juveniles: Contact With The Criminal Justice System As A Turning Point, Dominique Tauffner

Honors Projects

This research investigated the life course outcomes of respondents who have been arrested during adolescence. Although the creation of the juvenile justice system is relatively recent, only existing for 119 years, there is a need for data on the impact this system has on society. The pre-existing knowledge and literature on juvenile delinquency and the criminal justice system often fails to capture longitudinal data. Most scholars on this issue will discuss the immediate effects of things like incarceration and placement or what influences delinquency, ignoring the long-term consequences or life outcomes of those that have been arrested prior to 18 ...


The Predictors Of Juvenile Recidivism: Testimonies Of Adult Students 18 Years And Older Exiting From Alternative Education, La Toshia Palmer Apr 2018

The Predictors Of Juvenile Recidivism: Testimonies Of Adult Students 18 Years And Older Exiting From Alternative Education, La Toshia Palmer

Dissertations

Purpose: The purpose of this descriptive, qualitative study was to identify and describe the importance of the predictors of juvenile recidivism and the effectiveness of efforts to prevent/avoid juvenile recidivism as perceived by previously detained, arrested, convicted, and/or incarcerated adult students 18 years of age and older exiting from alternative education in Northern California. A second purpose was to explore the types of support provided by alternative schools and the perceived importance of the support to avoid recidivism according to adult students 18 years of age and older exiting from alternative education.

Methodology: This qualitative, descriptive research design ...


Living Apart Together As A “Family Form” Among Persons Of Retirement Age: The Appropriate Family Law Response, Cynthia Grant Bowman Apr 2018

Living Apart Together As A “Family Form” Among Persons Of Retirement Age: The Appropriate Family Law Response, Cynthia Grant Bowman

Cornell Law Faculty Publications

As the Baby Boom generation enters retirement age, patterns of living among older persons are beginning to change. Unlike their predecessors, the Baby Boomers lived through the sexual revolution, divorced more easily and more often, and institutionalized new patterns of coupling, such as cohabitation. As a result, the rate of marriage has declined and the percent of the population classified as “single” has gone up. This age cohort has now moved into the sixty-five-plus group and makes up those we think of as the retirement generation, or the “Third Age” group. As longevity has increased and the divorce rate for ...


Exploring Places Of Street Drug Dealing In A Downtown Area In Brazil: An Analysis Of The Reliability Of Google Street View In International Criminological Research, Elenice De Souza Oliveira, Ko-Hsin Hsu Feb 2018

Exploring Places Of Street Drug Dealing In A Downtown Area In Brazil: An Analysis Of The Reliability Of Google Street View In International Criminological Research, Elenice De Souza Oliveira, Ko-Hsin Hsu

Department of Justice Studies Faculty Scholarship and Creative Works

This study assesses the reliability of Google Street View (GSV) in auditing environmental features that help create hotbeds of drug dealing in Belo Horizonte, one of Brazil’s largest cities. Based on concepts of “crime generators” and “crime enablers,” a set of 40 items were selected using arrest data related to drug activities for the period between 2007 and 2011. These items served to develop a GSV data collection instrument used to observe features of 135 street segments that were identified as drug dealing hot spots in downtown Belo Horizonte. The study employs an intra-class correlation (ICC) statistics as a ...


Conditions Of Personhood And Property, Zachary James Acree Feb 2018

Conditions Of Personhood And Property, Zachary James Acree

All Dissertations, Theses, and Capstone Projects

This paper seeks to demonstrate that a more robust understanding of personhood both reveals flaws in the underlying assumptions of modern property law, and orients that law to a more just application. To do this, the law needs not only a better definition of what persons are, but also a better understanding of how persons function in their society. First, in order to provide some context to the issues at stake, there is a brief historical introduction to some of the problems that personhood inquiries have faced. After the introduction, this paper is divided into four sections. Part I summarizes ...


Very Long Engagements: The Persistent Authority Of Bridewealth In A Post-Apartheid South African Community, Michael W. Yarbrough Jan 2018

Very Long Engagements: The Persistent Authority Of Bridewealth In A Post-Apartheid South African Community, Michael W. Yarbrough

Publications and Research

This article examines the persistent authority of the customary practice for forming recognized marriages in many South African communities, centered on bridewealth and called “lobola.” Marriage rates have sharply fallen in South Africa, and many South Africans blame this on the difficulty of completing lobola amid intense economic strife. Using in-depth qualitative research from a village in KwaZulu-Natal, where lobola demands are the country’s highest and marriage rates its lowest, I argue that lobola’s authority survives because lay actors, and especially women, have innovated new repertoires of lobola behavior that allow them to pursue emerging needs and desires ...


The Loving Story: Using A Documentary To Reconsider The Status Of An Iconic Interracial Married Couple, Regina Austin Jan 2018

The Loving Story: Using A Documentary To Reconsider The Status Of An Iconic Interracial Married Couple, Regina Austin

Faculty Scholarship at Penn Law

The Loving Story (Augusta Films 2011), directed by Nancy Buirski, tells the backstory of the groundbreaking U.S. Supreme Court case, Loving v. Virginia, that overturned state laws barring interracial marriage. The article looks to the documentary to explain why the Lovings should be considered icons of racial and ethnic civil rights, however much they might be associated with marriage equality today. The film shows the Lovings to be ordinary people who took their nearly decade long struggle against white supremacy to the nation’s highest court out of a genuine commitment to each other and a determination to live ...


“Long Past Time”: Cedaw Ratification In The United States, Rangita De Silva De Alwis, Amanda M. Martin Jan 2018

“Long Past Time”: Cedaw Ratification In The United States, Rangita De Silva De Alwis, Amanda M. Martin

Faculty Scholarship at Penn Law

More than 70 years after Eleanor Roosevelt pioneered the drafting of the Universal Declaration of Human Rights, the US has not ratified the Convention on the Elimination of All Forms of Discrimination Against Women (CEDAW or what is known as the global Bill of Rights for Women). The Trump administration is planning measures such as paid parental leave and child care legislation which are supported by the CEDAW. Despite the Trump administration's caution about human rights treaties, we argue that an enlightened self-interest on the part of the administration will draw it towards the CEDAW ratification despite the ratification ...


Logics Of Freedom: Debating Religious Freedom Laws And Gay And Lesbian Rights, Emily Kazyak, Kelsy Burke, Mathew Stange Jan 2018

Logics Of Freedom: Debating Religious Freedom Laws And Gay And Lesbian Rights, Emily Kazyak, Kelsy Burke, Mathew Stange

Sociology Department, Faculty Publications

In the wake of marriage equality for same-sex couples, many states have introduced and passed laws that provide religious exemptions for certain services and benefits for LGBTQ (lesbian, gay, bisexual, transgender, and queer) persons. The authors use data from a general population survey of Nebraskans as a mixed-methods case study to examine public opinion of religious freedom laws. Drawing on data from both closed-ended (n = 1,117) and openended (n = 838) questions, the authors show that opposition to religious freedom laws is quite high, as 64 percent of respondents report that they oppose laws that would allow business owners to ...


The Effects Of Employment On Recidivism Among Delinquent Juveniles, Leigh Kassem Aug 2017

The Effects Of Employment On Recidivism Among Delinquent Juveniles, Leigh Kassem

Electronic Theses and Dissertations

Current research indicates an association between intense adolescent work (twenty hours or more per week) and delinquent behavior. It has been widely speculated that this relationship is spurious, occurring only as a result of other factors which are common to both offending and intense employment. The current study attempts to fill a gap in the literature by utilizing the Pathways to Desistance dataset to examine the evolution of the relationship between work and self-reported offending in a longitudinal sample of juvenile offenders. Work intensity and consistency, social capital, and expectations for success were analyzed as potential predictors of recidivism or ...


Today's Porn: Not A Constitutional Right; Not A Human Right, Patrick Trueman Jul 2017

Today's Porn: Not A Constitutional Right; Not A Human Right, Patrick Trueman

Dignity: A Journal on Sexual Exploitation and Violence

No abstract provided.


Sham Marriages, Ancillary Powers, And Moral Discourse: Toh Seok Kheng V. Huang Huiqun; Adp V. Adq, Siyuan Chen Apr 2017

Sham Marriages, Ancillary Powers, And Moral Discourse: Toh Seok Kheng V. Huang Huiqun; Adp V. Adq, Siyuan Chen

Siyuan CHEN

Is marriage an institution (of public morality) or a contract (of private ordering)? In Toh Seok Kheng, the High Court concluded that it was unable to declare a “sham marriage” void just because the motives behind the marriage seemed improper. In ADP, the High Court held that since a void marriage meant there was no marriage to begin with, the “wife” was not entitled to maintenance, and there could not have been any “matrimonial assets” to be divided, unless she had a strong “moral” claim. This piece considers how the aforementioned moral-contractual dichotomy emerges in these cases.


Amendment Of The Abortion Law: Relevant Data And Judicial Opinion Apr 2017

Amendment Of The Abortion Law: Relevant Data And Judicial Opinion

John Noonan

No abstract provided.


Domicile Dismantled, Kerry Abrams, Kathryn Barber Apr 2017

Domicile Dismantled, Kerry Abrams, Kathryn Barber

Indiana Law Journal

Part I of this Article discusses the legal and factual background of Mas v. Perry. This narrative reveals how the case reflects both the changes in American society that were beginning to occur at that time and the struggle of the concept of domicile to keep pace with those changes. Part II traces the development of the fundamental shift in gender roles that began several years before Mas was decided. This section argues that the growing number of women attending college, embarking upon careers, and forming two-career marriages increased the difficulty of measuring domicile, while undermining the efficacy of a ...


Tax-Supported Abortions: The Legal Issues, Eugene J. Schulte Mar 2017

Tax-Supported Abortions: The Legal Issues, Eugene J. Schulte

The Catholic Lawyer

No abstract provided.


New Hampshire Juvenile Sex Trafficking Survivor Urges Representatives To Vote Against Decriminalized Prostitution, Darlene Pawlik, Donna M. Hughes Dr. Feb 2017

New Hampshire Juvenile Sex Trafficking Survivor Urges Representatives To Vote Against Decriminalized Prostitution, Darlene Pawlik, Donna M. Hughes Dr.

Donna M. Hughes

I am a juvenile sex trafficking survivor. I was sold here in New Hampshire and other states as well. This is happening now too. Even with a law against prostitution, the more egregious elements are prevalent. Trafficking is not separate from prostitution, it is just the darker side of the very same coin. 


May I Be Excused? Smith's Individualized Governmental Assessment Exception And The Hhs Mandate, Mary E. Mcmahon Feb 2017

May I Be Excused? Smith's Individualized Governmental Assessment Exception And The Hhs Mandate, Mary E. Mcmahon

Journal of Catholic Legal Studies

No abstract provided.


Recent Abortion Litigation, Martin F. Mckernan, Jr. Feb 2017

Recent Abortion Litigation, Martin F. Mckernan, Jr.

The Catholic Lawyer

No abstract provided.


Further Comment On People V. Belous Jan 2017

Further Comment On People V. Belous

The Catholic Lawyer

No abstract provided.


Health And Safety Overregulation, Michael Lewyn Jan 2017

Health And Safety Overregulation, Michael Lewyn

Michael E Lewyn

Anti-jaywalking laws are designed to protect the safety of pedestrians. Similarly, police and child protection officials punish parents who allow their children to walk to school, in the name of child safety. This speech criticizes these policies and their justifications.