Law Commons^™

Sentencing Inequality Versus Sentencing Injustice, Melanie D. Wilson

Scholarly Articles

Women lag behind men in pay for equal work and in positions of prestigious employment, such as chief executive officers at Fortune 500 companies and presidents of colleges and universities. Women also suffer conscious and subconscious negative bias from both men and women in positions to evaluate an applicant's capabilities and potential, making it less likely that an employer or mentor will choose a woman instead of a man. In contrast to these and many other contexts, our federal criminal justice system regularly favors women over men. Empirical studies show that this lenient treatment begins with prosecutors and law enforcement …

"Because Ladies Lie": Eliminating Vestiges Of The Corroboration And Resistance Requirements From Ohio's Sexual Offenses, Patricia J. Falk

Law Faculty Articles and Essays

In response to alarming statistics about the dearth of rape cases brought to successful fruition, feminist critiques of rape law, and changing attitudes about sexual autonomy, rape and sexual assault statutes in America have undergone enormous revision during the last few decades. The barriers to successful prosecution of rape cases-including the corroboration and resistance requirements-have been slowly eroding in modern statutory law. Despite rampant rape reform, these old-fashioned requirements have been remarkably persistent, and vestiges of them remain in twenty-first-century statutory enactments.

"Stand Your Ground" In Context: Race, Gender, And Politics, Donna Coker

University of Miami Law Review

No abstract provided.

Real Men Advance, Real Women Retreat: Stand Your Ground, Battered Women's Syndrome, And Violence As Male Privilege, Mary Anne Franks

University of Miami Law Review

No abstract provided.

When Harvard Said No To Eugenics: The J. Ewing Mears Bequest, 1927, Paul A. Lombardo

Faculty Publications By Year

James Ewing Mears (1838-1919) was a founding member of the Philadelphia Academy of Surgery. His 1910 book, The Problem of Race Betterment, laid the groundwork for later authors to explore the uses of surgical sterilization as a eugenic measure. Mears left $60,000 in his will to Harvard University to support the teaching of eugenics. Although numerous eugenic activists were on the Harvard faculty, and who of its Presidents were also associated with the eugenics movement, Harvard refused the Mears gift. The bequest was eventually awarded to Jefferson Medical College in Philadelphia. This article explains why Harvard turned its back …

Women Of Color In Legal Education: Challenging The Presumption Of Incompetence, Carmen G. Gonzalez

Carmen G. Gonzalez

Female law professors of color have become the canaries in the academic mine whose plight is an early warning of the dangers that threaten legal education and the future of the legal profession. As legal education is restructured in response to declining enrollments, tenure itself is coming under fire, and downsizing and hiring freezes are becoming more common. Female law professors of color, who tend to be concentrated at middle- and lower-tier law schools, are particularly vulnerable. But this vulnerability may foreshadow the predicament of all but the most elite law faculty if academic employment becomes increasingly precarious. This article …

Human Rights, Women, And Third World Development, Winston E. Langley

Winston E. Langley

As part of the effort to inaugurate a new international socio-political order after World War II, international emphasis was given to certain moral and legal entitlements we have come to call human rights. That emphasis initially found its most forceful expression in the Charter of the United Nations, which not only asserts its members' faith in fundamental human rights, in the dignity and worth of the human person, as well as in the equal rights of men and women of all nations, but also recites its members' commitment to employ international machinery for the promotion of the social and economic …

Not All Women Are Mothers: Addressing The Invisibility Of Women Under The Control Of The Criminal Justice System Who Do Not Have Children, Venezia Michalsen, Jeanne Flavin

Department of Justice Studies Faculty Scholarship and Creative Works

Research has consistently shown that most women under the control of the criminal justice system are mothers. The robustness of this finding has been accompanied by a failure to consider the characteristics and needs of women without children. In this study, we examine data on 1,334 formerly incarcerated women. Findings indicate that while mothers and non-mothers share some characteristics, they differ on several others, most notably demographic profile, mental health, and timing of contacts with the criminal justice system. These results suggest a need to recognize the diversity among women offender groups, particularly when developing policies and programs need.

Dan Subotnik, Toxic Diversity: Race, Gender, And Law Talk In America, Hannah Abrams

Touro Law Review

No abstract provided.

Migrant Workers' Access To Justice At Home: Nepal, Sarah Paoletti, Eleanor Taylor-Nicholson, Bandita Sijapati, Bassina Farbenblum

All Faculty Scholarship

Nepal’s citizens engage in foreign employment at the highest per capita rate of any other country in Asia, and their remittances account for 25 percent of the country’s GDP. The Middle East is now the most popular destination for Nepalis--nearly 700,000 were working in the Middle East in 2011 on temporary labor contracts. For some Nepalis, working abroad provides much-needed household wealth. For others, their contributions to Nepal come at great personal cost. Migrant workers in the Gulf, for example, routinely report wage theft, lack of time off and unsafe and unhealthy working conditions. Some migrant workers report psychological and …

"Law And Justice Are Not Always The Same": Creating Community-Based Justice Forums For People Subjected To Intimate Partner Abuse, Leigh S. Goodmark

Leigh S. Goodmark

What constitutes justice in cases involving intimate partner abuse has historically been determined not by the person subjected to abuse, but rather an actor within the legal system—a police officer, a prosecutor, an advocate, or a judge—and those individuals most often define justice in terms of what the legal system has to offer. People subjected to abuse may conceive of justice quite differently, however, in ways that the legal system is not well suited to address. For people subjected to abuse who are interested in punishment, whose goals are congruent with the legal system’s goals of safety and accountability (as …

Convergeing Around The Study Of Gender Violence: The Gender Violence Clinic At The University Of Maryland Carey School Of Law, Leigh S. Goodmark

Leigh S. Goodmark

Domestic violence clinics have been a staple of law school clinical programs since the 1980s. The University of Maryland Francis King Carey School of Law recently created the nation’s first Gender Violence Clinic, however. This article describes the motivation for taking a broader approach to gender based violence, the types of cases handled by the clinic, the challenges posed by the clinic structure, and the pedagogical goals for the clinic.

Gender In Asbestos Law: Cui Bono: Cui Pacat, Anita Bernstein

Faculty Scholarship

No abstract provided.

Bottlenecks And Antidiscrimination Theory, Samuel R. Bagenstos

Reviews

In American antidiscrimination theory, two positions have competed for primacy. One, anticlassification, sees the proper goal of antidiscrimination law as being essentially individualistic. The problem with discrimination, in this view, is that it classifies individuals on the basis of an irrelevant or arbitrary characteristic—and that it, as a result, denies them opportunities for which they are otherwise individually qualified. The other position, antisubordination, sees the proper goal of antidiscrimination law as being more group oriented. The problem with discrimination, in this view, is that it helps constitute a social system in which particular groups are systematically subject to disadvantage and …

Replacing Myths With Facts: Sex-Selective Abortion Laws In The United States, Brian Citro, Jeff Gilson, Sital Kalantry, Kelsey Stricker, University Of Chicago Law School. International Human Rights Clinic, National Asian Pacific American Women's Forum (U.S.), Advancing New Standards In Reproductive Health (Organization)

Cornell Law Faculty Publications

Several countries in the world have sex ratios at birth that are as high or higher than China and India, including countries with predominantly white populations. Nonetheless, immigrant communities in the United States from China and India are consistently accused of harboring a preference for sons. It is supposedly this preference for sons that leads Asian Americans to abort female fetuses. In response, eight states have enacted bans on sex-selective abortion and 21 states and the United States Congress have considered such bans.

Proponents of sex-selective abortion bans claim that the United States is one of the few countries in …

Victimology Of Interpersonal Violence: A Comprehensive Outlook Of Legislative Policies In India, Sukdeo Ingale

Sukdeo Ingale

Victimology is future of criminology. Hence, in contemporary era, every crime needs to be relooked through the ‘injured eyes’ of victim. Against this backdrop, this study investigates a largely unexplored area in victimology i.e. the victimization of men in interpersonal violence. The main object of the study is to evaluate the existence of men victimization by misuse of different laws and to describe and analyze how misuse of different laws by women and systematic bias against men increased probability of men victimization. After extensive literature review, the author found that the rate of men victimization throughout glob is increasing day …

Title Ix And Baseball: How The Contact Sports Exemption Denies Women Equal Opportunity To America's Pastime, Brittany K. Puzey

Nevada Law Journal

No abstract provided.

America's "Disneyland Of Sex": Exploring The Problem Of Sex Trafficking In Las Vegas And Nevada's Response, Chariane K. Forrey

Nevada Law Journal

No abstract provided.

Why Strive For Balance In A Roe Symposium?, Samuel W. Calhoun

Samuel W. Calhoun

No abstract provided.

Tertiary Prevention Programs For Women Who Use Violence In Intimate Relationships, Susan Miller, Lisa Young Larance

NSF-NIJ IPV Prevention Workshop

No abstract provided.

Restorative Justice As An Alternative To Criminalization?, James Ptacek

NSF-NIJ IPV Prevention Workshop

This paper will review the evaluation research on restorative justice (RJ) in cases of intimate partner violence. What do we know about how well RJ ensures the safety and immediate needs of survivors? What do we know about how well survivors feel a sense of justice as a result of these practices? What do we know about the ability of these practices to hold offenders accountable, and to prevent further offending?

Who Benefits And Who Loses In The Criminalization Of Ipv?, Beth E. Richie

NSF-NIJ IPV Prevention Workshop

Click the Download button on the right to access the presentation slides.

Click the Additional File link below to access the paper.

Screening For Ipv In Formal And Informal Settings, Nancy Glass, Elizabeth Miller

NSF-NIJ IPV Prevention Workshop

Overview

Within the last 20 years, gender-based violence (GBV) has gained increased attention globally. GBV is defined as types of violence that primarily women/girls experience, including physical violence (e.g., hitting, punching, kicked, slapped, choked, hurt with a weapon, or otherwise physically hurt), sexual violence (e.g. unprotected forced sex, coercive behaviors, including sexual slavery and coerced abortion), and psychological harm (e.g. controlling behaviors, stalking, threats of violence). These acts of violence are perpetrated by members of women/girl’s family, acquaintances, and/or strangers in the home, community and/or during armed conflict. Globally, an estimated 35% of women experience physical and/or sexual violence in …

Engaging Men In Ipv Prevention, Richard Tolman, Tova Walsh

NSF-NIJ IPV Prevention Workshop

Overview of the Presentation

1. Rationale and framework for engaging boys and men in IPV prevention
2. State of the research
3. Key issues and challenges
4. Priority settings and developmental periods for engaging boys and men
5. Engaging men as fathers
6. Engaging men in couples
7. Global efforts to engage men in primary prevention
8. Men as allies to end gender-based violence
9. Future directions for research

Discussion: Evaluating Bystanding And Similar Primary Prevention Programs, Victoria Banyard

NSF-NIJ IPV Prevention Workshop

No abstract provided.

Primary Prevention Programs In Educational Settings, Ann L. Coker, Eileen Recktenwald

NSF-NIJ IPV Prevention Workshop

What we will cover

• Brief review of programs with efficacy to reduce IPV / SV in educational settings.
• Story of EMPOWER to Green Dot: Practice to Research and back
• Testing a primary prevention bystander based intervention in statewide randomized intervention trial in 26 high schools
• UK and KASAP partnership

Gender And Armed Conflict, Christine Chinkin

Book Chapters

The construction of social sex and gender roles means that armed conflict is sexed and gendered. Men still make up the majority of the fighting forces, while women's generally unequal and subordinate social and economic position makes them vulnerable in particular ways during conflict. Women and men, girls and boys all suffer gender-based violence. Such violence is directed at a person because of his or her gender. For instance men sustain specific harms such as disappearances and deliberate killings in greater numbers than women, while women disproportionately experience sexual violence. The detention of Bosnian Muslims at Potocari on 12 July …

Prenatal Caretaking: Limits Of State Intervention With And Without Roe, Sharon E. Rush

Sharon E. Rush

With or without Roe, difficult questions regarding the state's role in prenatal caretaking remain. Unless the Supreme Court addresses the assumptions underlying the abortion controversy, overruling Roe would not resolve the problem of allocating decisionmaking responsibility between the woman and the state during the woman's pregnancy. Fundamental constitutional questions about life and death, parental authority over the fetus, and the scope of the woman's right of privacy outside of abortion have not been answered by the Supreme Court.

Human Trafficking In Maine: Protection, Prevention, And Prosecution: The Need For A Stand-Alone Statute, Laura M. Cyr

Muskie School Capstones and Dissertations

The United States enacted the Trafficking Victims Protection Act (TVPA) of 2000 to combat the crime of organized firms engaging in the trafficking of humans. The TVPA has resulted in competing definitions and competing agendas which contribute of a public misunderstanding of the nature and scope of human trafficking as a domestic policy issue. Early goals of protection of victims, prevention of future trafficking crimes, and prosecution of traffickers have not been met with empirically driven success. This paper outlines obstacles facing evidence-based legislation in the state of Maine which currently has no stand- alone law protecting victims of sex …

Ledbetter V. Goodyear Tire & Rubber Co., Derrick A. Bell Jr.

Touro Law Review

No abstract provided.