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Full-Text Articles in Law
Sex Education And Rape, Michelle J. Anderson
Sex Education And Rape, Michelle J. Anderson
Michigan Journal of Gender & Law
In the law of rape, consent has been and remains a gendered concept. Consent presumes female acquiescence to male sexual initiation. It presumes a man desires to penetrate a woman sexually. It presumes the woman willingly yields to the man's desires. It does not presume, and of course does not require, female sexual desire. Consent is what the law calls it when he advances and she does not put up a fight. I have argued elsewhere that the kind of thin consent that the law focuses on is not enough ethically and it should not be enough legally to justify …
Judging Sex In War, Karen Engle
Judging Sex In War, Karen Engle
Michigan Law Review
Rape is often said to constitute a fate worse than death. It has long been deployed as an instrument of war and outlawed by international humanitarian law as a serious-sometimes even capital-crime. While disagreement exists over the meaning of rape and the proof that should be required to convict an individual of the crime, today the view that rape is harmful to women enjoys wide concurrence. Advocates for greater legal protection against rape often argue that rape brings shame upon raped women as well as upon their communities. Shame thus adds to rape's power as a war weapon. Sexual violence …
Sexualized Racism/Gendered Violence: Outraging The Body Politic In The Reconstruction South, Lisa Cardyn
Sexualized Racism/Gendered Violence: Outraging The Body Politic In The Reconstruction South, Lisa Cardyn
Michigan Law Review
From its establishment in the months following the Civil War by a motley assortment of disgruntled former rebels, the first Ku Klux Klan, like its many vigilante counterparts, employed terror to realize its invidious social and political aspirations. This terror assumed disparate shapes - from the storied nightriding of disguised bands on horseback, to cryptic threats, horrific assaults, and, not infrequently, murder. While students of Reconstruction have considered many facets of klan violence, none to date has focused exclusively on sexual violence in its historical specificity. Yet, as the work of Catherine Clinton, Laura Edwards, and Martha Hodes persuasively demonstrates, …
Law And Sex, Christina B. Whitman
Law And Sex, Christina B. Whitman
Reviews
In Feminism Unmodified, a collection of speeches given between 1981 and 1986, Catharine MacKinnon talks of law from the perspective of feminism. MacKinnon does not approach her topic as a lawyer with a uniquely legal perspective on feminism; she brings, instead, a distinctively feminist approach to law. Nor is the feminism from which she speaks grounded in the standard political theories: MacKinnon disclaims and attacks the Marxist approach to feminism, the socialist approach to feminism, and, most emphatically and repeatedly, the liberal approach to feminism that has been embraced by many lawyers in their effort to use law to eliminate …
Evidence Of The Absence Of Fresh Complaint Is Admissible In Sodomy Prosecution-United States V. Goodman, Michigan Law Review
Evidence Of The Absence Of Fresh Complaint Is Admissible In Sodomy Prosecution-United States V. Goodman, Michigan Law Review
Michigan Law Review
Defendant was convicted of two counts of sodomy by a general court martial. The alleged victims of the defendant had failed to complain immediately following the incidents, and evidence of such failure on the part of one of the witnesses had been admitted at trial. A Navy board of review affirmed the conviction, modifying the sentence. Defendant appealed to the United States Court of Military Appeals on the ground that it had been prejudicial error for the law officer to refuse to give a proffered instruction to the court-martial panel respecting the victim's failure to make fresh complaints. On appeal, …
Constitutional Law - Validity Of Sex Offender Acts, William K. Jackson
Constitutional Law - Validity Of Sex Offender Acts, William K. Jackson
Michigan Law Review
The sex offender has become an acute problem. Sociologists, psychiatrists, and lawyers sensing the imperative need for action have devoted much time and thought to the questions involved. Experience has shown that the sex offender is generally a recidivist; he has to be arrested and committed repeatedly for the same type of crimes. The point is graphically illustrated by the case of a man, fifty-nine years of age, arrested recently in Detroit for a sex offense involving a youth. An examination of his record showed that he had been arrested in 1899, when twenty-one years of age, on charges involving …