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Articles 1 - 26 of 26
Full-Text Articles in Law
The Slippery Discourse Of Sexual Consent: Feminist Acumen And Feminist Excess, Dan Subotnik
The Slippery Discourse Of Sexual Consent: Feminist Acumen And Feminist Excess, Dan Subotnik
Scholarly Works
No abstract provided.
Law Versus Action: How Five Cape Town Organizations Are Combating High Rates Of Sexual Assault And The Failure Of Progressive Sexual Offences Legislation, Anna Tinker
Independent Study Project (ISP) Collection
This Independent Study Project (ISP) seeks to understand the work various Cape Town organizations are doing to help survivors of sexual assault gain access to justice. Previous research finds that social norms defining masculinity as well as rape myths and stereotypes lead to the high levels of gender-based violence (GBV) in South Africa. This research led to my hypothesis that organizations fighting GBV would target these norms to help survivors access the justice system that so frequently ignores them. Eight organizations were contacted requesting an interview to discuss their work and two agreed to participate. Participants were asked to discuss …
#Metoo, Statutory Rape Laws, And The Persistence Of Gender Stereotypes, Leslie Y. Garfield Tenzer
#Metoo, Statutory Rape Laws, And The Persistence Of Gender Stereotypes, Leslie Y. Garfield Tenzer
Elisabeth Haub School of Law Faculty Publications
This Article proceeds in five parts. Part I reviews the history of the legal and social movement from gender-specific to gender-neutral statutory rape laws. This Part includes an exploration of critical scholarship responding to the Supreme Court's Michael M. decision. Part II explains the limitations of gender-specific legislation. This Part illustrates that there are two categories of gender-neutral statutory rape jurisdictions: age-differential statutes and arbitrary prosecution statutes. This Part also explores challenges to these statutes, particularly arbitrary prosecution statutes, on equal protection grounds. Part III provides empirical data that men are prosecuted at a rate four times greater than females …
Sex Wars As Proxy Wars, Aya Gruber
Sex Wars As Proxy Wars, Aya Gruber
Publications
The clash between feminists and queer theorists over the meaning of sex—danger versus pleasure—is well- trodden academic territory. Less discussed is what the theories have in common. There is an important presumption uniting many feminist and queer accounts of sexuality: sex, relative to all other human activities, is something of great, or grave, importance. The theories reflect Gayle Rubin’s postulation that "everything pertaining to sex has been a ‘special case’ in our culture.” In the #MeToo era, we can see all too clearly how sex has an outsized influence in public debate. Raging against sexual harm has become the preferred …
The #Metoo Movement: An Invitation For Feminist Critique Of Rape Crisis Framing, Jamie Abrams
The #Metoo Movement: An Invitation For Feminist Critique Of Rape Crisis Framing, Jamie Abrams
Articles in Law Reviews & Other Academic Journals
This article invites feminists to leverage the #MeToo Movement as a critical analytical tool to explore the longevity of the enduring rape crisis framing of victim services. For nearly half a century, victims have visited rape crisis centers, called rape crisis hotlines, and mobilized rape crisis response teams to provide services and support. This enduring political and social framing around rape as a crisis is opaque, has prompted a political backlash, and risks distorting hard-fought feminist legal, social, and political battles. It has yielded underreporting, underutilization, and recurring risks of budgetary cuts. This model and terminology have gone virtually unchanged …
Judicial Audiences: A Case Study Of Justice David Watt's Literary Judgments, Elaine Craig
Judicial Audiences: A Case Study Of Justice David Watt's Literary Judgments, Elaine Craig
Articles, Book Chapters, & Popular Press
Applicants to the federal judiciary identify three main audiences for their decisions: the involved and affected parties, the public, and the legal profession. This case study examines a set of decisions authored by Justice David Watt of the Ontario Court of Appeal, involving the rape, torture, murder or attempted murder of women, in which he attempts humour or uses puns, parody, stark imagery and highly stylized and colloquial language to introduce the violence, or factual circumstances surrounding the violence, in these cases. It assess these introductions in relation to the audiences judges have identified as important for their decisions. The …
How To Think (Like A Lawyer) About Rape, Kimberly Kessler Ferzan, Peter K. Westen
How To Think (Like A Lawyer) About Rape, Kimberly Kessler Ferzan, Peter K. Westen
All Faculty Scholarship
From the American Law Institute to college campuses, there is a renewed interest in the law of rape. Law school faculty, however, may be reluctant to teach this deeply debated topic. This article begins from the premise that controversial and contested questions can be best resolved when participants understand the conceptual architecture that surrounds and delineates the normative questions. This allows participants to talk to one another instead of past each other. Accordingly, in this article, we begin by diffusing two non-debates: the apparent conflict created when we use “consent” to mean two different things and the question of whether …
Hidden Behind A 53 Foot Trailer: Are Women Truck Drivers At Risk For Sexual Assault?, Kim Bourne
Hidden Behind A 53 Foot Trailer: Are Women Truck Drivers At Risk For Sexual Assault?, Kim Bourne
Nursing Faculty Publications
Background. Sexual assault affects one in five women, worldwide, across their lifetime; approximately 22 million women in the United States (US). Only twenty-seven percent of the assaults are reported to the police. In the US, approximately 8% of the sexual assaults on women occur in the workplace; late hours of the night or early morning hours, working alone, working in isolated areas, working with the public, and working in a mobile workplace place women at an increased risk. There are approximately 200,000 women long-haul truck drivers in the US; 132,000 drives with a partner, and 99,000 drives with their intimate …
The Criminalization Of Title Ix, Erin R. Collins
The Criminalization Of Title Ix, Erin R. Collins
Law Faculty Publications
This essay proceeds in three parts. Part I provides a brief overview of the history of feminist-influenced criminal rape law reform and the rise of carceral feminism. Part II demonstrates how key tenets of the criminal law approach have been imported into emerging Title IX policies. Part III engages in a brief distributional analysis to identify who benefits and who loses from this approach. Then, drawing on insights from critical feminist critiques of rape law reform, begins to identify ways to use the opportunity Title IX presents to craft a very different kind of response to sexual assault--one that focuses …
The Ethical Identity Of Sexual Assault Lawyers, Elaine Craig
The Ethical Identity Of Sexual Assault Lawyers, Elaine Craig
Articles, Book Chapters, & Popular Press
Despite progressive law reforms, sexual assault complainants continue to experience the criminal justice response to the violations that they have suffered as unsatisfactory, if not traumatic. One emerging response to this dilemma involves greater consideration of the ethical boundaries imposed on lawyers that practice sexual assault law. What is the relationship between a criminal lawyer’s ethical duties and the reforms to the law of sexual assault in Canada? How do lawyers themselves understand the ethical limits imposed on their conduct of a sexual assault case? How do lawyers that practice in this area of law comprehend their role in the …
"Nobody's Saying We're Opposed To Complying": Barriers To University Compliance With Vawa And Title Ix, Charlotte Savino
"Nobody's Saying We're Opposed To Complying": Barriers To University Compliance With Vawa And Title Ix, Charlotte Savino
Cornell Law Library Prize for Exemplary Student Research Papers
Part I of this note will explore the government’s action in addressing sexual assault on campus, including the history of VAWA, the Clery Act, and Title IX. Part II will posit barriers to compliance, including ambiguous mandates, due process issues of private adjudication, and privacy law. Part III encapsulates the current political landscape and the laws that are under consideration. Part IV concludes with the financial and legal consequences of university action and inaction, including lawsuits brought by victims, lawsuits brought by the accused, Department of Education and Office of Civil Rights fines, and admissions consequences as prospective students actively …
Boys, Rape And Masculinity: Reclaiming Boys’ Narratives Of Sexual Violence In Custody, Brenda V. Smith
Boys, Rape And Masculinity: Reclaiming Boys’ Narratives Of Sexual Violence In Custody, Brenda V. Smith
Articles in Law Reviews & Other Academic Journals
This article examines a little studied area at the intersections of masculinity, feminist studies, and criminal justice — sexual abuse of boys in custody by female staff. Professor Smith outlines the scope of the problem and discusses competing narratives that attempt to explain the phenomena: (1) female staff as “mother, sister, friend”; (2) adolescent development theory; (3) complex early childhood trauma; and (4) female authority and power. There is a gap in both masculinity and feminist theory in analyzing sexual aggression and power by women over boys. The talk article concludes with policy and practice prescription and recommendations for further …
Procedural Steps Addressing Sexual And Gender-Based Violence: The Legacy Of The International Criminal Tribunal For Rwanda And Its Application In The Special Court For Sierra Leone, Valerie Oosterveld
Procedural Steps Addressing Sexual And Gender-Based Violence: The Legacy Of The International Criminal Tribunal For Rwanda And Its Application In The Special Court For Sierra Leone, Valerie Oosterveld
Law Publications
This paper examines certain procedural strategies adopted by the International Criminal Tribunal for Rwanda (ICTR) to encourage and support victims of, and witnesses to, sexual and gender-based violence and traces their application in the Special Court for Sierra Leone. First, the paper explores specific methods used to protect the identity of victims and witnesses. Second, this paper considers steps taken by the ICTR to provide courtroom support to victims and witnesses. Finally, this paper surveys evidentiary approaches meant to reduce the retraumatization of sexual violence victims. The ICTR indeed has a legacy in these respects, somewhat positive and somewhat flawed.
[Including But Not Limited To] Violence Against Women, Giovanna Shay
[Including But Not Limited To] Violence Against Women, Giovanna Shay
Faculty Scholarship
This Article highlights three developments in criminal justice in 2012 that marked the move toward more gender-inclusive anti-violence movements: the FBI’s adoption of a gender-neutral definition of rape; the debate regarding the reauthorization of the Violence Against Women Act (VAWA); and the promulgation of new Department of Justice (DOJ) regulations under the Prison Rape Elimination Act of 2003 (PREA). These recent developments reveal a growing movement towards more gender-inclusive conceptions of rape and intimate partner violence. The change to a more gender-inclusive approach will have many implications for criminal justice policy and institutions. One critical project is to ensure that …
Repair Versus Rejuvenation: The Condition Of Vaginas As A Proxy For The Societal Status Of Women, Patricia A. Broussard
Repair Versus Rejuvenation: The Condition Of Vaginas As A Proxy For The Societal Status Of Women, Patricia A. Broussard
Journal Publications
No abstract provided.
The Phases And Faces Of The Duke Lacrosse Controversy: A Conversation, Angela J. Davis, James E. Coleman Jr, Michael Gerhardt, K.C. Johnson
The Phases And Faces Of The Duke Lacrosse Controversy: A Conversation, Angela J. Davis, James E. Coleman Jr, Michael Gerhardt, K.C. Johnson
Articles in Law Reviews & Other Academic Journals
No abstract provided.
“Hands Off”: Sex, Feminism, Affirmative Consent, And The Law Of Foreplay, Dan Subotnik
“Hands Off”: Sex, Feminism, Affirmative Consent, And The Law Of Foreplay, Dan Subotnik
Scholarly Works
No abstract provided.
A Reckless Response To Rape: A Reply To Ayres And Baker, Kimberly Kessler Ferzan
A Reckless Response To Rape: A Reply To Ayres And Baker, Kimberly Kessler Ferzan
All Faculty Scholarship
In a recent article in the University of Chicago Law Review, Professors Ian Ayres and Katharine Baker propose the crime of "reckless sexual conduct," criminalizing unprotected first-encounter sexual intercourse. The goals of this proposal are to combat the epidemic of sexually transmitted diseases by requiring condom use and to reduce acquaintance rape by "forcing" communication. While the goals are admirable, the proposal is deeply flawed. As public health legislation, it is overinclusive, thereby punishing the morally innocent, and its conception of consent as an affirmative defense fundamentally misunderstands criminal responsibility. As rape reform, which is arguably the true aim of …
Rethinking Prison Sex: Self Expression And Safety, Brenda V. Smith
Rethinking Prison Sex: Self Expression And Safety, Brenda V. Smith
Articles in Law Reviews & Other Academic Journals
This article analyzes legislation and policies that limit prisoners' sexual expression and autonomy. The article juxtaposes prisoners interest in sexual expression against the interests of the state in regulating sex by and between prisoners. The article concludes that the state has an interest in regulating sex between inmates and staff and in regulating coerced or forced sex between inmates. In other instances prisons could accommodate prisoners' interest in sexual expression and achieve important goals such as better decisionmaking; improved relations with family and partners to aid community reentry; reduction of prison rape; and as inmate management.
Law's Nobility, Robin West
Law's Nobility, Robin West
Georgetown Law Faculty Publications and Other Works
This article first aims to set out the feminist theory of Catharine MacKinnon as explicitly as possible and in a way that accounts for its incredible power. To strengthen MacKinnon's theoretical project, the article proposes some modifications to the original that are drawn from, in part, the critiques of queer theorists. The crucial departure proposed here concerns MacKinnon's "critique of desire," which in my view is deeply mistaken. Rather than distrusting the sexual desires of women as hopelessly polluted by subordination, we should be neutral -- neither critical nor confident -- regarding the degree to which our desires, if fulfilled, …
Suppressing Memory, Lynne Henderson
Getting To Know: Honoring Women In Law And In Fact, Lynne Henderson
Getting To Know: Honoring Women In Law And In Fact, Lynne Henderson
Scholarly Works
No abstract provided.
Sex, Reason, And A Taste For The Absurd, Robin West
Sex, Reason, And A Taste For The Absurd, Robin West
Georgetown Law Faculty Publications and Other Works
Like much of Richard Posner's best work, Sex and Reason does many things, and for that reason will no doubt attract a large and diverse readership. This heavily footnoted, exhaustively researched, and imminently accessible book is a welcome introduction to the interdisciplinary study of sex. For the lay reader it presents an arresting set of speculations about human sexuality, drawn from the author's evident familiarity with a sizeable library of studies representing at least half a dozen scientific and social scientific disciplines, assembled in a readable and lively way. Of more interest, perhaps, to academicians and social scientists familiar with …
Legitimating The Illegitimate: A Comment On 'Beyond Rape', Robin West
Legitimating The Illegitimate: A Comment On 'Beyond Rape', Robin West
Georgetown Law Faculty Publications and Other Works
Professor Dripps's provocative proposal, as I understand it, is that we think of sex as a commodity and rape as the theft of that commodity. Understood as such, the theft of sex accomplished through violence or the threat of violence is a twofold wrong: it violates our "negative" right to refuse to have sex with anyone for any or no reason, and violence or the threat of violence infringes our right to personal, physical security. Therefore, the violent expropriation of sex should be punished as a major felony, as is violent rape, at least in theory.
Furthermore, according to Dripps, …
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 …
What Makes Rape A Crime?, Lynne Henderson