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Articles 1 - 15 of 15
Full-Text Articles in Law
Winning The Battle, Winning The War, Malka Herman
Winning The Battle, Winning The War, Malka Herman
William & Mary Law Review Online
This Article analyzes Derrick Bell's interest-convergence theory and its utility for lawyers when litigating for the rights of nondominant groups. The first part of this Article studies four different cases in which plaintiffs or amicus curiae chose arguments that highlighted the ways their interests converged with potential allies. The Article uses these cases as examples of four different ways that a lawyer can engage in interest-convergence litigation. The strategies examined in this Article rest on two axes: dominant/nondominant narrative convergence and natural/unnatural ally convergence. An analysis of the effects of each of these techniques makes it clear that dominant narrative …
Looking Beyond Batson: A Different Method Of Combating Bias Against Queer Jurors, Anna L. Tayman
Looking Beyond Batson: A Different Method Of Combating Bias Against Queer Jurors, Anna L. Tayman
William & Mary Law Review
On November 27, 1978, Harvey Milk, the first openly gay elected official in California’s history, was murdered. He was shot five times, twice in the head. His murderer, Dan White, was convicted of voluntary manslaughter and served only five years in prison.
The Dan White trial is the most famous example of queer juror exclusion in American history. While White’s defense attorney, Douglas Schmidt, could not directly ask the jurors about their sexual orientation, he had another strategy: find the gays and allies and keep them out, and find the Catholics and keep them in. Schmidt struck a woman who …
Introduction, Kate Price
Introduction, Kate Price
William & Mary Journal of Race, Gender, and Social Justice
No abstract provided.
Voting To End Vulnerability: Understanding The Recent Proliferation Of State-Level Child Sex Trafficking Legislation, Kate Price, Keith Gunnar Bentele
Voting To End Vulnerability: Understanding The Recent Proliferation Of State-Level Child Sex Trafficking Legislation, Kate Price, Keith Gunnar Bentele
William & Mary Journal of Race, Gender, and Social Justice
This Article first focuses on the history of CSEC (commercially sexually exploited children) legislation in the United States by contextualizing the history of state anti-trafficking laws within the larger anti-trafficking policy framework of federal U.S. statutes and United Nations’ (U.N.) protocols. The second and third sections address the variables, statistical model, and results of our data analysis. The fourth section discusses the implications of these findings. The Article concludes with practical considerations for future CSEC legislative efforts on the state level.
License To Abuse: Confronting Coach-Inflicted Sexual Assault In American Olympic Sports, Haley O. Morton
License To Abuse: Confronting Coach-Inflicted Sexual Assault In American Olympic Sports, Haley O. Morton
William & Mary Journal of Race, Gender, and Social Justice
No abstract provided.
When Sex Trafficking Victims Turn Eighteen: The Problematic Focus On Force, Fraud, And Coercion In U.S. Human Trafficking Laws, Julianne Siegfriedt
When Sex Trafficking Victims Turn Eighteen: The Problematic Focus On Force, Fraud, And Coercion In U.S. Human Trafficking Laws, Julianne Siegfriedt
William & Mary Journal of Race, Gender, and Social Justice
No abstract provided.
Criminalizing “Private” Torture, Tania Tetlow
Criminalizing “Private” Torture, Tania Tetlow
William & Mary Law Review
This Article proposes a state crime against torture by private actors as a far better way to capture the harm of serious domestic violence. Current criminal law misses the cumulative terror of domestic violence by fracturing it into individualized, misdemeanor batteries. Instead, a torture statute would punish a pattern crime— the batterer’s use of repeated violence and threats for the purpose of controlling his victim. And, for the first time, a torture statute would ban nonviolent techniques committed with the intent to cause severe pain and suffering, including psychological torture, sexual degradation, and sleep deprivation.
Because serious domestic violence routinely …
(No) State Interests In Regulating Gender: How Suppression Of Gender Nonconformity Violates Freedom Of Speech, Jeffrey Kosbie
(No) State Interests In Regulating Gender: How Suppression Of Gender Nonconformity Violates Freedom Of Speech, Jeffrey Kosbie
William & Mary Journal of Race, Gender, and Social Justice
Despite limited growth in legal protections for transgender people, dress and appearance are largely treated as unprotected matters of personal preference. In response, lawyers and scholars argue that dress and appearance are intimately connected to the expression of identity. Nonetheless, courts have generally deferred to the government’s proffered justifications for these laws.
This article refocuses on the government’s alleged interests in regulating gender nonconformity. Using a First Amendment analysis, the article reveals how seemingly neutral government interests are used to single out conduct because it expresses messages of gender nonconformity. This approach avoids impossible questions about the subjective intent of …
The Collateral Consequences Of Masculinizing Violence, Jamie R. Abrams
The Collateral Consequences Of Masculinizing Violence, Jamie R. Abrams
William & Mary Journal of Race, Gender, and Social Justice
Before an enraged gunman fired thirty-six deadly shots into an exercise class filled with women, on August 4, 2009, in Pennsylvania, he blogged that his killing spree was the result of his failure to meet society’s expectations of him as a man. This violent act tragically affirms that hegemonic masculinity — a dominant form of masculinity whereby some types of men have power over women and over some other men — can directly cause violence against women and reveals both an underlying connection between masculinities scholarship and feminist scholarship and the value in exploring that linkage further in both theory …
Who Is To Shame? Narratives Of Neonaticide, Susan Ayres
Who Is To Shame? Narratives Of Neonaticide, Susan Ayres
William & Mary Journal of Race, Gender, and Social Justice
In seventeenth-century England, single women who killed their newborns were believed to have acted to hide their shame. They were prosecuted under the 1624 Concealment Law and punished by death. This harsh response eventually evolved into a more humane and sympathetic one, as shown by the increasing number of acquittals in the late eighteenth century and by the sharp drop of prosecutions in the late nineteenth century. Then, in 1922, England passed the Infanticide Act, amended in 1938, which provided that a mother who killed her child would be prosecuted for manslaughter, not murder. Today, the great majority of women …
The Diaspora Of Ethnic Economies: Beyond The Pale?, Lan Cao
The Diaspora Of Ethnic Economies: Beyond The Pale?, Lan Cao
William & Mary Law Review
No abstract provided.
Soldiers For Justice: The Role Of The Tuskegee Airmen In The Desegregation Of The American Armed Forces, F. Michael Higginbotham
Soldiers For Justice: The Role Of The Tuskegee Airmen In The Desegregation Of The American Armed Forces, F. Michael Higginbotham
William & Mary Bill of Rights Journal
Often noted for their heroic prowess as pilots in World War II, the Tuskegee Airmen served just as nobly fighting racial segregation within the Army. Considered exemplary in its integration today, the armed forces were a testing ground for integration in the middle of the twentieth century. Black officers and enlisted men, putting themselves in harm's way for a segregated United States, rebuked the notion of separate but equal, thereby slowly paving the way for integration in the military, and eventually, the nation. In this Article, F. Michael Higgenbotham examines the history of segregation in the United States Armed Forces …
Romantic And Electronic Stalking In A College Context, Rebecca K. Lee
Romantic And Electronic Stalking In A College Context, Rebecca K. Lee
William & Mary Journal of Race, Gender, and Social Justice
No abstract provided.
The Promise Of Brown Forty Years Later: Introduction, Davison M. Douglas
The Promise Of Brown Forty Years Later: Introduction, Davison M. Douglas
William & Mary Law Review
No abstract provided.
Hawaiian Eth(N)Ics: Race And Religion In Kamehameha Schools, Leigh Caroline Case
Hawaiian Eth(N)Ics: Race And Religion In Kamehameha Schools, Leigh Caroline Case
William & Mary Bill of Rights Journal
No abstract provided.