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Articles 1 - 9 of 9
Full-Text Articles in Law
Women’S Votes, Women’S Voices, And The Limits Of Criminal Justice Reform, 1911–1950, Carolyn B. Ramsey
Women’S Votes, Women’S Voices, And The Limits Of Criminal Justice Reform, 1911–1950, Carolyn B. Ramsey
Publications
Deriving its vigor from the work of grassroots organizations at the state and local levels, the League of Women Voters (LWV) sought, in the first half of the twentieth century, to provide newly enfranchised women with a political education to strengthen their voice in public affairs. Local branches like the San Francisco Center learned from experience—through practical involvement in a variety of social welfare and criminal justice initiatives. This Article, written for a symposium commemorating the centennial of the Nineteenth Amendment, assesses the role of LWV leaders in California and especially San Francisco in reforming three aspects of the criminal …
It’S Not The Thought That Counts: Pennsylvania Quietly Made Rape And Idsi Strict Liability Crimes, Jordan E. Yatsko
It’S Not The Thought That Counts: Pennsylvania Quietly Made Rape And Idsi Strict Liability Crimes, Jordan E. Yatsko
Dickinson Law Review (2017-Present)
In 1982, the Pennsylvania Superior Court decided Commonwealth v. Williams, wherein the court held that a defendant charged with rape or involuntary deviate sexual intercourse (IDSI) cannot use a mistake of fact defense as to the victim’s consent. The court relied on the reasoning that a defendant’s mens rea is not an element of either rape or IDSI. Section 302 of the Pennsylvania Crimes Code, however, requires that where the legislature has failed to expressly require a finding of mens rea in the text of the statute, at least recklessness must be imputed to each material element.
This Comment …
It Can't Wait: Exposing The Connections Between Forms Of Sexual Exploitation, Dawn Hawkins
It Can't Wait: Exposing The Connections Between Forms Of Sexual Exploitation, Dawn Hawkins
Dignity: A Journal of Analysis of Exploitation and Violence
No abstract provided.
A Postcolonial Theory Of Spousal Rape: The Carribean And Beyond, Stacy-Ann Elvy
A Postcolonial Theory Of Spousal Rape: The Carribean And Beyond, Stacy-Ann Elvy
Stacy-Ann Elvy
Many postcolonial states in the Caribbean continue to struggle to comply with their international treaty obligations to protect women from sexual violence. Reports from various United Nations programs, including UNICEF, and the annual U.S. State Department Country Reports on Antigua and Barbuda, the Bahamas, Barbados, Dominica, Jamaica, and Saint Lucia (“Commonwealth Countries”), indicate that sexual violence against women, including spousal abuse, is a significant problem in the Caribbean. Despite ratification of various international instruments intended to eliminate sexual violence against women, such as the Convention on the Elimination of All Forms of Discrimination Against Women, Commonwealth Countries have retained the …
A Postcolonial Theory Of Spousal Rape: The Carribean And Beyond, Stacy-Ann Elvy
A Postcolonial Theory Of Spousal Rape: The Carribean And Beyond, Stacy-Ann Elvy
Michigan Journal of Gender & Law
Many postcolonial states in the Caribbean continue to struggle to comply with their international treaty obligations to protect women from sexual violence. Reports from various United Nations programs, including UNICEF, and the annual U.S. State Department Country Reports on Antigua and Barbuda, the Bahamas, Barbados, Dominica, Jamaica, and Saint Lucia (“Commonwealth Countries”), indicate that sexual violence against women, including spousal abuse, is a significant problem in the Caribbean. Despite ratification of various international instruments intended to eliminate sexual violence against women, such as the Convention on the Elimination of All Forms of Discrimination Against Women, Commonwealth Countries have retained the …
Images Of Men In Feminist Legal Theory , Brian Bendig
Images Of Men In Feminist Legal Theory , Brian Bendig
Pepperdine Law Review
No abstract provided.
Rape And The Querela In Italy: False Protection Of Victim Agency, Rachel A. Van Cleave
Rape And The Querela In Italy: False Protection Of Victim Agency, Rachel A. Van Cleave
Michigan Journal of Gender & Law
This Essay describes the history of the querela in Italy and explores the controversy surrounding the decision to maintain this institution. In addition, this Essay questions the degree to which the querela can protect victim agency when the attitudes of judges and lawyers in the Italian criminal justice system reflect persistent rape myths.
The Massie (Honor Killing) Trials 1931-32, Douglas O. Linder
The Massie (Honor Killing) Trials 1931-32, Douglas O. Linder
Faculty Works
Two dramatic criminal trials, one for rape and one for murder and both involving multiple defendants, forever changed the nature of Hawaiian race relations and politics. Filled with twists and turns and unanswered questions, the trials have all the elements of a good mystery. The second of the so-called Massie Affair trials also closes out the courtroom career of America's greatest defense attorney, Clarence Darrow. No trials ever had a more significant effect on a state's history than those that shocked and shook Hawaii in 1931 and 1932.
Roman Rape: An Overview Of Roman Rape Laws From The Republican Period To Justinian's Reign, Nghiem L. Nguyen
Roman Rape: An Overview Of Roman Rape Laws From The Republican Period To Justinian's Reign, Nghiem L. Nguyen
Michigan Journal of Gender & Law
The modern Western crime of rape is commonly defined as "[u]nlawful sexual activity (esp. intercourse) with a person (usu. a female) without consent and usu. by force or threat of injury," and it is often seen as an assault of the person's body and a violation of self-autonomy. However, this differs significantly from the conception of rape in ancient Rome. In fact, "there is no single word in... Latin with the same semantic field as the modern English word 'rape.'” For the Romans, the act of rape was covered under a variety of legal terms, but each of those words …