Law Commons^™

Pulse: Finding Meaning In A Massacre Through Gay Latinx Intersectional Justice, Judith E. Koons

The Scholar: St. Mary's Law Review on Race and Social Justice

Abstract forthcoming.

Dignity, Vol 1, Issue 1, 2016, Donna M. Hughes Dr.

Donna M. Hughes

Beyond Punks In Empty Chairs: An Imaginary Conversation With Clint Eastwood’S Dirty Harry—Toward Peace Through Spiritual Justice, Mark L. Jones

University of Massachusetts Law Review

This Article is based on a presentation at the 2012 conference on “Struggles for Recognition: Individuals, Peoples, and States” co-sponsored by Mercer University, the Concerned Philosophers for Peace, and the Carnegie Council for Ethics in International Affairs, and it seeks to help combat our human tendency to demonize the Other and thus to contribute in some small way to the reduction of unnecessary conflict and violence. The discussion takes the form of a conversation in a bar between four imagined protagonists, who have participated in the conference, and Clint Eastwood’s Dirty Harry, who is having a bad day questioning his …

Innocent Suffering: The Unavailability Of Post-Conviction Relief In Virginia Courts, Kaitlyn Potter

University of Richmond Law Review

This comment examines actual innocence in Virginia: the progress it has made, the problems it still faces, and the possibilities for reform. Part I addresses past reform to the system, spurred by the shocking tales of Thomas Haynesworth and others. Part II identifies three of the most prevalent systemic challenges marring Virginia's justice system: (1) flawed scientific evidence; (2) the premature destruction of evidence; and (3) false confessions and guilty pleas. Part III suggests ways in which Virginia can, and should, address these challenges to ensure that the justice system is actually serving justice.

Welcome To Dignity, Donna M. Hughes Dr.

Donna M. Hughes

No abstract provided.

How And Why A Code Of Silence Between State's Attorneys And Police Officers Resulted In Unprosecuted Torture, Elliott Riebman

DePaul Journal for Social Justice

No abstract provided.

Fighting Fire With Fire: Rethinking The Role Of Disgust In Hate Crimes, Kathryn Abrams

Kathryn Abrams

Analyzes the community-based responses to hate crimes in the U.S. Discussion on the thesis regarding disgust as a response to hate crimes; Strategies used by Arab and Muslim Americans in response to crimes; Role of disgust in enforcement against group-based violence; Background on the cognitive component of disgust; Efforts made by gays and lesbians to make the streets safer.

“Please Stop Telling Her To Leave.” Where Is The Money: Reclaiming Economic Power To Address Domestic Violence, Margo Lindauer

Seattle University Law Review

In this Article, I argue that economic dependence is a critical factor in violence prevention. For many victims of domestic violence, the economic entanglement with an abusive partner is too strong to sever contact without another source of economic support. This Article is a thought experiment in economic justice; it asks the question: is there a way to provide outside economic support for a victim of violence fleeing a battering partner? In this Article, I examine existing systems such as Social Security, unemployment assistance, work-readiness programs, crowd sourcing, and others to evaluate how these sources could provide emergency economic support …

Madina, Madina, Tsos

TSOS Interview Gallery

Madina is from Afghanistan where she had a good life as a hairdresser. She loved her business and was very well off. She faced a great deal of opposition and persecution since she was a woman who owned a business. She faced violence and threats often. Eventually they were forced to sell their possessions and flee with the help of traffickers and had a dangerous and painful journey. Multiple times they were turned away at borders in Greece, Turkey, and Iran. Madina now lives in Oinofyta refugee camp with her husband and 6 children. Her husband has a disability due …

Aeham, Aeham, Tsos

TSOS Interview Gallery

Aeham Ahmad is a pianist from Yarmouk, Syria who gained internet fame from videos posted of him performing on the streets. Because of this, he was targeted and forced to flee to Germany, leaving his wife and two sons behind. Since this interview, his family has joined him.

Aeham’s talent and fame opened up opportunities to perform in various cities in Germany. To share his story during these performances, he learned English. He wants to use music to make a difference in the world. During his time in Yarmouk, there was an underground area where children practiced music because it …

Walid & Rahima, Walid, Rahima, Tsos

TSOS Interview Gallery

Walid worked as a police officer inBaghlan County,Afghanistan, where hedid many operations with NATO and US forces. Walid was responsible for recordingoperations and distributing copies to the media. Being part of the operations was dangerous, and Walid lost many of his friendsto the Taliban.Theyevenskinned afriend for cooperating with the government. The violenceled him to say, “The terrorists have no religion.” The Taliban began entering homes and killing government officials,and paid assassinations happened in public. Walidknew he was in danger.After losing a dear friend, Walid knew then that he had lost all he was willing to lose.He fled to Pakistan where …

Nevin, Nevin, Tsos

TSOS Interview Gallery

Nevin is a civil engineer from Afghanistan who worked with an American company and local government. The Taliban threatened him and demanded he work for them instead and ultimately attacked him on his journey home. After this he began a dangerous journey to Europe full of smugglers, trafficking, encounters with police, poor living conditions and a trip across the Mediterranean in an overcrowded raft.

Nevin ultimately made it to Greece, where he lived in a camp for several months. He received medical care but faced new problems of closed borders and difficulty obtaining papers. He was transferred to a camp …

Bahram & Camila, Bahram, Camila, Tsos

TSOS Interview Gallery

Bahram tells the story of the Afghanistan's 1992 government collapse and subsequent civil wars that destroyed the city of Kabul. "There was war in every alley, every house, every area and every village. 60,000 people were killed." Their family emigrated to Pakistan and after living there for some time, some relatives of a friend from their village travelled to Pakistan and required lodging so they stayed with Bahram's family. In some developing and under-developed countries, the custom of arranged marriage to child and infant daughters is practiced. These house guests demanded their one-year-old daughter be given in marriage to a …

Newsroom: Vox: Mancheno '13 On Orlando 6-23-2016, Luis F. Mancheno, Vox, Roger Williams University School Of Law

Life of the Law School (1993- )

No abstract provided.

Trending @ Rwu Law: Dean Yelnosky's Post: What The Tragedy In Orlando Means For Rwu Law 6/17/2016, Michael Yelnosky

Law School Blogs

No abstract provided.

Evaluation Of Iowa’S Anti-Bullying Law, Angela Onwuachi-Willig, Marizen Ramirez, Corinne Peek-Asa, Joseph Cavanaugh

Faculty Scholarship

Bullying is the most common form of youth aggression. Although 49 of all 50 states in the U.S. have an anti-bullying law in place to prevent bullying, little is known about the effectiveness of these laws. Our objective was to measure the effectiveness of Iowa’s anti-bullying law in preventing bullying and improving teacher response to bullying.

Legislating On Violence Against Women: A Critical Analysis Of Nigeria's Recent Violence Against Persons (Prohibition) Act, 2015, Cheluchi Onyemelukwe

DePaul Journal of Women, Gender and the Law

In many African countries, as in other countries around the world, women suffer violence on the basis of their gender. Unfortunately, many countries lack legislation that provide effective protections against gender-based violence. Evidence from Nigeria, including the passage of new legislation at federal and state levels, suggests some progress. How effective such laws will be is yet to be seen. This paper begins the process of investigating the potential for the effectiveness of these new laws by conducting an in-depth analysis of Nigeria’s recently enacted Violence Against Persons (Prohibition) Act, 2015. This examines the relevance of the Act and its …

Rape And Sexual Violence: Questionable Inevitability And Moral Responsibility In Armed Conflict, Katherine W. Bogen

Scholarly Undergraduate Research Journal at Clark (SURJ)

Wartime sexual violence is a critical human rights issue that usurps the autonomy of its victims as well as their physical and psychological safety. It occurs in both ethnic and non-ethnic wars, across geographic regions, against both men and women, and regardless of the “official” position of commanders, states, and armed groups on the use of rape as tactic of war. This problem is current, pervasive, and global in spite of the status of wartime sexual violence perpetration as a crime against humanity and the capacity of the international criminal court to indict offenders. Though some scholars have argued that …

Surprised By Sin: Human Rights And Universality, Tawia Baidoe Ansah

Tawia B. Ansah

International human rights law's claim to universality, at the level of normative formation, has been shaped by conceptions of the self over time. The metaphysical reconfigurations of the self, from the Enlightenment to the present, have marked the human rights narrative in particular ways. This essay will suggest that since World War II, a conception of the self within a narrative of rights has been replaced, or at least countermanded, by a conception of sacral evil, with profound implications for the normative claim to universality of the human rights discourse. The essay begins with a synoptic analysis of the rise …

Genocide And The Eroticization Of Death: Law, Violence, And Moral Purity, Tawia Baidoe Ansah

Tawia B. Ansah

In this article, I ask: What is the relationship between law and morality in response to mass violence and suffering abroad? How does law shape and determine our moral response to mass death and suffering? We repose in the law itself a desire to define the moral and the ethical parameters of legal-political action. Thus, when faced with mass violence and suffering abroad, law functions as a proxy for morality. The legal prohibition under the Genocide Convention defines morality, or cabins the variety of moral responses into a single and universally applicable ethical-legal norm of response to genocide. The moral …

Sovereignty, Identity, And The Apparatus Of Death, Tawia Baidoe Ansah

Tawia B. Ansah

Ten years after the genocide in Rwanda, the government issued broad new laws outlawing the use of ethnic categories, with a view to uniting all Rwandans under a single Rwandan identity. This self-erasure of ethnic identity is deployed primarily within the borders of the state, to enable reconciliation after the genocide in 1994. Outside the borders, the state deploys ethnic identity as one of the rationales for its cross-border wars (in the Democratic Republic of Congo).

A Terrible Purity: International Law, Morality, Religion, Exclusion, Tawia Ansah

Tawia B. Ansah

Explores the separations, constructions, & barriers between law & religion from both a secular & religious perspective. Maintaining boundaries between law & religion often results in the construction of the repudiated religious Other. Creation of a public/private divide is based on an exclusion that functions like what psychoanalysts call abjection. However, the abject (religion) is a latent source of creativity that remains outside the domain of the law but weakens it as the primary site of authority. Removing religion from the sidelines of public juridical dialogue reduces the constraining power of discourse & widens the states discretion. The failure of …

Men, Women, And Optimal Violence, Mary Anne Franks

Articles

While both men and women can, and do, use violence against each other, men's violence against women is far more common, less justified, and more destructive than women's violence against men. One of the reasons for this asymmetry is that men do not fear retaliation for violence against women, whereas women do fear retaliation for their use of violence against men. The distribution of violence between the genders, then, is suboptimal. Society would be better off as a whole if more women were willing to engage in justified violence against men, and fewer men were willing to engage in unjustified …

Salman, Salman, Tsos

TSOS Interview Gallery

Salman and his family are from Afghanistan, where he worked as a doctor. He worked for fifteen years for a mining institute, and before that he worked in various hospitals with Americans and Germans for another combined 15 years. The family ran into problems with the Taliban, who threatened violence if he didn’t close his drugstore. During that same time, his son witnessed a suicide bombing at his school. Their daughter was forced to abandon her education when the Taliban poisoned the water at her school. They fled in attempts to live a normal life again and escape the threats …

Bilal, Bilal, Tsos

TSOS Interview Gallery

Bilal was 23 years old when he drowned in Greece. He was cheerful, intelligent, and full of energy.

He was a journalist in Afghanistan who received a death threat from the Taliban. His family decided that he should flee the country alone for survival since they couldn’t afford for the whole family to go.

He escaped from the camp in Moria by finding a hole in the fence. He outran the police, found a ship in port, and jumped on it as it was leaving. He later had 10 unsuccessful attempts to leave Greece for Germany. He was caught by …

Emal, Emal, Tsos

TSOS Interview Gallery

Emal was a gate security guard in the Afghan army and a supplier for American forces at the airport. Before leaving Afghanistan, Emal was kidnapped by Daesh, beaten, thrown into a pile of bodies, and left for dead. He woke up weeks later in hospital with adent in his skull, brain damage, and mental/emotional problems. When he was able, Emal fled with his wife and six kids, but they travelled with smugglers in separate cars and got separated. Iran police deported his wife and children back to Afghanistan. Emal continued on and eventually made his way to Oinofyta refugee camp …

Idiris, Idiris, Tsos

TSOS Interview Gallery

Idiris is an 18-year-old Somalian refugee now living inUtah. He describes his life, mentioning that he only lived in Somalia for six years then moved to Ethiopia, where he stayed for seven and a half years.His life inEthiopia was peaceful and happy in comparison to Somalia, where Idiris and his family witnessed continuous violence. Idiris’s father eventually learned of the opportunities and education available in America and decided to move his family there for a better life, leaving behind family and friends. Coming to America, Idiris and his family did not know what their new home would be like. They …

Submission To Senate Has Asked The Legal And Constitutional Affairs References Committee 'Inquiry Into The Need For A Nationally-Consistent Approach To Alcohol-Fuelled Violence', Julia Quilter, Luke Mcnamara

Faculty of Law, Humanities and the Arts - Papers (Archive)

No abstract provided.

Breaking The Silence: The Veterinarian’S Duty To Report, Martine Lachance

Animal Sentience

Animals, like children and disabled elders, are not only the subjects of abuse, but they are unable to report and protect themselves from it. Veterinarians, like human physicians, are often the ones to become aware of the abuse and the only ones in a position to report it when their human clients are unwilling to do so. This creates a conflict between professional confidentiality to the client and the duty to protect the victim and facilitate prosecution when the law has been broken. I accordingly recommend that veterinarian associations make reporting of abuse mandatory.

Securing Child Rights In Time Of Conflict, Diane Marie Amann

Scholarly Works

Each term in the title of this essay seems simple, yet provides much food for analytical thought. The essay thus explores: what is “conflict,” and whether there is a “time” when it is not present; who is a “child”; whether and to what extent children enjoy “rights”; and, finally, how local, national, and international regimes go about “securing” those rights. The essay – based on a talk given at the 2015 International Law Weekend in New York – concludes with a glance at a new potential avenue for child security: the Sustainable Development Goals which the U.N. General Assembly adopted …