Law Commons^™

Facing The Music: How The Face Act Harms, Rather Than Helps, The Post-Dobbs Abortion Movement, Kyriaki "Kiki" Council

University of Colorado Law Review

No abstract provided.

The Violation Of Transgender Prisoners: The Violent Impact Of Gender Discrimination Experienced By Incarcerated Trans People In The United States Of America, Brooklyn Jennings Mx.

Access*: Interdisciplinary Journal of Student Research and Scholarship

U.S prison reform policies such as the Prison Rape Elimination Act pacify the government and the public into believing that prisons are a less harmful place for vulnerable inmates. However, thousands of transgender inmates in the United States experience extraordinary rates of violence and discrimination for their gender identity. There are difficulties in determining exact statistics of gender-based incidents of assault due to dueling structures of legal power and questionable support from prison authorities. However, from available information, trans inmates report dehumanizing prison environments that severely impact their wellbeing. This literature draws upon the current status of incarcerated trans inmates’ …

Book Discussion - Elections, Violence And Transitional Justice In Africa, Elias Opongo, Tim Murithi

The Journal of Social Encounters

No abstract provided.

Divorcing Guns: How Family Law Could Change Parental Gun Ownership And Save Kids’ Lives, Marcia A. Zug

Washington and Lee Law Review Online

Guns are deadly. They are especially deadly for children yet, currently, parental gun ownership is not a major factor in custody disputes. This needs to change. Making irresponsible gun ownership a routine factor in custody cases could transform parental gun behavior. In other contexts, the potential loss of custody has proven to be an extremely strong deterrent. Moreover, unlike other proposed solutions to gun fatalities, this is a change that can be made right now. Making guns a part of custody disputes does not require the enactment of new legislation or even a judicial determination. By simply raising the issue …

Three Strong Women, By Marie Ndiaye: The Grace Of Resilience, Carole Auroy

BAU Journal - Society, Culture and Human Behavior

By taking "three strong women" as heroines, Marie NDiaye brings out the paradoxical strength of characters caught up in the destructive mechanisms of stories with uncertain endings. We perceive in these women the models of a resilience whose restorative grace is inscribed the intersubjective relations of which they are the hearths. This hypothesis invites us to observe how these relationships, threatened by an alienating confusion, get out of it, but also to locate the opaque zones of the narratives which designate the fragility of the process. Resilience could be the faculty of escaping from the dead life, that which makes …

The Social Obstacles In Richard Wright’S Black Boy (1945) Novel: Acritical Analysis, Mutaz Tarik Shakir

Journal of STEPS for Humanities and Social Sciences

Since the mid-1920s, the fundamental concern of American writers has been the phenomenon of deceit and reality and the struggle for self-definition as members of society. Black people in the United States have struggled to implement racial equality among members of society, especially after the declaration of their country's independence. Many achievements have been made in many areas over the last few decades, but the problem of ethnic conflict has not been completely resolved. The novel demonstrated blind fanaticism in the South and its negative effects on society. The Numerous difficulties in Wright's family life are directly or indirectly the …

Fanon, Colonial Violence, And Racist Language In Federal American Indian Law, Joubin Khazaie

University of Miami Race & Social Justice Law Review

This Comment will argue that the racist language enshrined in foundational Supreme Court decisions involving Native tribes continuously enacts a form of colonial violence that seeks to preserve a white racial dictatorship. The paper will use Frantz Fanon’s scholarship on colonial violence and the dehumanization of Indigenous people as a framework to understand the history of legalized racism against Indigenous people in the United States. Fanon’s analysis allows us to understand how language is used to dehumanize Native people in order to establish a system of hierarchy that informs the societal roles of the colonizer and the colonized. The paper …

Pretrial Release In Domestic Violence Cases: How States Handle The Notoriously Private Crime, Jacquelyn Sicilia

Saint Louis University Law Journal

Domestic violence has plagued society for years. However, until 1994, domestic violence was not federally criminalized. Today, domestic violence affects over ten million Americans per year. Because of the criminal justice system’s slow reaction to domestic violence, how the criminal justice system handles domestic violence cases is far from ideal. Pretrial release in domestic violence cases is one area of domestic violence that is ripe for research, guidance, and change. Pretrial release brings to light a unique balance; defendants are presumed to be innocent, but at the same time, the fact of arrest may point to an ongoing risk of …

How The First Paragraph Of Violence And The Word Killed The Law As Literature Movement, Brett G. Scharffs

Touro Law Review

No abstract provided.

Fear, Loathing, And The Hemispheric Consequences Of Xenophobic Hate, Ernesto Sagás, Ediberto Román

University of Miami International and Comparative Law Review

“When you have fifteen thousand people marching up . . . how do you stop these people?” “You shoot them” [crowd member shouts] [chuckling, Trump responds:] “[O]nly in the Panhandle can you get away with that thing.”¹
President Donald Trump

“Thousands of criminal aliens. They’re pouring into our country.”²
President Donald Trump

“They’re not people, these are animals.”³
President Donald Trump

“Take a look at the death and destruction that’s been caused by people coming into this country caused by people that shouldn’t be here.”⁴
President Donald Trump

“ [We] have millions and millions of people …

Restorative Federal Criminal Procedure, Leo T. Sorokin, Jeffrey S. Stein

Michigan Law Review

A Review of Until We Reckon: Violence, Mass Incarceration, and a Road to Repair. by Danielle Sered.

Terrorism The Phenomenon That Has No Common Consent On Its Definition, Mohamed Hasan Alqassimi

UAEU Law Journal

Recently, the world has witnessed arbitrary acts of terrorism and violence carried out by various individuals and/or organizations. The significance of studying terrorism - whatever the focus in such a potential study is - lies in that numerous international legal principles that are firmly established in international treaties or conventions have now become subject to controversy or - at least - have lost their practical value owing to different reactions vis - à - vis this phenomenon.

Undoubtedly, many studies have explored the phenomenon of terrorism in order to decipher the main motives behind its spread and to furnish relevant, …

Welcome To The New Dignity, Donna M. Hughes

Dignity: A Journal of Analysis of Exploitation and Violence

No abstract provided.

Offense Of Thuggery In The Egyptian Penal Code, Rami Metwally Al-Qadi

UAEU Law Journal

Egyptian legislature takes attention of criminalizing the act of terrorizing and intimidating citizens, which is known as bullying or thuggery offense.

Crime represents an assault on the human right to security.

In addition, to confront a serious phenomenon that Egyptians suffered from it lately.

The bullying is a crime of the Egyptian Penal Code that aimed at the confrontation of the types of using the force and the threat of violence in order to intimidate the victim to harm him materially or morally or damage to his possessions, robbed his money, or get the benefit of him or influence in …

Sexual Exploitation Of Black Women From The Years 1619-2020, Dominique R. Wilson

Journal of Race, Gender, and Ethnicity

No abstract provided.

Murders In The German Sex Trade: 1920 To 2017, Manuela Schon, Anna Hoheide

Dignity: A Journal of Analysis of Exploitation and Violence

This research report is the result of collecting and evaluating data on cases of homicides and attempted homicides in the German sex trade from 1920-2017. The findings show violence against prostituted women and the attitudes of the sex buyers who commit most of the violent acts against the women. The report discusses the media coverage of murder cases, complication of cases, and a critique of methods of criminal evaluation by the police. From 1920 to 2017, 272 victims of murder and attempted murder were identified. Liberalization of prostitution occurred in 2002. From then until 2017, there is a decrease in …

A Page-Turner With A Social Conscience: Requiem For A Female Serial Killer By Phyllis Chesler, Paula J. Caplan

Dignity: A Journal of Analysis of Exploitation and Violence

No abstract provided.

Encountering Jonah With Jewish Eyes And Finding Justice In The Belly Of A Whale, Randy Lee

Touro Law Review

No abstract provided.

Deplatformed: Social Network Censorship, The First Amendment, And The Argument To Amend Section 230 Of The Communications Decency Act, John A. Lonigro

Touro Law Review

No abstract provided.

Forced Pregnancy And Gender Based Violence In Latin America, Miranda Carnes

Human Rights Brief

No abstract provided.

Gender Violence And The Human Rights Of Women In Cuba, Leila Hamouie

Human Rights Brief

No abstract provided.

U.S. Race Relations And Foreign Policy, Susan D. Page

Michigan Journal of Race and Law

It is easy for Americans to think that the world’s most egregious human rights abuses happen in other countries. In reality, our history is plagued by injustices, and our present reality is still stained by racism and inequality. While the Michigan Journal of International Law usually publishes only pieces with a global focus, we felt it prudent in these critically important times not to shy away from the problems facing our own country. We must understand our own history before we can strive to form a better union, whether the union be the United States or the United Nations. Ambassador …

The Deliberate Indifference Standard: A Broken Promise To Protect And Serve The Mentally Ill, Katherine R. Carroll

Touro Law Review

No abstract provided.

Violence Against Woman With Motor And Sensory Disability In The Jordanian Society (Quantitative Field Study), Hadeel Abu Hayyana

Journal of the Arab American University مجلة الجامعة العربية الامريكية للبحوث

This study aims at investigating the reality of violence against women with disabilities in its different types and forms (family violence, societal violence, self-violence), as well as the psychological and social effects of that violence, in addition to the responses of women with disabilities to the violence practiced against them.

In order to achieve the study goals, the researcher adopted the quantitative research method, which was applied to a sample of women consisting of (102) women with motor and sensory disability, who benefit from the services of societies and centers specialized in their disabilities, in the city of Amman by …

Dirty Johns: Prosecuting Prostituted Women In Pennsylvania And The Need For Reform, Mckay Lewis

Dickinson Law Review (2017-Present)

Prostitution is as old as human civilization itself. Throughout history, public attitudes toward prostituted women have varied greatly. But adverse consequences of the practice—usually imposed by men purchasing sexual services—have continuously been present. Prostituted women have regularly been subject to violence, discrimination, and indifference from their clients, the general public, and even law enforcement and judicial officers.

Jurisdictions can choose to adopt one of three general approaches to prostitution regulation: (1) criminalization; (2) legalization/ decriminalization; or (3) a hybrid approach known as the Nordic Model. Criminalization regimes are regularly associated with disparate treatment between prostituted women and their clients, high …

L’Enjeu De L’Écriture Dans Mer Méditerranée De Louis-Philippe Dalembert: Dénonciation Ou Mise En Garde?, Nadia N. Iskandarani

BAU Journal - Society, Culture and Human Behavior

Louis-Philippe Dalembert, a Mauritian writer, published in 2019 his novel Mur Méditerranée that sheds the light on an actual issue: the migration crisis. To write this novel, the author was inspired by a real event that occurred in July 2014: the rescue story of illegal migrants by the Danish oil tanker Torm Lotte. In his novel, Louis-Philippe Dalembert portrays three women: Sembar Eritrean, Chochana the Nigerian, and Dima the Syrian; each of them flees the violence that rages in her country and throws herself into a ship that crosses the Mediterranean and leads migrants to Europe. Dalembert, deeply touched by …

America's Newest Boogeyman For Deviant Teen Behavior: Violent Video Games And The First Amendment, Joseph C. Alfe, Grant D. Talabay

Pace Intellectual Property, Sports & Entertainment Law Forum

Are violent video games harming America’s youth? Is it possible a series of interconnected circuit boards can influence children (or even adults) to become, themselves, violent? If so, how should our society-- and government-- respond?

To properly answer this last query, violent video games must be viewed through the lens of the First Amendment. Simply put: do games depicting grotesque acts of depravity so profound as to negatively influence the psyche warrant the full constitutional protections ordinarily guaranteed under the mantle of free speech and expression? Are these guarantees without limit? If not, how far may the government go in …

Toward Trauma-Informed Professional Practices: What Legal Advocates And Journalists Can Learn From Each Other And Survivors Of Human Trafficking, Kirsten Foot Ph.D.

Georgia State University Law Review

Developments in the fields of law and journalism during the last two decades have led to greater awareness of the need for trauma-informed practices vis-à-vis survivors of violence, and correspondingly, the emergence of pedagogical resources for legal advocates and journalists. Due to traditional disciplinary silos, extant resources on trauma-informed practices in each field have been authored in relative isolation from each other, i.e., guides for legal advocates have been blind to guides for journalists and vice versa. This Article demonstrates that despite the obvious differences between lawyering and journalism, professionals in these two fields share some of the same aims …

Considerations Of History And Purpose In Constitutional Borrowing, Robert L. Tsai

William & Mary Bill of Rights Journal

No abstract provided.

The Importance Of Doctor Liability In Medical Malpractice Law: China Versus The United States, Vincent R. Johnson

St. Mary's Journal on Legal Malpractice & Ethics

Medical malpractice law in China does not work. Disappointed patients and their families, or the gangs they hire, frequently resort to physical violence, beating up doctors and disrupting hospital activities in order to extort settlements. This happens because Chinese law has failed to provide viable remedies to many victims of medical malpractice.

This dysfunctional situation (medical chaos or yinao) has persisted for more than two decades. Today, parents in China discourage their children from attending medical school because practicing medicine is too dangerous.

Reforming Chinese medical malpractice law will be difficult. Many factors contribute to the public’s lack of confidence …