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Articles 1 - 8 of 8

Full-Text Articles in Law

Doug Kahn - A Personal Appreciation, Patricia D. White Apr 2016

Doug Kahn - A Personal Appreciation, Patricia D. White

Articles

No abstract provided.


Men, Women, And Optimal Violence, Mary Anne Franks Jan 2016

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 …


Ready, Fire, Aim: How Universities Are Failing The Constitution In Sexual Assault Cases, Tamara Rice Lave Jan 2016

Ready, Fire, Aim: How Universities Are Failing The Constitution In Sexual Assault Cases, Tamara Rice Lave

Articles

This Article looks critically at the procedural protections American universities give students accused of sexual assault. It begins by situating these policies historically, providing background to Title IX and the different guidelines promulgated by the Department of Education. Next, it presents original research on the procedural protections provided by the fifty flagship state universities. In October 2014, university administrators were contacted and asked a series of questions about the rights afforded to students, including the standard of proof right to an adjudicatory hearing, right to confront and cross examine witnesses, right to counsel, right to silence, and right to appeal. …


Crime Logic, Campus Sexual Assault, And Restorative Justice, Donna Coker Jan 2016

Crime Logic, Campus Sexual Assault, And Restorative Justice, Donna Coker

Articles

No abstract provided.


Rebellious Pedagogy And Practice, Anthony V. Alfieri Jan 2016

Rebellious Pedagogy And Practice, Anthony V. Alfieri

Articles

Gerald Lopez's ground breaking book, Rebellious Lawyering: One Chicano's Vision of Progressive Law Practice, introduced new critical pathways and perspectives for clinical educators to better understand and enhance their advocacy, teaching, and scholarship. Indeed, Lopez's interdisciplinary investigation of the local, sociocultural context of the lawyering process produced a marked shift in both the pedagogy and the practice of public interest law, particularly civil rights and poverty law. A quarter century after its publication, Rebellious Lawyering stands out not only for its contextual critique of lawyering theory and practice, but also for its multifaceted integration of law, cultural studies, race …


Modernist Forms Of Thinking And Their Critics In Mid-Twentieth Century America (Book Review), Kunal Parker Jan 2016

Modernist Forms Of Thinking And Their Critics In Mid-Twentieth Century America (Book Review), Kunal Parker

Articles

No abstract provided.


The Prosecutor's Duty To "Imperfect" Rape Victims, Tamara Rice Lave Jan 2016

The Prosecutor's Duty To "Imperfect" Rape Victims, Tamara Rice Lave

Articles

No abstract provided.


"Immigrants Are Not Criminals": Respectability, Immigration Reform, And Hyperincarceration, Rebecca Sharpless Jan 2016

"Immigrants Are Not Criminals": Respectability, Immigration Reform, And Hyperincarceration, Rebecca Sharpless

Articles

Mainstream pro-immigrant law reformers advocate for better treatment of immigrants by invoking a contrast with people convicted of a crime. This Article details the harms and limitations of a conceptual framework for immigration reform that draws its narrative force from a contrast with people-citizens and noncitizens-who have been convicted of a criminal offense and proposes an alternate approach that better aligns with racial and class critiques of the U.S. criminal justice system. Noncitizens with a criminal record are overwhelmingly low-income people of color. While some have been in the United States for a short period of time, many have resided …