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A Feminist Framing Of Non-Consensual Pornography, Claire P. Donohue Feb 2018

A Feminist Framing Of Non-Consensual Pornography, Claire P. Donohue

Boston College Law School Faculty Papers

No abstract provided.


Rape By Malice, Kari E. Hong Jan 2017

Rape By Malice, Kari E. Hong

Boston College Law School Faculty Papers

When people seek to reform rape law, the focus is on changing the actus reus—either abandoning the force element or redefining consent. This article argues that both approaches overlook a critical opportunity for reform, which is the crime’s mens rea. Knowledge, or general intent, is the most common mens rea in rape offenses. The problem with this mental state is that proving what a defendant knew is one of the hardest parts of any criminal prosecution. Although scholars have explored reckless or negligent standards, this article proposes that states adopt the mens rea of malice—a callous indifference ...


Unintended Consequences: Addressing The Impact Of Domestic Violence Mandatory And Pro-Arrest Policies And Practices On Girls And Young Women, Francine Sherman Jun 2016

Unintended Consequences: Addressing The Impact Of Domestic Violence Mandatory And Pro-Arrest Policies And Practices On Girls And Young Women, Francine Sherman

Boston College Law School Faculty Papers

The OJJDP-funded National Girls Initiative and the Office on Violence Against Women (OVW) convened a roundtable of advocates to discuss the unintended consequences of mandatory and pro-arrest policies for domestic violence on girls and young women. Out of that convening arose this summary report, Unintended Consequences: Addressing the Impact of Domestic Violence Mandatory and Pro-Arrest Policies and Practices on Girls and Young Women. Our hope is that this summary report fuels a conversation about the unintended consequences and impact of mandatory and pro-arrest domestic violence policies on girls, young women, and women, as well as the disproportionate impact on communities ...


Gender Injustice: System-Level Juvenile Justice Reforms For Girls, Francine Sherman, Annie Balck Sep 2015

Gender Injustice: System-Level Juvenile Justice Reforms For Girls, Francine Sherman, Annie Balck

Boston College Law School Faculty Papers

Despite decades of attention, the proportion of girls in the juvenile justice system has increased and their challenges have remained remarkably consistent, resulting in deeply rooted systemic gender injustice. The literature is clear that girls in the justice system have experienced abuse, violence, adversity, and deprivation across many of the domains of their lives—family, peers, intimate partners, and community. There is also increasing understanding of the sorts of programs helpful to these girls. What is missing is a focus on how systems—and particularly juvenile justice systems—can be redesigned to protect public safety and support the healing and ...


Microaggressions In The Context Of An Academic Community, Catharine P. Wells Sep 2013

Microaggressions In The Context Of An Academic Community, Catharine P. Wells

Boston College Law School Faculty Papers

There has been much discussion of the concept of microaggressions in the legal literature. These are statements made by members of a dominant group that serve to denigrate, delegitimate or insult minority members of the community. Often they are unintended and unnoticed by members of the dominant group. This article analyzes such statements in order to show 1)that they are not a simple matter of personal insult but that they work strategically to disempower minority members; 2)that their dual nature -- invisibility to one group and offence to the other -- serves to destabilize and polarize the community itself.


Justice For Girls: Are We Making Progress?, Francine Sherman Jul 2013

Justice For Girls: Are We Making Progress?, Francine Sherman

Boston College Law School Faculty Papers

Social expectations that girls behave obediently, modestly, and cautiously result in the detention and incarceration of girls who fight back at home or in intimate relationships and who are victims of sexual exploitation. The structural discrimination that supports detaining and incarcerating girls for violating these norms is both hard to see and hard to challenge. It is often hidden behind outward good will toward girls and legitimate expressions of concern for their vulnerability and possible victimization; and it is facilitated by the many opportunities for multifactored, "best interests" -based discretionary decisions built into the juvenile justice and child welfare systems ...


Making Detention Reform Work For Girls: A Guide To Juvenile Detention Reform, Francine Sherman, Richard A. Mendel, Angela Irvine Apr 2013

Making Detention Reform Work For Girls: A Guide To Juvenile Detention Reform, Francine Sherman, Richard A. Mendel, Angela Irvine

Boston College Law School Faculty Papers

Throughout the nation, court-involved girls frequently pose minimal risk to public safety but suffer with significant social service needs. Data on detention utilization show that girls are being disproportionately detained for misdemeanors, status offenses and technical violations of probation and parole. In short, many girls enter detention for the wrong reasons and many remain in detention for extended periods harmful to them and contrary to best practice.

This practice guide responds to a call from both mature and new sites from within the Juvenile Detention Alternatives Initiative (JDAI) network, which continue to find that effectively serving and supervising girls is ...


Justice For Girls: Are We Making Progress?, Francine Sherman Aug 2012

Justice For Girls: Are We Making Progress?, Francine Sherman

Boston College Law School Faculty Papers

From the introduction:

Social expectations that girls behave obediently, modestly, and cautiously have been remarkably durable over more than one hundred years of juvenile justice in the United States, and throughout that time these expectations have masked structural gender discrimination. At the turn of the twentieth century, these expectations were behind the proliferation of training schools for immigrant girls who were perceived to be immoral and in need of guidance that would enable them to marry and to become responsible mothers. In the mid– and late twentieth century, these expectations supported detention and incarceration of girls for status offenses, for ...


The Measure Of Injury: Race, Gender And Tort Law, Catharine P. Wells Jan 2012

The Measure Of Injury: Race, Gender And Tort Law, Catharine P. Wells

Boston College Law School Faculty Papers

No abstract provided.


Meeting The Challenges Faced By Girls In The Juvenile Justice System: Testimony Before The Healthy Families And Communities Subcommittee Of The U.S. House Of Representatives Education And Labor Committee, Francine Sherman Mar 2010

Meeting The Challenges Faced By Girls In The Juvenile Justice System: Testimony Before The Healthy Families And Communities Subcommittee Of The U.S. House Of Representatives Education And Labor Committee, Francine Sherman

Boston College Law School Faculty Papers

Testimony by Francine T. Sherman, Clinical Professor and Director, Juvenile Rights Advocacy Project at Boston College Law School before the Healthy Families and Communities Subcommittee of the U.S. House of Representatives Education and Labor Committee, on March 11, 2010, at 10:00 AM. More information about the hearing, including an archived webcast, is available at http://edworkforce.house.gov/calendar/eventsingle.aspx?EventID=193429.


Massachusetts Health Passport Project Evaluation Final Report, Francine Jacobs, Rachel Oliveri, Jessica Greenstone, Claudia Miranda-Julian Jul 2009

Massachusetts Health Passport Project Evaluation Final Report, Francine Jacobs, Rachel Oliveri, Jessica Greenstone, Claudia Miranda-Julian

Boston College Law School Faculty Papers

Adapted from the Executive Summary:

The Massachusetts Health Passport Project (MHPP) began in April 2004, as a pilot program of the Juvenile Rights Advocacy Project at Boston College Law School under the direction of Francine Sherman, Esq. The program was originally called the Girls’ Health Passport Project (GHPP) and was designed to address the unmet health needs and gaps in health care services for girls committed to the Massachusetts Department of Youth Services (DYS) and re-entering their communities from DYS assessment and treatment facilities. An advisory board of health, juvenile justice, philanthropy, and evaluation professionals assisted the program in its ...


Hidden In Plain Sight: Achieving More Just Results In Hostile Work Environment Sexual Harassment Cases By Re-Examining Supreme Court Precedent, Elisabeth A. Keller, Judith B. Tracy Aug 2007

Hidden In Plain Sight: Achieving More Just Results In Hostile Work Environment Sexual Harassment Cases By Re-Examining Supreme Court Precedent, Elisabeth A. Keller, Judith B. Tracy

Boston College Law School Faculty Papers

Lower federal courts often fail to provide plaintiffs in sexual harassment cases the relief intended by Title VII of the Civil Rights of 1964 and mandated by the Supreme Court when it recognized the cause of action twenty years ago. There is little doubt that sexual harassment in the workplace persists. However, lower courts misapply or ignore Supreme Court reasoning that would result in fairer and more consistent dispositions in hostile work environment sexual harassment cases. This article draws directly on reasoning from the Supreme Court cases to explain the sources of the confusion in the lower courts and offers ...


Reconsidering Spousal Privileges After Crawford, R. Michael Cassidy Nov 2006

Reconsidering Spousal Privileges After Crawford, R. Michael Cassidy

Boston College Law School Faculty Papers

In this article the author explores how domestic violence prevention efforts have been adversely impacted by the Supreme Court’s new “testimonial” approach to the confrontation clause. Examining the Court’s trilogy of cases from Crawford to Davis and Hammon, the author argues that the introduction of certain forms of hearsay in criminal cases has been drastically limited by the court’s new originalist approach to the Sixth Amendment. The author explains how state spousal privilege statutes often present a significant barrier to obtaining live testimony from victims of domestic violence. The author then argues that state legislatures should reconsider ...


Summers Of Our Discontent, Phyllis Goldfarb Apr 2005

Summers Of Our Discontent, Phyllis Goldfarb

Boston College Law School Faculty Papers

This essay analyzes the transcript of Lawrence Summers' remarks to the January 14 Conference on Diversifying the Science and Engineering Workforce. The purpose of a close textual analysis is to develop understanding of the firestorm unleashed by Summers' remarks. Which aspects of his remarks were so incendiary and what can be learned from them? In particular, the essay explores possible sources of Summers' stated hypotheses about gender differences that contribute to women's underrepresentation in certain fields. It also explores the material consequences of these hypotheses in women's lives to highlight the interconnection between such beliefs and discriminatory behavior ...


Intimacy And Injury: How Law Has Changed For Battered Women, Phyllis Goldfarb Sep 2004

Intimacy And Injury: How Law Has Changed For Battered Women, Phyllis Goldfarb

Boston College Law School Faculty Papers

In a book focused on the intersection of law and psychology in women's lives, this chapter reviews the evolving law of domestic violence, examining the features of the legal landscape that have changed in the past three decades for those who have experienced violence in intimate relationships. The chapter considers the legal development of interventions such as civil protection orders, civil lawsuits, mandatory arrest and no-drop prosecution policies, the conception of crimes such as restraining order violations and stalking, and the potential use of alternative forms of dispute resolution. Changes in the law of self-defense as applied to intimate ...


Review Of ""The Penalty Is Death:" U.S. Newspaper Coverage Of Women's Executions" By Marlin Shipman., Phyllis Goldfarb Aug 2004

Review Of ""The Penalty Is Death:" U.S. Newspaper Coverage Of Women's Executions" By Marlin Shipman., Phyllis Goldfarb

Boston College Law School Faculty Papers

No abstract provided.


Reinventing Holmes: The Hidden, Inner, Life Of A Cynical, Ambitious, Detached, And Facsistic Old Judge Without Values, Catharine P. Wells Jan 2002

Reinventing Holmes: The Hidden, Inner, Life Of A Cynical, Ambitious, Detached, And Facsistic Old Judge Without Values, Catharine P. Wells

Boston College Law School Faculty Papers

No abstract provided.


The Perils Of Race And Gender In A World Of Legal Abstraction, Catharine P. Wells Jan 2000

The Perils Of Race And Gender In A World Of Legal Abstraction, Catharine P. Wells

Boston College Law School Faculty Papers

From the introduction:

On my desk at school is a picture of Stephanie Wildman and me and our shared friend, Trina Grillo. It was taken at Stephanie's house several months before Trina died. The picture is there to remind me of who I am-both inside and outside the classroom. As an individual, my experience and judgment are profoundly affected by my own particular set of needs, desires, and aspirations. Yet, despite my normally clear understanding of this particular truth, I often find myself becoming someone else when I enter the classroom. I forget that I am an individual person ...


Adoption Laws And Practices In 2000: Serving Whose Interests?, Ruth-Arlene W. Howe Jan 2000

Adoption Laws And Practices In 2000: Serving Whose Interests?, Ruth-Arlene W. Howe

Boston College Law School Faculty Papers

After enactment of the first modern state adoption statute in 1851, adoption in the United States evolved as both a state judicial process and a specialized child welfare service to promote the best interest of children in need of permanent homes. This essay reviews developments during the last quarter of the century that force us to ask whether U.S. adoption is meeting the needs of children, its original child welfare intent, or serving the interests of adults.


Marriage As Partnership, Sanford N. Katz Jul 1998

Marriage As Partnership, Sanford N. Katz

Boston College Law School Faculty Papers

In this essay honoring Professor Mary Ann Glendon, the author discusses the contract of partnerships concept of marriage as it applies to antenuptial agreements, cohabitation contracts, and property settlement agreements, the three contexts about which Professor Glendon has written in her books The New Family and the New Property (1981) and The Transformation of Family Law (1996).


Old Fashioned Postmodernism And The Legal Theories Of Oliver Wendell Holmes, Jr., Catharine P. Wells Jan 1997

Old Fashioned Postmodernism And The Legal Theories Of Oliver Wendell Holmes, Jr., Catharine P. Wells

Boston College Law School Faculty Papers

No abstract provided.


Transracial Adoption (Tra): Old Prejudices And Discrimination Float Under A New Halo, Ruth-Arlene W. Howe Jan 1997

Transracial Adoption (Tra): Old Prejudices And Discrimination Float Under A New Halo, Ruth-Arlene W. Howe

Boston College Law School Faculty Papers

The primary aim of this article is to place the late twentieth century Transracial Adoption (TRA) of African-American children accurately within the context of the child welfare system milieu out of which it emerged. It also endeavors to provide thoughtful scholars and child advocates a new lens with which to assess the past purpose, function, and efficacy of TRA. The author hopes that through these considerations more careful regulation and monitoring of future TRA placements will emerge, which will both protect the interests of the African-American adoptee and respect the African-American community.


Describing Without Circumscribing: Questioning The Construction Of Gender In The Discourse Of Intimate Violence, Phyllis Goldfarb Mar 1996

Describing Without Circumscribing: Questioning The Construction Of Gender In The Discourse Of Intimate Violence, Phyllis Goldfarb

Boston College Law School Faculty Papers

In this Article, Professor Goldfarb examines the construction of gender roles in the discourse on intimate violence. The Article argues that this discourse assumes that male violence against female intimates represents the problems of battering in its entirety. In doing so, the discourse renders invisible the battering that occurs outside this discourse, most notably battering within same-sex relationships. The Article focuses on how the gender assumptions in the domestic violence discourse affected the representation of the Framingham Eight, a group of women who killed their batterers and were incarcerated in the women’s prison in Framingham, Massachusetts. These women petitioned ...


Redefining The Transracial Adoption Controversy, Ruth-Arlene W. Howe Jan 1995

Redefining The Transracial Adoption Controversy, Ruth-Arlene W. Howe

Boston College Law School Faculty Papers

Transracial adoption is a highly sensitive topic, evoking intense debate between those who consider transracial placements positive for children and society, and those who consider them injurious to Black children and the Black community. The author explores this debate while asserting that the key to successful living as a minority person in a discriminating, denigrating society is to have positive affiliations with others like oneself. Thus, to promote and protect a child’s “best interests,” race is an important factor to be considered when evaluating the appropriateness of prospective adoptive parents. The Essay considers whose interests would actually be served ...


Pragmatism, Feminism, And The Problem Of Bad Coherence, Catharine P. Wells Jan 1995

Pragmatism, Feminism, And The Problem Of Bad Coherence, Catharine P. Wells

Boston College Law School Faculty Papers

In this Article, Professor Wells reviews Professor Margaret Jane Radin’s book, Reinterpreting Property. Professor Wells considers Radin’s work a rich repository of original insight, lucid analysis, and sharp debate and particularly appreciates the substantive introduction to the book, which analyses Radin’s ten-year project on property law in terms of the insights and methodological commitments of philosophical pragmatism. Professor Wells explores the contribution of Radin’s pragmatism to ongoing questions about the role of law in achieving social transformation and organizes her comments around the nature of Radin’s pragmatism, its connection to her feminism and what Radin ...


A Theory-Practice Spiral: The Ethics Of Feminism And Clinical Education, Phyllis Goldfarb Jun 1990

A Theory-Practice Spiral: The Ethics Of Feminism And Clinical Education, Phyllis Goldfarb

Boston College Law School Faculty Papers

Should law school classes cultivate professional skills or should they advance a broad intellectual agenda? This Article examines the relationship between theory and practice from the standpoint of two movements within law’s academy: clinical education and feminist jurisprudence. Although the former is often thought of as a practical movement and the latter a theoretical movement, the Author’s intention is to demonstrate the fundamental methodological similarity of the two movements, and hence, the problematic nature of the theory-practice label. This Article also examines the ethical impulse that sparks clinical education and feminism, suggesting that each movement’s perceptions of ...


Consensual Amorous Relationships Between Faculty And Students: The Constitutional Right To Privacy, Elisabeth A. Keller Jun 1988

Consensual Amorous Relationships Between Faculty And Students: The Constitutional Right To Privacy, Elisabeth A. Keller

Boston College Law School Faculty Papers

Surveys of college students in the United States revealed that a significant number of students thought they had been victims of some form of sexual harassment. Growing awareness of the magnitude, dimensions, and effects of sexual harassment at educational institutions and the potential for institutional liability have prompted educators to adopt policies to avert such problems. The policies typically prohibit sexual harassment of employees and students and alert the university community to the serious effects of sexual harassment and the potential for student exploitation. Some universities have gone beyond establishing regulations directed at widely litigated problems of sexual harassment and ...


Kingsfield And Kennedy: Reappraising The Male Models Of Law School Teaching, Catharine P. Wells Jan 1988

Kingsfield And Kennedy: Reappraising The Male Models Of Law School Teaching, Catharine P. Wells

Boston College Law School Faculty Papers

From the introduction:

Many of us have struggled with the difficult and complex question of how best to teach our students. On one level, we ask: What are the best ways to convey information and skills to our students? How can we do it effectively in classes of fifty, eighty, one hundred, or more? On another level, we ask: What do our students need to know in order to become good lawyers? On yet a deeper level, the issue is political. Do we as women teachers make law school productive and rewarding for our women students? Do we promote nonsexist ...


Is Gender Justice A Completed Agenda?, Catharine P. Wells Jan 1987

Is Gender Justice A Completed Agenda?, Catharine P. Wells

Boston College Law School Faculty Papers

From the introduction:

The central argument of The Feminization of America is somewhat surprising and strangely compelling. Lenz and Myerhoff argue that women largely have won their struggle to enter the public sphere of American life and that, in the process, they have transformed both public and private spheres in ways that have produced more egalitarian relationships and greater human happiness. Because this transformation is nearing completion, the authors argue, we should put aside the feminist injunction to put women first; we should get, in their phrase, "beyond feminism" (p. 226). If their argument is correct, it has significant legal ...


Is Gender Justice A Completed Agenda? Review Of The Feminization Of America: How Women's Values Are Changing Our Public And Private Lives By Elinor Lenz And Barbara Meyerhoff. Los Angeles, Ca: Jeremy P. Tarcher, Inc., 1985., Catharine P. Wells Jan 1987

Is Gender Justice A Completed Agenda? Review Of The Feminization Of America: How Women's Values Are Changing Our Public And Private Lives By Elinor Lenz And Barbara Meyerhoff. Los Angeles, Ca: Jeremy P. Tarcher, Inc., 1985., Catharine P. Wells

Boston College Law School Faculty Papers

No abstract provided.