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Full-Text Articles in Law

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 ...


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.


Criminalizing Revenge Porn, Danielle Keats Citron, Mary Anne Franks Jan 2014

Criminalizing Revenge Porn, Danielle Keats Citron, Mary Anne Franks

Articles

No abstract provided.


I Am/I Am Not: On Angela Harris's Race And Essentialism In Feminist Legal Theory, Mary Anne Franks Jan 2014

I Am/I Am Not: On Angela Harris's Race And Essentialism In Feminist Legal Theory, Mary Anne Franks

Articles

In 1990, Angela Harris wrote an article that interrogated the limitations of feminist legal theory. Nearly a quarter of a century later, the insights and challenges Harris offered in Race and Essentialism in Feminist Legal Theory continue to reverberate. The influence of her ideas can be seen in the fractured and passionate conversations about gender, race, and solidarity occurring both inside and outside of academia. In recent years, we have witnessed an explosion of debate of these topics in social media forums such as Twitter and Facebook. Far from being trivial, the intensity and persistence of these conversations suggest a ...


Roll Back "Prison Nation", Donna Coker Jan 2014

Roll Back "Prison Nation", Donna Coker

Articles

No abstract provided.


How To Feel Like A Woman, Or Why Punishment Is A Drag, Mary Anne Franks Jan 2014

How To Feel Like A Woman, Or Why Punishment Is A Drag, Mary Anne Franks

Articles

If a man in prison says that he was made -to feel like a woman," this is commonly understood to mean that he was degraded, dehumanized, and sexualized. This association of femininity with punishment has significant implications for the way our society understands not only the sexual abuse of men in prison but also sexual abuse generally These important implications are usually overlooked, however, because law and society typically regard prison feminization as a problem of gender transposition: that is, as a problem of men being treated like women. In contrast, this Article argues that feminization is punitive for both ...


Sexual Harassment 2.0, Mary Anne Franks Jan 2012

Sexual Harassment 2.0, Mary Anne Franks

Articles

Sexual harassment is a complex and evolving practice. The rise of sexual discrimination in cyberspace is only one of the most recent and most striking examples of the phenomenon's increasing complexity. Sexual harassment law, however, has not kept pace with this evolution. Discrimination law has not been adequately "updated" to address new and amplified practices of sex discrimination. Its two principal limitations are (1) it treats only sexual harassment that occurs in certain protected settings (e.g. the workplace or school) as actionable and (2) it assumes that both the activity and the resulting harm of sexual harassment occur ...


The Challenge Of Domestic Implementation Of International Human Rights Law In The Cotton Field Case, Caroline Bettinger-López Jan 2012

The Challenge Of Domestic Implementation Of International Human Rights Law In The Cotton Field Case, Caroline Bettinger-López

Articles

No abstract provided.


The Economic Roots Of Domestic Violence, Donna Coker Jan 2009

The Economic Roots Of Domestic Violence, Donna Coker

Articles

No abstract provided.


Subordination And The Fortuity Of Our Circumstances, Sergio J. Campos Jan 2008

Subordination And The Fortuity Of Our Circumstances, Sergio J. Campos

Articles

The antisubordination principle exists at the margins of equality law. This Article seeks to revive the antisubordination principle by taking a fresh look at its structure and underlying justification. First, the Article provides an account of the harm of subordination that focuses on one's position in society, rejecting the focus on groups popular in the existing antisubordination literature. Second, it argues for a theory of state obligation that goes beyond both the existing state action doctrine of the Equal Protection Clause and the failure to protect doctrine associated with Charles Black. The Article argues instead that the antisubordination principle ...


Janet Halley, Split Decisions: How And Why To Take A Break From Feminism, Princeton University Press. 2006 (Book Review), Mary Anne Franks Jan 2007

Janet Halley, Split Decisions: How And Why To Take A Break From Feminism, Princeton University Press. 2006 (Book Review), Mary Anne Franks

Articles

No abstract provided.


Inheritance Law In Tanzania: The Impoverishment Of Widows And Daughters, Tamar Ezer Jan 2006

Inheritance Law In Tanzania: The Impoverishment Of Widows And Daughters, Tamar Ezer

Articles

No abstract provided.


Child Marriage And Guardianship In Tanzania: Robbing Girls Of Their Childhood And Infantilizing Women, Tamar Ezer, Kate Kerr, Kara Major, Aparna Polavarapu, Tina Tolentino Jan 2006

Child Marriage And Guardianship In Tanzania: Robbing Girls Of Their Childhood And Infantilizing Women, Tamar Ezer, Kate Kerr, Kara Major, Aparna Polavarapu, Tina Tolentino

Articles

No abstract provided.


Fact-Finding As A Lawmaking Tool For Advancing Women's Human Rights, Tamar Ezer, Susan Deller Ross Jan 2006

Fact-Finding As A Lawmaking Tool For Advancing Women's Human Rights, Tamar Ezer, Susan Deller Ross

Articles

No abstract provided.


Silence Compounded - The Conjunction Of Race And Gender Violence, Zanita E. Fenton Jan 2003

Silence Compounded - The Conjunction Of Race And Gender Violence, Zanita E. Fenton

Articles

No abstract provided.


Addressing Domestic Violence Through A Strategy Of Economic Rights, Donna Coker Jan 2003

Addressing Domestic Violence Through A Strategy Of Economic Rights, Donna Coker

Articles

No abstract provided.


Transformative Justice: Anti-Subordination Processes In Cases Of Domestic Violence, Donna K. Coker Jan 2002

Transformative Justice: Anti-Subordination Processes In Cases Of Domestic Violence, Donna K. Coker

Books and Book Chapters

No abstract provided.


Crime Control And Feminist Law Reform In Domestic Violence Law: A Critical Review, Donna Coker Jan 2001

Crime Control And Feminist Law Reform In Domestic Violence Law: A Critical Review, Donna Coker

Articles

No abstract provided.


Foreword: Politics, Pragmatism And The Courts, Anthony E. Varona Jan 2001

Foreword: Politics, Pragmatism And The Courts, Anthony E. Varona

Articles

No abstract provided.


Anchoring Justice: The Constitutionality Of The Local Law Enforcement Act In United States V. Morrison'S Shifting Seas, Anthony E. Varona, Kevin Layton Jan 2001

Anchoring Justice: The Constitutionality Of The Local Law Enforcement Act In United States V. Morrison'S Shifting Seas, Anthony E. Varona, Kevin Layton

Articles

No abstract provided.


Enhancing Autonomy For Battered Women: Lessons From Navajo Peacemaking, Donna Coker Jan 1999

Enhancing Autonomy For Battered Women: Lessons From Navajo Peacemaking, Donna Coker

Articles

In this Article, Professor Donna Coker employs original empirical research to investigate the use of Navajo Peacemaking in cases involving domestic violence. Her analysis includes an examination of Navajo women's status and the impact of internal colonization. Many advocates for battered women worry that informal adjudication methods such as Peacemaking ignore domestic hierarchies of power and thus facilitate the batterer's ongoing violence against the victim. Those who endorse the use of Navajo Peacemaking and other systems of restorative justice believe that such processes are better equipped to cut through the batterer's denial and victim blaming and are ...


Title Vii And Homosexual Harassment After Oncale: Was It A Victory?, Mary I. Coombs Jan 1999

Title Vii And Homosexual Harassment After Oncale: Was It A Victory?, Mary I. Coombs

Articles

No abstract provided.


Setting The Record Straight: The Effects Of The Employment Non-Discrimination Act Of 1997 On The First And Fourteenth Amendment Rights Of Gay And Lesbian Public Schoolteachers, Anthony E. Varona Jan 1998

Setting The Record Straight: The Effects Of The Employment Non-Discrimination Act Of 1997 On The First And Fourteenth Amendment Rights Of Gay And Lesbian Public Schoolteachers, Anthony E. Varona

Articles

No abstract provided.


Rape, Race And Representation: The Power Of Discourse, Discourses Of Power And The Reconstruction Of Heterosexuality, Elizabeth M. Iglesias Jan 1996

Rape, Race And Representation: The Power Of Discourse, Discourses Of Power And The Reconstruction Of Heterosexuality, Elizabeth M. Iglesias

Articles

No abstract provided.


Putting Women First, Mary I. Coombs Jan 1995

Putting Women First, Mary I. Coombs

Articles

No abstract provided.


Whiteness And Women, In Practice And Theory: A Reply To Catharine Mackinnon, Martha R. Mahoney Jan 1993

Whiteness And Women, In Practice And Theory: A Reply To Catharine Mackinnon, Martha R. Mahoney

Articles

No abstract provided.


Exit: Power And The Idea Of Leaving In Love, Work, And The Confirmation Hearings, Martha R. Mahoney Jan 1992

Exit: Power And The Idea Of Leaving In Love, Work, And The Confirmation Hearings, Martha R. Mahoney

Articles

No abstract provided.


Heat Of Passion And Wife Killing: Men Who Batter/Men Who Kill, Donna K. Coker Jan 1992

Heat Of Passion And Wife Killing: Men Who Batter/Men Who Kill, Donna K. Coker

Articles

No abstract provided.


Legal Images Of Battered Women: Redefining The Issue Of Separation, Martha R. Mahoney Jan 1991

Legal Images Of Battered Women: Redefining The Issue Of Separation, Martha R. Mahoney

Articles

No abstract provided.


Agency And Partnership: A Study Of Breach Of Promise Plaintiffs, Mary I. Coombs Jan 1989

Agency And Partnership: A Study Of Breach Of Promise Plaintiffs, Mary I. Coombs

Articles

No abstract provided.