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Full-Text Articles in Law

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 ...


Internalizing Gender: International Goals, Comparative Realities, Darren Rosenblum Aug 2006

Internalizing Gender: International Goals, Comparative Realities, Darren Rosenblum

Pace Law Faculty Publications

This Article uses the example of international women's political rights to examine the value of comparative methodologies in analyzing the process by which nations internalize international norms. As internalized in Brazil and France, the Convention on the Elimination of All Forms of Discrimination Against Women suggests possibilities for (and possible limitations of) interdisciplinary comparative and international law scholarship. Indeed, international law scholarship is divided between theories of internalization and neorealist challenges to those theories. Comparative methodologies add crucial complexity to internalization theory, the success of which depends on acknowledging vast differences in national legal cultures. Further, comparative methodologies expose ...


Parity/Disparity: Electoral Gender Inequality On The Tightrope Of Liberal Constitutional Traditions, Darren Rosenblum Jan 2006

Parity/Disparity: Electoral Gender Inequality On The Tightrope Of Liberal Constitutional Traditions, Darren Rosenblum

Pace Law Faculty Publications

Part I of this article examines Parity's strangeness to United States observers. United States sex discrimination law ignores political representation issues. United States voting rights law contains no provisions for gender inequality. Most importantly, leading United States thinkers of all stripes roundly reject quotas. Part II details the Parity debate and its relationship to French democracy. The democracies of the United States and of France share Eighteenth Century Enlightenment origins. They also share some form of universalism (labeled “neutrality” in the United States by Cass Sunstein) establishing the equality of all citizens before the law. Parity serves as a ...