Law Commons^™

“For Any Reason”: Paper Promises To Protect Service Members, Tami Martin

Legislation and Policy Brief

In short, "Don't Ask, Don't Tell" (DADT) is the law that prohibits lesbian, gay, and bisexual (LGB) individuals from serving openly in the military. Despite the fact that the Obama Administration has yet to fulfill the campaign promise of ending DADT, many believe the question is more "when" than "if" it will be repealed. Much attention has focused on ending the policy, but it is also important to consider what might happen after repeal. This article briefly examines the history of DADT, major policies meant to protect service members from harassment they experience because of their actual or perceived sexual …

The Collateral Consequences Of Masculinizing Violence, Jamie Abrams

Articles in Law Reviews & Other Academic Journals

Before an enraged gunman fired thirty-six deadly shots into an exercise class filled with women, on August 4, 2009, in Pennsylvania, he blogged that his killing spree was the result of his failure to meet society’s expectations of him as a man. This violent act tragically affirms that hegemonic masculinity – a dominant form of masculinity whereby some types of men have power over women and over some other men – can directly cause violence against women and reveals both the underlying connection between masculinities scholarship and feminist scholarship and the value in exploring that linkage further in both theory …

Specialization Has The Potential To Lead To Uneven Justice: Domestic Violence Cases In The Juvenile And Domestic Violence Courts, Allison Cleveland

The Modern American

No abstract provided.

Legislative Updates, Cheryl Chado

The Modern American

No abstract provided.

The Dual Purposes Of The U Visa Thwarted In A Legislative Duel, Jamie Abrams

Articles in Law Reviews & Other Academic Journals

Congress created the U visa non-immigrant classification to achieve the dual purposes of both strengthening law enforcement’s ability to pursue domestic violence cases and protecting victims. This article reveals how the gatekeeper function of the law enforcement certification in the U visa petition, as set out in the interim final regulations, undermines Congress’s dual purposes and thwarts the statutory framework entirely. The law enforcement certification provisions of the U visa interim final regulations irreparably shift considerable centralized power to law enforcement personnel, subjecting the certification process to inconsistent application and misapplication.

U Visas allow undocumented non-immigrants who are victims of …

Family Law Exceptionalism In Comparative Law, Fernanda Nicola

Articles in Law Reviews & Other Academic Journals

Today, family law is, to a surprising degree, at the center of comparative law inquiries committed to legal unification. Comparative family law projects range from analyzing convergence and harmonization proposals in the West, to law and development schemes in the rest of the world. The most salient reforms of abortion, same-sex marriage, transsexual, and adoption rights are increasingly promoted at the transnational level through international human rights and antidiscrimination principles. Regional and international human rights tribunals in Europe and Latin America are called upon to interpret the right to family life, non-discrimination, and freedom of movement principles to redefine the …

Children's Rights As Relational Rights: The Case Of Relocation, Ruth Zafran

American University Journal of Gender, Social Policy & the Law

No abstract provided.