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Full-Text Articles in Law

Gender, Race, And Intersectionality On The Federal Appellate Bench., Todd Collins, Laura Moyer Sep 2016

Gender, Race, And Intersectionality On The Federal Appellate Bench., Todd Collins, Laura Moyer

Laura Moyer

While theoretical justifications predict that a judge’s gender and race may influence judicial decisions, empirical support for these arguments has been mixed. However, recent increases in judicial diversity necessitate a reexamination of these earlier studies. Rather than examining individual judges on a single characteristic, such as gender or race alone, this research note argues that the intersection of individual characteristics may provide an alternative approach for evaluating the effects of diversity on the federal appellate bench. The results of cohort models examining the joint effects of race and gender suggest that minority female judges are more likely to support criminal …


Constrained Choice: Mothers, The State, And Domestic Violence, Rona Kaufman Kitchen Dec 2014

Constrained Choice: Mothers, The State, And Domestic Violence, Rona Kaufman Kitchen

Rona Kaufman Kitchen

Mothers who are the victims of domestic violence face unique challenges in their quest for safety. The legal response to domestic violence requires that mothers respond to abuse in specific state-sanctioned manners. However, when mothers respond accordingly, such as by reporting abuse and leaving the abusive relationship, their safety and the safety of their children is not guaranteed. Moreover, by responding in state-sanctioned manners, mothers risk a host of negative consequences including increased threat to their immediate and long-term safety, the loss of their children, undesired financial, health, and social consequences, and criminal prosecution. On the other hand, when mothers …


The Rhetoric Of Self Defense, Janine Young Kim Dec 2007

The Rhetoric Of Self Defense, Janine Young Kim

Janine Kim

The rhetoric of self-defense is a powerful instrument in the hands of legal actors to shape our understanding of justified violence in society. This rhetoric is based not in the legal definition of self-defense but rather in the paradigmatic situation of deadly response to deadly attack, which offers useful guidance in interpreting the law's required elements. However, the paradigm also tends to embrace claims of morality and right that threaten to expand self-defense beyond recognition to consider inappropriate values such as vengeance and punishment.

In this Article, the author argues that self-defense should be viewed not only as a moral …


Hate Crime Law And The Limits Of Inculpation, Janine Young Kim Dec 2005

Hate Crime Law And The Limits Of Inculpation, Janine Young Kim

Janine Kim

Critics sometimes maintain that hate crime law punishes an offender for her motive and character and is therefore doctrinally and morally illegitimate. This manuscript explores the concept of culpability to examine this challenge, and argues that critics inaccurately assume that our criminal law conditions culpability on a robust understanding of choice. This inaccuracy significantly undermines the doctrinal critique against hate crime law, which in fact appears to be consistent with many other laws that consider motive and character as relevant factors in determining degree of guilt and proportionate punishment. Notwithstanding the apparent doctrinal validity of hate crime law, the author …