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Articles 1 - 9 of 9
Full-Text Articles in Law
A Provocative Defense, Aya Gruber
A Provocative Defense, Aya Gruber
Aya Gruber
It is common wisdom that the provocation defense is, quite simply, sexist. For decades, there has been a trenchant feminist critique that the doctrine reflects and reinforces masculine norms of violence and shelters brutal domestic killers. The critique is so prominent that it appears alongside the doctrine itself in leading criminal law casebooks. The feminist critique of provocation embodies several claims about provocation's problematically gendered nature, including that the defense is steeped in chauvinist history, treats culpable sexist killers too leniently, discriminates against women, and expresses bad messages. This article offers a (likely provocative) defense of the provocation doctrine. While …
"Destinations:" A Comparison Of Sex Trafficking In India And The United States, Sarah Montana Hart
"Destinations:" A Comparison Of Sex Trafficking In India And The United States, Sarah Montana Hart
Sarah Montana Hart
This paper finds similarities in the sex trafficking industries in the United States and India, and offers some suggestions for the international community moving forward.
The Collateral Consequences Of Juvenile Publicity: What The Montana Legislature Has Overlooked In The Youth Court Act, Sarah Montana Hart
The Collateral Consequences Of Juvenile Publicity: What The Montana Legislature Has Overlooked In The Youth Court Act, Sarah Montana Hart
Sarah Montana Hart
This article discusses what the Montana Legislature should do in order to remedy some unforeseen effects of keeping Youth Court proceedings public.
Cook: Stewing In His Own Juice Why Walter Cook’S “Logical And Legal Basis” Never Had A Chance, Sarah Montana Hart
Cook: Stewing In His Own Juice Why Walter Cook’S “Logical And Legal Basis” Never Had A Chance, Sarah Montana Hart
Sarah Montana Hart
This article discusses the internal inconsistencies in Walter Cook's 1924 article “The Logical and Legal Bases of the Conflict of Laws,” and the ramifications for the Conflict of Laws field.
Defending Against The Defenders Why I Can Be A Good Prosecutor And A Good Person, Sarah Montana Hart
Defending Against The Defenders Why I Can Be A Good Prosecutor And A Good Person, Sarah Montana Hart
Sarah Montana Hart
This article discusses the choice to become a prosecutor, specifically in light of the critics of the profession from writers like Paul Butler and Abbe Smith.
Planetarian Identity Formation And The Relocalization Of Environmental Law, Sarah Krakoff
Planetarian Identity Formation And The Relocalization Of Environmental Law, Sarah Krakoff
Sarah Krakoff
Local food, local work, local energy production—all are hallmarks of a resurgence of localism throughout contemporary environmental thought and action. The renaissance of localism might be seen as a retreat from the world’s global environmental problems. This paper maintains, however, that some forms of localism are actually expressions, and appropriate ones, of a planetary environmental consciousness. The paper’s centerpiece is an in-depth evaluation of local climate action initiatives, including interviews with participants as well as other data and observations about their ethics, attitudes, behaviors, and motivations. The values and identities being forged in these initiatives form the basis for timely …
Blood Quantum, Race, And Identity In Indian Country, Sarah Montana Hart
Blood Quantum, Race, And Identity In Indian Country, Sarah Montana Hart
Sarah Montana Hart
This article discusses how blood quantum laws affect racism and other relations between Indian nations and the United States.
Religious Rules: The Judeo-Christian Nature Of The Aba Model Rules And What It Means For The Legal Profession, Sarah Montana Hart
Religious Rules: The Judeo-Christian Nature Of The Aba Model Rules And What It Means For The Legal Profession, Sarah Montana Hart
Sarah Montana Hart
This article argues that the American Bar Association Model Rules of Professional Conduct are not only biased in favor of Judeo-Christian biblical values, but actually are religious rules based in the Bible. The religious nature of the Model Rules affects lawyers in several different ways. There must be awareness of and a conscious choice about the nature and effects that these rules have on law students, bar applicants, and practicing lawyers.
Rape, Feminism, And The War On Crime, Aya Gruber
Rape, Feminism, And The War On Crime, Aya Gruber
Aya Gruber
Over the past several years, feminism has been increasingly associated with crime control and the incarceration of men. In apparent lock step with the movement of the American penal system, feminists have advocated a host of reforms to strengthen state power to punish gender-based crimes. In the rape context, this effort has produced mixed results. Sexual assault laws that adopt prevailing views of criminality and victimhood, such as predator laws, enjoy great popularity. However, reforms that target the difficulties of date rape prosecutions and seek to counter gender norms, such as rape shield and affirmative consent laws, are controversial, sporadically-implemented, …