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Articles 1 - 5 of 5
Full-Text Articles in Criminal Law
Consent In Marriage: A Radical Feminist Analysis Of Pakistani Law, Iqra Saleem Khan
Consent In Marriage: A Radical Feminist Analysis Of Pakistani Law, Iqra Saleem Khan
William & Mary Journal of Race, Gender, and Social Justice
In Abdul Kadir v. Salima, Mahmood J summarised the nature of a Pakistani wife’s duties under Islamic Law. The nikkah contract “imposes submission on the wife when summoned to the couch and confers on him the power of correction when she is disobedient or rebellious.” Earlier, a similar pronouncement was made across the ocean in the United Kingdom by Sir Matthew Hale that through the marriage contract the “wife hath given herself to the husband, consent of which she cannot retract.” Marital rape was later recognised as an offence in the UK by the House of Lords in R …
Criminalizing Substance Abuse And Undermining Roe V. Wade: The Tension Between Abortion Doctrine And The Criminalization Of Prenatal Substance Abuse, Myrisha S. Lewis
Criminalizing Substance Abuse And Undermining Roe V. Wade: The Tension Between Abortion Doctrine And The Criminalization Of Prenatal Substance Abuse, Myrisha S. Lewis
William & Mary Journal of Race, Gender, and Social Justice
woman’s constitutional right to have an abortion. Although other scholars have criticized prenatal substance abuse prosecutions based on various constitutional and public policy arguments, the tension between prenatal substance abuse prosecutions and the Supreme Court’s abortion doctrine has not been adequately examined. I argue that prosecuting women for the crime of prenatal substance abuse punishes women for not exercising their right to an abortion and could even incentivize some women to obtain abortions in order to avoid criminal prosecution. I also examine the science underlying abortion doctrine, fetal health, and substance abuse which reveals that (1) the right to abort …
Digging Beneath The Equality Language: The Influence Of The Fathers’ Rights Movement On Intimate Partner Violence Public Policy Debates And Family Law Reform, Kelly Alison Behre
Digging Beneath The Equality Language: The Influence Of The Fathers’ Rights Movement On Intimate Partner Violence Public Policy Debates And Family Law Reform, Kelly Alison Behre
William & Mary Journal of Race, Gender, and Social Justice
In 2004, a fathers’ rights group formed in West Virginia to promote “Truth, Justice, and Equality in Family Law.” They created a media campaign including billboards and radio spots warning about the dangers of false allegations of domestic violence, sexual assault, and child abuse, even offering a $10,000 award to anyone who could prove false allegations of abuse were used against a parent in a custody case. In 2007, they released a study concluding that seventy-six percent of protection order cases were unnecessary or based on false allegations, and warned that protection orders were often filed to gain leverage in …
Spare The Rod, Save The Child: Reviewing Corporal Punishment Through The Lens Of Domestic Violence, Sarah Brady Brundage
Spare The Rod, Save The Child: Reviewing Corporal Punishment Through The Lens Of Domestic Violence, Sarah Brady Brundage
W&M Law Student Publications
No abstract provided.
Marriage Mimicry: The Law Of Domestic Violence, Ruth Colker
Marriage Mimicry: The Law Of Domestic Violence, Ruth Colker
William & Mary Law Review
In this Article, Professor Colker argues that the legal system does not simply privilege those in marital relationships but has now begun to privilege those in "marriage-like" relationships through what she terms a marriage-mimicry model. She uses the law of domestic violence to critique this model. She traces the haphazard development of the law of domestic violence and argues that it has served to underprotect many of the victims of domestic violence because lawmakers have reflexively only provided legal recourse for those in marriage-like relationships without asking who is most in need of legal protection. She argues that the legal …