Open Access. Powered by Scholars. Published by Universities.®
- Institution
-
- Selected Works (6)
- University at Albany, State University of New York (3)
- Brooklyn Law School (2)
- Schulich School of Law, Dalhousie University (2)
- Wayne State University (2)
-
- Bridgewater State University (1)
- Brigham Young University Law School (1)
- Cornell University Law School (1)
- Duke Law (1)
- Maurer School of Law: Indiana University (1)
- Penn State Law (1)
- SelectedWorks (1)
- The Catholic University of America, Columbus School of Law (1)
- UIC School of Law (1)
- University of Colorado Law School (1)
- University of Pittsburgh School of Law (1)
- University of Richmond (1)
- Washington University in St. Louis (1)
- William & Mary Law School (1)
- Keyword
-
- Sex (4)
- Domestic Violence (3)
- Women (3)
- Civil Rights Generally (2)
- Education Law (2)
-
- First Amendment (2)
- Human Rights Law (2)
- Race (2)
- Sex Crimes (2)
- Sexual assault (2)
- Sexuality and the Law (2)
- VAWA (2)
- Violence (2)
- Violence Against Women Act (2)
- Advertise (1)
- Advertising (1)
- Assault (1)
- Attributions (1)
- Battered women's movement (1)
- Batterer (1)
- Batterer intervention (1)
- Campus assault (1)
- Campus sexual assault (1)
- Charter values (1)
- Child Sexual Abuse (1)
- Child endangerment (1)
- Child sexual assault (1)
- Civil Rights and Discrimination (1)
- Classification of crime (1)
- Clery Act (1)
- Publication
-
- Psychology Faculty Scholarship (3)
- Articles, Book Chapters, & Popular Press (2)
- Faculty Scholarship (2)
- Law Faculty Research Publications (2)
- Stuart Green (2)
-
- Articles (1)
- Articles by Maurer Faculty (1)
- BYU Law Review (1)
- Brooklyn Journal of International Law (1)
- Catholic University Journal of Law and Technology (1)
- Cornell Law Library Prize for Exemplary Student Research Papers (1)
- Donald L. Beschle (1)
- Journal Articles (1)
- Katharine K. Baker (1)
- Law Faculty Publications (1)
- Mark Strasser (1)
- Monica B Carusello (1)
- Publications (1)
- Scholarship@WashULaw (1)
- Susan L. Brody (1)
- UIC Law Review (1)
- Undergraduate Review (1)
- William & Mary Journal of Race, Gender, and Social Justice (1)
- Publication Type
- File Type
Articles 1 - 29 of 29
Full-Text Articles in Criminal Law
Alternative Restrictions Of Sex Offenders' Social Media Use & The Freedom Of Speech, Norah M. Sloss
Alternative Restrictions Of Sex Offenders' Social Media Use & The Freedom Of Speech, Norah M. Sloss
Catholic University Journal of Law and Technology
No abstract provided.
The State Of The States: The Continuing Struggle To Criminalize Revenge Porn, Justin Pitcher
The State Of The States: The Continuing Struggle To Criminalize Revenge Porn, Justin Pitcher
BYU Law Review
No abstract provided.
Toward A Socially Responsible Application Of The Criminal Law To The Problem Of Street Harassment, Maeve Olney
Toward A Socially Responsible Application Of The Criminal Law To The Problem Of Street Harassment, Maeve Olney
William & Mary Journal of Race, Gender, and Social Justice
No abstract provided.
Rape Of The Mentally Deficient: Satisfaction Of The Nonconsent Element, 15 J. Marshall L. Rev. 115 (1982), Susan Brody
Rape Of The Mentally Deficient: Satisfaction Of The Nonconsent Element, 15 J. Marshall L. Rev. 115 (1982), Susan Brody
Susan L. Brody
No abstract provided.
"Nobody's Saying We're Opposed To Complying": Barriers To University Compliance With Vawa And Title Ix, Charlotte Savino
"Nobody's Saying We're Opposed To Complying": Barriers To University Compliance With Vawa And Title Ix, Charlotte Savino
Cornell Law Library Prize for Exemplary Student Research Papers
Part I of this note will explore the government’s action in addressing sexual assault on campus, including the history of VAWA, the Clery Act, and Title IX. Part II will posit barriers to compliance, including ambiguous mandates, due process issues of private adjudication, and privacy law. Part III encapsulates the current political landscape and the laws that are under consideration. Part IV concludes with the financial and legal consequences of university action and inaction, including lawsuits brought by victims, lawsuits brought by the accused, Department of Education and Office of Civil Rights fines, and admissions consequences as prospective students actively …
Lawrence Beyond Gay Rights: Taking The Rationality Requirement For Justifying Criminal Statutes Seriously, 53 Drake L. Rev. 231 (2005), Donald L. Beschle
Lawrence Beyond Gay Rights: Taking The Rationality Requirement For Justifying Criminal Statutes Seriously, 53 Drake L. Rev. 231 (2005), Donald L. Beschle
Donald L. Beschle
No abstract provided.
Punishment As Protection, Cynthia Godsoe
Definitions, Religion, And Free Exercise Guarantees, Mark Strasser
Definitions, Religion, And Free Exercise Guarantees, Mark Strasser
Mark Strasser
The First Amendment to the United States Constitution protects the free exercise of religion. Non-religious practices do not receive those same protections, which makes the ability to distinguish between religious and non-religious practices important. Regrettably, members of the Court have been unable to agree about how to distinguish the religious from the non-religious—sometimes, the implicit criteria focus on the sincerity of the beliefs, sometimes the strength of the beliefs or the role that they play in an individual’s life, and sometimes the kind of beliefs. In short, the Court has virtually guaranteed an incoherent jurisprudence by sending contradictory signals with …
Sentencing Pregnant Drug Addicts: Why The Child Endangerment Enhancement Is Not Appropriate, Monica Carusello
Sentencing Pregnant Drug Addicts: Why The Child Endangerment Enhancement Is Not Appropriate, Monica Carusello
Monica B Carusello
No abstract provided.
The Civil Rights Approach To Campus Sexual Violence, Nancy Chi Cantalupo
The Civil Rights Approach To Campus Sexual Violence, Nancy Chi Cantalupo
Law Faculty Research Publications
No abstract provided.
For The Title Ix Civil Rights Movement: Congratulation And Cautions, Nancy Chy Cantalupo
For The Title Ix Civil Rights Movement: Congratulation And Cautions, Nancy Chy Cantalupo
Law Faculty Research Publications
No abstract provided.
Mandatory Reporting Of Campus Sexual Assault And Domestic Violence: Moving To A Victim-Centric Protocol That Comports With Federal Law, Jill C. Engle
Mandatory Reporting Of Campus Sexual Assault And Domestic Violence: Moving To A Victim-Centric Protocol That Comports With Federal Law, Jill C. Engle
Journal Articles
This Article will examine "mandatory reporting" of campus domestic violence and sexual assault' by faculty members when a student discloses this kind of incident to them. This Article describes the legal and social landscape of mandatory reporting and the attendant challenges, along with the policies and practices that colleges should adopt for faculty reporting to comply with federal law while still remaining sensitive to victim needs.
Amending Rape Shield Laws: Outdated Statutes Fail To Protect Victims On Social Media, 48 J. Marshall L. Rev. 1087 (2015), Sydney Janzen
Amending Rape Shield Laws: Outdated Statutes Fail To Protect Victims On Social Media, 48 J. Marshall L. Rev. 1087 (2015), Sydney Janzen
UIC Law Review
This Comment will first discuss the discoverability and admissibility of social media evidence in criminal and/or civil sexual assault cases. Section II(A) provides a broad overview of both federal and state rape shield laws, including the legislative policies behind their enactments, as well as the modern expansion of social media in the context of the legal system. Section II(B) will address the modern utility of social media in the context of the legal system. Section III first analyzes how courts look at discoverability and admissibility of social media evidence generally, and then focuses on sexual assault cases specifically. Further, Section …
The Effect Of Statutory Rape Laws On Teen Birth Rates, Michael D. Frakes, Matthew C. Harding
The Effect Of Statutory Rape Laws On Teen Birth Rates, Michael D. Frakes, Matthew C. Harding
Faculty Scholarship
Policymakers have often been explicit in expanding statutory rape laws to reduce teenage pregnancies and live births by teenage mothers, often with the goal of reducing associated welfare outlays. In this paper, we explore whether expansions in such laws are indeed associated with reductions in teen birth rates. In order to codify statutory-rape-law expansions, we use a national micro-level sample of sexual encounters to simulate the degree to which such encounters generally implicate the relevant laws. By codifying statutory-rape laws in terms of their potential reach into sexual encounters, as opposed to using crude binary treatment variables, this simulation approach …
Excusing Murder? Conservative Jurors’ Acceptance Of The Gay Panic Defense, Cynthia J. Najdowski, Jessica Salerno, Bette L. Bottoms, B. L. Harrington, Dave Kemner
Excusing Murder? Conservative Jurors’ Acceptance Of The Gay Panic Defense, Cynthia J. Najdowski, Jessica Salerno, Bette L. Bottoms, B. L. Harrington, Dave Kemner
Psychology Faculty Scholarship
We conducted a simulated trial study to investigate the effectiveness of a “gay-panic” provocation defense as a function of jurors’ political orientation. Mock jurors read about a murder case in which a male defendant claimed a victim provoked the killing by starting a fight, which either included or did not include the male victim making an unwanted sexual advance that triggered a state of panic in the defendant. Conservative jurors were significantly less punitive when the defendant claimed to have acted out of gay panic as compared to when this element was not part of the defense. In contrast, liberal …
The Influence Of A Juvenile's Abuse History On Support For Sex Offender Registration, Cynthia J. Najdowski, M. C. Stevenson, J. M. Salerno, T. R. A. Wiley, B. L. Bottoms, K. M. Farnum
The Influence Of A Juvenile's Abuse History On Support For Sex Offender Registration, Cynthia J. Najdowski, M. C. Stevenson, J. M. Salerno, T. R. A. Wiley, B. L. Bottoms, K. M. Farnum
Psychology Faculty Scholarship
We investigated whether and how a juvenile’s history of experiencing sexual abuse affects public perceptions of juvenile sex offenders in a series of 5 studies. When asked about juvenile sex offenders in an abstract manner (Studies 1 and 2), the more participants (community members and undergraduates) believed that a history of being sexually abused as a child causes later sexually abusive behavior, the less likely they were to support sex offender registration for juveniles. Yet when participants considered specific sexual offenses, a juvenile’s history of sexual abuse was not considered to be a mitigating factor. This was true when participants …
Regulating Sex Work: Assimilationism, Erotic Exceptionalism And The Challenge Of Intimate Labor, Adrienne D. Davis
Regulating Sex Work: Assimilationism, Erotic Exceptionalism And The Challenge Of Intimate Labor, Adrienne D. Davis
Scholarship@WashULaw
Most commentators on sex markets focus on the debate between abolitionists and those who defend and support professional sex work. This paper, instead, looks at debates within the pro-sex work camp, uncovering some unattended tensions and contradictions. It shows that, within this camp, some stress the labor aspect, urging that sex markets perpetuate a “vulnerable population” of workers, similar to others who perform highly risky and/or exploited labor, and should be regulated accordingly. In this view, sex work would be assimilated into other labor. Others, though, take a more anti-regulatory stance. They exceptionalize this form of labor, arguing that because …
Examining The Websites Of Canada’S ‘Top Sex Crime Lawyers’: The Ethical Parameters Of Online Commercial Expression By The Criminal Defence Bar, Elaine Craig
Articles, Book Chapters, & Popular Press
Online advertising has become a primary source of information about legal services. This trend towards web-based marketing of legal services poses new challenges to the regulation of the legal profession. Challenges which, to date, have not been fully met. It also creates a new source of data for researchers studying aspects of the legal profession such as legal ethics, lawyers’ perspectives and strategies, and legal discourse. The objective of this study is to examine the most prominent websites in Canada that advertise legal representation for individuals accused of sexual offences. The study of these websites yielded two types of observations …
The Right To No: The Crime Of Marital Rape, Women's Human Rights, And International Law, Melanie Randall, Vasanthi Venkatesh
The Right To No: The Crime Of Marital Rape, Women's Human Rights, And International Law, Melanie Randall, Vasanthi Venkatesh
Brooklyn Journal of International Law
More than half of the world’s countries do not explicitly criminalize sexual assault in marriage. While sexual assault in general is criminalized in these countries, sexual assault perpetrated by a spouse is entirely legal. The human rights violations inhere in acts of violence against women are now well recognized. Yet somehow marital rape is a particular form of gendered violence that has escaped both criminal law sanctions and human rights approbation in a great number of the world’s nations.
This silence in the law creates legal impunity for men who sexually assault or rape the women who are their wives …
Personal Stare Decisis, Hiv Non-Disclosure, And The Decision In Mabior, Elaine Craig
Personal Stare Decisis, Hiv Non-Disclosure, And The Decision In Mabior, Elaine Craig
Articles, Book Chapters, & Popular Press
This article discusses the concept of personal stare decisis and the issue of horizontal precedent through examination of Canada's jurisprudence on the (over) criminalization of HIV non-disclosure. The Court's reasoning in R v Cuerrier and R v Mabior, as well as the trial decisions decided since Mabior are examined. The point is not to suggest that Justice McLachlin’s approach in Cuerrier offered the perfect solution to this issue. Indeed, as Isabel Grant argues, a better approach would remove non-disclosure of HIV status from the sexual assault criminal law regime and in its stead reintroduce the use of offences such …
The Evidentiary Rules Of Engagement In The War Against Domestic Violence, Erin R. Collins
The Evidentiary Rules Of Engagement In The War Against Domestic Violence, Erin R. Collins
Law Faculty Publications
Our criminal justice system promises defendants a fair and just adjudication of guilt, regardless of the character of the alleged offense. Yet, from mandatory arrest to "no-drop" prosecution policies, the system's front-end response to domestic violence reflects the belief that it differs from other crimes in ways that permit or require the adaptation of criminal justice response mechanisms. Although scholars debate whether these differential responses are effective or normatively sound, the scholarship leaves untouched the presumption that, once the adjudicatory phase is underway, the system treats domestic violence offenses like any other crime.
This Article reveals that this presumption is …
The Potential Impact Of Rape Culture On Juror Decision Making: Implications For Wrongful Acquittals In Sexual Assault Trials., Meagen M. Hildebrand, Cynthia J. Najdowski
The Potential Impact Of Rape Culture On Juror Decision Making: Implications For Wrongful Acquittals In Sexual Assault Trials., Meagen M. Hildebrand, Cynthia J. Najdowski
Psychology Faculty Scholarship
Feminist writers contend that Americans live in a culture that supports sexualized aggression and violence against women. This “rape culture” is reflected in our society by the pervasive endorsement of rape myths and sexual objectification of women, both of which are legitimized by everyday media. One potential consequence of living in a rape culture is that individuals may themselves come to endorse rape myths and sexually objectify women, and, in turn, perceive certain forms of sexual violence against women as defensible. This is concerning considering the significant role that laypeople play in administering justice in sexual assault cases, but research …
The Online Sex Sting, Michael Cryan
The Online Sex Sting, Michael Cryan
Undergraduate Review
The Youth Internet Safety Surveys are indicative of a small subset of minors who have had contact with sexual offenders in person. Internet sex stings serve to target these adults through the use of police deception, but their use has been on the decline. Sexual offenders are a heterogeneous group; laws often mistakenly lump these various members together. This paper discusses different sources that can take responsible action to prevent online predators from reaching minors and the issue of vigilantism against offenders. Our current laws on sexual predators do not reflect the deeper, more prevalent issue of acquaintance rape.
The Stereotyped Offender: Domestic Violence And The Failure Of Intervention, Carolyn B. Ramsey
The Stereotyped Offender: Domestic Violence And The Failure Of Intervention, Carolyn B. Ramsey
Publications
Scholars and battered women's advocates now recognize that many facets of the legal response to intimate-partner abuse stereotype victims and harm abuse survivors who do not fit commonly accepted paradigms. However, it is less often acknowledged that the feminist analysis of domestic violence also tends to stereotype offenders and that state action, including court-mandated batterer intervention, is premised on these offender stereotypes. The feminist approach can be faulted for minimizing or denying the role of substance abuse, mental illness, childhood trauma, race, culture, and poverty in intimate-partner abuse. Moreover, those arrested for domestic violence crimes now include heterosexual women, lesbians, …
Policing Sex: The Colonial, Apartheid, And New Democracy Policing Of Sex Work In South Africa, India Thusi
Policing Sex: The Colonial, Apartheid, And New Democracy Policing Of Sex Work In South Africa, India Thusi
Articles by Maurer Faculty
In Part I of this Article, I discuss the perception that sex work was a “necessary evil” under the Dutch East India Company. In Part II, I discuss British colonial rule and the influence of the Victorian era on the policing of sex work. In Part III, I discuss the Union of South Africa and the mass hysteria following the rise of the “black peril.” Part IV discusses the apartheid era and the impact of the Immorality Act on the policing of sex workers. Part V focuses on the new democratic era and the introduction of the human rights framework. …
Sex And The Shari’A: Defining Gender Norms And Sexual Deviancy In Shi’I Islam, Haider Ala Hamoudi
Sex And The Shari’A: Defining Gender Norms And Sexual Deviancy In Shi’I Islam, Haider Ala Hamoudi
Articles
This paper demonstrates that modern authoritative jurists working within the Shi’i tradition have developed their rules respecting sex regulation to serve three primary commitments. The first of these is that there is an intense and near debilitating desire on the part of human beings generally, though mostly men, for a great deal of sex. This desire must be satisfied, but it also must be tightly controlled. This is because of the second commitment, which is that excessive licentiousness is a form of secular distraction from a believer’s central obligation to worship God. Finally, and perhaps the most interesting, is the …
What Are The Sexual Offences?, Stuart Green
What Are The Sexual Offences?, Stuart Green
Stuart Green
Lies, Rape, And Statutory Rape, Stuart Green
Lies, Rape, And Statutory Rape, Stuart Green
Stuart Green
Why Rape Should Not (Always) Be A Crime, Katharine K. Baker
Why Rape Should Not (Always) Be A Crime, Katharine K. Baker
Katharine K. Baker