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Full-Text Articles in Law and Gender

Complex Relationships: Public Policy And Law Solutions To Rebalance The Confrontation Clause, Evidence-Based Intimate-Partner Violence Prosecution, And Public And Private Violence After The Resurrection Of Roberts, Kira Eidson Apr 2019

Complex Relationships: Public Policy And Law Solutions To Rebalance The Confrontation Clause, Evidence-Based Intimate-Partner Violence Prosecution, And Public And Private Violence After The Resurrection Of Roberts, Kira Eidson

Senior Theses and Projects

Following the Supreme Court’s 2004 decision in Crawford v. Washington, tensions between the Sixth Amendment Confrontation Clause and evidence-based prosecution of intimate-partner violence increased. In consequence, the Court forged a path of Constitutional jurisprudence which has weakened the power of the Confrontation Clause, reverted to a disguised reliability test reminiscent of Ohio v. Roberts, and diminished the rights of the accused. Simultaneously, these rulings have created a hierarchy where the severity of private, domestic violence is regarded as a lower level of emergency than public violence. Consequently, the Supreme Court’s primary purpose test for testimonial statements should be …


It Takes A Village: An Analysis Of Multilateralism And The Legal Mechanisms Designed To Prevent Violence Against Women, Madison Ivey Jan 2019

It Takes A Village: An Analysis Of Multilateralism And The Legal Mechanisms Designed To Prevent Violence Against Women, Madison Ivey

Scripps Senior Theses

Treaties and international organizations work together to create a global environment that protects the rights of a person and actively promotes the well-being of society. However, they do not necessarily guarantee the rights of everyone. Since women are not explicitly named in human rights documents, they are often not granted equal human rights. Therefore, it takes more than just international legal instruments to guarantee women's rights as human rights. A combination of civil society (NGOs), International organizations (IOs), and domestic government creates a perfect coalition to beat the barriers that must be overcome to fully protect women from violence.