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Articles 1 - 6 of 6
Full-Text Articles in Law and Society
Mommy Dearest?: Postpartum Psychosis, The American Legal System, And The Criminalization Of Mental Illness, Allison Dopazo
Mommy Dearest?: Postpartum Psychosis, The American Legal System, And The Criminalization Of Mental Illness, Allison Dopazo
University of Miami Race & Social Justice Law Review
Children are often regarded as the most sacred beings in all of society—appealing to our collective sense of human dignity and protecting the most vulnerable. Mothers fiercely protecting their young children from perceived dangers is ostensibly a natural and moral response. This notion of the loving mother is in stark contrast to filicide, or the act of a parent murdering their child. It is a bedrock principle of the American criminal-justice system that a defendant is not responsible for their actions if the defendant was “laboring under such a defect of reason, from a disease of the mind, as not …
Misunderstanding Judy Norman: Theory As Cause And Consequence, Martha R. Mahoney
Misunderstanding Judy Norman: Theory As Cause And Consequence, Martha R. Mahoney
Articles
Judy Norman shot her abusive husband during a late afternoon nap while he rested before violently trafficking her that night. The sharp contrast between the extreme violence and danger Judy faced and the denial of a self-defense instruction triggered extensive academic debates about justification and the use of deadly force. Norman became one of the most famous cases involving battered women, appearing in many casebooks and hundreds of law review articles. Despite all this work, the facts of the case contradict much of what scholars have said about Norman. Misconceptions about expert evidence, "Battered Woman Syndrome, "and battered women drive …
The American Child Welfare System: The Inconspicuous Vehicle For Social Exclusion, Zachary Auspitz
The American Child Welfare System: The Inconspicuous Vehicle For Social Exclusion, Zachary Auspitz
University of Miami Race & Social Justice Law Review
No abstract provided.
Why Opposing Hyper-Incarceration Should Be Central To The Work Of The Anti-Domestic Violence Movement, Donna Coker, Ahjané D. Macquoid
Why Opposing Hyper-Incarceration Should Be Central To The Work Of The Anti-Domestic Violence Movement, Donna Coker, Ahjané D. Macquoid
University of Miami Race & Social Justice Law Review
No abstract provided.
A Positive Right To Protection For Children, Tamar Ezer
A Positive Right To Protection For Children, Tamar Ezer
Articles
Concepts that are useful in other areas of human rights break down in the context of children. Because children are dependent on adults for their development, they are an anomaly in the liberal legal order, which views negative rights as implying fully rational, autonomous individuals that can exercise free choice. This Article argues for a positive right to protection for children, rooted in dignity, by probing the problematic nature of the positive/negative rights duality and exploring alternate legal approaches to protecting children 's rights in both international and comparative law. The adoption of positive rights for children would help assure …
Delivery Of Legal Services To Children In The Boston Area, Tamar Ezer
Delivery Of Legal Services To Children In The Boston Area, Tamar Ezer
Articles
No abstract provided.