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Full-Text Articles in Legal Studies

How Money For Legal Scholarship Disadvantages Feminism, Martha T. Mccluskey Dec 2011

How Money For Legal Scholarship Disadvantages Feminism, Martha T. Mccluskey

Journal Articles

A dramatic infusion of outside money has shaped legal theory over the last several decades, largely to the detriment of feminist theory. Nonetheless, the pervasive influence of this funding is largely ignored in scholarly discussions of legal theory. This denial helps reinforce the marginal position of feminist scholarship and of women in legal theory. Conservative activists and funders have understood the central role of developing community culture and institutions, and have helped shift the prevailing framework for discussion of many questions of theory and policy through substantial investments in law-and-economics centers and in the Federalist Society. Comparing the institutional resources …


Explaining The "Female Victim Effect" In Capital Sentencing Decisions: A Case For Sex-Specific Models Of Capital Sentencing Research, Tara N. Richards Nov 2011

Explaining The "Female Victim Effect" In Capital Sentencing Decisions: A Case For Sex-Specific Models Of Capital Sentencing Research, Tara N. Richards

USF Tampa Graduate Theses and Dissertations

The potential influence of extralegal characteristics on the outcome of post-Furman capital cases (1972) has been a focus of criminal justice researchers and legal scholars. Much of this literature has assessed the impact of victim and defendant race on the likelihood of receiving the death penalty while a relatively underdeveloped body of research focuses on how victim sex may affect capital sentencing decisions. The present study uses focal concerns theory and the chivalry hypothesis to test the potential mediating effect of theoretical variables on the relationship between victim sex and juror capital sentence decision-making. In addition, it uses victim sex …


Elizabeth Cady Stanton And The Notion Of A Legal Class Of Gender, Tracy A. Thomas Mar 2011

Elizabeth Cady Stanton And The Notion Of A Legal Class Of Gender, Tracy A. Thomas

Akron Law Faculty Publications

In the mid-nineteenth century, Elizabeth Cady Stanton used narratives of women and their involvement with the law of domestic relations to collectivize women. This recognition of a gender class was the first step towards women’s transformation of the law. Stanton’s stories of working-class women, immigrants, Mormon polygamist wives, and privileged white women revealed common realities among women in an effort to form a collective conscious. The parable-like stories were designed to inspire a collective consciousness among women, one capable of arousing them to social and political action. For to Stanton’s consternation, women showed a lack of appreciation of their own …


Elizabeth Cady Stanton And The Notion Of A Legal Class Of Gender, Tracy A. Thomas Mar 2011

Elizabeth Cady Stanton And The Notion Of A Legal Class Of Gender, Tracy A. Thomas

Tracy A. Thomas

In the mid-nineteenth century, Elizabeth Cady Stanton used narratives of women and their involvement with the law of domestic relations to collectivize women. This recognition of a gender class was the first step towards women’s transformation of the law. Stanton’s stories of working-class women, immigrants, Mormon polygamist wives, and privileged white women revealed common realities among women in an effort to form a collective conscious. The parable-like stories were designed to inspire a collective consciousness among women, one capable of arousing them to social and political action. For to Stanton’s consternation, women showed a lack of appreciation of their own …


Demographic And Offense-Related Variables In Pennsylvania Court-Ordered Placements For Juveniles, Kristen N. Asplin, Diane T. Marsh, Adeline Beighley Jan 2011

Demographic And Offense-Related Variables In Pennsylvania Court-Ordered Placements For Juveniles, Kristen N. Asplin, Diane T. Marsh, Adeline Beighley

Contemporary Issues in Juvenile Justice

When making placement decisions for juvenile offenders, court officers often consider the types of charges listed against them. We examined the pattern of offenses charged to residents of 7 types of placements in 1 county in Pennsylvania over a period of 2 years. Consistent, predictable patterns were found across placements, with more restrictive placements assigned to juveniles with more severe offenses, although there remained a considerable degree of variation in offenses represented in each placement type. The pattern of placements was different between genders as well, with female offenders being placed in less restrictive care even more often than their …


The Utility Of Restorative Justice In Urban Communities For Afro Americans Males 12-17, Johnny Brooks Jan 2011

The Utility Of Restorative Justice In Urban Communities For Afro Americans Males 12-17, Johnny Brooks

Walden Dissertations and Doctoral Studies

Juvenile delinquency continues to be a major social problem in the United States. One of the more salient problems with the juvenile justice system in the United States is its staggering incarceration rate, which poses a significant problem for youth exposed to the juvenile justice system, and the community as a whole. The purpose of this qualitative case study was to understand the perspective of the program facilitators about the effectiveness of the restorative justice program in reducing recidivism for African American males aged 12 to 17 in Baltimore City's urban community. This study relied upon restorative justice theory as …