Digital Commons Network^™

Sex Offender Registration And Community Notification Laws: Will These Laws Survive?, Kimberly B. Wilkins

University of Richmond Law Review

No abstract provided.

Let Us Be Done With Totalizing "Black" Histories, E. Nathaniel Gates

Cardozo Public Law, Policy & Ethics Journal

No abstract provided.

Sexual Abuse Of Women In United States Prisons: A Modern Corollary Of Slavery_April 25, 2003, Brenda V. Smith

Presentations

No abstract provided.

Looking For Law In All The Wrong Places: Outlaw Texts And Early Women's Advocacy, Kristin (Brandser) Kalsem

Faculty Articles and Other Publications

Recent Supreme Court decisions such as Atkins v. Virginia and Lawrence v. Texas specifically address the linkages between shifting cultural attitudes and the evolution of law. In this Article, I examine the mutually constitutive relationship between legal and cultural developments from a historical perspective and illustrate the necessity of looking to sources that I define as outlaw texts in order to access invaluable information about the process of legal change.

To demonstrate how a study of outlaw texts can enrich our understanding and critical consideration of law and legal history, this Article presents detailed analyses of specific examples of nineteenth-century …

The Quandary Of Megan's Law: When The Child Sex Offender Is A Child, 37 J. Marshall L. Rev. 73 (2003), Timothy E. Wind

UIC Law Review

No abstract provided.

Covering Women And Violence: Media Treatment Of Vawa's Civil Rights Remedy, Sarah F. Russell

Michigan Journal of Gender & Law

This Article analyzes how newspapers described and characterized the civil rights provision over the past decade and shaped the public discourse about the law. The author examines how lower federal courts, and eventually the Supreme Court, categorized the VAWA remedy when deciding whether Congress had acted within its commerce powers. After considering why there may have been resistance in the press and in the courts to VAWA's categorization of violence against women as a civil rights issue, the author concludes by examining the remedies that have been introduced at the state and local level for victims of gender-motivated violence, and …

Battering, Forgiveness And Redemption, Brenda V. Smith

Scholarly Articles in Law Reviews & Journals

This Article focuses on a topic that, though frequently discussed, has been dismissed in the domestic violence discourse - forgiveness. The author draws upon personal narrative to frame the challenge of forgiveness. The article explores forgiveness - for domestic violence survivors, for batterers, and for communities - through a personal lens and drawing upon mediation, restorative justice and indigenous peace and reconciliation models. The article concludes that exploration and embrace of models that address forgiveness and reconciliation are overdue and would contribute greatly to practice and discourse on domestic violence.

Why Are Victims Of Domestic Violence Still Dying At The Hands Of Their Abusers? Filling The Gap In State Domestic Violence Gun Laws, Sharon L. Gold

Kentucky Law Journal

No abstract provided.

Silence Compounded - The Conjunction Of Race And Gender Violence, Zanita E. Fenton

Articles

No abstract provided.

Addressing Domestic Violence Through A Strategy Of Economic Rights, Donna Coker

Articles

No abstract provided.

The Elusive (But Worthwhile) Quest For A Diverse Bench In The New Millennium, Theresa M. Beiner

Law Faculty Scholarship

No abstract provided.

Women Of Color-What Their Voices Teach Us, Jacqueline Mertz

Cardozo Journal of Equal Rights & Social Justice

The article argues that white feminists must learn from the experiences of women of color to build a more inclusive and effective feminist movement. It emphasizes the importance of addressing the multiple oppressions faced by women of color, including racism, sexism, and national oppression, and critiques the historical failure of the white feminist movement to support women of color.

The Closet Becomes Darker For The Abused: A Perspective On Lesbian Partner Abuse, Marnie J. Franklin

Cardozo Journal of Equal Rights & Social Justice

The article argues that lesbian partner abuse is systematically overlooked in both academic discourse and legal systems, which predominantly rely on heteronormative frameworks that fail to account for same-sex relationships. This exclusion perpetuates the marginalization of abused lesbians, who face unique barriers due to societal homophobia, internalized shame, and the legal system's reliance on heterosexual models of domestic violence.

Intimate Violence As Intimate: The Journey And A Path, Linda G. Mills

Cardozo Journal of Equal Rights & Social Justice

The article critiques the mainstream feminist approach to domestic violence, which frames it as a legal issue to be addressed primarily through the criminal justice system. It argues that this narrow formulation fails to account for the complexities and intimacies of domestic violence, particularly for marginalized groups like lesbians and reluctant victims. The author advocates for moving beyond legal solutions and embracing more nuanced, case-specific approaches that prioritize the unique needs and voices of those affected by intimate violence.

Creating A New Tango: Re-Imagining Gender, Phyllis Goldfarb

Cardozo Journal of Equal Rights & Social Justice

The article explores how feminist legal theory is applied and developed through case studies and media analysis, emphasizing the interplay between theory and practice. It highlights the need to challenge traditional gender hierarchies and the role of media in shaping gender perceptions, advocating for a reimagined understanding of gender roles.

She Breaks Just Like A Little Girl: Neonaticide, The Insanity Defense, And The Irrelevance Of Ordinary Common Sense, Michael L. Perlin

Articles & Chapters

No abstract provided.

Victim Wrongs: The Case For A General Criminal Defense Based On Wrongful Victim Behavior In An Era Of Victims' Rights, Aya Gruber

Publications

Criminal law scholarship is rife with analysis of the victims' rights movement. Many articles identify with the outrage of victims harmed by deviant criminal elements. Other scholarly pieces criticize the movement's denuding of defendants' constitutional trial rights. The point upon which proponents and opponents of the movement tend to agree, however, is that the victim should never be blamed for the crime. The helpless, harmed, innocent victim is someone with whom we can all identify and someone to whom we can all express sympathy. Victim blaming, by all accounts, is an act of legal heresy to feminists, victim advocates, and …

Engaging With The State: The Growing Reliance On Lawyers And Judges To Protect Battered Women, Jane C. Murphy

All Faculty Scholarship

The passage of the federal Violence Against Women Act of 2000 (“VAWA II”) marked an important milestone in the evolution of the domestic violence movement. VAWA II created, among other things, a complex system for state and federal funding in all fifty states to provide civil legal assistance to battered women. Its passage completed a process that began in the early 1980s when domestic violence advocates shifted their focus from grass roots efforts to help battered women and their children leave abusive partners to building alliances with government and advocating for legal remedies to assist battered women. This paper looks …

“Private” Crime In Public Housing: Violent Victimization, Fear Of Crime And Social Isolation Among Women Public Housing Residents, Claire M. Renzetti, Shana L. Maier

CRVAW Faculty Journal Articles

Although public housing is typically associated with high crime rates, little research has been done on fear of crime or violent victimization experiences among public housing residents. Moreover, there are few studies that look specifically at women’s fear of crime or violent victimization experiences in public housing, despite the fact that women constitute the majority of public housing residents. These issues were examined in the present study through interviews with female public housing residents in Camden, New Jersey (NJ). The interviews reveal high rates of violent victimization, especially at the hands of intimates and acquaintances. Fear of crime is also …

Procedural Justice: Tempering The State's Response To Domestic Violence, Deborah Epstein

William & Mary Law Review

No abstract provided.

Do Race/Ethnicity And Gender Influence Criminal Defendants' Satisfaction With Their Lawyers' Services? An Empirical Study Of Nevada Inmates, Robert J. Aalberts, Thomas E. Boyt, Lorne H. Seidman

Nevada Law Journal

No abstract provided.

Women In The American World Of Jails: Inmates And Staff, Kenneth Kerle

University of Maryland Law Journal of Race, Religion, Gender and Class

No abstract provided.

Foreword, H. L.A. Holeman, Eric Sterling

University of Maryland Law Journal of Race, Religion, Gender and Class

No abstract provided.

The Female Offender: A Victim Of Neglect, Lamont Flanagan

University of Maryland Law Journal of Race, Religion, Gender and Class

No abstract provided.

More Than Mere Ripples: The Interwoven Complexity Of Female Incarceration And The African-American Family, Joseph Cudjoe, Tony A. Barringer

University of Maryland Law Journal of Race, Religion, Gender and Class

No abstract provided.

Protection Of Female Prisoners: Dissolving Standards Of Decency, Martin A. Geer

University of Maryland Law Journal of Race, Religion, Gender and Class

No abstract provided.

Using Excited Utterances To Prosecute Domestic Violence In New York: The Door Opens Wide, Or Just A Crack?, Brooks Holland

Cardozo Journal of Equal Rights & Social Justice

The article discusses the use of excited utterances as a hearsay exception in domestic violence prosecutions, particularly in the case of *People v. Lopez*. It highlights how this precedent allows prosecutors to use such statements without the complainant's testimony, which is crucial in cases where victims often refuse to cooperate. The author cautions against over-reliance on this exception, emphasizing the need to balance the prosecution's interests with the defendant's right to confront their accuser under the Confrontation Clause.

Introduction To The Symposium: Homophobia In The Halls Of Justice: Sexual Orientation Bias And Its Implications Within The Legal System, Brenda V. Smith, Pamela Bridgewater

Scholarly Articles in Law Reviews & Journals

The gay moment is unavoidable. -Andrew Kopkind

Gay activist, journalist and political commentator Andrew Kopkind made this profound observation at a critical moment in the queer rights movement, in the midst of the March on Washington, pride rallies, queer organizing and the ever strengthening movement to address the AIDS crisis within the queer community. The moment, however, meant different things to participants in the movement. Over the years, the queer or sexual liberation movement transformed itself into a much more equality-based movement with the most energy focused on securing recognition of gay marriage and equal access to the military. As …

Transformative Justice: Anti-Subordination Processes In Cases Of Domestic Violence, Donna K. Coker

Books and Book Chapters

No abstract provided.

Executing White Masculinities: Lessons From Karla Faye Tucker, Joan W. Howarth

Scholarly Works

Gender is a constant struggle. Throughout our lives, we contend with multiple unstable and oppositional social constructions of gender, or hierarchies of masculinities and femininities. Knowing, or trying to know, who is male and who is female, and how men and women should act, is a major part of the structure of our identities, our societies, and our democracy. These gender questions are not separate from race or class; together for example, they shape what is expected of a poor young White man or a middle-class, African American grandmother. Racialized and class-based, gender helps to tell us who is frightening, …