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Articles 1321 - 1350 of 1460
Full-Text Articles in Entire DC Network
Pink Elephants In The Rape Trial: The Problem Of Tort-Type Defenses In The Criminal Law Of Rape, Aya Gruber
Pink Elephants In The Rape Trial: The Problem Of Tort-Type Defenses In The Criminal Law Of Rape, Aya Gruber
Publications
No abstract provided.
Violence Against Aboriginal Women In Australia: Possibilities For Redress Within The International Human Rights Framework, Penelope Andrews
Violence Against Aboriginal Women In Australia: Possibilities For Redress Within The International Human Rights Framework, Penelope Andrews
Articles & Chapters
This Article addresses the issue of violence against Aboriginal women. Part I concerns the historical violenceagainst Aboriginal people generally, and Part II concerns violence against Aboriginal women in particular. Part III considers how the priorities and perspectives of Aboriginal women and non-Aboriginal women differ insignificant ways despite their congruence in others. In particular, the Article evaluates the awkward relationship between Aboriginal women and the largely white feminist movement in Australia as a consequence of these different priorities and perspectives, and suggests how political victories for white or non-Aboriginal women could be translated into gains for Aboriginal women. The fourth part …
Theory And Experience In Constructing The Realitonship Between Lawyer And Client: Representing Women Who Have Been Abused, Ann Shalleck
Theory And Experience In Constructing The Realitonship Between Lawyer And Client: Representing Women Who Have Been Abused, Ann Shalleck
Scholarly Articles in Law Reviews & Journals
No abstract provided.
Jaffee V. Redmond: Towards Recognition Of A Federal Counselor-Battered Woman Privilege, Fernando Laguarda, Michael B. Bressman
Jaffee V. Redmond: Towards Recognition Of A Federal Counselor-Battered Woman Privilege, Fernando Laguarda, Michael B. Bressman
Scholarly Articles in Law Reviews & Journals
No abstract provided.
Voicing Differences (Comment), Margaret E. Montoya
Voicing Differences (Comment), Margaret E. Montoya
Faculty Scholarship
Jane Aiken and Kimberly O'Leary undertake the difficult work of developing specific approaches and techniques for taking account of characteristics such as race/ethnicity, gender, dis/ability, and sexual identity in clinical pedagogy. Carolyn Grose uses outsider narratives and popular culture to challenge the "pre-understanding" of students, and to assist them to accept client stories as true and valid. Focusing on the professional value of striving to promote justice, fairness, and morality identified in the MacCrate Report, Professor Aiken exhorts us to promote justice by unmasking privilege, the invisible package of unearned assets--about which I (we? or you?) was "meant" to remain …
Evidence In A Different Voice: Some Thoughts On Professor Jonakait's Critique Of A Feminist Approach, Aviva A. Orenstein
Evidence In A Different Voice: Some Thoughts On Professor Jonakait's Critique Of A Feminist Approach, Aviva A. Orenstein
Articles by Maurer Faculty
No abstract provided.
Finding Sojourner’S Truth: Race, Gender, And The Institution Of Property, Cheryl I. Harris
Finding Sojourner’S Truth: Race, Gender, And The Institution Of Property, Cheryl I. Harris
Cardozo Law Review
This Article begins with the signature speech of Sojourner Truth, one of a handful of Black women of the nineteenth century who became an important figure in the abolitionist movement, a national figure in her own time, and an icon of both historical and contemporary feminism. As the emblematic Black woman of her time and as a Black woman that both suffered under and transcended slavery, Sojourner Truth was and is a critically situated subject through which to examine the crosscutting constructions of race and gender forged under slavery.
Whose Justice? Which Victims?, Lynne Henderson
Whose Justice? Which Victims?, Lynne Henderson
Michigan Law Review
A Review of George Fletcher, With Justice for Some: Victim's Rights in Criminal Trials
Title Ii Of The Violence Against Women Act, Bernadette E. Hill
Title Ii Of The Violence Against Women Act, Bernadette E. Hill
Undergraduate University Honors Capstones
In 1994 Congress passed the Violence Against Women Act. This thesis focuses on Title II which gives remedies to gender motivated crimes at the federal level. Title III received a lot of criticism due to a variety of reasons. This thesis looks at the question of if Title III is an appropriate way of addressing the problem of violence against women, if criticisms of Title II warranted? What revisions should be made?
With Justice For Whom? The Presumption Of Moral Innocence In Rape Trials, Stacey Pastel Dougan
With Justice For Whom? The Presumption Of Moral Innocence In Rape Trials, Stacey Pastel Dougan
Indiana Law Journal
No abstract provided.
Resistance To Equality, Elizabeth M. Schneider
Resistance To Equality, Elizabeth M. Schneider
Faculty Scholarship
No abstract provided.
Rape, Race And Representation: The Power Of Discourse, Discourses Of Power And The Reconstruction Of Heterosexuality, Elizabeth M. Iglesias
Rape, Race And Representation: The Power Of Discourse, Discourses Of Power And The Reconstruction Of Heterosexuality, Elizabeth M. Iglesias
Articles
No abstract provided.
U.S. Ratification Of The Convention On The Elimination Of All Forms Of Discrimination Against Women, Julia Ernst
U.S. Ratification Of The Convention On The Elimination Of All Forms Of Discrimination Against Women, Julia Ernst
Michigan Journal of Gender & Law
The purpose of this article is to highlight the need for ratification of the Convention by the United States, and to address arguments against ratification. Various concerns have been raised with respect to CEAFDAW, both specific to the United States and more international in scope. Some problems pertain to United States ratification generally, other issues concern potential conflicts between specific articles of the Convention and U.S. law, and broader problems have been raised with respect to international implementation. Most of these issues are not uncommon in international agreements, and may therefore be remedied through conventional mechanisms, including implementing legislation, reservations, …
Lessons For The United States: A Greek Cypriot Model For Domestic Violence Law, Joan L. Neisser
Lessons For The United States: A Greek Cypriot Model For Domestic Violence Law, Joan L. Neisser
Michigan Journal of Gender & Law
The purpose of this Article is twofold: to view the problem of domestic violence victims not wishing to testify against their abusers through the lenses of different feminist perspectives; and to use the Greek Cypriot experience as a model to test the value of these theories when developing legal policies addressing this issue.
Reproductive Freedom: Abortion Rights Of Incarcerated And Non-Incarcerated Women, Sarah Tankersley
Reproductive Freedom: Abortion Rights Of Incarcerated And Non-Incarcerated Women, Sarah Tankersley
Kentucky Law Journal
No abstract provided.
Insurance Discrimination Against Battered Women: Proposed Legislative Protections, Ellen J. Morrison
Insurance Discrimination Against Battered Women: Proposed Legislative Protections, Ellen J. Morrison
Indiana Law Journal
No abstract provided.
Whose Justice? Which Victims?, Lynne Henderson
Women's Annotated Legal Bibliography
Women's Annotated Legal Bibliography
Cardozo Journal of Equal Rights & Social Justice
No abstract provided.
The Victim-Plaintiff In Criminal Trials And Civil Law Responses To Sexual Violence, Alexandra Goy
The Victim-Plaintiff In Criminal Trials And Civil Law Responses To Sexual Violence, Alexandra Goy
Cardozo Journal of Equal Rights & Social Justice
The article examines the role of the victim-plaintiff in German criminal trials, particularly in cases involving sexual violence. It highlights the unique procedural rights granted to victim-plaintiffs, such as the ability to participate actively in trials and present evidence. However, the analysis reveals significant practical and systemic barriers that limit the effectiveness of this institution, including restrictive evidentiary rules, financial challenges, and gender biases within the judiciary. The article argues that while the victim-plaintiff institution offers opportunities for victims to seek justice, its impact is undermined by these obstacles, raising concerns about the protection of sexual autonomy and gender equality …
Legal Inversions: Lesbians, Gay Men, And The Politics Of Law, Peter Kwan
Legal Inversions: Lesbians, Gay Men, And The Politics Of Law, Peter Kwan
American University Journal of Gender, Social Policy & the Law
No abstract provided.
Introduction: O.J. Simpson And The Criminal Justice System On Trial, Christopher B. Mueller
Introduction: O.J. Simpson And The Criminal Justice System On Trial, Christopher B. Mueller
Publications
No abstract provided.
The Mark Of Cain: No Second Chance For Teachers Convicted Of Sex Offenses Against Students, Eric J. Kuperman
The Mark Of Cain: No Second Chance For Teachers Convicted Of Sex Offenses Against Students, Eric J. Kuperman
Cardozo Journal of Equal Rights & Social Justice
The note argues that teachers convicted of sex offenses against students should be subject to a national registration and notification system, akin to Megan's Law, due to the inadequacy of current systems in preventing these individuals from continuing to teach and offending again. The author emphasizes the need to protect children from sexual predators in educational settings, highlighting the failure of schools and courts to effectively address the issue.
We Can't Go On Together With Suspicious Minds: Judicial Bias And Racialized Perspective In R. V. R.D.S., Richard F. Devlin
We Can't Go On Together With Suspicious Minds: Judicial Bias And Racialized Perspective In R. V. R.D.S., Richard F. Devlin
Dalhousie Law Journal
In recent years it has been recognized that the Canadian judiciary has been drawn from only a relatively small cross section of the community, specifically privileged white males. As a result there have been calls for, and some action in pursuit of, appointment processes that are designed to diversify the bench in order to render it more inclusive. Gender and race are the two primary categories that are invoked as the benchmarks of diversity. While it would appear that numerically there seems to be some very modest progress towards the goal of achieving a more inclusive judiciary, significant qualitative, institutional …
Putting Women First, Mary Coombs
Putting Women First, Mary Coombs
Michigan Law Review
A Review of Gender, Crime, and Punishment by Kathleen Daly
W Stories: Women In Leadership Positions In The Judiciary, Deanell Reece Tacha
W Stories: Women In Leadership Positions In The Judiciary, Deanell Reece Tacha
West Virginia Law Review
No abstract provided.
Second Chances: Bill C-72 And The Charter, Isabel Grant
Second Chances: Bill C-72 And The Charter, Isabel Grant
Osgoode Hall Law Journal
This paper examines the legislative response to the Supreme Court of Canada's decision in R. v. Daviault. The author argues that Bill C-72, which limits the defence of extreme intoxication, is constitutional because of its strong underpinnings in equality. The author reviews the statistics on violence against women and the role of intoxication in that violence to illustrate why the defence of intoxication raises issues of sex equality. The author argues that a court assessing the constitutionality of Bill C-72 should consider this strong foundation in equality and the fact that the Bill is the result of a careful balancing …
Putting Women First, Mary I. Coombs
The Marital Rape Exemption: Evolution To Extinction, Lalenya Weintraub Siegel
The Marital Rape Exemption: Evolution To Extinction, Lalenya Weintraub Siegel
Cleveland State Law Review
It is the position of this Note that true equality between women and men can never exist until every state has completely abolished the marital rape exemption. This abolishment would give every woman, married or unmarried, the freedom to control her own body. The purpose of this Note is to encourage legislators, and those who influence them across the United States, to complete the abolishment of the marital rape exemption. Part II of this Note presents an analysis of the common law origins and legal justifications for the marital exemption. Part III examines the progressive groundbreaking states which have set …
Boxing Women: Regulation, Women And Mental Health, Cate Hemingway
Boxing Women: Regulation, Women And Mental Health, Cate Hemingway
Cardozo Journal of Equal Rights & Social Justice
The article argues that the legal and psychiatric systems collaboratively categorize women who offend as either "mad" or "bad," failing to address underlying social issues. It examines how these systems pathologize women's behavior, using examples like pre-menstrual syndrome (PMS) and battered women's syndrome (BWS) as legal defenses, which often reinforce harmful stereotypes rather than providing meaningful solutions.
The Risk Of Domestic Violence And Women With Hiv Infection: Implications For Partner Notification, Public Policy, And The Law, Karen H. Rothenberg, Stephen Paskey
The Risk Of Domestic Violence And Women With Hiv Infection: Implications For Partner Notification, Public Policy, And The Law, Karen H. Rothenberg, Stephen Paskey
Journal Articles
No abstract provided.