Digital Commons Network^™

When Battered Woman's Syndrome Does Not Go Far Enough: The Battered Woman As Vigilante, Elizabeth Ayyildiz

American University Journal of Gender, Social Policy & the Law

No abstract provided.

Women Litigators In Search Of A Care-Oriented Judicial System, Jennifer A. Freyer

American University Journal of Gender, Social Policy & the Law

No abstract provided.

Juvenile Justice With A Future... For Juveniles, Mabél Arteaga

Cardozo Journal of Equal Rights & Social Justice

The note examines the evolution of juvenile justice systems, tracing the shift from a rehabilitative focus to increasingly punitive measures. It critiques this trend, advocating for a balanced approach that maintains procedural protections while incorporating rehabilitative programs. The author proposes a dual-purpose system that addresses societal concerns for public safety while ensuring equitable treatment and opportunities for reintegration.

Full Faith And Credit: Interstate Enforcement Of Protection Orders Under The Violence Against Women Act Of 1994, Catherine F. Klein

Scholarly Articles

This article focuses on Title II, Safe Homes for Women, specifically, interstate enforcement of protection orders. Prior to the enactment of VAWA, the majority of states did not afford full faith and credit to protection orders issued in sister states! This was a serious breach in the protection afforded victims of domestic violence. Without full faith and credit statutes, a state only has the power to protect victims of domestic violence within its boundaries, limiting the protection afforded to victims if they are forced to move or flee to another state.

Prior to the VAWA, in order to receive protection …

At The Intersection Of Injustice: Experiences Of African American Women In Crime And Sentencing, Paula C. Johnson

American University Journal of Gender, Social Policy & the Law

No abstract provided.

Waiting For Credentials: Feminist Theories Of Enforcement Of International Human Rights Law Conference On The Interventional Protection Of Reproductive Rights: Reproduction, Rights, And Reality: How Facts And Law Can Work For Women , Elizabeth K. Spahn

American University Law Review

No abstract provided.

Legal Protection For Victims Of Domestic Violence: A Guide For The Treating Physician, Jane C. Murphy

All Faculty Scholarship

No abstract provided.

Prosecutors And Domestic Violence: Local Leadership Makes A Difference, Janet E. Findlater, Dawn Van Hoek

Law Faculty Research Publications

No abstract provided.

The Anticaste Principle, Cass R. Sunstein

Michigan Law Review

In this essay, I seek to defend a particular understanding of equality, one that is an understanding of liberty as well. I call this conception "the anticaste principle." Put too briefly, the anticaste principle forbids social and legal practices from translating highly visible and morally irrelevant differences into systemic social disadvantage, unless there is a very good reason for society to do so. On this view, a special problem of inequality arises when members of a group suffer from a range of disadvantages because of a group-based characteristic that is both visible for all to see and irrelevant from a …

The Unconstitutional Conditions Doctrine And Mandating Norplant For Women On Welfare Discourse, Laurence C. Nolan

American University Journal of Gender, Social Policy & the Law

No abstract provided.

Civil, Constitutional And Criminal Justice Responses To Female Partner Abuse: Proposals For Reform, Mark Anthony Drumbl

Scholarly Articles

Female partner abuse -- the battering inflicted by heterosexual men upon their wives, common-law spouses and intimate partners -- is a pervasive phenomenon in North American society. Through a comparative analysis of the responses to female partner abuse in Buffalo (New York), Toronto and London (Ontario) this paper demonstrates that pro-arrest policing policies have a vital role in curbing conjugal violence. Nevertheless, any truly effective response to female partner abuse must link the criminal justice system with other areas of the law as well as community services. With this interdisciplinary approach as a governing paradigm, several reforms are proposed. These …

1994 Dwc Membership And Mailing Lists, American Society Of Criminology. Division On Women And Crime

Division on Women and Crime Documents and Correspondence

No abstract provided.

Women's Jury Service: Right Of Citizenship Or Privilege Of Difference?, Joanna L. Grossman

Faculty Journal Articles and Book Chapters

The Supreme Court recently declared that peremptory challenges based on sex, like those based on race, violate the Equal Protection Clause of the Fourteenth Amendment. In this note, Joanna Grossman argues that the Court has finally established the right of women to serve on juries. Women's rights advocates had fought for this right for more than a century, but courts refused to recognize that women were harmed by exclusion from juries and denied any connection between women's jury service and citizenship. Instead, courts focused on gender difference and only eliminated legal barriers to women's jury service when it was necessary …

Psychiatric Evidence Of Sexual Assault Victims: The Need For Fundamental Change In The Determination Of Relevance, Sadie Bond

Dalhousie Law Journal

What follows is a discussion of the use of evidence of the complainant's psychiatric history in sexual assault trials. I will argue that the introduction of this evidence is sought mainly for the purpose of discrediting the complainant's testimony, as part of an "attack the victim" strategy. The admissibility of this evidence as relevant is the product of unfounded myths and sex-biased, if not misogynist, views about women. This evidence is rarely, if ever, relevant and its minimal probative value is, in most cases, far outweighed by its potential for exacerbating or perpetuating sex bias in the sexual assault trial. …

Rape Discourse In Press Coverage Of Sex Crimes, Peggy Reeves Sanday

Michigan Law Review

A Review of Virgin or Vamp: How the Press Covers Sex Crimes

The Violence Against Women Act: Civil Rights For Sexual Assault Victims, W. H. Hallock

Indiana Law Journal

No abstract provided.

Battered Women Who Kill: Perspectives Of Prosecutors Who Have Tried "Burning Bed" Cases, Gena Christine Philibert-Ortega

Theses Digitization Project

No abstract provided.

Prostitution: Where Racism & Sexism Intersect, Vednita Nelson

Michigan Journal of Gender & Law

Black women find themselves in a unique and extremely difficult position in our society. They are forced to deal with the oppression that arises from being Black in a white-supremacist culture and the oppression that arises from being female in a male-supremacist culture. In order to examine the experience of being Black and female, this paper attempts to describe that very difficult, tight space where Black women attempt to survive-that space where racism and sexism intersect.

Providing Legal Protection For Battered Women: An Analysis Of State Statutes And Case Law, Catherine F. Klein, Leslye E. Orloff

Scholarly Articles

This Article presents a comprehensive survey of civil protection order statutes and state appellate opinions in all fifty jurisdictions, the District of Columbia, and Puerto Rico. We examine recent developments and trends, and highlight innovations. We include recommendations for further legislative reform and for creative development of case law. We have incorporated available social science research, the published policies and recommendations of judicial authorities, and the legal literature written by domestic violence experts. Moreover, our recommendations are based on our experience as domestic violence advocates. Each of us has represented battered women in court for more than a decade.

In …

Perinatal Substance Abuse: The Rhetoric And Reality Of 'Rights,' And Beyond And A Recent Bibliography, Sam S. Kepfield

Cardozo Journal of Equal Rights & Social Justice

The article critiques the legal system's handling of perinatal substance abuse (PSA), arguing that current approaches are ineffective and unjust. It proposes a new legal framework focusing on harm and causation, advocating for universal prenatal care and non-punitive solutions to address the root causes of PSA.

Despair And Redemption In The Feminist Nomos, Thomas Ross

Indiana Law Journal

No abstract provided.

Getting To Know: Honoring Women In Law And In Fact, Lynne Henderson

Scholarly Works

No abstract provided.

Decriminalizing Prostitution: Liberation Or Dehumanization?, Carlin Meyer

Cardozo Journal of Equal Rights & Social Justice

The article argues that criminalizing prostitution perpetuates the exploitation and marginalization of women, particularly those from disadvantaged backgrounds. The author advocates for decriminalization as a necessary step towards empowering sex workers, highlighting how current legal frameworks fail to protect them and instead exacerbate their vulnerability. The thesis emphasizes the need for systemic change to address the societal structures that drive women into prostitution.

Decriminalizing Prostitution: Liberation Or Dehumanization?, Carlin Meyer

Articles & Chapters

No abstract provided.

Legitimating The Illegitimate: A Comment On 'Beyond Rape', Robin West

Georgetown Law Faculty Publications and Other Works

Professor Dripps's provocative proposal, as I understand it, is that we think of sex as a commodity and rape as the theft of that commodity. Understood as such, the theft of sex accomplished through violence or the threat of violence is a twofold wrong: it violates our "negative" right to refuse to have sex with anyone for any or no reason, and violence or the threat of violence infringes our right to personal, physical security. Therefore, the violent expropriation of sex should be punished as a major felony, as is violent rape, at least in theory.
  
Furthermore, according to Dripps, …

Battered Women: A Perspective On Injustice, Michael Dowd

Cardozo Journal of Equal Rights & Social Justice

The article examines the historical and legal challenges faced by battered women, particularly in the context of self-defense claims. It traces the roots of spousal abuse to early social and religious norms that subjugated women, leading to a legacy of systemic injustice. The traditional self-defense doctrine, based on an assumption of equal physical confrontation, often fails to protect battered women, forcing them to rely on mental disease defenses. Expert testimony on battered woman syndrome has gained recognition, aiding some women who kill their abusers, but its impact varies. The article critiques the legal system's inadequate support for battered women, emphasizing …

Gender-Related Persecution: A Legal Analysis Of Gender Bias In Asylum Law, Sunny Kim

American University Journal of Gender, Social Policy & the Law

No abstract provided.

A Feminist Critique Of Mandatory Arrest: An Analysis Of Race And Gender In Domestic Violence Policy, Miriam H. Ruttenberg

American University Journal of Gender, Social Policy & the Law

No abstract provided.

The Political Economy Of Female Violent Street Crime, Deborah Baskin, Ira Sommers, Jeffrey A. Fagan

Faculty Scholarship

Ten years after the U.S. Attorney General's Task Force on Violent Crime considered problems of violence in the United States, and on the heels of a National Academy Sciences report on violence, the nation seems poised to begin a new "war on violence." Past "wars" on crime problems, including the recently stalemated "war on drugs" have focused primarily on males. This one promises to be no different. Violence continues to be viewed as the province of young males in urban areas. According to the Uniform Crime Reports, over 75% of homicide victims in 1990 were males, and over 85% of …

Getting To Know: Honoring Women In Law And In Fact, Lynne N. Henderson

Articles by Maurer Faculty

No abstract provided.