Digital Commons Network^™

Autonomy Feminism: An Anti-Essentialist Critique Of Mandatory Interventions In Domestic Violence Cases, Leigh S. Goodmark

Faculty Scholarship

No abstract provided.

Passions We Like… And Those We Don't: Anti-Gay Hate Crime Laws And The Discursive Construction Of Sex, Gender, And The Body, Yvonne Zylan

Michigan Journal of Gender & Law

This Article proceeds as follows. In Part II, the author catalogs the history of anti-gay hate crime laws in the United States, describing the rapid spread of state-level laws extending race- and religion-based hate crime laws to LGB people. The Article also provides an overview of federal legislation addressing anti-gay hate crime. In Part III, it examines the policy environment within which anti-gay hate crime laws have been, and continue to be, considered. Specifically, the jurisprudential frameworks that shape, define, and constrain discourses of equality, rights, and social identity are analyzed. The argument is made that the policy environment of …

Tolerance Of Sexual Harassment: A Laboratory Paradigm, D. J. Angelone, Damon Mitchell, Kara Carola

Title IX Research and Resources

The present study attempted to develop a laboratory analogue for the study of tolerance for sexual harassment by using an online speed-dating paradigm. In that context, the relation between participants’ sexual harassment attitudes, perpetrator attractiveness, perpetrator status, and perceived dating potential of the perpetrator were examined as factors influencing participants’ tolerance of sexually harassing behavior. Participants were 128 female college students from a small northeastern public university. Results indicated that attractiveness, high social status, and attitudinal beliefs about sexual harassment were all predictive of tolerance for sexual harassment, providing preliminary support for the validity of this paradigm. In addition, participants’ …

Prisons Must Cease Re-Traumatizing Women: A Call For Gender-Responsive Programs That End The Cycle Of Abuse, Sally Abrahamson

Legal Writing Competition Winners

“They break us out there and then more in here. And they don't do anything to build us back up.” This is a quote from a woman serving thirty-one years for assault and crack-cocaine possession. Like many other incarcerated women, she has a history of being in domestically abusive relationships. Prison, she said, felt like an extension of feeling the same hopelessness she did before entering prison. Using drugs was a means to escape the reality of abuse and poverty. Her time in prison further disempowered her economically and socially, as she received no job-training and lost many of her …

Silencing Tory Bowen: The Legal Implications Of Word Bans In Rape Trials, 43 J. Marshall L. Rev. 215 (2009), Randah Atassi

UIC Law Review

No abstract provided.

Of Sexual Bondage: The 'Legitimate Penological Interest' In Restricting Sexual Expression In Women's Prisons, Joanna E. Saul

Michigan Journal of Gender & Law

Despite its prevalence, sexual expression among inmates is currently prohibited in United States prisons. Recent scholarship, however, has advocated allowing certain types of sexual expression in women's prisons. The advocates of such a position differentiate between different types of sex within the correctional system: sexual expression that the system has no interest in prohibiting and should not bar, and sex acts that the system does have an interest in prohibiting and should continue to regulate. This position is based on the dual assumptions that, first, women in prison as a collective unit would benefit from some types of sexual expression, …

In The Name Of Fetal Protection: Why American Prosecutors Pursue Pregnant Drug Users (And Other Countries Don't), Linda C. Fentiman

Elisabeth Haub School of Law Faculty Publications

For more than three decades, American prosecutors have been bringing criminal prosecutions against pregnant women based on their use of drugs while pregnant, with charges ranging from child abuse or neglect to murder. Almost all of these women are poor, and the vast majority are also women of color--many with histories of childhood sexual or physical abuse and mental disability. In all but three states-Alabama, Kentucky, and South Carolina--such prosecutions have been declared unconstitutional or the resulting convictions have been overturned. Nonetheless, prosecutions continue to be brought, in what can only be described as a crusade against pregnant women in …

Student Gladiators And Sexual Assault: A New Analysis Of Liability For Injuries Inflicted By College Athletes, Ann Scales

Michigan Journal of Gender & Law

This Article will focus on an issue that was probably not on the minds of 19th century educators, nor primarily on the minds of the legions of present-day academic critics of intercollegiate sports. Namely, this Article explores the ways in which big-time athletics- particularly football-normalize and encourage harms to women, including educational and sexual harms. The author’s theses depend upon acknowledging certain open secrets about college football: that it is a celebration of male physical supremacy (measured by male standards); that it is something that society lets males do and have as their sport, for reasons both good and bad; …

Medical Hope, Legal Pitfalls: Potential Legal Issues In The Emerging Field Of Oncofertility, Gregory Dolin, Dorothy E. Roberts, Lina M. Rodriguez, Teresa K. Woodruff

All Faculty Scholarship

The article will begin its discussion by identifying the values at stake in the field of oncofertility. These values include the constitutional protection of the rights of women and minors to bear children and to use reproduction-assisting technologies, as well as the feminist critique of gendered expectations that may pressure women to use these technologies.

Part III will focus on the medical options of oncofertility. It will also discuss some conditions that may lead otherwise fertile and young patients to lose their ability to bear children as a side-effect of necessary medical treatment. The article will then proceed to discuss …

The State As Batterer: Learning From Family Law To Address American's Family-Like Racial Dysfunction, Angela Mae Kupenda

Journal Articles

The women's movement for equality bootstrapped to the movement for equality for Blacks. Now the reverse can happen. This Article uses family law and the plight of some battered women, as a lens to address analogous racial conflicts in the broader American family.

A Literature Review And Analysis Of Prison Offences And Punishments In England And Wales In 2007 By Gender, Catharine Phillips

Theses : Honours

It is commonly agreed by scholars, members of the criminal justice system and the general public that court imposed sentences at times differ depending on the gender of the offender. However, there has been little empirical research conducted in regards to gender differences related to offending and discipline within prisons. The few published studies have reported contradictory results. Prison discipline is an essential part of upholding the good order and security of prisons along with maintaining the safety of prison staff, visitors, prisoners and the general public. The proposed research will identify any discrepancies between the punishments handed to male …

The Economic Roots Of Domestic Violence, Donna Coker

Articles

No abstract provided.

When Gender Meets Sex: An Exploratory Study Of Women Who Seduce Adolescent Boys, Kay L. Levine

Faculty Articles

This article describes the origins, design, and implications of a new study exploring female-perpetrated statutory rape against ado­lescent boys in the United States. In contrast to both legal frame­works, which typically regard statutory rape as a male-on-female phenomenon, and existing literature from the fields of psychology and psychiatry derived from clinical samples and sex offender reg­istries, this study examines the incidence of female-perpetrated stat­utory rape using data from electronic news reports covering the period 1990-2008. In this short article, the author explains the ad­vantages of her approach over those taken by prior scholars, in terms of the size of the …

Obstacles On The Road To Gender Justice: The International Criminal Tribunal For Rwanda As Object Lesson, Beth Van Schaack

Faculty Publications

Although the substantive law concerned with gender violence is now well established, and the principle of legality can no longer serve as a barrier to prosecutions for gender violence, significant obstacles remain to ensuring a robust system of gender justice in international criminal law in the face of continued violations. These obstacles are less visible than defects in positive law because they emerge in the practice of international criminal law at crucial yet shrouded stages of the penal process: investigation, charging, pre-trial plea negotiations, trial preparation, theprovision of protective measures, and appeals. Most importantly, strong positive law is irrelevant where …

Rape, Feminism, And The War On Crime, Aya Gruber

Publications

Over the past several years, feminism has been increasingly associated with crime control and the incarceration of men. In apparent lock step with the movement of the American penal system, feminists have advocated a host of reforms to strengthen state power to punish gender-based crimes. In the rape context, this effort has produced mixed results. Sexual assault laws that adopt prevailing views of criminality and victimhood, such as predator laws, enjoy great popularity. However, reforms that target the difficulties of date rape prosecutions and seek to counter gender norms, such as rape shield and affirmative consent laws, are controversial, sporadically-implemented, …

Talvi, Women Behind Bars: The Crisis Of Women In The U.S. Prison System, Giovanna Shay

Pace Law Review

No abstract provided.

Goodman & Epstein, Listening To Battered Women: A Survivor-Centered Approach To Advocacy, Mental Health And Justice, Julie Goldscheid

Pace Law Review

No abstract provided.

Temkin & Krahe, Sexual Assault And The Justice Gap: A Question Of Attitude, Elisabeth Mcdonald

Pace Law Review

No abstract provided.

Obstacles On The Road To Gender Justice: The International Criminal Tribunal For Rwanda As Object Lesson , Beth Van Schaak

American University Journal of Gender, Social Policy & the Law

No abstract provided.

Lessons From The Special Court For Sierra Leone On The Prosecution Of Gender-Based Crimes, Valerie Oosterveld

American University Journal of Gender, Social Policy & the Law

No abstract provided.

Decisional Dignity: Teenage Abortion, Bypass Hearings, And The Misuse Of Law, Carol Sanger

Faculty Scholarship

How might we think about reforming abortion regulation in a world in which the basic legality of abortion may, as a matter of constitutional law, at last be relatively secure? I have in mind the era just upon us in which the overturn of Roe v. Wadeno longer looms so threateningly over the reproductive rights community in the United States and is no longer necessarily its central concern. There is now a general and seemingly well-founded optimism that under the Obama administration, those who support and rely on reproductive rights will not have to pray nightly for the health …

We Can Do Better: The State Of Custodial Misconduct By Correctional Staff In New York, Tanyika Brime

Cardozo Journal of Equal Rights & Social Justice

The note examines a class action lawsuit filed by female inmates against the New York Department of Correctional Services (DOCS), alleging widespread sexual misconduct by correctional staff and constitutional violations. The court ultimately dismissed most claims due to procedural issues, such as failure to exhaust administrative remedies, except for one plaintiff. The analysis highlights systemic failures in addressing prison sexual abuse and advocates for comprehensive legal reforms and external oversight to protect vulnerable inmates.

2009 Survey Of Books Related To Women And The Law: Review: Locked Up, Overlooked: Women Behind Bars: The Crisis Of Women In The U.S. Prison System, Giovanna Shay

Faculty Scholarship

The Author reviews journalist Silja Talvi’s Women Behind Bars: The Growing Crisis of Women in the U.S. Prison System (“Women Behind Bars”) which presents an engaging overview of issues affecting incarcerated women. It succinctly illustrates some of the important connections involving the War on Drugs, racial disparity, and the high rate of substance abuse and physical and sexual abuse among incarcerated women. Each of the chapters could be assigned on its own to a class or reading group. While Talvi states that she is not trying to write a scholarly book, as a contribution to public discourse, Women Behind Bars …

Locked Up, Overlooked: Women Behind Bars: The Crisis Of Women In The U.S. Prison System, Giovanna Shay

Faculty Scholarship

Journalist Silja Talvi’s Women Behind Bars: The Growing Crisis of Women in the U.S. Prison System (“Women Behind Bars”) is an engaging overview of issues affecting incarcerated women. It succinctly illustrates some of the important connections involving the War on Drugs, racial disparity, and the high rate of substance abuse and physical and sexual abuse among incarcerated women. Each of the chapters could be assigned on its own to a class or reading group. While Talvi states that she is not trying to write a scholarly book, as a contribution to public discourse, Women Behind Bars furthers the goal of …

A Shift Toward Gender Equality In Prosecutions: Realizing Legitimate Enforcement Of Crimes Committed Against Women In Municipal And International Criminal Law, Tamara F. Lawson

Articles

A new era of law enforcement has emerged recognizing the importance of punishing gender-specific violence. This first wave of "gender-sensitive prosecutors" has changed the way crimes against women are handled in the criminal justice system. The enactment of gender neutralizing laws and policies has dramatically improved the enforcement of crimes against women and attempts to end the era of impunity. This Article addresses the changes in prosecutions and further considers international human rights treaties that require gender equality in law enforcement.

In criminal law, it is the willingness of a prosecutor to exercise his or her discretionary authority to file …

Bound By Injustice: Challenging The Use Of Shackles On Incarcerated Pregnant Women, Dana Sussman

Cardozo Journal of Equal Rights & Social Justice

The use of shackles to restrain a pregnant woman during the birthing process is a barbaric practice that needlessly inflicts excruciating pain and humiliation. It is widely condemned by members of the international community, including leading medical and public health associations. Although human rights advocates have effected significant policy change in the past ten years to eliminate the use of shackles on women in labor, it remains routine practice in many American prisons and jails. Reproductive rights advocates should consider this a reproductive justice issue and build on the gains of the human rights community to bring legal claims challenging …

What To Expect: Legal Developments And Challenges In Reproductive Justice

Cardozo Journal of Equal Rights & Social Justice

No abstract provided.

Annotated Legal Bibliography On Gender

Cardozo Journal of Equal Rights & Social Justice

No abstract provided.

Annotated Legal Bibliography On Gender

Cardozo Journal of Equal Rights & Social Justice

No abstract provided.

Girls Gone Wild And Rape Law: Revising The Contractual Concept Of Consent & (And) Ensuring An Unbiased Application Of Reasonable Doubt When The Victim Is Non-Traditional , Michele Alexander

American University Journal of Gender, Social Policy & the Law

No abstract provided.