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The Last Line Of Defense: The Doctrine Of Command Responsibility, Gender Crimes In Armed Conflict, And The Kahan Report (Sabra & Shatilla), Sherrie L. Russell-Brown

ExpressO

“THE LAST LINE OF DEFENSE” addresses using the doctrine of command responsibility - the doctrine according to which military and non-military leaders can be held individually criminally responsible for the crimes committed by their subordinates - before the International Criminal Court (ICC) as a way to prevent gender crimes in armed conflict. The prevention of gender crimes in armed conflict is an important issue for a variety of reasons. One extremely important reason is the connection that the United Nations has cited between the AIDS pandemic in Sub-Saharan Africa and rape in armed conflict. In addition, in the August 25, …

Trafficking As A Human Rights Violation: The Complex Intersection Of Legal Frameworks For Conceptualizing And Combating Trafficking, Joan Fitzpatrick

Michigan Journal of International Law

The author will focus on three legal instruments: (1) the 2000 Protocol to Prevent, Suppress and Punish Trafficking in Persons, Especially Women and Children, supplementing the United Nations Convention Against Transnational Organized Crime (the Trafficking Protocol); (2) the Victims of Trafficking and Violence Protection Act (VTVPA), enacted by the U.S. Congress in 2000; and (3) the regulations issued in 2002 by the U.S. Department of Justice to implement the T visa for trafficking victims. The U.S. response to trafficking illustrates the difficulties faced by human rights advocates in source, transit, and destination countries to insure that anti-trafficking and other migration …

Mothering, Crime And Incarceration, Kathleen J. Ferraro, Angela M. Moe

Sociology Faculty Publications

This article examines the relationships between mothering, crime, and incarceration through the narratives of thirty women incarcerated in a southwestern county jail. The responsibilities of child care, combined with the burdens of economic marginality and domestic violence, led some women to choose economic crimes or drug dealing as an alternative to hunger and homelessness. Other women, arrested for drug- or alcohol-related crimes, related their offenses to the psychological pain and despair resulting from loss of custody of their children. Many women were incarcerated for minor probation violations that often related to the conflict between work, child care, and probation requirements. …

Parallel Lives, Uneven Justice: An Analysis Of Rights, Protection And Redress For Refugee And Internally Displaced Women In Camps, Malinda M. Schmiechen

Saint Louis University Public Law Review

No abstract provided.

Malign Neglect Or Benign Respect: Women’S Health Care In A Carceral Setting, Angela M. Moe, Kathleen J. Ferraro

Sociology Faculty Publications

A central tenet of feminist criminological scholarship is the examination of women’s experiences with crime and incarceration through their own narratives. Through semi-structured interviews with thirty jailed women, this article examines carceral conditions through the critical lens of the female inmate. Highlighted in this article is the availability and quality of health care in a detention center in Arizona. The findings indicate a contentious duality, exposing both heinous neglect and benign solicitude in the care delivered to jailed women. This duality is situated within the dismal health care system available to indigent women in the region.

Battering, Forgiveness And Redemption, Brenda V. Smith

Project on Addressing Prison Rape - Articles

While there has been some acknowledgement that battered women kill, there has been less acceptance that battered women may have been arrested for some other offense. Can those fallible women be “forgiven” for their offenses and allowed to receive the community affirmation, validation, social services, and protection that other battered women receive? This Article focuses on a topic that, though discussed, has frequently been dismissed in the domestic violence discourse; battered women’s forgiveness of their batterers and battered women’s process of forgiving themselves for participating in the relationship.

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 …

2003 Philip C. Jessup International Law Moot Court Competition International Court Of Justice, Moirah Sanchez, Carlos Hurtado, Anneliese Fleckenstein, Jose Gregorio Rojas

ILSA Journal of International & Comparative Law

This dispute arises from the Dysfuntian civil war between Restonian and Cascadian militias, resulting in the creation of Reston (Respondent)-a developing State-and Cascadia (not party to the case).

Characteristics And Follow-Up Of Adult Female Victims Of Recent Sexual Assault, Anita Boykins

Theses and Dissertations (ETD)

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.

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.

Title Vii Quid Pro Quo And Hostile Environment Sexual Harassment Claims: Changing The Legal Framework Courts Use To Determine Whether Challenged Conduct Is Unwelcome, Elsie Mata

University of Michigan Journal of Law Reform

In examining the nature of sexual harassment claims, the author challenges the use of the "unwelcomeness" element to distinguish actionable conduct from nonactionable conduct. The author contends that the "unwelcomeness" element demeans women in two ways: (1) it assumes the male perspective and presumes that the plaintiff appreciated the challenged conduct unless she proves otherwise; and (2) it allows the defense to engage in intrusive, irrelevant, and damaging inquiries as it attempts to refute the plaintiff's allegation that the challenged conduct was unwelcome.

The author argues for three reforms. First, courts should shift the burden of proving that the challenged …

The Express: April 12, 2001, Taylor University Fort Wayne

2000-2001 (Volume 5)

Baker, Laster accept new positions — Jones, Webb to leave; Hensley to teach at Regent for a year — Smoke leads to Bethany evacuation — Student Senate in session — Gyertson inauguration complete — Survivor 3…TUFW? — Making TUFW a better place — Beware of the coat-eating chairs — Campus Safety Director’s family adopts a little Shirley Temple — The Thursday morning battle — TUFW welcomes two new, young additions — Baseball opens up season on tough note — Soccer players’ offseason seasons them for next season — The Intramural Top Five — Dr. Jarvis recovery proceeds — Living healthier

Mainstream Legal Responses To Domestic Violence Versus Real Needs Of Diverse Communities, Elizabeth Murno, Jessica F. Vasquez

Fordham Urban Law Journal

Keynote speaker Marcia Ann Gillespie, editor-in-chief of Ms. Magazine, discussed the importance of getting to the root of what makes violence against women. She stressed the importance of looking at what makes men act violent, taking down barriers of reporting violence, and analyzing other contributing factors. Panelist Aurora Salamone from the New York City Department for the Aging then discussed domestic abuse against elders, stressing that domestic violence in the household does not all the sudden stop at a certain age. Panelist Kimberly A. Madden from from the Jewish Association for Services of the Aged discussed how violence against elders …

Reinforcing The Myth Of The Crazed Rapist: A Feminist Critique Of Recent Rape Legislation, Christina E. Wells, Erin Elliott

Faculty Publications

Part I of this article reviews these new legislative provisions, discussing their requirements as well as the general impetus behind their enactment. Part II discusses both the history of rape prosecution and feminist efforts in the 1970s and 1980s to eliminate barriers to successful rape prosecutions. This part also elaborates upon the myth of the crazed rapist and its relationship to feminist reform efforts. Part III explains how the current legislation is rooted in and reinforces that myth by encouraging unsupportable distinctions among rape defendants. Finally, Part IV discusses the feminist response to such laws and argues for a more …

Gender Based Violence As Judicial Anomaly: Between "The Truly National And The Truly Local", Deborah M. Weissman

Faculty Publications

No abstract provided.

Testing Poor Pregnant Women For Cocaine: Physicians As Police Investigators, George J. Annas

Faculty Scholarship

In 1989, Supreme Court Justice Thurgood Marshall surmised that “declaring a war on illegal drugs is good public policy . . . [but] the first, and worst, casualty of war will be the precious liberties of our citizens.” The same year, in the midst of President George Bush's “war on drugs,” the Medical University of South Carolina initiated a program to screen selected pregnant patients for cocaine and to provide positive test results to the police. At a time of high public concern about “cocaine babies,” this program seemed reasonable to the university and local public officials. Drug-screening programs in …

Coping Styles Of African American Women Who Have Or Have Not Experienced Physical Abuse, Pamela L. Huntspon

Theses

The purpose of the study was to explore the coping styles of African American women and determine if different coping styles exist between those women who have experienced abuse versus those who have not. In this study, 60 African American women living in St. Louis, Missouri were obtained using a convenience volunteer sample from several sites which included a unisex hair salon, a center for women experiencing physical and sexual abuse and two community agencies serving the needs of low income families. They were administered the Coping Responses Inventory (Actual Form) and a demographic questionnaire.

Results of independent sample t-test …

Creating Correctional Alternatives For Nonviolent Women Offenders And Their Children, Myrna S. Raeder

Saint Louis University Law Journal

No abstract provided.

Effects Of Gender Role Socialization And Investments In Human Capital On The Decision Of A Woman With Children Under School Age To Work Outside The Home, Marion A. Edrington

Sociology & Criminal Justice Theses & Dissertations

The decision of whether or not to work while one's children are under school age is one that is faced by millions of women each year. Using data from the General Social Survey, this study was designed to address the research question: What are the factors that influence the decision of a woman with children under school age to work outside the home full-time, part-time or not at all? The specific effects of gender role socialization and investments in human capital were explored in depth. This study found that both gender role socialization and investments in human capital do have …

No Women At The Center: The Use Of The Canadian Sentencing Circle In Domestic Violence Cases, Rashmi Goel

Sturm College of Law: Faculty Scholarship

For Canadian Aboriginal women, domestic violence is pervasive. A report by the Ontario Native Women’s Association indicates that eighty percent of Aboriginal women surveyed had personally experienced family violence. In this context, Rashmi Goel looks at the use of sentencing circles to respond to wrongdoing by Aboriginal people. Current Aboriginal justice initiatives emphasize a return to traditional values and processes, manifested in one way in the sentencing circle. Yet, states Goel, such initiatives fail to restore Aboriginal women to their honored place. Contemporary Canadian sentencing circles exemplify this problem; they further injure victims in several respects. Hence, Goel argues that …

A Matter Of Principle And Consistency: Understanding The Battered Woman And Cultural Defenses, Sharan K. Suri

Michigan Journal of Gender & Law

To adequately explain and argue why feminists, as a matter of legal theory, must take both the BWS and cultural defenses seriously, these defenses need further elaboration. Section I details what these defenses are, how they developed, and how they work in the justice system. Section II enlarges the picture by revealing the similarities between the two defenses which share not only the same theoretical and practical goals, but also the same criticisms and flaws highlighted by scholars. Finally, Section III asserts that cultural evidence and evidence of battering must be admitted to show the absence of mens rea. However, …

Dowry Deaths: Proposing A Standard For Implementation Of Domestic Legislation In Accordance With Human Rights Obligations, Namratha S. Ravikant

Michigan Journal of Gender & Law

This article discusses the due diligence standard of governmental responsibility, and measures the adequacy of India's implementation of its national dowry death legislation in accordance with its international human rights obligations. India has enacted legislation designed to combat dowry violence. Although India's laws seem to follow the letter of its international human rights obligations, the country violates the spirit of human rights by lacking an actual commitment to implement this legislation. This Article demonstrates and examines India's breach of its duty of due diligence. Such a breach constitutes government complicity in condoning and perpetuating dowry deaths, which violate women's human …

Promoting Life Management Skills To Enhance Employment Among Women Receiving Services From The Division Of Workforce Services, Cheryl Cheek

All Graduate Theses and Dissertations, Spring 1920 to Summer 2023

Erikson's theory of identity development and Marcia's model of identity statuses serve as a framework for this examination of the relationship between women's identity status and employment. The hypotheses of the study were that women with an achieved identity status would be more likely to obtain and retain employment and that interventions would increase their scores on identity-related subscales.

Phase I of this study examined the relationship between identity development and employment among 203 women receiving public assistance. Subjects provided employment and public assistance histories and were categorized into three preferred cognitive styles according to responses to the Berzonsky Cognitive …

Traffic Jam: Recommendations For Civil Penalties To Curb The Recent Trafficking Of Women From Post-Cold War Russia, Christopher M. Pilkerton

Michigan Journal of Gender & Law

This Article will examine the recent criminal trend of trafficking women from post-Cold War Russia into the United States. First, it will examine the Russian mafia and its development. It will also discuss the system of economic corruption that currently exists in Russia, which facilitates government involvement with this criminal activity. It will further investigate the issues surrounding trafficked women and the international anti-trafficking conventions that have been created by the United Nations. Next, it will go into a deeper discussion of the current status of relevant international law and the issues involving the International Criminal Court. Finally, this Article …

Be Careful What You Wish For: An Examination Of Arrest And Prosecution Patterns Of Domestic Violence Cases In Two Cities In Michigan, Andrea D. Lyon

Michigan Journal of Gender & Law

This Article will examine six months of data on arrests for domestic violence in the cities of Ypsilanti and Ann Arbor. In order to be able to interpret what the data means Lyon did some other research. The results were surprising- for example, although women tend to be injured most severely by domestic violence, they use violence in intimate relationships a little more often than men. Part I of this Article traces a brief history of domestic violence and discusses the issue of who commits domestic violence, Part II discusses the "must arrest" and "should arrest" policies and their history, …

The Charleston Policy: Substance Or Abuse?, Kimani Paul-Emile

Michigan Journal of Race and Law

In 1989, the Medical University of South Carolina (MUSC) adopted a policy that, according to subjective criteria, singled out for drug testing, certain women who sought prenatal care and childbirth services would be tested for prohibited substances. Women who tested positive were arrested, incarcerated and prosecuted for crimes ranging from misdemeanor substance possession to felony substance distribution to a minor. In this Article, the Author argues that by intentionally targeting indigent Black women for prosecution, the MUSC Policy continued the United States legacy of their systematic oppression and resulted in the criminalizing of Black Motherhood.