Digital Commons Network^™

Battered Women: Exploring Motivating Factors To Leave Or Remain In Violent Relationships, Lora Ellen Kirn

UNLV Retrospective Theses & Dissertations

The current study explores factors motivating women to leave or remain in violent relationships from an interactionist perspective. Literature reviewed will integrate gender socialization and labeling with studies on domestic violence to investigate a woman's role in becoming a victim and her responses to violent relationships. Interview data from women residing in a domestic violence shelter examine the label "battered woman" insofar as it may serve as a catalyst for leaving an abusive relationship once a woman identifies with being a battered woman. Further, a woman's view of her role, commitment to family maintenance, and children in the home are …

Women In Prison: Do Visits From Children Influence Inmate Behavior?, Melissa Marie Cozad

UNLV Retrospective Theses & Dissertations

The number of women in prison is increasing at an alarming rate in the United States today. Because nearly 75 percent of incarcerated women are mothers of minor children, the issue of maintaining family relations deserves special attention. This study examines child visitation and its relationship to female behavior inside the priSon If women who receive visits adjust more easily to prison life, prison administrators would be wise to note these benefits; Data was collected at a private female prison in North Las Vegas, Nevada. Information on visitation and disciplinary infractions was gathered from inmate files and visitation records at …

The Diminishing Sphere Of The Cooperative Virtues In American Law And Society, Ana M. Novoa

Faculty Articles

Exploration of destructive developments in American law and society show that family law is completely askew. Although family law deals with the most intimate and basic personal relationships, it applies a legal process based on autonomous individual public and private economic rights to those intimate relational realities. It is a hallowed expression of male virtues and a paradigmatic example of the use of the law to protect vested interests and shape society, rather than a reflection of reality.

The split between the private/family/female and the public/business/male spheres of the nineteenth century created the separation of competitive attributes, virtues, and vices …

Sexual Harassment In The Military: Time For A Change Of Forum , Michael I. Spak, Jonathan P. Tomes

Cleveland State Law Review

This article will review the current status of sexual harassment in the military, discuss why courts-martial are ineffective in punishing and deterring sexual harassment, and suggest that permitting sexual harassment claims in a forum other than the military justice system would help deter future sexual harassment in the military at no greater cost to military discipline and preparedness than is inherent in the current system.

New Voices In The Nation: Women And The Greek Resistance, 1941-1964, By Janet Hart, Gerasimos Augustinos

Faculty Publications

Reviews the book New Voices in the Nation: Women and the Greek Resistance, 1941-1964, by Janet Hart.

Striking The Rock: Confronting Gender Equality In South Africa, Penelope E. Andrews

Michigan Journal of Race and Law

This Article analyzes the status of women's rights in the newly democratic South Africa. It examines rights guaranteed in the Constitution and conflicts between the principle of gender equality and the recognition of indigenous law and institutions. The Article focuses on the South African transition to democracy and the influence that feminist agitation at the international level has had on South African women's attempts at political organization. After dissecting the historical position of customary law in South Africa and questioning its place in the new democratic regime. The author argues that, although South African women have benefited from the global …

Feminism And Defending Men On Death Row, Phyllis L. Crocker

Law Faculty Articles and Essays

In this Essay I explore the relationship between being a feminist and representing men on death row. It is appropriate to engage in this inquiry in considering how the law has developed in the twenty-five years since Furman v. Georgia. During that time both Furman and the advent of feminist legal theory have required a restructuring in the way we think about two fundamental legal questions: for death penalty jurisprudence, how and why we sentence an individual to death; and for feminist jurisprudence, how the law views crimes of violence against women. The relationship between these two developments becomes apparent …

Feminism And Defending Men On Death Row Symposium: Thoughts On Death Penalty Issues 25 Years After Furman V. Georgia., Phyllis L. Crocker

St. Mary's Law Journal

In this Essay I explore the relationship between being a feminist and representing men on death row. It is appropriate to engage in this inquiry in considering how the law has developed in the twenty-five years since Furman v. Georgia. During that time both Furman and the advent of feminist legal theory have required a restructuring in the way we think about two fundamental legal questions: for death penalty jurisprudence, how and why we sentence individuals to death; and for feminist jurisprudence, how the law views crimes of violence against women. The relationship between these two developments becomes apparent when …

Into The Blue: A Celebration Of 80 Years For Women In Policing In Western Australia, Mel Ainsworth, Duane Bell, Irene Froyland

Research outputs pre 2011

No abstract provided.

Women, The Law, And Cults: Three Avenues Of Legal Recourse: New Rape Laws, Violence Against Women Act, And Antistalking Laws, Robin A. Boyle

Faculty Publications

The author examines three avenues of legal recourse that are available to society at large, but may not be well-known to women in cults, their families, and their potential mental health providers. These avenues for recourse are improved rape laws now available in every state; recently-enacted federal legislation -- the 1994 Violence Against Women Act; and recently-enacted state and federal antistalking laws. The author developed this article from her speech delivered at the annual American Family Foundation conference on May 30, 1997, in Philadelphia, PA.

Her Honor: An Islamic Critique Of The Rape Laws Of Pakistan From A Woman-Sensitive Perspective, Asifa Quaraishi

Michigan Journal of International Law

This article critiques the rape laws of Pakistan from an Islamic point of view which is careful to include women's perspectives in its analysis. Unlike much of what is popularly presented as traditional Islamic law, this woman-affirming Islamic approach will reveal the inherent gender-egalitarian nature of Islam, which is too often ignored by its academics, courts, and legislatures. This article will demonstrate how cultural patriarchy has instead colored the application of certain Islamic laws in places like Pakistan, resulting in the very injustice which the Quran so forcefully condemns.

Human Rights In India - Fifty Years After Independence, Vijayashiri Sripati

Denver Journal of International Law & Policy

No abstract provided.

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.

Whose Justice? Which Victims?, Lynne Henderson

Michigan Law Review

A Review of George Fletcher, With Justice for Some: Victim's Rights in Criminal Trials

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, …

"What's So Magic[Al] About Black Women?" Peremptory Challenges At The Intersection Of Race And Gender, Jean Montoya

Michigan Journal of Gender & Law

This Article addresses the evolving constitutional restraints on the exercise of peremptory challenges in jury selection. Approximately ten years ago, in the landmark case of Batson v. Kentucky, the United States Supreme Court held that the Equal Protection Clause forbids prosecutors to exercise race-based peremptory challenges, at least when the excluded jurors and the defendant share the same race. Over the next ten years, the Court extended Batson's reach.

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.

The Recommendations Of The International Conference On Population And Development: The Possibility Of The Empowerment Of Women In Egypt, Jennifer Jewett

Cornell International Law Journal

No abstract provided.

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

West Virginia Law Review

No abstract provided.

Dangerous Women, Dangerous Times: Women At The Nevada State Prison, 1890-1930, Donna Crail-Rugotzke

UNLV Retrospective Theses & Dissertations

This work examines the treatment Nevada's female prisoners received from Nevada's press, courts, and the Nevada State Prison from 1890 to 1930. It argues that gender perspectives held by Nevada's criminal justice officials caused them to treat female criminals both benevolently and harshly. This thesis also compares the treatment of minority women with Anglo women and finds minority women also received mixed treatment. Factors used to judge treatment include the sentences women received, how much of these sentences they served, the living conditions they faced at the Nevada State Prison and the conditions of their paroles and pardons.

Putting Women First, Mary I. Coombs

Articles

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.

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 …

Alaska Justice Forum ; Vol. 11, No. 1 (Spring 1994), Teresa W. Carns, N/A Bureau Of Justice Statistics, N/A Uaa Justice Center

Vols 11-20 (1994-2004)

The Spring 1994 issue of the Alaska Justice Forum summarizes a report prepared for the Alaska Judicial Council which describes existing state criminal justice computer information systems in Alaska and makes recommendations for improved connectivity and coordination between them. According to the Bureau of Justice Statistics, the number of women in state prisons grew 75 percent from 1986 to 1991, with women comprising 5.2 percent of all prisoners (up from 4.7 percent in 1986). Figures on guns and crime nationally and in Alaska are presented based on data from the Bureau of Justice Statistics and the FBI’s Uniform Crime Reporting …

Alaska Justice Forum ; Vol. 10, No. 4 (Winter 1994), Phyllis Morrow, N/A Bureau Of Justice Statistics, Teresa W. Carns

Vols 01-10 (1977-1994)

The Winter 1994 issue of the Alaska Justice Forum examines some of the salient issues surrounding language, interaction, and legal interpretation in Alaska situations. Associated stories describe policies on interpretation in federal and state courts in Alaska and examples of errors in translation between Yup'ik and English in actual courtroom situations. A National Crime Victimization Survey (NCVS) report finds that more than 2.5 million women in the United States experience violence annually; although are significantly less likely to become victims of violent crime than men, women are more vulnerable to particular types of perpetrators, including intimates such as husbands or …

Rape Law Reform's Limits, Beth Ann Richman

Honors Papers

The first that I will explore is the criticism of the wording of the law. Defining the crime of rape was seen as vital, in that, in many states it was impossible to get a conviction for certain types of sexual assaults, simply because statutorily they did not exist (Chappell. 1976). The second aspect of rape reform theory that I will review is the arguments that attempt to prove that rape is similar to other forms of criminal assault. This body of thought fits into an equality based argument that has been championed by some feminist legal theorists that deal …

Address Delivered At The Celebration Of The Seventy-Fifth Anniversary Of Women At Fordham Law School, Hon. Janet Reno

Fordham Law Review

No abstract provided.

Men, Women And Rape, Donald Dripps, Linda Fairstein, Robin West, Deborah W. Denno

Fordham Law Review

No abstract provided.

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. …