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Full-Text Articles in Law
To Kill Or Not To Kill: (When) That Is The Question? A Legislative Treatise On Battered Israeli Women Facing A Dead End Road, Hava Dayan
William & Mary Journal of Race, Gender, and Social Justice
This Paper seeks to examine the legal framework in which the self-defense exception is applied in Israel in circumstances of domestic violence. The Paper scrutinizes the issue with reference to recent amendments to the Israeli Penal Code pertaining to the ‘castledefense’ which grants a person defending his home and property-wide protection from criminal liability. In light of these amendments, the lack of legislative harmony between the exception to criminal liability applied when defending property and the deficient protection afforded to victims of ongoing, severe domestic violence, is striking. Aside from a critical review of Israeli legislation on the issue, this …
The Exceptions Clause As A Structural Safeguard, Tara Leigh Grove
The Exceptions Clause As A Structural Safeguard, Tara Leigh Grove
Faculty Publications
Scholars have long treated the Exceptions Clause of Article III as a serious threat to the Supreme Court’s central constitutional function: establishing definitive and uniform rules of federal law. This Article argues that scholars have overlooked an important function of the Clause. Congress has repeatedly used its broad “exceptions power” to facilitate, not to undermine, the Supreme Court’s constitutional role. Drawing on insights from social science, this Article asserts that Congress has an incentive to use its control over federal jurisdiction to promote the Court’s role in settling disputed federal questions. Notably, this argument has considerable historical support. When the …
Storming The Castle To Save The Children: The Ironic Costs Of A Child Welfare Exception To The Fourth Amendment, Doriane Lambelet Coleman
Storming The Castle To Save The Children: The Ironic Costs Of A Child Welfare Exception To The Fourth Amendment, Doriane Lambelet Coleman
William & Mary Law Review
No abstract provided.