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Full-Text Articles in Law

Beyond Bosnia And In Re Kasinga: A Feminist Perspective On Recent Developments In Protecting Women From Sexual Violence, Linda A. Malone Sep 2019

Beyond Bosnia And In Re Kasinga: A Feminist Perspective On Recent Developments In Protecting Women From Sexual Violence, Linda A. Malone

Linda A. Malone

No abstract provided.


The Death Penalty For Child Rape: Why Texas May Help Louisiana, Adam M. Gershowitz Sep 2019

The Death Penalty For Child Rape: Why Texas May Help Louisiana, Adam M. Gershowitz

Adam M. Gershowitz

No abstract provided.


When Pregnancy Is An Injury: Rape, Law, And Culture, Khiara M. Bridges Jul 2019

When Pregnancy Is An Injury: Rape, Law, And Culture, Khiara M. Bridges

Khiara M Bridges

This Article examines criminal statutes that grade more severely sexual assaults that result in pregnancy. These laws, which define pregnancy as a “substantial bodily injury,” run directly counter to positive constructions of pregnancy within culture. The fact that the criminal law, in this instance, reflects this negative, subversive understanding of pregnancy creates the possibility that this idea may be received within culture as a construction of pregnancy that is as legitimate as positive understandings. In this way, these laws create possibilities for the reimagining of pregnancy within law and society. Moreover, these laws recall the argumentation that proponents of abortion …


Realities Of Rape: Of Science And Politics, Causes And Meanings, Owen D. Jones Apr 2019

Realities Of Rape: Of Science And Politics, Causes And Meanings, Owen D. Jones

Owen Jones

This review essay discusses the book A Natural History of Rape: Biological Bases of Sexual Coercion, by Randy Thornhill and Craig Palmer (MIT Press, 2000). The essay builds on work previously appearing in Owen D. Jones, Sex, Culture, and the Biology of Rape: Toward Explanation and Prevention, 87 Cal. L. Rev. 827 (1999) and Owen D. Jones, Law and the Biology of Rape: Reflections on Transitions, 11 Hastings Women's Law Journal 151 (2000).


Sex, Culture, And The Biology Of Rape: Toward Explanation And Prevention, Owen D. Jones Apr 2019

Sex, Culture, And The Biology Of Rape: Toward Explanation And Prevention, Owen D. Jones

Owen Jones

For all that has been written about rape, its multiple causes remain insufficiently understood for law to deter it effectively. This follows, in part, from inadequately interdisciplinary study of rape causation. This Article argues that integrating life science and social science perspectives on sexual aggression can improve law's model of rape behavior, and further our efforts to reduce its incidence.

The Article first explains biobehavioral theories of sexual aggression, and offers a guide to common but avoidable errors in assessing them. It then compares a number of those theories' predictions with existing data and demonstrates how knowledge of the effects …


An Empirical Look At Commander Bias In Sexual Assault Cases, Eric R. Carpenter Nov 2017

An Empirical Look At Commander Bias In Sexual Assault Cases, Eric R. Carpenter

Eric R. Carpenter

In response to the American military’s perceived inability to handle sexual assault cases, the Uniform Code of Military Justice is undergoing its most significant restructuring since its creation in 1950. Critics point to the high rates of sexual assault case attrition as a sign that the system is failing sexual assault victims. The theory is that commanders are predisposed to believe the offenders and to blame the victims. This bias then causes high levels of attrition as the commanders undervalue the cases and divert them from the legal process. This study tests that causal inference. It measures the attrition of …


Uri Professor Launches Online Journal About Sexual Exploitation, Violence, Slavery, Donna M. Hughes Dr. Apr 2017

Uri Professor Launches Online Journal About Sexual Exploitation, Violence, Slavery, Donna M. Hughes Dr.

Donna M. Hughes

Sexual exploitation and violence are rampant throughout the world, and academics are rightly pushing the issue into the public eye through their research and articles. University of Rhode Island professor Donna M. Hughes is at the forefront of the movement with the launch of an online academic journal, “Dignity,” dedicated to publishing papers about sexual exploitation, violence and slavery. The journal is the first academic journal in the world to address global sexual exploitation and well on its way to success.


Constitutional Concerns About Capital Punishment: The Death Penalty Statute In New York State, Richard Klein May 2012

Constitutional Concerns About Capital Punishment: The Death Penalty Statute In New York State, Richard Klein

Richard Daniel Klein

No abstract provided.


Two Truths And A Lie: In Re John Z. And Other Stories At The Juncture Of Teen Sex & The Law, Michelle Oberman Dec 2011

Two Truths And A Lie: In Re John Z. And Other Stories At The Juncture Of Teen Sex & The Law, Michelle Oberman

Michelle Oberman

Laws governing adolescent sexuality are incoherent and chaotically enforced, and legal scholarship on the subject neither addresses nor remedies adolescents’ vulnerability in sexual encounters. To posit a meaningful relationship between the criminal law and adolescent sexual encounters, one must examine what we know about adolescent sexuality from both the academic literature and the adults who control the criminal justice response to such interactions. This article presents an in-depth study of In re John Z., a 2003 rape prosecution involving two seventeen-year-olds. Using this case, I explore the implications of the prosecution by interviewing a variety of experts and analyzing the …


An Analysis Of Thirty-Five Years Of Rape Reform: A Frustrating Search For Fundamental Fairness, Richard Klein Feb 2011

An Analysis Of Thirty-Five Years Of Rape Reform: A Frustrating Search For Fundamental Fairness, Richard Klein

Richard Daniel Klein

This article will analyze the most significant changes in the manner in which individuals who are charged with the crime of rape are prosecuted for that offense. In the last thirty-five years, there has been a steady erosion of the due process rights of those accused of rape.


From Philly To Fayetteville: Reflections On Teaching Criminal Law In The First Year, Brian Gallini Dec 2008

From Philly To Fayetteville: Reflections On Teaching Criminal Law In The First Year, Brian Gallini

Brian Gallini

How exactly should we teach the first-year criminal law course? How many credits should the course receive? What should go in the syllabus? How much of what is in the syllabus must be covered? In this essay, I humbly offer some thoughts – from the “newbie’s” standpoint – for your consideration in response to each of these questions. I conclude with some limited comments (reminders?) directed gently to my senior colleagues about teaching this generation of first-year law students.


Asking What Before We Ask Why: Taxonomy, Etiology And Rape, Katharine K. Baker Jan 2003

Asking What Before We Ask Why: Taxonomy, Etiology And Rape, Katharine K. Baker

Katharine K. Baker

This article presents a spectrum of sexual coersion. By looking at the social meaning of the different acts of coercion along the spectrum, the author suggests that most acts of sexual coercion can be classified as either rape (a sexual act with intent to do harm to the victim) or sex (a sexual act engaged in without any intent to harm the victim). Ironically, though, the author suggests that the most and least egregious acts of sexual aggression, that is, the acts we most readily identify as rape and the acts we are most reluctant to label rape are the …