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Full-Text Articles in Law
Was The Frog Prince Sexually Molested?: A Review Of Peter Westen's The Logic Of Consent, Heidi M. Hurd
Was The Frog Prince Sexually Molested?: A Review Of Peter Westen's The Logic Of Consent, Heidi M. Hurd
Michigan Law Review
Peter Westen's The Logic of Consent is nothing short of a tour de force. In the tradition of the very best and most significant contributions to legal theory, Professor Westen demonstrates that we do not know what we think we know about a capacity that on a daily basis turns trespasses into dinner parties, brutal batteries into football games, rape into lovemaking, and the commercial appropriation of name and likeness into biography. While we all employ claims of consent in everyday moral gossip to absolve some and withhold sympathy from others, and while courts of law across the nation commonly …
Sexualized Racism/Gendered Violence: Outraging The Body Politic In The Reconstruction South, Lisa Cardyn
Sexualized Racism/Gendered Violence: Outraging The Body Politic In The Reconstruction South, Lisa Cardyn
Michigan Law Review
From its establishment in the months following the Civil War by a motley assortment of disgruntled former rebels, the first Ku Klux Klan, like its many vigilante counterparts, employed terror to realize its invidious social and political aspirations. This terror assumed disparate shapes - from the storied nightriding of disguised bands on horseback, to cryptic threats, horrific assaults, and, not infrequently, murder. While students of Reconstruction have considered many facets of klan violence, none to date has focused exclusively on sexual violence in its historical specificity. Yet, as the work of Catherine Clinton, Laura Edwards, and Martha Hodes persuasively demonstrates, …
Response: Between Economics And Sociology: The New Path Of Deterrence, Dan M. Kahan
Response: Between Economics And Sociology: The New Path Of Deterrence, Dan M. Kahan
Michigan Law Review
The explosive collision of economics and sociology has long illuminated the landscape of deterrence theory. It is a debate as hopeless as it is spectacular. Economics is practical but thin. Starting from the simple premise that individuals rationally maximize their utility, economics generates a robust schedule of prescriptions - from the appropriate size of criminal penalties,1 to the optimal form of criminal punishments, to the most efficient mix of private and public investments in deterrence. Yet it is the very economy of economics that ultimately subverts it: its account of human motivations is too simplistic to be believable, and it …
Rape Discourse In Press Coverage Of Sex Crimes, Peggy Reeves Sanday
Rape Discourse In Press Coverage Of Sex Crimes, Peggy Reeves Sanday
Michigan Law Review
A Review of Virgin or Vamp: How the Press Covers Sex Crimes
Reexamining The Law Of Rape, Janet E. Findlater
Reexamining The Law Of Rape, Janet E. Findlater
Michigan Law Review
A Review Real Rape by Susan Estrich
The Ultimate Violation, Todd Maybrown
The Ultimate Violation, Todd Maybrown
Michigan Law Review
A Review of The Ultimate Violation by Judith Rowland
Criminal Law And Procedure - New Trial - Motion For New Trial For Newly Discovered Evidence - Recantation By Important Witness For The State, Michigan Law Review
Criminal Law And Procedure - New Trial - Motion For New Trial For Newly Discovered Evidence - Recantation By Important Witness For The State, Michigan Law Review
Michigan Law Review
After conviction of rape allegedly committed upon defendant's thirteen year old daughter, defendant, on motion for new trial, produced an affidavit of the daughter recanting the testimony against defendant which the daughter had given at the trial. Held, the trial court did not abuse its discretion in refusing to grant a new trial. Sutton v. State, (Ark. 1938) 122 S. W. (2d) 617.
Constitutional Law - Validity Of Sex Offender Acts, William K. Jackson
Constitutional Law - Validity Of Sex Offender Acts, William K. Jackson
Michigan Law Review
The sex offender has become an acute problem. Sociologists, psychiatrists, and lawyers sensing the imperative need for action have devoted much time and thought to the questions involved. Experience has shown that the sex offender is generally a recidivist; he has to be arrested and committed repeatedly for the same type of crimes. The point is graphically illustrated by the case of a man, fifty-nine years of age, arrested recently in Detroit for a sex offense involving a youth. An examination of his record showed that he had been arrested in 1899, when twenty-one years of age, on charges involving …
Insurance - Execution For A Criminal Offense, Herman J. Bloom
Insurance - Execution For A Criminal Offense, Herman J. Bloom
Michigan Law Review
The insured was convicted and legally executed for the crime of rape. The beneficiary sued on a life insurance policy which contained no express exemption from liability in the event of death resulting from the legal execution of the insured. The court held that the beneficiary was entitled to recover under the public policy as declared in the constitutional provision against corruption of blood and forfeiture of estate. Progressive Life Insurance Co. v. Dean, (Ark. 1936) 97 S. W. (2d) 62.
Criminal Law And Procedure - Homicide - Causal Relation Between Defendant's Unlawful Act And The Death
Michigan Law Review
Though the books are replete with homicides in which the elusive doctrine of proximate cause has vexed both courts and commentators, it may be ventured that no case has more strikingly run the gamut of proximate cause perplexities than Stephenson v. State. There it appeared that the deceased, an unmarried girl of good reputation and social standing, had been drugged and then raped by defendant in circumstances of the most atrocious brutality. In her dying declaration, admitted by the trial court into evidence, she deposed that "he chewed her all over her body; bit her neck and face; chewed …
Evidence-Corroboration In Criminal Cases
Evidence-Corroboration In Criminal Cases
Michigan Law Review
On the night of September 12, 1931, Mrs. Thalia Massie, while walking unescorted along a road near Honolulu, was forced into a car, taken to a lonely spot, and attacked by five young men. The five alleged attackers were placed on trial for rape. The jury was unable to reach a verdict and a mistrial was declared.