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- University of Michigan Law School (9)
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- Michigan Journal of Gender & Law (7)
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- Dignity: A Journal of Analysis of Exploitation and Violence (1)
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Articles 1 - 29 of 29
Full-Text Articles in Law
Protecting Our Nation’S Children In The Technological Age: Arguing For An Interpretation Of “Sexual Activity” In 18 U.S.C. § 2422(B) That Does Not Require Physical Contact, Allison Fine
Georgia Criminal Law Review
Our Nation’s justice system values “equal protection under the law.” This represents the belief that all individuals should be treated equally under the law regardless of personal characteristics. Traditionally, we think about this in a context of things like race, gender, or ethnicity. However, this also encompasses the general idea that individuals nationwide should be accountable to and protected by the same laws. As it relates to criminal law, this notion highlights the importance of uniformity in a criminal justice system. Without consistent application and execution, a criminal justice system will never be fair or “equal.”
The federal child enticement …
Redefining Sex Offenders: The Fight To Break The Bias Of Female Sex Offenders, Norma Hamilton
Redefining Sex Offenders: The Fight To Break The Bias Of Female Sex Offenders, Norma Hamilton
Journal of Race, Gender, and Ethnicity
No abstract provided.
Modern-Day Witch Hunts: How The Mental Health Industry Abuses Patients And The Judiciary While Committing Fraud, Joan L. Roberts Mrs.
Modern-Day Witch Hunts: How The Mental Health Industry Abuses Patients And The Judiciary While Committing Fraud, Joan L. Roberts Mrs.
Conspectus Borealis
No abstract provided.
A Change In South Dakota’S Child Sexual Abuse Statute Of Limitations: An Equal Protection Violations?, Peyton Healy
A Change In South Dakota’S Child Sexual Abuse Statute Of Limitations: An Equal Protection Violations?, Peyton Healy
American Indian Law Journal
No abstract provided.
Pedophiles Don’T Retire: Why The Statute Of Limitations On Sex Crimes Against Children Must Be Abolished, Symone Shinton
Pedophiles Don’T Retire: Why The Statute Of Limitations On Sex Crimes Against Children Must Be Abolished, Symone Shinton
Chicago-Kent Law Review
Sex crimes against children are uniquely heinous. Victims suffer extensive trauma that extends long into adulthood. But despite significant psychological data that indicates survivors of childhood sexual abuse cannot and do not report their victimization on a neat and predictable timeline, sixteen states still require them to do so. Criminal statutes of limitations on sex crimes against children protect predators, permitting them to run out the clock and move on to their next victim. This Note will argue that placing the burden on survivors of sexual abuse to report in time is not only psychologically unreasonable, but also harmful to …
The Freedom From Sexploitation Agenda: Policy And Legislative Recommendations To Curb Sexual Exploitation, Dawn Hawkins
The Freedom From Sexploitation Agenda: Policy And Legislative Recommendations To Curb Sexual Exploitation, Dawn Hawkins
Dignity: A Journal of Analysis of Exploitation and Violence
No abstract provided.
The Cost Of Comfort: Protecting A Criminal Defendant’S Constitutional Rights When Child Witnesses Request Comfort Accommodations, Angela Nascondiglio
The Cost Of Comfort: Protecting A Criminal Defendant’S Constitutional Rights When Child Witnesses Request Comfort Accommodations, Angela Nascondiglio
NYLS Law Review
No abstract provided.
Good Intentions, Unintended Consequences: How United States V. James Will Affect Federal Sexual Abuse Analysis, Kelsey Wong
Good Intentions, Unintended Consequences: How United States V. James Will Affect Federal Sexual Abuse Analysis, Kelsey Wong
Loyola of Los Angeles Law Review
No abstract provided.
Children's Testimony In Sexual Abuse Cases: Ohio's Proposed Legislation, Deborah Mahusky
Children's Testimony In Sexual Abuse Cases: Ohio's Proposed Legislation, Deborah Mahusky
Akron Law Review
Legislatures are attempting to reduce the trauma to the child, and, at the same time, to increase convictions.
This legislation is often in the form of permitting videotaped pretrial statements and depositions to be admitted into evidence. Additionally, some legislatures are permitting testimony of the child at depositions or at trial to take place in a separate room from the defendant, the judge, the jury and the general public through the use of closed circuit television or monitors. However, this legislation may present an encroachment of sixth amendment guarantees.
Section I of this comment will discuss whether or not the …
Court Of Appeals Of New York, People V. Rose, Susan Persaud
Court Of Appeals Of New York, People V. Rose, Susan Persaud
Touro Law Review
No abstract provided.
Supreme Court, Appellate Term, People V. Morin, Lauren Tan
Supreme Court, Appellate Term, People V. Morin, Lauren Tan
Touro Law Review
No abstract provided.
Court Of Appeals Of New York, People V. Paulman, Michele Kligman
Court Of Appeals Of New York, People V. Paulman, Michele Kligman
Touro Law Review
No abstract provided.
Coy V. Iowa: A Constitutional Right Of Intimidation, John A. Mayers
Coy V. Iowa: A Constitutional Right Of Intimidation, John A. Mayers
Pepperdine Law Review
No abstract provided.
Is There A Legal Recourse Available In New York When The Press Fails To Protect The Identity Of A Child Abuse Victim?, John H. Wilson
Is There A Legal Recourse Available In New York When The Press Fails To Protect The Identity Of A Child Abuse Victim?, John H. Wilson
Pace Law Review
No abstract provided.
The Failure Of Consent: Re-Conceptualizing Rape As Sexual Abuse Of Power, Michal Buchhandler-Raphael
The Failure Of Consent: Re-Conceptualizing Rape As Sexual Abuse Of Power, Michal Buchhandler-Raphael
Michigan Journal of Gender & Law
This Article argues that while rape law reform has accomplished significant changes in the past decades, the reform has since stalled. The contemporary focus on the element of consent might account for this stagnation. This move has both failed to effect instrumental change in the courts as well as in social norms, and is conceptually flawed and normatively misguided. The practical result of these deficiencies is that rape, as defined by our criminal justice system, bears little resemblance to the various forms of sexual abuses that are inflicted on victims. While rape law typically criminalizes only the physically violent sexual …
When Misdemeanors Are Felonies: The Aggravated Felony Of Sexual Abuse Of A Minor, William J. Johnson
When Misdemeanors Are Felonies: The Aggravated Felony Of Sexual Abuse Of A Minor, William J. Johnson
NYLS Law Review
No abstract provided.
Crawford V. Washington: The Admissibility Of Statements To Physicians And The Use Of Closed-Circuit Television In Cases Of Child Sexual Abuse, Jon Simon Stefanuca
Crawford V. Washington: The Admissibility Of Statements To Physicians And The Use Of Closed-Circuit Television In Cases Of Child Sexual Abuse, Jon Simon Stefanuca
University of Maryland Law Journal of Race, Religion, Gender and Class
No abstract provided.
Prostitution And Male Supremacy, Andrea Dworkin
Prostitution And Male Supremacy, Andrea Dworkin
Michigan Journal of Gender & Law
The assumptions of academia can barely begin to imagine the reality of life for women in prostitution. Academic life is premised on the notion that there is a tomorrow and a next day and a next day; or that someone can come inside from the cold for time to study; or that there is some kind of discourse of ideas and a year of freedom in which you can have disagreements that will not cost you your life. These are premises that those who are students here or who teach here act on every day. They are antithetical to the …
Prostitution And Civil Rights, Catharine A. Mackinnon
Prostitution And Civil Rights, Catharine A. Mackinnon
Michigan Journal of Gender & Law
The gap between the promise of civil rights and the real lives of prostitutes is an abyss which swallows up prostituted women.' To speak of prostitution and civil rights in one breath moves the two into one world, at once exposing and narrowing the distance between them.
An Analysis Of Individual, Institutional, And Cultural Pimping, Evelina Giobbe
An Analysis Of Individual, Institutional, And Cultural Pimping, Evelina Giobbe
Michigan Journal of Gender & Law
A pimp is a man .. .who takes all or a part of the earnings of women who sell their bodies for gain. He may have inveigled her into becoming a prostitute or acquired her after she started the business. Invariably he encourages her to continue in prostitution, and he may be either her lover or her husband, but always he is her supposed protector.
Prostitution: Where Racism & Sexism Intersect, Vednita Nelson
Prostitution: Where Racism & Sexism Intersect, Vednita Nelson
Michigan Journal of Gender & Law
Black women find themselves in a unique and extremely difficult position in our society. They are forced to deal with the oppression that arises from being Black in a white-supremacist culture and the oppression that arises from being female in a male-supremacist culture. In order to examine the experience of being Black and female, this paper attempts to describe that very difficult, tight space where Black women attempt to survive-that space where racism and sexism intersect.
Strategies Of Connection: Prostitution And Feminist Politics, Margaret A. Baldwin
Strategies Of Connection: Prostitution And Feminist Politics, Margaret A. Baldwin
Michigan Journal of Gender & Law
A feminist political approach to prostitution must begin from these strengths and be tested against the standards set by them. I want to address how taking each of these strengths seriously can create sustained resistance against prostitution.
Prostitution Is Cruelty And Abuse To Women And Children, Susan Kay Hunter
Prostitution Is Cruelty And Abuse To Women And Children, Susan Kay Hunter
Michigan Journal of Gender & Law
Each day I rise to take up the truly good fight to stop the harm to women in prostitution. I long for complete liberation of all oppressed peoples. I passionately believe that the work I do to end prostitution is revolutionary. No one deserves to be used and abused, and that is the universal experience of prostituted women and children. It is also revolutionary work because my freedom as a woman is meaningless so long as some of us can be bought and sold. The giant sex industry grinds on, exploiting and enslaving women, while sexual liberals are well-paid by …
Paedophilia: The Criminal Responsibility Of Canada's Churches, Dawn Russell
Paedophilia: The Criminal Responsibility Of Canada's Churches, Dawn Russell
Dalhousie Law Journal
In the last few years Canada's churches have been plagued by sexual abuse scandals from Newfoundland to British Columbia. Members of the clergy and of lay orders across the country have been charged with, and convicted of, criminal offences involving the physical and sexual abuse of children. Mediareports and television documentaries have emphasized the tremendous scope of the problem of clergy paedophilia, the seriousness of the harm done to the victims, and the irresponsible and sometimes heartless behaviour of church officials who received reports of such abuse. These stories have shocked the Canadian public and have given rise to a …
Balancing The Right To Confrontation And The Need To Protect Child Sexual Abuse Victims: Are Statutes Authorizing Televised Testimony Serving Their Purpose?, Kimberley Seals Bressler
Balancing The Right To Confrontation And The Need To Protect Child Sexual Abuse Victims: Are Statutes Authorizing Televised Testimony Serving Their Purpose?, Kimberley Seals Bressler
Seattle University Law Review
This Comment begins by providing a brief outline of the procedures regulating the use of televised testimony. Next, against the larger backdrop of the history of the right to confrontation, Part III addresses the treatment of televised testimony as hearsay. This section presents a recent Maryland decision as an illustration of the undesirable analogy of televised testimony to hearsay that leads to a more difficult admission standard. Part III concludes with the argument that televised testimony is the functional equivalent of in-court testimony, and thus, a hearsay analysis is inappropriate. Part IV of this Comment presents a recent Supreme Court …
Child Sexual Abuse Cases: Reestablishing The Balance Within The Adversary System, Mary Christine Hutton
Child Sexual Abuse Cases: Reestablishing The Balance Within The Adversary System, Mary Christine Hutton
University of Michigan Journal of Law Reform
This Article begins with an overview of the adversary process and how it has changed in recent years to respond to the needs of children. The Article highlights two of the goals of the adversary process-(!) testing and probing of two sides to a story, and (2) refraining from a decision until the complete story is told-to examine how they can be retained in spite of these changes. Part II pinpoints the assignment of multiple or poorly-defined roles to the child sexual abuse professionals as one of the potential impediments to preserving the goals of the adversarial system. The performance …
Confronting Child Victims Of Sex Abuse: The Unconstitutionality Of The Sexual Abuse Hearsay Exception, Katrin E. Frank
Confronting Child Victims Of Sex Abuse: The Unconstitutionality Of The Sexual Abuse Hearsay Exception, Katrin E. Frank
Seattle University Law Review
This Comment first analyzes Washington’s hearsay exception Act in the light of the principles that form the basis for the hearsay rule and its exceptions. It then examines the effect of the Act on the preexisting hearsay rules. Next, it compares the concept of unavailability as used in the hearsay exceptions with the concept of incompetence; both concepts are then analyzed according to the requirements of the hearsay rules and the confrontation clause. The Comment concludes that the Act is unconstitutional because it permits admission of hearsay of testimonially incompetent children.
Parent-Child Incest: Proof At Trial Without Testimony In Court By The Victim, Dustin P. Ordway
Parent-Child Incest: Proof At Trial Without Testimony In Court By The Victim, Dustin P. Ordway
University of Michigan Journal of Law Reform
This Note argues that the incest victim should not testify personally at trial. Rather, the child's testimony should be replaced with tape-recorded pretrial examinations of the victim by an expert, supplemented by the in-court testimony of the examining expert. Part I discusses how the present system of requiring in-court testimony by the victim harms the child, fails to correct the incest problem, and produces unreliable evidence. Part II outlines and discusses the merits of the proposed reform. Part ill examines the proposed reform in light of the defendant's constitutional rights to due process and to confront witnesses against him. The …