Open Access. Powered by Scholars. Published by Universities.®

Law Commons

Open Access. Powered by Scholars. Published by Universities.®

Articles 1 - 22 of 22

Full-Text Articles in Law

Battered Nation Syndrome: Relaxing The Imminence Requirement Of Self-Defense In International Law, Michael Skopets Feb 2006

Battered Nation Syndrome: Relaxing The Imminence Requirement Of Self-Defense In International Law, Michael Skopets

American University Law Review

No abstract provided.


Battered Nation Syndrome: Relaxing The Imminence Requirement Of Self-Defense In International Law, Michael Skopets Feb 2006

Battered Nation Syndrome: Relaxing The Imminence Requirement Of Self-Defense In International Law, Michael Skopets

American University Law Review

No abstract provided.


Acknowledging Informal Power Dynamics In The Workplace: A Proposal For Further Development Of The Vicarious Liability Doctrine In Hostile Environment Sexual Harassment Cases, Susan Carle Jan 2006

Acknowledging Informal Power Dynamics In The Workplace: A Proposal For Further Development Of The Vicarious Liability Doctrine In Hostile Environment Sexual Harassment Cases, Susan Carle

Articles in Law Reviews & Other Academic Journals

No abstract provided.


The Patient, The Doctor, The Fetus, And The Court-Compelled Cesarean: Why Courts Should Address The Question Through A Bioethical Lens, Thomas Williams Jan 2006

The Patient, The Doctor, The Fetus, And The Court-Compelled Cesarean: Why Courts Should Address The Question Through A Bioethical Lens, Thomas Williams

Articles in Law Reviews & Other Academic Journals

Court-ordered Cesarean sections are a relatively recent phenomenon in the intersection of law and medicine. Existing jurisprudence utilizes a legal balancing test when addressing conflicts that arise between physicians and patients regarding obstetrical treatment and care. The authors contend that courts' analyses lack a fundamental element - a bioethical framework. Therefore, the authors believe that in order to better assess such conflicts, courts should incorporate a bioethical framework such as the Georgetown mantra to help complement their legal analyses.


Reexamining The Gender Implications Of Campaign Finance Reform: How Higher Ceilings On Individual Donations Disproportionately Impact Female Candidates, Ashley Baker Jan 2006

Reexamining The Gender Implications Of Campaign Finance Reform: How Higher Ceilings On Individual Donations Disproportionately Impact Female Candidates, Ashley Baker

The Modern American

No abstract provided.


I Am Certain He Is The Man...I Think, Tim Harris Jan 2006

I Am Certain He Is The Man...I Think, Tim Harris

The Modern American

No abstract provided.


The Convention On The Elimination Of All Forms Of Discrimination Against Women And The Status Of Implementation On The Right To Health Care In Nigeria, Aniekwu Nkolika Ijeoma Jan 2006

The Convention On The Elimination Of All Forms Of Discrimination Against Women And The Status Of Implementation On The Right To Health Care In Nigeria, Aniekwu Nkolika Ijeoma

Human Rights Brief

No abstract provided.


The Gang-Rape Of Mukhtar Mai And Pakistan's Opportunity To Regain Its Lost Honor, Tina Karkera Jan 2006

The Gang-Rape Of Mukhtar Mai And Pakistan's Opportunity To Regain Its Lost Honor, Tina Karkera

American University Journal of Gender, Social Policy & the Law

No abstract provided.


Performance, Property, And The Slashing Of Gender In Fan Fiction, Sonia K. Katyal Jan 2006

Performance, Property, And The Slashing Of Gender In Fan Fiction, Sonia K. Katyal

American University Journal of Gender, Social Policy & the Law

No abstract provided.


Copyright And Feminism In Digital Media, Dan L. Burk Jan 2006

Copyright And Feminism In Digital Media, Dan L. Burk

American University Journal of Gender, Social Policy & the Law

No abstract provided.


Fair Use And The Fairer Sex: Gender, Feminism, And Copyright Law, Ann Bartow Jan 2006

Fair Use And The Fairer Sex: Gender, Feminism, And Copyright Law, Ann Bartow

American University Journal of Gender, Social Policy & the Law

No abstract provided.


Feminist Interpretations Of Intellectual Property, Debora Halbert Jan 2006

Feminist Interpretations Of Intellectual Property, Debora Halbert

American University Journal of Gender, Social Policy & the Law

No abstract provided.


Sexual Abuse Of Women In United States Prisons: A Modern Corollary Of Slavery, Brenda V. Smith Jan 2006

Sexual Abuse Of Women In United States Prisons: A Modern Corollary Of Slavery, Brenda V. Smith

Articles in Law Reviews & Other Academic Journals

This paper addresses the sexual abuse of women in custody as a more contemporary manifestation of slavery and discusses the congruencies and the differences that exist between the sexual abuse of women in custody and slavery. The paper charts the history of the parallel abolition and prison reform movements and examines their divergent paths arguing that the women's movement abandonment of prison advocacy has harmed the women in prison movement. The article concludes that the embrace of human rights norms has assisted in providing new avenues for redressing the sexual abuse of women in custody.


Analyzing Prison Sex: Reconciling Self Expression With Safety, Brenda V. Smith Jan 2006

Analyzing Prison Sex: Reconciling Self Expression With Safety, Brenda V. Smith

Articles in Law Reviews & Other Academic Journals

This article examines the complexity of prison sex and the challenges that it raises in the context of recently enacted United States legislation, specifically the Prison Rape Elimination Act (PREA). It begins by identifying a range of prisoner interests in enhanced sexual expression. These interests are described below in an attempt to disentangle prisoners' rights in sexual expression from states' legitimate interests in regulating that expression. This article also directs policymakers and decision makers to mine international documents and human rights norms that recognize the necessity of punishment and at the same time outline a standard for the safety of …


The United States As Global Sheriff: Using Unilateral Sanctions To Combat Human Trafficking, Janie Chuang Jan 2006

The United States As Global Sheriff: Using Unilateral Sanctions To Combat Human Trafficking, Janie Chuang

Articles in Law Reviews & Other Academic Journals

In recent years, the issue of human trafficking - the recruitment or movement of persons by means of coercion or deception into exploitative labor or slavery-like practices - has moved from the margins to the mainstream political agenda. The rapid proliferation of international, regional and domestic anti-trafficking laws bespeaks universal condemnation of the practice, but belies deep divisions among States over how to define and approach the problem. It is thus significant that the international community was able to reach consensus and conclude a new international law on trafficking - the Palermo Protocol. But just weeks before the signing of …


Rethinking Prison Sex: Self Expression And Safety, Brenda V. Smith Jan 2006

Rethinking Prison Sex: Self Expression And Safety, Brenda V. Smith

Articles in Law Reviews & Other Academic Journals

This article analyzes legislation and policies that limit prisoners' sexual expression and autonomy. The article juxtaposes prisoners interest in sexual expression against the interests of the state in regulating sex by and between prisoners. The article concludes that the state has an interest in regulating sex between inmates and staff and in regulating coerced or forced sex between inmates. In other instances prisons could accommodate prisoners' interest in sexual expression and achieve important goals such as better decisionmaking; improved relations with family and partners to aid community reentry; reduction of prison rape; and as inmate management.


Why Care About The History Of Women In The Legal Profession, Mary Clark Jan 2006

Why Care About The History Of Women In The Legal Profession, Mary Clark

Articles in Law Reviews & Other Academic Journals

No abstract provided.


Domestic Violence In The Haitian Culture And The American Legal Response: Fanm Ayisyen Ki Gen Kouraj, Mary Clark Jan 2006

Domestic Violence In The Haitian Culture And The American Legal Response: Fanm Ayisyen Ki Gen Kouraj, Mary Clark

Articles in Law Reviews & Other Academic Journals

No abstract provided.


Beyond A Snapshot: Preventing Human Trafficking In The Global Economy, Janie Chuang Jan 2006

Beyond A Snapshot: Preventing Human Trafficking In The Global Economy, Janie Chuang

Articles in Law Reviews & Other Academic Journals

Current legal responses to the problem of human trafficking often reflect a deep reluctance to address the socio-economic root causes of the problem. Because they approach trafficking as an act (or series of acts) of violence, most responses focus predominantly on prosecuting traffickers, and to a lesser extent, protecting trafficked persons. While such approaches might account for the consequences of trafficking, they tend to overlook the broader socioeconomic reality that drives trafficking in human beings. Against this backdrop, this article seeks to reframe trafficking as a migratory response to current globalizing socioeconomic trends. It argues that, to be effective, counter-trafficking …


The Man, The State And You: The Role Of The State In Regulating Gender Hierarchies, Meredith Render Jan 2006

The Man, The State And You: The Role Of The State In Regulating Gender Hierarchies, Meredith Render

American University Journal of Gender, Social Policy & the Law

No abstract provided.


Peacekeepers As Perpetrators: Sexual Exploitation And Abuse Of Women And Children In The Democratic Republic Of The Congo, Susan A. Notar Jan 2006

Peacekeepers As Perpetrators: Sexual Exploitation And Abuse Of Women And Children In The Democratic Republic Of The Congo, Susan A. Notar

American University Journal of Gender, Social Policy & the Law

No abstract provided.


Gender Equality, Social Values And Provocaion Law In The United States, Canada And Australia, Caroline Forrell Jan 2006

Gender Equality, Social Values And Provocaion Law In The United States, Canada And Australia, Caroline Forrell

American University Journal of Gender, Social Policy & the Law

No abstract provided.