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Articles 1 - 30 of 33
Full-Text Articles in Law
Contemporary Soviet Criminal Law: An Analysis Of The General Principles And Major Institutions Of Post-1958 Soviet Criminal Law, Chris Osakwe
Georgia Journal of International & Comparative Law
No abstract provided.
The Law Of The Groves: Whittling Away At The Legal Mysteries In The Prosecution Of The Groveland Boys, William R. Ezzell
The Law Of The Groves: Whittling Away At The Legal Mysteries In The Prosecution Of The Groveland Boys, William R. Ezzell
University of Massachusetts Law Review
This Article tells the legal story of one of the South’s most infamous trials – the Groveland Boys prosecution in central Florida. Called “Florida’s Little Scottsboro,” the Groveland case garnered international attention in 1949 when four young black men were accused of the gang rape of a white woman in the orange groves north of Orlando. Several days of rioting, Ku Klux Klan activity, three murders, two trials, and three death penalty verdicts followed, in what became the most infamous trial in Florida history. The appeals of the trial reached the United States Supreme Court, with the NAACP’s Thurgood Marshall …
Innocent Suffering: The Unavailability Of Post-Conviction Relief In Virginia Courts, Kaitlyn Potter
Innocent Suffering: The Unavailability Of Post-Conviction Relief In Virginia Courts, Kaitlyn Potter
University of Richmond Law Review
This comment examines actual innocence in Virginia: the progress it has made, the problems it still faces, and the possibilities for reform. Part I addresses past reform to the system, spurred by the shocking tales of Thomas Haynesworth and others. Part II identifies three of the most prevalent systemic challenges marring Virginia's justice system: (1) flawed scientific evidence; (2) the premature destruction of evidence; and (3) false confessions and guilty pleas. Part III suggests ways in which Virginia can, and should, address these challenges to ensure that the justice system is actually serving justice.
Unpacking Affirmative Consent: Not As Great As You Hope, Not As Bad As You Fear, Jonathan Witmer-Rich
Unpacking Affirmative Consent: Not As Great As You Hope, Not As Bad As You Fear, Jonathan Witmer-Rich
Law Faculty Articles and Essays
This Article aims to “unpack” the concept of affirmative consent by identifying common assertions about affirmative consent that are false or misleading and by separating issues that are commonly conflated. The goal here is not to advocate either for or against the notion of affirmative consent but to clarify the concept to show what is at stake (and what is not at stake) in these debates.
Part II of this Article sets forth definitions of affirmative consent, particularly noting the difference between policies that require unambiguous agreements and those that do not. Part III addresses the various misconceptions identified above. …
Samadi & Sabroo, Samadi, Sabroo, Tsos
Samadi & Sabroo, Samadi, Sabroo, Tsos
TSOS Interview Gallery
Samadi was a member of the Kurdistan Freedom Party. He joined at the age of 17 andhas been a member for 22 years. This party sought an independent Kurdistan andfought with the invader countries. Samadi lived at the Oinofyat Refugee Camp inGreece at the time of this interview. His daughter was killed by ISIS in 2014 whiledefending Kurdistan. After her death, his family was threatened by the Salafi group.They left to save their lives. Samedi says that the Salafi group rapes and kills children in the name of religion. He says he is a fighter and he is not afraid …
Walid & Rahima, Walid, Rahima, Tsos
Walid & Rahima, Walid, Rahima, Tsos
TSOS Interview Gallery
Walid worked as a police officer inBaghlan County,Afghanistan, where hedid many operations with NATO and US forces. Walid was responsible for recordingoperations and distributing copies to the media. Being part of the operations was dangerous, and Walid lost many of his friendsto the Taliban.Theyevenskinned afriend for cooperating with the government. The violenceled him to say, “The terrorists have no religion.” The Taliban began entering homes and killing government officials,and paid assassinations happened in public. Walidknew he was in danger.After losing a dear friend, Walid knew then that he had lost all he was willing to lose.He fled to Pakistan where …
Honest Victim Scripting In The Twitterverse, Francine Banner
Honest Victim Scripting In The Twitterverse, Francine Banner
William & Mary Journal of Race, Gender, and Social Justice
This Article critically analyzes Tweets regarding recent allegations of interpersonal violence against celebrities in order to explore societal perceptions of, and expectations about, alleged victims. The Article concludes that Twitter may be viewed as a micro-courtroom in which victims’ veracity and perpetrators’ responses are evaluated, interrogated, and assessed. A key, feminist critique of rape law is that the determination of the perpetrator’s guilt or innocence too often hinges on an assessment of the victim’s character. This is borne out on social networking sites, where terms such as “gold digger,” “slut,” and “ho” are engaged with regularity to describe those who …
People With Secrets: Contesting, Constructing, And Resisting Women’S Claims About Sexualized Victimization, Rose Corrigan, Corey S. Shdaimah
People With Secrets: Contesting, Constructing, And Resisting Women’S Claims About Sexualized Victimization, Rose Corrigan, Corey S. Shdaimah
Catholic University Law Review
What do sexual assault victims and women charged with prostitution have in common? Both are processed through a criminal justice system where legal actors assess their claims of victimization and either provide or deny resources and recognition in response to those claims. Ideal victim theory posits that not all victims’ claims are treated equally due to static factors such as personal characteristics or case facts. Professor Corrigan and Professor Shdaimah present the Arena of Intelligibility, an original analytical tool developed from their empirical data, to more effectively explain case outcomes for women affected by sexual crimes.
The Arena explains criminal …
Rape And Mental Health Outcomes Among Women: Examining The Moderating Effects Of “Healthy” Fear Levels, Ryan E. Spohn, Emily M. Wright, Johanna C. Peterson
Rape And Mental Health Outcomes Among Women: Examining The Moderating Effects Of “Healthy” Fear Levels, Ryan E. Spohn, Emily M. Wright, Johanna C. Peterson
Criminology and Criminal Justice Faculty Publications
This study examined the mediating and moderating impact of fear of victimization on the relationships between forcible and vicarious rape on depression and PTSD among college women. Forcible and vicarious rape positively affected PTSD and depression symptomology, but fear did not mediate these relationships. Fear moderated the impact of forcible rape on PTSD, but was not a moderator for depression. Findings suggest that there may be “healthy” levels of fear in the aftermath of victimization where having too little fear may leave women unnecessarily vulnerable to victimization, while having too much fear may lead to social isolation and withdrawal.
Campus Sexual Misconduct As Sexual Harassment: A Defense Of The Doe, Katharine Baker
Campus Sexual Misconduct As Sexual Harassment: A Defense Of The Doe, Katharine Baker
All Faculty Scholarship
This article explains and defends the Department of Education’s campaign against sexual misconduct on college campuses. It does so because DOE has inexplicably failed to make clear that their goal is to protect women from the intimidating and hostile environment that results when men routinely use women sexually, without regard to whether women consent to the sexual activity. That basic point, that schools are policing harassing and intimidating behavior, not necessarily rape, has been lost on both courts and commentators. Boorish, entitled, sexual behavior that stops well short of rape, if pervasive enough, has been actionable as sexual harassment for …
Campus Sexual Misconduct As Sexual Harassment: A Defense Of The Doe, Katharine K. Baker
Campus Sexual Misconduct As Sexual Harassment: A Defense Of The Doe, Katharine K. Baker
Katharine K. Baker
Prosecuting Rape Victims While Rapists Run Free: The Consequences Of Police Failure To Investigate Sex Crimes In Britain And The United States, Lisa Avalos
Lisa Avalos
Rape And Sexual Violence: Questionable Inevitability And Moral Responsibility In Armed Conflict, Katherine W. Bogen
Rape And Sexual Violence: Questionable Inevitability And Moral Responsibility In Armed Conflict, Katherine W. Bogen
Scholarly Undergraduate Research Journal at Clark (SURJ)
Wartime sexual violence is a critical human rights issue that usurps the autonomy of its victims as well as their physical and psychological safety. It occurs in both ethnic and non-ethnic wars, across geographic regions, against both men and women, and regardless of the “official” position of commanders, states, and armed groups on the use of rape as tactic of war. This problem is current, pervasive, and global in spite of the status of wartime sexual violence perpetration as a crime against humanity and the capacity of the international criminal court to indict offenders. Though some scholars have argued that …
Are Campus Sexual Assault Tribunals Fair?: The Need For Judicial Review And Additional Due Process Protections In Light Of New Case Law, Emily D. Safko
Are Campus Sexual Assault Tribunals Fair?: The Need For Judicial Review And Additional Due Process Protections In Light Of New Case Law, Emily D. Safko
Fordham Law Review
The pervasiveness of sexual assault on college and university campuses and the schools’ failures to take sexual assault seriously have resulted in recent reforms to college campus disciplinary proceedings. The federal government has largely prompted this wave of reform through Title IX, requiring schools to employ particular policies and procedures for investigating and adjudicating sexual assault as a condition of receiving federal funds. Although the federal government’s mandates may be properly motivated, these reforms are criticized because they encourage schools to enact procedures that are heavily stacked against those accused of sexual assault. Consequently, students alleging that they have been …
Trending @ Rwu Law: Deborah Gonzalez's Post: Bringing Good Fortune (And New Champions) Into The New Year!: 01-22-2016, Deborah Gonzalez
Trending @ Rwu Law: Deborah Gonzalez's Post: Bringing Good Fortune (And New Champions) Into The New Year!: 01-22-2016, Deborah Gonzalez
Law School Blogs
No abstract provided.
The Legal Limits Of “Yes Means Yes”, Paul H. Robinson
The Legal Limits Of “Yes Means Yes”, Paul H. Robinson
All Faculty Scholarship
This op-ed piece for the Chronicle of Higher Education argues that the affirmative consent rule of "yes means yes" is a useful standard that can help educate and ideally change norms regarding consent to sexual intercourse. But that goal can best be achieved by using “yes means yes” as an ex ante announcement of the society's desired rule of conduct. That standard only becomes problematic when used as the ex post principle of adjudication for allegations of rape. Indeed, those most interested in changing existing norms ought to be the persons most in support of distinguishing these two importantly different …
Prosecuting Rape Victims While Rapists Run Free: The Consequences Of Police Failure To Investigate Sex Crimes In Britain And The United States, Lisa Avalos
Michigan Journal of Gender & Law
Imagine that a close friend is raped, and you encourage her to report it to the police. At first, she thinks that the police are taking her report seriously, but the investigation does not seem to move forward. The next thing she knows, they accuse her of lying and ultimately file charges against her. You and your friend are in shock; this outcome never entered your minds. This nightmare may seem inconceivable, but it has in fact occurred repeatedly in both the United States and Britain—countries that are typically lauded for their high levels of gender equality. In Britain, where …
The Criminalization Of Title Ix, Erin R. Collins
The Criminalization Of Title Ix, Erin R. Collins
Law Faculty Publications
This essay proceeds in three parts. Part I provides a brief overview of the history of feminist-influenced criminal rape law reform and the rise of carceral feminism. Part II demonstrates how key tenets of the criminal law approach have been imported into emerging Title IX policies. Part III engages in a brief distributional analysis to identify who benefits and who loses from this approach. Then, drawing on insights from critical feminist critiques of rape law reform, begins to identify ways to use the opportunity Title IX presents to craft a very different kind of response to sexual assault--one that focuses …
Wanted For Being A Pregnant Teen: A Draconian Approach To Reducing Teen Pregnancy And Prosecuting Statutory Rape, Haddy Rikabi
Wanted For Being A Pregnant Teen: A Draconian Approach To Reducing Teen Pregnancy And Prosecuting Statutory Rape, Haddy Rikabi
Indiana Journal of Law and Social Equality
No abstract provided.
A Remedy For Male-To-Female Transgender Inmates: Applying Disparate Impact To Prison Placement, Janei Au
A Remedy For Male-To-Female Transgender Inmates: Applying Disparate Impact To Prison Placement, Janei Au
American University Journal of Gender, Social Policy & the Law
No abstract provided.
For The Title Ix Civil Rights Movement: Congratulations And Cautions, Nancy Chi Cantalupo
For The Title Ix Civil Rights Movement: Congratulations And Cautions, Nancy Chi Cantalupo
Faculty Scholarship
No abstract provided.
Anti-Rape Culture, Aya Gruber
Anti-Rape Culture, Aya Gruber
Publications
This essay, written for the Kansas Law Review Symposium on Campus Sexual Assault, critically analyzes “anti-rape culture” ― a set of empirical claims about rape’s prevalence, causes, and effects and a set of normative ideas about sex, gender, and institutional authority ― which has heralded a new era of discipline, in all senses of the word, on college campuses. In the past few years, publicity about the campus rape crisis has created widespread anxiety, despite the fact that incidents of sexual assault have generally declined and one-in-four-type statistics have been around for decades. The recent surge of interest is due …
Not Affirmative Consent, Aya Gruber
Children, Diane Marie Amann
Children, Diane Marie Amann
Scholarly Works
This chapter, which appears in The Cambridge Companion to International Criminal Law (William A. Schabas ed. 2016), discusses how international criminal law instruments and institutions address crimes against and affecting children. It contrasts the absence of express attention in the post-World War II era with the multiple provisions pertaining to children in the 1998 Statute of the International Criminal Court. The chapter examines key judgments in that court and in the Special Court for Sierra Leone, as well as the ICC’s current, comprehensive approach to the effects that crimes within its jurisdiction have on children. The chapter concludes with a …
Hidden Behind A 53 Foot Trailer: Are Women Truck Drivers At Risk For Sexual Assault?, Kim Bourne
Hidden Behind A 53 Foot Trailer: Are Women Truck Drivers At Risk For Sexual Assault?, Kim Bourne
Nursing Faculty Publications
Background. Sexual assault affects one in five women, worldwide, across their lifetime; approximately 22 million women in the United States (US). Only twenty-seven percent of the assaults are reported to the police. In the US, approximately 8% of the sexual assaults on women occur in the workplace; late hours of the night or early morning hours, working alone, working in isolated areas, working with the public, and working in a mobile workplace place women at an increased risk. There are approximately 200,000 women long-haul truck drivers in the US; 132,000 drives with a partner, and 99,000 drives with their intimate …
Consent Confusion, Aya Gruber
Consent Confusion, Aya Gruber
Publications
The slogans are ubiquitous: “Only ‘Yes’ Means ‘Yes’”; “Got Consent?”; “Consent is Hot, Assault is Not!” Clear consent is the rule, but the meaning of sexual consent is far from clear. The current state of confusion is evident in the numerous competing views about what constitutes mental agreement (grudging acceptance or eager desire?) and what comprises performative consent (passive acquiescence or an enthusiastic “yes”?). This paper seeks to clear up the consent confusion. It charts the contours of the sexual consent framework, categorizes different definitions of affirmative consent, and critically describes arguments for and against affirmative consent. Today’s widespread uncertainty …
Rape Law Revisited, Aya Gruber
Rape Law Revisited, Aya Gruber
Publications
This essay introduces the Ohio State Journal of Criminal Law Symposium, “Rape Law Revisited” (Vol. 13(2)). The Symposium features articles by Deborah Tuerkheimer, Kimberly Ferzan, David Bryden and Erica Madore, Bennett Capers, and Erin Collins. The symposium provides fresh perspectives on the issues surrounding sexual assault law and policy in today’s environment. The introduction notes that the current rape reform redux is not just a rehashing of old arguments, but boasts many new features. Today’s rape activism occurs in a moment when feminist ideas about coerced sex no longer exist at the margins — they govern and enjoy cultural acceptance, …
The Prosecutor's Duty To "Imperfect" Rape Victims, Tamara Rice Lave
The Prosecutor's Duty To "Imperfect" Rape Victims, Tamara Rice Lave
Articles
No abstract provided.
The Unintended Consequences Of The International Women's Movement: Medicalizing Rape In The Democratic Republic Of Congo, Faye N. Forman
The Unintended Consequences Of The International Women's Movement: Medicalizing Rape In The Democratic Republic Of Congo, Faye N. Forman
Senior Projects Spring 2016
The legal advancements made by western feminists from the 1960s continuing today mark a distinct shift for both the women's movement and mainstream radical feminist philosophy. This project examines the unintended consequences of the rise of the international women's movement as American feminists brought the law to bear as the primary instrument for reform to eradicate rape and violence against women. As contemporary political scholars demonstrate, legal remediation further codifies gender inequality and protective tropes that sexualize women's injury. Chapter 2 and 3 examines the intensified feminist efforts to criminalize domestic abuse at an international level, first at the United …
The Ethical Identity Of Sexual Assault Lawyers, Elaine Craig
The Ethical Identity Of Sexual Assault Lawyers, Elaine Craig
Articles, Book Chapters, & Popular Press
Despite progressive law reforms, sexual assault complainants continue to experience the criminal justice response to the violations that they have suffered as unsatisfactory, if not traumatic. One emerging response to this dilemma involves greater consideration of the ethical boundaries imposed on lawyers that practice sexual assault law. What is the relationship between a criminal lawyer’s ethical duties and the reforms to the law of sexual assault in Canada? How do lawyers themselves understand the ethical limits imposed on their conduct of a sexual assault case? How do lawyers that practice in this area of law comprehend their role in the …