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Full-Text Articles in Law
Sex Before Violence: Girls, Dating Violence, And (Perceived) Sexual Autonomy, Cheryl Hanna
Sex Before Violence: Girls, Dating Violence, And (Perceived) Sexual Autonomy, Cheryl Hanna
Fordham Urban Law Journal
This article explores the phenomenon of girl violence by examining teen dating violence and girls' experiences with intimate abuse both as victims and as perpetrators. While there is a tendency to view women's experiences as victims of violence as separate and distinct from their experiences as victims of violence, the two phenomena are interrelated. A girl's violent victimization can lead her to victimize someone else, just as her own violence can lead her to violent victimization. These conversations about young women and sexual behavior are especially important for lawyers and advocates. While the implementation of legal strategies such as civil …
Rare & Inconsistent: The Death Penalty For Women, Victor L. Streib
Rare & Inconsistent: The Death Penalty For Women, Victor L. Streib
Fordham Urban Law Journal
Previous studies of the national landscape around the death penalty for women have identified and analyzed past themes and issues.22 This Article brings the analysis current through 2005, beginning with a reprise of the conversations about gender bias and disparity in the death penalty system. It appears that female offenders have always been treated differently from male offenders in the death penalty system, sometimes for reasons that are easily justifiable but too often simply because of sex bias. The next section of this Article explores the current death penalty era, identifying those women who have been sentenced to death, those …
Giving Women The Benefit Of Equality: A Response To Wirenius, Tracy Higgins
Giving Women The Benefit Of Equality: A Response To Wirenius, Tracy Higgins
Fordham Urban Law Journal
This essay offers a feminist response to Mr. Wirenius’s provocative critique of Professor MacKinnon. Whether supporting or opposing pornography regulation, feminist legal scholars tend to approach the issue from neither of the traditional positions – First Amendment absolutist or moral censor. Rather, a feminist approach to pornography is informed by an understanding of the profound harm that pornography can and does inflict upon women. Consequently, even for feminists who many oppose pornographic regulation, the choice is not an obvious one, as it seems to be for Mr. Wirenius, between the good of civil libertarianism and the evil of totalitarianism. An …
Giving The Devil The Benefit Of Law: Pornographers, The Feminist Attack On Free Speech, And The First Amendment, John F. Wirenius
Giving The Devil The Benefit Of Law: Pornographers, The Feminist Attack On Free Speech, And The First Amendment, John F. Wirenius
Fordham Urban Law Journal
The battle lines over the censorship of “pornographic” materials have been shifted by a faction of the women’s movement following the publication of Andrea Dworkin’s Pornography: Men Possessing Women. With Dworkin, Catharine A. MacKinnon, a vocal and influential female advocate, co-authored a prototypical ordinance to protect against the degradation of individuals, mainly women, in pornography. To these advocates, pornography causes direct harm to individuals coerced into sexual activity and indirect harm by inculcating society with the chauvinistic norms of the pornographic world. While Wirenius agrees with MacKinnon and Dworkin about the importance of pornography in First Amendment jurisprudence, he disagrees …
Criminal Law--Rape--Cautionary Instruction In Sex Offense Trial Relating Prosecutrix's Credibility To The Nature Of The Crime Charged Is No Longer Mandatory; Discretionary Use Is Disapproved
Fordham Urban Law Journal
Defendant was convicted of rape, oral copulation, and attempted sodomy in Superior Court, Los Angeles County. The case against him rested predominantly on the testimony of his adult victim, partially corroborated as to identity by a scratch on defendant’s forehead, and further substantiated by defendant’s “if I did it I was drunk” admission to the police. The defendant appealed alleging error by the trial judge for failing to give a mandatory cautionary instruction. The California Supreme Court held that because the defendant was entitled to the cautionary instruction the trial judge had committed error in refusing to give it. Such …