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Full-Text Articles in Law

Feminism And International Law: An Opportunity For Transformation, Rosa Ehrenreich Brooks Jan 2002

Feminism And International Law: An Opportunity For Transformation, Rosa Ehrenreich Brooks

Georgetown Law Faculty Publications and Other Works

In this essay, the author wants to outline briefly both some of the ways in which the assumptions and categories of international law can be damaging to women, and also some of the ways in which creative feminists could use international law to transform both international policy and the domestic political and legal discourse. In the wake of September 11, a robust feminist engagement with international law and policy is more urgent than ever before.


Law's Constitution: A Relational Critique, Victoria Nourse Jan 2002

Law's Constitution: A Relational Critique, Victoria Nourse

Georgetown Law Faculty Publications and Other Works

It is a simple fact: we begin from others. Without others we, quite literally, could not live, feel, be born. Every mother, every mother's partner, every father, every child, knows this. But law sees these relations as something lesser, as foreign. Mention the word "relationship" to the average lawyer and she will likely assume that you are talking about sex, dating, or perhaps marriage. She may even wonder what "relationship" has to do with the law at all.

In this paper, the author wonders whether it is possible to flip that equation, to think of the relational as central, rather …


Procedural Justice: Tempering The State’S Response To Domestic Violence, Deborah Epstein Jan 2002

Procedural Justice: Tempering The State’S Response To Domestic Violence, Deborah Epstein

Georgetown Law Faculty Publications and Other Works

Part I of this Article documents the recent legal reforms implemented on behalf of battered women in the criminal and civil justice systems. These include warrantless arrest, mandatory arrest laws, and no-drop prosecution policies, as well as civil protection order statutes and statutory modifications recommended by the Model State Code on Domestic and Family Violence. Part II describes the ways in which these reforms have improved the state's responsiveness to victims, yet simultaneously entailed serious costs by diminishing batterers' perceptions of procedural justice. Part III defines the building blocks of procedural justice and reviews the social science data demonstrating its …