Law Commons^™

Trending @ Rwu Law: Carl Bogus's Post: 'Should We Be Afraid? Absolutely. But Not Only Of Crazed Jihadists...', Carl Bogus

Law School Blogs

No abstract provided.

Trending@Rwu Law: Swapna Yeluri's Post: Baltimore: Ignoring Problems No Longer An Option, Swapna Yeluri

Law School Blogs

No abstract provided.

Newsroom: Yeluri '07 On Baltimore Protests, Swapna Yeluri

Life of the Law School (1993- )

No abstract provided.

Impact Of The “Nirbhaya” Rape Case: Isolated Phenomenon Or Social Change?, Tina P. Lapsia

Honors Scholar Theses

In December 2012, a twenty-three year old college student, who was given the pseudonym “Nirbhaya” (“fearless”), was fatally gang-raped on a private bus in Delhi, India, galvanizing the country to swiftly adopt new legislative measures and catapulting the issue of violence against women in India into the international spotlight. Although assault and rape cases have made India infamous for its high volume of crimes against women, the reaction to this particular incident was much different from before. This paper investigates whether the governmental and societal responses represent social change, as indicated by changing attitudes towards violence against women in India. …

The Civil Rights Approach To Campus Sexual Violence, Nancy Chi Cantalupo

Law Faculty Research Publications

No abstract provided.

For The Title Ix Civil Rights Movement: Congratulation And Cautions, Nancy Chy Cantalupo

Law Faculty Research Publications

No abstract provided.

Convergeing Around The Study Of Gender Violence: The Gender Violence Clinic At The University Of Maryland Carey School Of Law, Leigh S. Goodmark

Faculty Scholarship

Domestic violence clinics have been a staple of law school clinical programs since the 1980s. The University of Maryland Francis King Carey School of Law recently created the nation’s first Gender Violence Clinic, however. This article describes the motivation for taking a broader approach to gender based violence, the types of cases handled by the clinic, the challenges posed by the clinic structure, and the pedagogical goals for the clinic.

Submission To The Senate Community Affairs References Committee Inquiry Into Violence, Abuse And Neglect Against People With Disability In Institutional And Residential Settings, Including The Gender And Age Related Dimensions, And The Particular Situation Of Aboriginal And Torres Strait Islander People With Disability, And Culturally And Linguistically Diverse People With Disability (26 June), Linda Roslyn Steele

Faculty of Law, Humanities and the Arts - Papers (Archive)

This submission is made to the Senate Community Affairs References Committee’s (‘Senate Committee’) inquiry into violence, abuse and neglect against people with disability in institutional and residential settings, including the gender and age related dimensions, and the particular situation of Aboriginal and Torres Strait Islander people with disability, and culturally and linguistically diverse people with disability (‘the Senate Inquiry’).

Populism And Criminal Justice Policy: An Australian Case Study Of Non-Punitive Responses To Alcohol-Related Violence, Julia Quilter

Faculty of Law, Humanities and the Arts - Papers (Archive)

Populism is widely regarded in the literature as a negative and inherently punitive influence on criminal justice policy. This article challenges this view and highlights the ways in which populism can produce forms of citizen engagement in the criminal justice context that are new and progressive. These possibilities are illustrated through a close analysis of the responses to a single instance of ‘random’ fatal violence: the killing of Thomas Kelly in King’s Cross, Sydney, in 2012. This case study shows how a populist campaign powerfully realigned political allegiances to call for, and achieve, real and enduring action from the New …

Alcohol And Drug Fuelled Violence - Mandatory Aggravating Factor In Sentencing, Julia Quilter, Luke J. Mcnamara, Kate Seear, Robin Room

Faculty of Law, Humanities and the Arts - Papers (Archive)

1: We refer to the Attorney General's request for the Sentencing Council to consider a proposal from the Thomas Kelly Foundation to make amendments to the Crimes (Sentencing Procedure) Act 1999 ('the Act') aimed at deterring alcohol and drug fuelled violence.

Quick Fixes Aren't The Answer, Alcohol And Violence Have A Complex Relationship, Kate Seear, Julia Quilter, Luke J. Mcnamara, Robin Room

Faculty of Law, Humanities and the Arts - Papers (Archive)

The NSW Sentencing Council is considering proposals to change the laws designed to address alcohol-related violence, including whether people who commit crimes while intoxicated should always be treated as more culpable when being sentenced. Like many attention-grabbing quick fixes to society’s ills, this is a really bad idea. If adopted, the reform could lead to even tougher sentences for crimes committed by people affected by alcohol. Although it’s tempting to think of such crimes as new problems requiring novel solutions, debates about the relationship between alcohol and violence, including how it should be dealt with by criminal laws, are anything …

Work With Men To End Violence Against Women: A Critical Stocktake, Michael Flood

Faculty of Law, Humanities and the Arts - Papers (Archive)

This paper provides a critical assessment of efforts to involve men in the prevention of men's violence against women. Although there is a substantial evidence base attesting to the effectiveness of at least some strategies and interventions, this field is also limited in important ways. Violence prevention efforts often have focused on changing men's attitudes, rather than also seeking to transform structural and institutional inequalities. While feminist and queer scholarship has explored diversities and pluralities in the organisation of sexuality, much violence prevention work often assumes a homogenously heterosexual male constituency. Too often this work is conceptually simplistic with regard …

A Primer On Higher Education In The 21st Century: The University As A Whole And Contributions Made By Law Schools, Ronald Griffin

Journal Publications

Citizens live within their unit's belief systems and superstitions. Truth is derived from family narratives, stories spun by old friends, outbursts from neighbours, barbers, religious figures, and priests. Certainty and comfort come from living in these spaces. But there is a wider world out there with characters doing things that conflict with routine. Higher education illuminates this realm. Legal education predicts what authorities will do about their antics and, while this is a laudable undertaking in the abstract, legal education should do more. It should arm the next generation with tools to cope with cultural ruptures, social confusion, dislocations, avatars, …

Can't We Be Your Neighbor? Trayvon Martin, George Zimmerman, And The Resistance To Blacks As Neighbors, Jeannine Bell

Articles by Maurer Faculty

The Civil Rights Act of 1964 paved the way for the Fair Housing Act of 1968, which was designed to address discrimination in one of our most intimate space — neighborhoods. Fifty-six years after the passage of the Fair Housing Act, Americans remain fiercely resistant to the concept of neighborhood integration. This Article uses an unlikely event, the killing of Trayvon Martin, to discuss one manifestation of that resistance with disturbing implications.

From Work With Men And Boys To Changes Of Social Norms And Reduction Of Inequities In Gender Relations: A Conceptual Shift In Prevention Of Violence Against Women And Girls, Rachel K. Jewkes, Michael G. Flood, James Lang

Faculty of Law, Humanities and the Arts - Papers (Archive)

Violence perpetrated by and against men and boys is a major public health problem. Although individual men's use of violence differs, engagement of all men and boys in action to prevent violence against women and girls is essential. We discuss why this engagement approach is theoretically important and how prevention interventions have developed from treating men simply as perpetrators of violence against women and girls or as allies of women in its prevention, to approaches that seek to transform the relations, social norms, and systems that sustain gender inequality and violence. We review evidence of intervention effectiveness in the reduction …

A Provocative Defense, Aya Gruber

Publications

It is common wisdom that the provocation defense is, quite simply, sexist. For decades, there has been a trenchant feminist critique that the doctrine reflects and reinforces masculine norms of violence and shelters brutal domestic killers. The critique is so prominent that it appears alongside the doctrine itself in leading criminal law casebooks. The feminist critique of provocation embodies several claims about provocation's problematically gendered nature, including that the defense is steeped in chauvinist history, treats culpable sexist killers too leniently, discriminates against women, and expresses bad messages. This Article offers a (likely provocative) defense of the provocation doctrine. While …

Boys, Rape And Masculinity: Reclaiming Boys’ Narratives Of Sexual Violence In Custody, Brenda V. Smith

Articles in Law Reviews & Other Academic Journals

This article examines a little studied area at the intersections of masculinity, feminist studies, and criminal justice — sexual abuse of boys in custody by female staff. Professor Smith outlines the scope of the problem and discusses competing narratives that attempt to explain the phenomena: (1) female staff as “mother, sister, friend”; (2) adolescent development theory; (3) complex early childhood trauma; and (4) female authority and power. There is a gap in both masculinity and feminist theory in analyzing sexual aggression and power by women over boys. The talk article concludes with policy and practice prescription and recommendations for further …

An Administrative Stopgap For Migrants From The Northern Triangle, Collin D. Schueler

Law Faculty Scholarly Articles

From 2011–2014, the United States Department of Homeland Security recorded an extraordinary increase in the number of unaccompanied children arriving at the southern border from Central America’s “Northern Triangle”—the area made up of El Salvador, Guatemala, and Honduras. In fact, in fiscal year 2014, United States Customs and Border Protection apprehended over 50,000 unaccompanied children from the Northern Triangle. That is thirteen times more than just three years earlier.

This Article examines the intersecting humanitarian and legal crises facing these children and offers an administrative solution to the problem. The children are fleeing a genuine humanitarian crisis—a region overrun by …

Good Cop -- Bad Cop: Police Violence And The Child’S Mind, Andrea L. Dennis

Scholarly Works

Police violence against citizens lately has gripped the nation’s attention because of recent cases in Ferguson, Missouri; Staten Island, New York; Cleveland, Ohio; Baltimore, Maryland; and elsewhere. Children in those communities and nationwide have been directly and indirectly exposed to these well-publicized incidences of police killings and the aftermath of those killings.

Exposure to police violence may cause children physical, cognitive, emotional, and social trauma. Moreover, the exposure may negatively influence children’s mindsets regarding the criminal justice system and police.

Undoubtedly, these events of late are not the first and only instances in which children have been exposed to physically …

Defensive Force Against Non-State Actors: The State Of Play, Monica Hakimi

Articles

This article assesses the implications of the current Syria situation for the international law on the use of defensive force against non-State actors. The law in this area is highly unsettled, with multiple legal positions in play. After mapping the legal terrain, the article shows that the Syria situation accentuates three preexisting trends. First, the claim that international law absolutely prohibits the use of defensive force against non-State actors is increasingly difficult to sustain. States, on the whole, have supported the operation against the so-called Islamic State in Syria. Second, States still have not coalesced around a legal standard on …