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Articles 1 - 8 of 8

Full-Text Articles in Law

A Proposal To Improve The Treatment Of Women In Asylum Law: Adding A "Gender" Category To The International Definition Of "Refugee", Todd Stewart Schenk Oct 1994

A Proposal To Improve The Treatment Of Women In Asylum Law: Adding A "Gender" Category To The International Definition Of "Refugee", Todd Stewart Schenk

Indiana Journal of Global Legal Studies

No abstract provided.


Deciding To Kill: Revealing The Gender In The Task Handed To Capital Jurors, Joan W. Howarth Jan 1994

Deciding To Kill: Revealing The Gender In The Task Handed To Capital Jurors, Joan W. Howarth

Scholarly Works

Day after day, across this country, ordinary people are summoned to court for a selection process that ultimately leaves them in a room deciding, with other jurors, whether a criminal defendant should be killed. The task handed to these jurors is an awesome, personal, moral decision, encased within the complex legal standards and procedures that constitute modern capital jurisprudence. The doctrine that created and sustains this moment of conscience reflects an ongoing struggle of rule against uncertainty, reason against emotion, justice against mercy, and thus, at one level, male against female. Capital jurisprudence -- the law for deciding whether to kill ...


Gender, Crime, And The Criminal Law Defenses, Deborah W. Denno Jan 1994

Gender, Crime, And The Criminal Law Defenses, Deborah W. Denno

Faculty Scholarship

This Article attempts to explain some of the disparity in criminality between males and females by analyzing the results of the “Biosocial Study,” one of this country's largest longitudinal studies of biological, psychological, and sociological predictors of crime. Section II analyzes the literature and research on gender differences in crime. Section III describes the Biosocial Study and its results, noting the gender differences in the prevalence and prediction of crime and the inability of any one factor to be a strong predictor of crime. Section IV considers whether gender differences warrant disparate types of punishment or treatment within the ...


Responding To Gender Bias In The Courts: Progress Without Accountability, Suellyn Scarnecchia Jan 1994

Responding To Gender Bias In The Courts: Progress Without Accountability, Suellyn Scarnecchia

Articles

On December 19, 1989, we received the final report of the Michigan Supreme Court Task Force on Gender Issues (task force report). The task force made 91 recommendations, plus an additional 18 joint recommendations with the Task Force on Racial/Ethnic Issues in the Courts. The Michigan Supreme Court, the State Bar of Michigan and other individuals and organizations have made much progress in responding to the recommendations, with one glaring omission-Although jointly recommended by both task forces as "essential to the realization of the goals envisioned in the goals envisioned in the reports," the Supreme Court has failed to ...


Recognizing Violence Against Women: Gender And The Hate Crimes Statistics Act, Elizabeth Pendo Jan 1994

Recognizing Violence Against Women: Gender And The Hate Crimes Statistics Act, Elizabeth Pendo

All Faculty Scholarship

This article argues that acts of gender-based violence should be recognized under the Hate Crimes Statistics Act of 1990, and that certain types of violence against women, such as rape, are fundamentally gender-based. Part I examines the existing definition of hate crimes under the HCSA, and the exclusion of the majority of violence against women. Part II suggests gender should be included as a category under the HCSA because of the similar effects of violence directed at women due to gender, and violence directed at members of other groups because of their group identity. Using acquaintance rape as an example ...


Girls And The Getaway: Cars, Culture, And The Predicament Of Gendered Space, Carol Sanger Jan 1994

Girls And The Getaway: Cars, Culture, And The Predicament Of Gendered Space, Carol Sanger

Faculty Scholarship

What is the legal significance of the social significance of things? How does the law comprehend, affect, reinforce, transform, and undermine the relations between persons and things? In this Essay I examine these questions by looking at connections between one particular thing – the automobile – and one particular group of persons – women. How is it that the automobile has come to serve women – as drivers, passengers, as purchasersless well than men? After all, in some sense a car is a gender neutral machine seemingly capable of taking drivers of either sex equal distances. But how long after the first one was ...


A Survey Of Feminist Jurisprudence, Lisa Pruitt Dec 1993

A Survey Of Feminist Jurisprudence, Lisa Pruitt

Lisa R Pruitt

This essay articulates a relatively early taxonomy of the various strands of feminist legal theory. Its reach is transnational, including references to works by some European and Australian scholars.


The Role Of Gender In A Structured Sentencing System: Equal Treatment, Policy Choices, And The Sentencing Of Female Offenders Under The United States Sentencing Guidelines, Barry L. Johnson, Ilene H. Nagel Dec 1993

The Role Of Gender In A Structured Sentencing System: Equal Treatment, Policy Choices, And The Sentencing Of Female Offenders Under The United States Sentencing Guidelines, Barry L. Johnson, Ilene H. Nagel

Barry L. Johnson

No abstract provided.