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Full-Text Articles in Law

Breaking Out Of "Custody": A Feminist Voice In Constitutional Criminal Procedure, Dana Raigrodski Jan 1999

Breaking Out Of "Custody": A Feminist Voice In Constitutional Criminal Procedure, Dana Raigrodski

Articles

In this Essay, I suggest that reexamination of this field of law through a feminist lens can shed new light and add to the understanding of constitutional criminal procedure. These insights, in turn, can and should generate a positive feminist jurisprudence of criminal procedure—a distinctive feminist voice to be integrated systematically into our constitutional criminal procedure and our criminal justice system. Applying feminist legal theories to particular areas of constitutional criminal procedure may help guide us through the more difficult task of constructing a positive feminist jurisprudence of constitutional criminal procedure. Many areas of constitutional criminal procedure lend themselves as …


The "Comfort Women" Case: Judgment Of April 27, 1998, Shimonoseki Branch, Yamaguchi Prefectural Court, Japan, Taihei Okada Jan 1999

The "Comfort Women" Case: Judgment Of April 27, 1998, Shimonoseki Branch, Yamaguchi Prefectural Court, Japan, Taihei Okada

Washington International Law Journal

This court hereby issues the following judgment on the Plaintiffs' claim for an official apology and compensation for "Comfort Women and female Teishintai forced laborers from the city of Pusan, and an official apology and compensation for all female Teishintai forced laborers and "Comfort Women," based on proceedings in this court concluding September 29, 1997.


Commentary On A Victory For "Comfort Women": Japan's Judicual Recognition Of Military Sexual Slavery, Etsuro Tutsuka Jan 1999

Commentary On A Victory For "Comfort Women": Japan's Judicual Recognition Of Military Sexual Slavery, Etsuro Tutsuka

Washington International Law Journal

Despite international condemnation, Japan has done little to recognize its responsibility for forcing over 200,000 "Comfort Women" into sexual slavery for the Japanese Imperial Army during the Second World War. However, in a landmark April 1998 decision, a Japanese court ordered Japan to compensate three Korean "Comfort Women." This was the first time that a Japanese court found in favor of foreign plaintiffs in a postwar compensation case. The court held members of the Diet negligent under the State Liability Act for failing to enact a compensation law for the "Comfort Women." Although the judgment will almost certainly be overturned, …


From Office Ladies To Women Warriors?: The Effect Of The Eeol On Japanese Women, Jennifer S. Fan Jan 1999

From Office Ladies To Women Warriors?: The Effect Of The Eeol On Japanese Women, Jennifer S. Fan

Articles

In this Article, Jennifer Fan argues that existing laws in Japan do not adequately protect working women from sex discrimination. Specifically, Fan examines the Equal Employment Opportunity Law (EEOL), a law designed to prevent discrimination against women in the workplace, and concludes that the EEOL is little more than a paper tiger that preserves the status quo. After briefly discussing the legal sources of protection for working women in Japan before the passage of the EEOL, Fan examines the creation of the EEOL, its substantive provisions, and its legal impact. Through her analysis of recent sexual harassment cases in light …


Some Of Them Still Don't Get It: Hostile Work Environment Litigation In The Lower Courts, Eric Schnapper Jan 1999

Some Of Them Still Don't Get It: Hostile Work Environment Litigation In The Lower Courts, Eric Schnapper

Articles

This Article describes how the courts of appeals have decided sexual harassment cases in the five years since Harris v. Forklift Systems, Inc., 510 US 17 (1993). In some circuits, events have unfolded largely as Justice Scalia anticipated: the trier of fact—ordinarily a jury—applies the hostile work environment standard announced in Meritor and elaborated upon in Harris.