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Articles 1 - 30 of 34
Full-Text Articles in Law
Appellate Division, First Department - People V. Martinez, Jean K. Delisle
Appellate Division, First Department - People V. Martinez, Jean K. Delisle
Touro Law Review
No abstract provided.
Reparations For Conflict-Related Sexual And Reproductive Violence: A Decalogue, Ruth Rubio-Marín
Reparations For Conflict-Related Sexual And Reproductive Violence: A Decalogue, Ruth Rubio-Marín
William & Mary Journal of Race, Gender, and Social Justice
No abstract provided.
Introduction: Making The Link Between Transitional Justice And Conflict-Related Sexual Violence, Margot Wallström
Introduction: Making The Link Between Transitional Justice And Conflict-Related Sexual Violence, Margot Wallström
William & Mary Journal of Race, Gender, and Social Justice
No abstract provided.
Corrective Rape In South Africa: A Continuing Plight Despite An International Human Rights Repsonse, Roderick Brown
Corrective Rape In South Africa: A Continuing Plight Despite An International Human Rights Repsonse, Roderick Brown
Annual Survey of International & Comparative Law
First, this paper will discuss the historical and societal basis for corrective rape, then, its scope and presence globally. Subsequently, the paper will introduce the laws and policies that should address the problem of corrective rape, and how the South African state and citizens violate them, including, first, the international human rights framework that existed before corrective rape came into the spotlight; then, it will address the recent developments that were instituted in response to violations of LGBTI rights globally. Finally, the paper will provide specific laws and policies that should be implemented in order to provide effective and durable …
Adult Survivors Of Childhood Sexual Abuse And The Statute Of Limitations: The Need For Consistent Application Of The Delayed Discovery Rule, Gregory G. Gordon
Adult Survivors Of Childhood Sexual Abuse And The Statute Of Limitations: The Need For Consistent Application Of The Delayed Discovery Rule, Gregory G. Gordon
Pepperdine Law Review
No abstract provided.
Images Of Men In Feminist Legal Theory , Brian Bendig
Images Of Men In Feminist Legal Theory , Brian Bendig
Pepperdine Law Review
No abstract provided.
Forcing The Issue: An Analysis Of The Various Standards Of Forcible Compulsion In Rape, Joshua Mark Fried
Forcing The Issue: An Analysis Of The Various Standards Of Forcible Compulsion In Rape, Joshua Mark Fried
Pepperdine Law Review
No abstract provided.
Cruel But Not So Unusual: Farmer V. Brennan And The Devolving Standards Of Decency, Stacy Lancaster Cozad
Cruel But Not So Unusual: Farmer V. Brennan And The Devolving Standards Of Decency, Stacy Lancaster Cozad
Pepperdine Law Review
No abstract provided.
No Penetration—And It's Still Rape, Lundy Langston
No Penetration—And It's Still Rape, Lundy Langston
Pepperdine Law Review
No abstract provided.
Making Sex The Same: Ending The Unfair Treatment Of Males In Family Law, Myrisha S. Lewis
Making Sex The Same: Ending The Unfair Treatment Of Males In Family Law, Myrisha S. Lewis
Faculty Publications
No abstract provided.
Identity Crises And Incarceration: Preventing Prison Rape By Channeling Expressions Of Masculinity, Daniel A. Nolan Iv
Identity Crises And Incarceration: Preventing Prison Rape By Channeling Expressions Of Masculinity, Daniel A. Nolan Iv
Daniel A Nolan IV
Prison rape is a well-known and widely publicized problem in the American prison system. Even with this high degree of visibility, the problem persists despite correctional officials’ best efforts. These efforts to combat prison rape have focused almost exclusively on preventing the physical act from occurring. While it might seem like a straightforward or obvious approach, this type of strategy does nothing to address why rape is so common among prison inmates. Solutions that merely prevent rape from occurring, without addressing the underlying cause, do nothing to change a cultural environment that rewards sexual assault.
This Article argues that the …
An End To The Violence: Justifying Gender As A "Particular Social Group", Suzanne Sidun
An End To The Violence: Justifying Gender As A "Particular Social Group", Suzanne Sidun
Pepperdine Law Review
No abstract provided.
Development And Dissemination Of Clean Cookstoves: A Model Law For Developed Countries, Scott Miller
Development And Dissemination Of Clean Cookstoves: A Model Law For Developed Countries, Scott Miller
Drafting Model Laws on Indoor Pollution for Developing and Developed Nations (July 12-13)
21 pages.
"This model law was developed at a legislative drafting workshop on July 12-13, 2012, entitled Drafting Model Laws on Indoor Pollution for Developing and Developed Nations, which was sponsored by the Center for Energy & Environmental Security and the Colorado Natural Resources, Energy & Environmental Law Review at the University of Colorado Law School in Boulder, Colorado."-- Excerpted from 24 Colo. Nat. Resources, Energy & Envtl. L. Rev. 355 (2013).
"Scott Miller ed."
Development And Dissemination Of Clean Cookstoves: A Model Law For Developing Countries, Lakshman Guruswamy Ed.
Development And Dissemination Of Clean Cookstoves: A Model Law For Developing Countries, Lakshman Guruswamy Ed.
Drafting Model Laws on Indoor Pollution for Developing and Developed Nations (July 12-13)
24 pages.
"This model law was developed at a legislative drafting workshop on July 12-13, 2012, entitled Drafting Model Laws on Indoor Pollution for Developing and Developed Nations, which was sponsored by the Center for Energy & Environmental Security and the Colorado Natural Resources, Energy & Environmental Law Review at the University of Colorado Law School in Boulder, Colorado." Excerpted from 24 Colo. Nat. Resources, Energy & Envtl. L. Rev. 331 (2013).
“Hands Off”: Sex, Feminism, Affirmative Consent, And The Law Of Foreplay, Dan Subotnik
“Hands Off”: Sex, Feminism, Affirmative Consent, And The Law Of Foreplay, Dan Subotnik
Dan Subotnik
No abstract provided.
Constitutional Concerns About Capital Punishment: The Death Penalty Statute In New York State, Richard Klein
Constitutional Concerns About Capital Punishment: The Death Penalty Statute In New York State, Richard Klein
Richard Daniel Klein
No abstract provided.
The Paradox Of Statutory Rape, Russell L. Christopher, Kathryn H. Christopher
The Paradox Of Statutory Rape, Russell L. Christopher, Kathryn H. Christopher
Indiana Law Journal
What once protected only virginal girls under the age of ten now also protects sexually aggressive males under the age of eighteen. While thirteenth-century statutory rape law had little reason to address the unthinkable possibility of chaste nine-year-old girls raping adult men, twenty-first-century statutory rape law has failed to address the modern reality of distinctly unchaste seventeen-year-old males raping adult women. Despite dramatically expanding statutory rape’s protected class, the minimalist thirteenth-century conception of the offense remains largely unchanged—intercourse with a juvenile. Overlooked is the new effect of this centuries-old offense—a sexually aggressive seventeen-year-old raping an adult now exposes the adult …
The Assault Of Jamie Leigh Jones: How One Woman's Horror Story Is Changing Arbitration In America, Jeffrey Adams
The Assault Of Jamie Leigh Jones: How One Woman's Horror Story Is Changing Arbitration In America, Jeffrey Adams
Pepperdine Dispute Resolution Law Journal
This article examines Jones v. Halliburton Co., the "Al Franken Amendment" to the 2010 U.S. Defense Department Budget (Franken Amendment) that was created in response to Jones, and the impact that both could have on mandatory arbitration clauses in employment contracts in the future. Part II recounts the troubling events that led to Jones and the inclusion of the Franken Amendment in the 2010 Defense Department Budget. Part III details the arguments made for and against the inclusion of the Franken Amendment. Part IV analyzes the impact that the Franken Amendment could have on mandatory arbitration clauses in contacts in …
Anonymous Reporting Of Sexual Assault Using Internet Technology, Janette A. Bertness
Anonymous Reporting Of Sexual Assault Using Internet Technology, Janette A. Bertness
Janette A Bertness
Abstract: This paper will discuss the current status of rape and sexual assault in the United States, problems associated with using scientific evidence to prosecute offenders, and suggest a method of anonymous reporting to boost prosecution and conviction of serial offenders.
The Sexual Assault Counselor-Victim Privilege: Jurisdictional Delay Into An Unclaimed Sanctuary, Armand Arabian
The Sexual Assault Counselor-Victim Privilege: Jurisdictional Delay Into An Unclaimed Sanctuary, Armand Arabian
Pepperdine Law Review
No abstract provided.
The Failure Of The Tribal Law And Order Act Of 2010 To End The Rape Of American Indian Women, Samuel D. Cardick
The Failure Of The Tribal Law And Order Act Of 2010 To End The Rape Of American Indian Women, Samuel D. Cardick
Saint Louis University Public Law Review
No abstract provided.
Women In The Aftermath Of The 2010 Haitian Earthquake, Benedetta Faedi Duramy
Women In The Aftermath Of The 2010 Haitian Earthquake, Benedetta Faedi Duramy
Publications
This Article examines women’s and girls’ struggles in the aftermath of the Haitian earthquake. In particular, it focuses on the grievous conditions in the displacement camps that foster gender-based violence and abuse, often perpetrated by members of armed groups or prison escapees. Indeed, the lack of lighting, private sanitary facilities, secure shelters, and police patrols in the encampment areas endanger women’s and girls’ safety. The devastation and traumatic loss of family and community members following the earthquake further affect women’s resilience and increase their vulnerability to abuse and sexual violence. By examining the conditions and risks faced by women and …
Victim Participation At The International Criminal Court And The Extraordinary Chambers In The Courts Of Cambodia: A Feminist Project, Susana Sacouto
Victim Participation At The International Criminal Court And The Extraordinary Chambers In The Courts Of Cambodia: A Feminist Project, Susana Sacouto
Michigan Journal of Gender & Law
The question this Article poses is whether victim participation--one of the most recent developments in international criminal law--has increased the visibility of the actual lived experience of survivors of sexual and gender-based violence in the context of war, mass violence, or repression. Under the Rome Statute, victims of the world's most serious crimes were given unprecedented rights to participate in proceedings before the Court. Nearly a decade later, a similar scheme was established to allow victims to participate as civil parties in the proceedings before the Extraordinary Chambers in the Courts of Cambodia (ECCC or Extraordinary Chambers), a court created …
Too Rough A Justice: The Ethiopia-Eritrea Claims Commission And Civil Liability For Claims For Rape Under International Law, Ryan S. Lincoln
Too Rough A Justice: The Ethiopia-Eritrea Claims Commission And Civil Liability For Claims For Rape Under International Law, Ryan S. Lincoln
Ryan S. Lincoln
The developments in international law prohibiting rape during armed conflict have grown at a rapid pace in recent decades. Whereas rape had long been considered an inevitable by-product of armed conflict, evolution in international humanitarian law (IHL) has relegated this conception mostly to the past. The work of international criminal tribunals has been at the forefront of this change, developing the specific elements of the international crime of rape, and helping to change the perception of rape in international law. Violations of IHL, however, also give rise to civil liability. Despite the advances with respect to rape made in the …
Fifty State Survey Of Child Exploitation Laws, Brenda V. Smith
Fifty State Survey Of Child Exploitation Laws, Brenda V. Smith
The Project on Addressing Prison Rape - Surveys
This document provides information regarding enacting state, statute number, statute title, coverage, definition and notes, penalties, and defenses (if given) for criminal laws prohibiting sexual abuse of inmates by staff.
Steps To Alleviating Violence Against Women On Tribal Lands, Anjum Unwala
Steps To Alleviating Violence Against Women On Tribal Lands, Anjum Unwala
University of Michigan Journal of Law Reform Caveat
One in three Native American women has been raped or has experienced an attempted rape. Federal officials also failed to prosecute 75% of the alleged sex crimes against women and children living under tribal authority. The Senate bill to reauthorize the 1994 Violence Against Women Act (VAWA) could provide appropriate recourse for Native American women who are victims of sexual assault. This bill (S. 1925), introduced in 2011, would grant tribal courts the ability to prosecute non-Indians who have sexually assaulted their Native American spouses and domestic partners. Congress has quickly reauthorized the Violence Against Women Act twice before. But …
Kiss The Ring, But Never Touch The Crown: How U.S. Policy Denies Indian Women Bodily Autonomy And The Save Native Women Act's Attempt To Reverse That Policy, Hossein Dabiri
American Indian Law Review
No abstract provided.
A "Neo-Feminist" Assessment Of Rape And Domestic Violence Law Reform, Aya Gruber
A "Neo-Feminist" Assessment Of Rape And Domestic Violence Law Reform, Aya Gruber
Publications
No abstract provided.
Do Sex Offender Registries Make Us Less Safe?, J. J. Prescott
Do Sex Offender Registries Make Us Less Safe?, J. J. Prescott
Articles
State legislatures enacted sex offender registration and notification (SORN) laws with the explicit and exclusive aim of reducing sex offender recidivism. The general idea that we ought to “regulate” released offenders — of any type — to reduce the likelihood of their returning to crime is an attractive one, at least in theory. Criminal recidivism generates significant social harm. Nevertheless, despite their now-widespread use, SORN laws became the norm without any systematic study of their consequences. Admittedly, the logic underlying these laws seems at first difficult to gainsay: if a known sex offender poses even a small risk to a …
Fatherhood By Conscription: Nonconsensual Insemination And The Duty Of Child Support, Michael Higdon
Fatherhood By Conscription: Nonconsensual Insemination And The Duty Of Child Support, Michael Higdon
College of Law Faculty Scholarship
Nathaniel was a California teenager who became a father in 1995. The mother of Nathaniel’s child was named Ricci, and at the time of conception, she was thirty-four years old. Nathaniel, however, was merely fifteen. Although Nathaniel admitted to having sex with Ricci voluntarily about five times, the fact that he was under sixteen years of age at the time made it legally impossible for him to consent to sexual intercourse. In other words, under California law, Nathaniel was not only a new father, but was also a victim of statutory rape. Nonetheless, in a subsequent action for child support, …