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Full-Text Articles in Law

Divorcing Guns: How Family Law Could Change Parental Gun Ownership And Save Kids’ Lives, Marcia A. Zug Sep 2022

Divorcing Guns: How Family Law Could Change Parental Gun Ownership And Save Kids’ Lives, Marcia A. Zug

Washington and Lee Law Review Online

Guns are deadly. They are especially deadly for children yet, currently, parental gun ownership is not a major factor in custody disputes. This needs to change. Making irresponsible gun ownership a routine factor in custody cases could transform parental gun behavior. In other contexts, the potential loss of custody has proven to be an extremely strong deterrent. Moreover, unlike other proposed solutions to gun fatalities, this is a change that can be made right now. Making guns a part of custody disputes does not require the enactment of new legislation or even a judicial determination. By simply raising the issue …


Three Strong Women, By Marie Ndiaye: The Grace Of Resilience, Carole Auroy Aug 2022

Three Strong Women, By Marie Ndiaye: The Grace Of Resilience, Carole Auroy

BAU Journal - Society, Culture and Human Behavior

By taking "three strong women" as heroines, Marie NDiaye brings out the paradoxical strength of characters caught up in the destructive mechanisms of stories with uncertain endings. We perceive in these women the models of a resilience whose restorative grace is inscribed the intersubjective relations of which they are the hearths. This hypothesis invites us to observe how these relationships, threatened by an alienating confusion, get out of it, but also to locate the opaque zones of the narratives which designate the fragility of the process. Resilience could be the faculty of escaping from the dead life, that which makes …


The Social Obstacles In Richard Wright’S Black Boy (1945) Novel: Acritical Analysis, Mutaz Tarik Shakir Jul 2022

The Social Obstacles In Richard Wright’S Black Boy (1945) Novel: Acritical Analysis, Mutaz Tarik Shakir

Journal of STEPS for Humanities and Social Sciences

Since the mid-1920s, the fundamental concern of American writers has been the phenomenon of deceit and reality and the struggle for self-definition as members of society. Black people in the United States have struggled to implement racial equality among members of society, especially after the declaration of their country's independence. Many achievements have been made in many areas over the last few decades, but the problem of ethnic conflict has not been completely resolved. The novel demonstrated blind fanaticism in the South and its negative effects on society. The Numerous difficulties in Wright's family life are directly or indirectly the …


Gender-Based Violence In Pakistan And Public Health Measures: A Call To Action, Azza Sarfraz, Zouina Sarfraz, Muzna Sarfraz, Zul Qarnain Jul 2022

Gender-Based Violence In Pakistan And Public Health Measures: A Call To Action, Azza Sarfraz, Zouina Sarfraz, Muzna Sarfraz, Zul Qarnain

Department of Paediatrics and Child Health

No abstract provided.


Fanon, Colonial Violence, And Racist Language In Federal American Indian Law, Joubin Khazaie May 2022

Fanon, Colonial Violence, And Racist Language In Federal American Indian Law, Joubin Khazaie

University of Miami Race & Social Justice Law Review

This Comment will argue that the racist language enshrined in foundational Supreme Court decisions involving Native tribes continuously enacts a form of colonial violence that seeks to preserve a white racial dictatorship. The paper will use Frantz Fanon’s scholarship on colonial violence and the dehumanization of Indigenous people as a framework to understand the history of legalized racism against Indigenous people in the United States. Fanon’s analysis allows us to understand how language is used to dehumanize Native people in order to establish a system of hierarchy that informs the societal roles of the colonizer and the colonized. The paper …


Credible: Why We Doubt Accusers And Protect Abusers: A Book Talk With Author Deborah Tuerkheimer, Deborah Tuerkheimer, Emily Sack Apr 2022

Credible: Why We Doubt Accusers And Protect Abusers: A Book Talk With Author Deborah Tuerkheimer, Deborah Tuerkheimer, Emily Sack

School of Law Conferences, Lectures & Events

No abstract provided.


The Third Annual Women In Law Leadership Lecture: A Fireside Chat Featuring Amy Barasch, Esq., Roger Williams University School Of Law Mar 2022

The Third Annual Women In Law Leadership Lecture: A Fireside Chat Featuring Amy Barasch, Esq., Roger Williams University School Of Law

School of Law Conferences, Lectures & Events

No abstract provided.


Pretrial Release In Domestic Violence Cases: How States Handle The Notoriously Private Crime, Jacquelyn Sicilia Jan 2022

Pretrial Release In Domestic Violence Cases: How States Handle The Notoriously Private Crime, Jacquelyn Sicilia

Saint Louis University Law Journal

Domestic violence has plagued society for years. However, until 1994, domestic violence was not federally criminalized. Today, domestic violence affects over ten million Americans per year. Because of the criminal justice system’s slow reaction to domestic violence, how the criminal justice system handles domestic violence cases is far from ideal. Pretrial release in domestic violence cases is one area of domestic violence that is ripe for research, guidance, and change. Pretrial release brings to light a unique balance; defendants are presumed to be innocent, but at the same time, the fact of arrest may point to an ongoing risk of …


How The First Paragraph Of Violence And The Word Killed The Law As Literature Movement, Brett G. Scharffs Jan 2022

How The First Paragraph Of Violence And The Word Killed The Law As Literature Movement, Brett G. Scharffs

Touro Law Review

No abstract provided.


Obstruction Of Journalism, Erin C. Carroll Jan 2022

Obstruction Of Journalism, Erin C. Carroll

Georgetown Law Faculty Publications and Other Works

Identifying oneself as press used to be a near-grant of immunity. It meant safer passage through all manner of dangerous terrain. But today, being recognizable as a journalist may be more likely to make one a target.

Physical attacks against journalists in the United States increased nearly 1,300 percent in 2020. The rate of online violence against journalists is also soaring. This violence is aimed almost entirely at women, people of color, non-Christians, and non-straight journalists. It silences voices already relegated to the edges. Rather than letting our national conversation branch, the violence attempts to shear it to a white, …


Violence And Nondelegation, Jacob D. Charles, Darrell A. H. Miller Jan 2022

Violence And Nondelegation, Jacob D. Charles, Darrell A. H. Miller

Faculty Scholarship

Debates over delegation are experiencing a renaissance. These debates presuppose an initial distribution of constitutional authority between actors that cannot be redistributed, or that can be redistributed only according to some clear ex ante set of rules. Nondelegation in this sense often arises in debates about separation of powers and intergovernmental delegation, although scholars have begun applying the concept to delegations to private corporations and other private actors. The public delegation doctrine restricts one branch of government from transferring its constitutional authority to another branch, while the private delegation doctrine limits transfer of government power to private entities. In this …


Fear, Loathing, And The Hemispheric Consequences Of Xenophobic Hate, Ernesto Sagás, Ediberto Román Dec 2021

Fear, Loathing, And The Hemispheric Consequences Of Xenophobic Hate, Ernesto Sagás, Ediberto Román

University of Miami International and Comparative Law Review

“When you have fifteen thousand people marching up . . . how do you stop these people?” “You shoot them” [crowd member shouts] [chuckling, Trump responds:] “[O]nly in the Panhandle can you get away with that thing.”1
President Donald Trump

“Thousands of criminal aliens. They’re pouring into our country.”2
President Donald Trump

“They’re not people, these are animals.”3
President Donald Trump

“Take a look at the death and destruction that’s been caused by people coming into this country caused by people that shouldn’t be here.”4
President Donald Trump

“ [We] have millions and millions of people …


"Gone, But Never Forgotten:" Missing And Murdered Indigenous Women And Girls In The United States, Julianna Kramer Jun 2021

"Gone, But Never Forgotten:" Missing And Murdered Indigenous Women And Girls In The United States, Julianna Kramer

Honors Theses

Native women and girls in the United States are twice as likely to be sexually assaulted compared to white women, and murder rates on certain reservations can be tenfold higher than the national average. This pervasive violence traces back to colonialism. Native women have historically been abused, exploited, and neglected by America’s institutions, and lasting prejudice against Native peoples endures.

The United States government has stripped tribal governments of their ability to seek justice for their women. The Major Crimes Act of 1885, Proclamation 280, and the Oliphant v. Suquamish Indian Tribe (1978) decision place responsibility for investigating and prosecuting …


Law School News: Dean's Distinguished Service Award 2021: Ralph Tavares 05/28/2021, Michael M. Bowden May 2021

Law School News: Dean's Distinguished Service Award 2021: Ralph Tavares 05/28/2021, Michael M. Bowden

Life of the Law School (1993- )

No abstract provided.


An Inferentially Robust Look At Two Competing Explanations For The Surge In Unauthorized Migration From Central America, Nick Santos May 2021

An Inferentially Robust Look At Two Competing Explanations For The Surge In Unauthorized Migration From Central America, Nick Santos

Dissertations

The last 8 years have seen a dramatic increase in the flow of Central American apprehensions by the U.S. Border Patrol. Explanations for this surge in apprehensions have been split between two leading hypotheses. Most academic scholars, immigrant advocates, progressive media outlets, and human rights organizations identify poverty and violence (the Poverty and Violence Hypothesis) in Central America as the primary triggers responsible. In contrast, while most government officials, conservative think tanks, and the agencies that work in the immigration and border enforcement realm admit poverty and violence may underlie some decisions to migrate, they instead blame lax U.S. immigration …


More Than Sectarianism: How Have State And Non-State Institutions Used Violence To Form The Current Iraqi State And What Is The Effect?, Caitlyn Perkins Apr 2021

More Than Sectarianism: How Have State And Non-State Institutions Used Violence To Form The Current Iraqi State And What Is The Effect?, Caitlyn Perkins

Honors Theses

This thesis examines the role of violence in Iraq in establishing the current Iraqi state. My chapters provide historical and theoretical context to the subject before getting into the analysis. The goal of this thesis is to show that violence in Iraq is not only caused by sectarian differences, but has been used and influenced by leaders, outside governments, and non-state institutions for personal gain and political goals at the cost of the Iraqi people.


Restorative Federal Criminal Procedure, Leo T. Sorokin, Jeffrey S. Stein Apr 2021

Restorative Federal Criminal Procedure, Leo T. Sorokin, Jeffrey S. Stein

Michigan Law Review

A Review of Until We Reckon: Violence, Mass Incarceration, and a Road to Repair. by Danielle Sered.


Terrorism The Phenomenon That Has No Common Consent On Its Definition, Mohamed Hasan Alqassimi Mar 2021

Terrorism The Phenomenon That Has No Common Consent On Its Definition, Mohamed Hasan Alqassimi

UAEU Law Journal

Recently, the world has witnessed arbitrary acts of terrorism and violence carried out by various individuals and/or organizations. The significance of studying terrorism - whatever the focus in such a potential study is - lies in that numerous international legal principles that are firmly established in international treaties or conventions have now become subject to controversy or - at least - have lost their practical value owing to different reactions vis - à - vis this phenomenon.

Undoubtedly, many studies have explored the phenomenon of terrorism in order to decipher the main motives behind its spread and to furnish relevant, …


Welcome To The New Dignity, Donna M. Hughes Feb 2021

Welcome To The New Dignity, Donna M. Hughes

Dignity: A Journal of Analysis of Exploitation and Violence

No abstract provided.


Offense Of Thuggery In The Egyptian Penal Code, Rami Metwally Al-Qadi Feb 2021

Offense Of Thuggery In The Egyptian Penal Code, Rami Metwally Al-Qadi

UAEU Law Journal

Egyptian legislature takes attention of criminalizing the act of terrorizing and intimidating citizens, which is known as bullying or thuggery offense.

Crime represents an assault on the human right to security.

In addition, to confront a serious phenomenon that Egyptians suffered from it lately.

The bullying is a crime of the Egyptian Penal Code that aimed at the confrontation of the types of using the force and the threat of violence in order to intimidate the victim to harm him materially or morally or damage to his possessions, robbed his money, or get the benefit of him or influence in …


Forced Pregnancy And Gender Based Violence In Latin America, Miranda Carnes Jan 2021

Forced Pregnancy And Gender Based Violence In Latin America, Miranda Carnes

Human Rights Brief

No abstract provided.


Gender Violence And The Human Rights Of Women In Cuba, Leila Hamouie Jan 2021

Gender Violence And The Human Rights Of Women In Cuba, Leila Hamouie

Human Rights Brief

No abstract provided.


Deplatformed: Social Network Censorship, The First Amendment, And The Argument To Amend Section 230 Of The Communications Decency Act, John A. Lonigro Jan 2021

Deplatformed: Social Network Censorship, The First Amendment, And The Argument To Amend Section 230 Of The Communications Decency Act, John A. Lonigro

Touro Law Review

No abstract provided.


Encountering Jonah With Jewish Eyes And Finding Justice In The Belly Of A Whale, Randy Lee Jan 2021

Encountering Jonah With Jewish Eyes And Finding Justice In The Belly Of A Whale, Randy Lee

Touro Law Review

No abstract provided.


The Deliberate Indifference Standard: A Broken Promise To Protect And Serve The Mentally Ill, Katherine R. Carroll Jan 2021

The Deliberate Indifference Standard: A Broken Promise To Protect And Serve The Mentally Ill, Katherine R. Carroll

Touro Law Review

No abstract provided.


“Time Is A-Wasting”: Making The Case For Cedaw Ratification By The United States, Rangita De Silva De Alwis, Melanne Verveer Jan 2021

“Time Is A-Wasting”: Making The Case For Cedaw Ratification By The United States, Rangita De Silva De Alwis, Melanne Verveer

Faculty Scholarship at Penn Carey Law

Since President Carter signed the Convention for the Elimination of All Forms of Discrimination Against Women (the “CEDAW” or the “Convention”) on July 17, 1980, the United States has failed to ratify the Convention time and again. As one of only a handful of countries that has not ratified the CEDAW, the United States is in the same company as Sudan, Somalia, Iran, Tonga, and Palau. When CEDAW ratification stalled yet again in 2002, then-Senator Joseph Biden lamented that “[t]ime is a-wasting.”

Writing in 2002, Harold Koh, former Assistant Secretary of State for Democracy, Human Rights, and Labor, bemoaned America’s …


Sexual Exploitation Of Black Women From The Years 1619-2020, Dominique R. Wilson Jan 2021

Sexual Exploitation Of Black Women From The Years 1619-2020, Dominique R. Wilson

Journal of Race, Gender, and Ethnicity

No abstract provided.


U.S. Race Relations And Foreign Policy, Susan D. Page Jan 2021

U.S. Race Relations And Foreign Policy, Susan D. Page

Michigan Journal of Race and Law

It is easy for Americans to think that the world’s most egregious human rights abuses happen in other countries. In reality, our history is plagued by injustices, and our present reality is still stained by racism and inequality. While the Michigan Journal of International Law usually publishes only pieces with a global focus, we felt it prudent in these critically important times not to shy away from the problems facing our own country. We must understand our own history before we can strive to form a better union, whether the union be the United States or the United Nations. Ambassador …


A Page-Turner With A Social Conscience: Requiem For A Female Serial Killer By Phyllis Chesler, Paula J. Caplan Jan 2021

A Page-Turner With A Social Conscience: Requiem For A Female Serial Killer By Phyllis Chesler, Paula J. Caplan

Dignity: A Journal of Analysis of Exploitation and Violence

No abstract provided.


Murders In The German Sex Trade: 1920 To 2017, Manuela Schon, Anna Hoheide Jan 2021

Murders In The German Sex Trade: 1920 To 2017, Manuela Schon, Anna Hoheide

Dignity: A Journal of Analysis of Exploitation and Violence

This research report is the result of collecting and evaluating data on cases of homicides and attempted homicides in the German sex trade from 1920-2017. The findings show violence against prostituted women and the attitudes of the sex buyers who commit most of the violent acts against the women. The report discusses the media coverage of murder cases, complication of cases, and a critique of methods of criminal evaluation by the police. From 1920 to 2017, 272 victims of murder and attempted murder were identified. Liberalization of prostitution occurred in 2002. From then until 2017, there is a decrease in …