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- Publication Type
Articles 691 - 720 of 1076
Full-Text Articles in Criminal Law
No Penetration—And It's Still Rape, Lundy Langston
No Penetration—And It's Still Rape, Lundy Langston
Pepperdine Law Review
No abstract provided.
Substance And Method In The Year 2000, Akhil Reed Amar
Substance And Method In The Year 2000, Akhil Reed Amar
Pepperdine Law Review
No abstract provided.
Neuroscience, Ptsd, And Sentencing Mitigation, Betsy J. Grey
Neuroscience, Ptsd, And Sentencing Mitigation, Betsy J. Grey
Cardozo Law Review
No abstract provided.
Estimating Gender Disparities In Federal Criminal Cases, Sonja Starr
Estimating Gender Disparities In Federal Criminal Cases, Sonja Starr
Law & Economics Working Papers
This paper assesses gender disparities in federal criminal cases. It finds large gender gaps favoring women throughout the sentence length distribution (averaging over 60%), conditional on arrest offense, criminal history, and other pre-charge observables. Female arrestees are also significantly likelier to avoid charges and convictions entirely, and twice as likely to avoid incarceration if convicted. Prior studies have reported much smaller sentence gaps because they have ignored the role of charging, plea-bargaining, and sentencing fact-finding in producing sentences. Most studies control for endogenous severity measures that result from these earlier discretionary processes and use samples that have been winnowed by …
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.
The Violence Against Women Act, Federal Criminal Jurisdiction, And Indian Tribal Courts , Paul J. Larkin Jr., Joseph Lupino-Esposito
The Violence Against Women Act, Federal Criminal Jurisdiction, And Indian Tribal Courts , Paul J. Larkin Jr., Joseph Lupino-Esposito
Brigham Young University Journal of Public Law
No abstract provided.
Stopping The Chronic Batterer Through Legislation: Will It Work This Time?, Prentice L. White
Stopping The Chronic Batterer Through Legislation: Will It Work This Time?, Prentice L. White
Pepperdine Law Review
No abstract provided.
Women And Poisons In 17th Century France, Benedetta Faedi Duramy
Women And Poisons In 17th Century France, Benedetta Faedi Duramy
Chicago-Kent Law Review
This article examines the involvement of the Marquise de Brinvilliers, Catherine La Voisin, and the Marquise de Montespan, in the scandal "Affair of the Poisons," during the seventeenth century in France. Through such investigation, this article interrogates the discourse surrounding gender and crime in history, deepening the understanding of women's motivation to commit murder and the strategies they adopted. Moreover, the article examines how the legal system addressed women's crime, differentiated responses based on their class and social rank, and held women accountable for poisoning the country, thus failing to acknowledge the actual shortcomings of the French monarchy, the decline …
Teaching Social Justice Lawyering: Systematically Including Community Legal Education In Law School Clinics, Margaret Martin Barry, A. Rachel Camp, Margaret E. Johnson, Catherine F. Klein, Lisa V. Martin
Teaching Social Justice Lawyering: Systematically Including Community Legal Education In Law School Clinics, Margaret Martin Barry, A. Rachel Camp, Margaret E. Johnson, Catherine F. Klein, Lisa V. Martin
All Faculty Scholarship
There is a body of literature on clinical legal theory that urges a focus in clinics beyond the single client to an explicit teaching of social justice lawyering. This Article adds to this emerging body of work by discussing the valuable role community legal education plays as a vehicle for teaching skills and values essential to single client representation and social justice lawyering. The Article examines the theoretical underpinnings of clinical legal education, community organizing and community education and how they influenced the authors’ design and implementation of community legal education within their clinics. It then discusses two projects designed …
Of Justice Sotomayor And The Jicarilla Apache Nation: Slouching Toward Intellectual Honesty And The Canons Of Construction, Jeremy Stevens
Of Justice Sotomayor And The Jicarilla Apache Nation: Slouching Toward Intellectual Honesty And The Canons Of Construction, Jeremy Stevens
American Indian Law Journal
No abstract provided.
The Public Nature Of Indian Reservation Roads, M. Brent Leonard
The Public Nature Of Indian Reservation Roads, M. Brent Leonard
American Indian Law Journal
No abstract provided.
Enhancing Tribal Sovereignty By Protecting Indian Civil Rights: A Win-Win For Indian Tribes And Tribal Members, Rob Roy Smith
Enhancing Tribal Sovereignty By Protecting Indian Civil Rights: A Win-Win For Indian Tribes And Tribal Members, Rob Roy Smith
American Indian Law Journal
No abstract provided.
Gas Tax Agreements In Indian Country, Jonathan White
Gas Tax Agreements In Indian Country, Jonathan White
American Indian Law Journal
No abstract provided.
Justice Rehnquist’S Theory Of Indian Law: The Evolution From Mazurie To Atkinson – Where Did He Leave The Court?, Brenna Willott
Justice Rehnquist’S Theory Of Indian Law: The Evolution From Mazurie To Atkinson – Where Did He Leave The Court?, Brenna Willott
American Indian Law Journal
No abstract provided.
It's Complicated: Privacy And Domestic Violence, Kimberly D. Bailey
It's Complicated: Privacy And Domestic Violence, Kimberly D. Bailey
All Faculty Scholarship
This Article challenges the notion that there is no role for privacy in the domestic violence context. Privacy is a complicated concept that has both positive and negative aspects, and this Article examines the value that more privacy could provide for domestic violence victims. While privacy was historically used as a shield for batterers, more privacy for domestic violence victims could protect their personhood, ensuring that they are treated with dignity and respect. In addition, current mandatory criminal justice policies have become so intrusive in many victims’ lives that limitations are needed to prevent the threat of state abuse. These …
Recognizing The Right To Petition For Victims Of Domestic Violence, Tamara L. Kuennen
Recognizing The Right To Petition For Victims Of Domestic Violence, Tamara L. Kuennen
Sturm College of Law: Faculty Scholarship
Like any citizen, a victim of domestic violence (DV) may call the police for help when she needs it. And yet, when a victim calls the police, she not only seeks law enforcement assistance but also invokes her constitutional right to seek one of the most fundamental services the government can provide—protection from harm. That right, recently described by the Supreme Court as “essential to freedom,” is the right “to petition the Government for a redress of grievances” guaranteed by the First Amendment. This Article argues that a combination of law and policy initiatives produces negative collateral consequences for DV …
Gender And The Charles Taylor Case At The Special Court For Sierra Leone, Valerie Oosterveld
Gender And The Charles Taylor Case At The Special Court For Sierra Leone, Valerie Oosterveld
Law Publications
No abstract provided.
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 …
No Contact Parole Restrictions: Unconstitutional And Counterproductive, Sharon Brett
No Contact Parole Restrictions: Unconstitutional And Counterproductive, Sharon Brett
Michigan Journal of Gender & Law
Although what Jesse Timmendequas did was abhorrent, the legislation enacted in the wake of his crime went far beyond making sure we know the pedophiles or pedophile-murderers living in our neighborhoods. Megan's name now lends itself to a host of state laws requiring the state to notify neighbors when a sex offender moves into the neighborhood. The term "sex offender" is intentionally broad, covering everyone from voyeurs and exhibitionists to rapists and child molesters. Yet, Megan's Laws treat them the same way, ignoring some crucial questions: Are all sex offenders alike? Are they all monsters? In reality, the majority of …
Peacemaking & Provocation: A Response To Professor Tracey Jean Boisseau, Dan Subotnik
Peacemaking & Provocation: A Response To Professor Tracey Jean Boisseau, Dan Subotnik
Scholarly Works
No abstract provided.
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 …
Surviving Castle Rock: The Human Rights Of Domestic Violence, Max D. Siegel
Surviving Castle Rock: The Human Rights Of Domestic Violence, Max D. Siegel
Cardozo Journal of Equal Rights & Social Justice
The article critically examines the U.S. Supreme Court's decision in Town of Castle Rock v. Gonzales and its broader implications for domestic violence survivors' rights. It argues that the Court's adherence to a "Negative Constitution," which limits government obligations to citizens, fails to protect vulnerable populations and violates international human rights standards. The article advocates for incorporating international law into U.S. jurisprudence to address systemic failures in responding to domestic violence.
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.
When The Cure Makes You Ill: Seven Core Principles To Change The Course Of Youth Justice, Gabrielle Prisco
When The Cure Makes You Ill: Seven Core Principles To Change The Course Of Youth Justice, Gabrielle Prisco
NYLS Law Review
No abstract provided.
"There Is A World Elsewhere": Preliminary Studies On Alternatives To Interest-Based Bargaining, F. Peter Phillips
"There Is A World Elsewhere": Preliminary Studies On Alternatives To Interest-Based Bargaining, F. Peter Phillips
Cardozo Journal of Conflict Resolution
We live in an Age of Reason, which our predecessors were pleased to call an Age of Enlightenment. The laws of physics and molecular chemistry, not the appearance of angels to shepherds, define our social expectations. In economics and in politics, we accept the guidance of a collective rationale, an Invisible Hand that, if it doesn't predict, nevertheless records the aggregate of decisions made by millions of social actors, each expressing not the general welfare but their individual self-interest.
Regulating The Sex Trade, John Avery
Killing For Possession And Killing For Survival: Gender And The Criminal Law Of Provocation And Self-Defense, Danielle Rosiejka
Killing For Possession And Killing For Survival: Gender And The Criminal Law Of Provocation And Self-Defense, Danielle Rosiejka
Student Works
No abstract provided.
"U" Stands For Underutilization: The U Visa's Vulnerability For Underuse In The Sex Trafficking Context, Erin Bistricer
"U" Stands For Underutilization: The U Visa's Vulnerability For Underuse In The Sex Trafficking Context, Erin Bistricer
Cardozo Journal of Equal Rights & Social Justice
The U Visa, established in 2000 under the Violence Against Women Act (VAWA) reauthorization, was designed to provide legal status to victims of certain crimes, including sex trafficking, without fear of deportation. However, its implementation has been hindered by significant challenges, including delayed regulations, confusion among applicants, and reliance on law enforcement cooperation, which can be a barrier for traumatized victims. While the U Visa offers more flexibility than the T Visa by covering a broader range of crimes and requiring a lower standard of proof, its effectiveness is limited by factors such as annual caps, inadequate state anti-trafficking laws, …
Maine's Women Offenders: What Do We Know?, Erica King Msw, Jillian Foley Mppm, Mark Rubin
Maine's Women Offenders: What Do We Know?, Erica King Msw, Jillian Foley Mppm, Mark Rubin
Justice Policy
Although Maine has one of the lowest incarceration rates of any state for both men and women, between 1999 and 2004 the state experienced an increase of 114 percent in incarceration of women, the largest increase in the nation. This study provides a descriptive analysis of the characteristics of women entering Maine's probation system in 2004, 2005 and 2006, and examines the factors contributing to recidivism, defined as an arrest for a new crime (misdemeanor or felony) while under probation supervision. The study finds that recidivism rates of Maine's women offenders vary considerably by county and by offense type. The …
Review Of Sex, Murder, And The Unwritten Law: Courting Judicial Mayhem, Texas Style. By Bill Neal., Paul N. Spellman
Review Of Sex, Murder, And The Unwritten Law: Courting Judicial Mayhem, Texas Style. By Bill Neal., Paul N. Spellman
Great Plains Research: A Journal of Natural and Social Sciences (through 2013)
"If, as has often been contended, truth is the first casualty of traditional warfare, then logic, it appears, is the first casualty of sexual warfare." And with that thematic statement in hand, author Bill Neal is off to the proverbial races with an often delightful, sometimes troubling, and generally entertaining legal discourse on the so-called "unwritten law": that a cuckolded husband or a woman wronged has the God-given right to avenge or be avenged, even to redress by murder. With a curiously dispassionate, or at least overly serious, foreword by Cal State-Fullerton professor Gordon Morris Bakken, Neal's tales of adultery, …