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Full-Text Articles in Law and Gender

Charleston Policy: Substance Or Abuse, The , Kimani Paul-Emile Jan 1989

Charleston Policy: Substance Or Abuse, The , Kimani Paul-Emile

Faculty Scholarship

In 1989, the Medical University of South Carolina (MUSC) adopted a policy that, according to subjective criteria, singled out for drug testing, certain women who sought prenatal care and childbirth services would be tested for prohibited substances. Women who tested positive were arrested, incarcerated and prosecuted for crimes ranging from misdemeanor substance possession to felony substance distribution to a minor. In this Article, the Author argues that by intentionally targeting indigent Black women for prosecution, the MUSC Policy continued the United States legacy of their systematic oppression and resulted in the criminalizing of Black Motherhood.


Cessation Of Family Violence: Deterrence And Dissuasion, Jeffrey Fagan Jan 1989

Cessation Of Family Violence: Deterrence And Dissuasion, Jeffrey Fagan

Faculty Scholarship

Family violence research has only recently begun to investigate desistance. Recent developments in the study of behaviors other than family violence, such as the use of addictive substances, suggest that common processes can be identified in the cessation of disparate behaviors involving diverse populations and occurring in different settings. Desistance is the outcome of processes that begin with aversive experiences leading to a decision to stop. Desistance apparently follows legal sanctions in nearly three spouse abuse cases in four, but the duration of cessation is unknown beyond short study periods. Batterers with shorter, less severe histories have a higher probability …


Law And Consciousness, Charles A. Reich Oct 1988

Law And Consciousness, Charles A. Reich

Cardozo Law Review

No abstract provided.


Is "Psychological Self-Defense" A Solution To The Problem Of Defending Battered Women W Ho Kill? Sep 1988

Is "Psychological Self-Defense" A Solution To The Problem Of Defending Battered Women W Ho Kill?

Washington and Lee Law Review

No abstract provided.


Reexamining The Law Of Rape, Janet E. Findlater May 1988

Reexamining The Law Of Rape, Janet E. Findlater

Michigan Law Review

A Review Real Rape by Susan Estrich


Unionizing Prostitutes, Belina Anderson Apr 1988

Unionizing Prostitutes, Belina Anderson

In the Public Interest

No abstract provided.


The Illinois Domestic Violence Act Of 1986: A Selective Critique, Terrence J. Brady Jan 1988

The Illinois Domestic Violence Act Of 1986: A Selective Critique, Terrence J. Brady

Loyola University Chicago Law Journal

No abstract provided.


Review Essay. What Makes Rape A Crime?, Lynne N. Henderson Jan 1988

Review Essay. What Makes Rape A Crime?, Lynne N. Henderson

Articles by Maurer Faculty

No abstract provided.


Does Plight Make Right: The Battered Woman Syndrome, Expert Testimony And The Law Of Self-Defense, Mira Mihajlovich Oct 1987

Does Plight Make Right: The Battered Woman Syndrome, Expert Testimony And The Law Of Self-Defense, Mira Mihajlovich

Indiana Law Journal

No abstract provided.


The Ultimate Violation, Todd Maybrown May 1987

The Ultimate Violation, Todd Maybrown

Michigan Law Review

A Review of The Ultimate Violation by Judith Rowland


What Makes Rape A Crime?, Lynne Henderson Jan 1987

What Makes Rape A Crime?, Lynne Henderson

Scholarly Works

No abstract provided.


Illegal Traffic In Women: A Civil Rico Proposal, Lan Cao Jan 1987

Illegal Traffic In Women: A Civil Rico Proposal, Lan Cao

Faculty Publications

No abstract provided.


To Have And To Hold: The Marital Rape Exemption And The Fourteenth Amendment, Anne Dailey Jan 1986

To Have And To Hold: The Marital Rape Exemption And The Fourteenth Amendment, Anne Dailey

Faculty Articles and Papers

No abstract provided.


Premenstrual Syndrome As A Criminal Defense: The Need For A Medico-Legal Understanding, Candy Pahl-Smith Apr 1985

Premenstrual Syndrome As A Criminal Defense: The Need For A Medico-Legal Understanding, Candy Pahl-Smith

North Carolina Central Law Review

No abstract provided.


The New Illinois Sex Crimes Act: The Constitutional Ramifications Of Redefining Rape, 19 J. Marshall L. Rev. 215 (1985), Mary K. Cronin Jan 1985

The New Illinois Sex Crimes Act: The Constitutional Ramifications Of Redefining Rape, 19 J. Marshall L. Rev. 215 (1985), Mary K. Cronin

UIC Law Review

No abstract provided.


Identifying The Rape Victim: A Constitutional Clash Between The First Amendment And The Right To Privacy, 18 J. Marshall L. Rev. 987 (1985), Ellen B. Fishbein Jan 1985

Identifying The Rape Victim: A Constitutional Clash Between The First Amendment And The Right To Privacy, 18 J. Marshall L. Rev. 987 (1985), Ellen B. Fishbein

UIC Law Review

No abstract provided.


Book Review Of Passion: An Essay On Personality , Richard F. Devlin Frsc Jan 1985

Book Review Of Passion: An Essay On Personality , Richard F. Devlin Frsc

Articles, Book Chapters, & Popular Press

Passion is a cogently structured, compel Jingly argued and seductively enthralling masterpiece which, in years to come, will undoubtedly stand out as an inspirational source for many who seek social transformation. Unger's style, in this essay at least, is lucid and inviting. Substantively, Passion demonstrates not only the depth of his penetrating intellect but also his command of an array of' disciplines. Unger's polymathy is all the more impressive when we remember that ours is an era in which idiosyncratic specialization is the norm.


Violence In College Students' Dating Relationships, Carol K. Sigelman, Carol E. Jordan-Berry, Katharine A. Wiles Dec 1984

Violence In College Students' Dating Relationships, Carol K. Sigelman, Carol E. Jordan-Berry, Katharine A. Wiles

Office for Policy Studies on Violence Against Women Publications

In a survey of 504 college students examining predictors of violence in heterosexual relationships, over half of both men and women had committed at least one physically violent act. Modest associations between physical violence and sexual aggression were uncovered. In a series of discriminant analyses, men who abused their partners were not readily distinguished from men who did not, but tended to by young, low in family income, traditional in attitudes toward women, abused as children, currently living with a women, and from Appalachian areas.


The Home Front: Notes From The Family War Zone, Michigan Law Review Feb 1984

The Home Front: Notes From The Family War Zone, Michigan Law Review

Michigan Law Review

A Review of The Home Front: Notes from the Family War Zone by Louise Armstrong


Gender And Crime: Offense Patterns And Criminal Court Sanctions, Ilene H. Nagel, John Hagan Jan 1983

Gender And Crime: Offense Patterns And Criminal Court Sanctions, Ilene H. Nagel, John Hagan

Articles by Maurer Faculty

The relation between gender and criminality is strong, and is likely to remain so. Women have traditionally been much less likely than men to commit violent crimes, and that pattern persists today. Rates of female involvement in some forms of property crime-notably petty theft and fraud-appear to be increasing. However, while the relative increase in women's property crime involvement is significant, female participation even in these crimes remains far less than that of men.

The relation of gender to case processing decisions in the criminal justice system varies from stage to stage. Although the pertinent literature is plagued by methodological …


Domestic Violence: Illinois Responds To The Plight Of The Battered Wife - The Illinois Domestic Violence Act, 16 J. Marshall L. Rev. 77 (1982), Mary Lou Boland Jan 1982

Domestic Violence: Illinois Responds To The Plight Of The Battered Wife - The Illinois Domestic Violence Act, 16 J. Marshall L. Rev. 77 (1982), Mary Lou Boland

UIC Law Review

No abstract provided.


A True Deliverance: The Joan Little Case, Michigan Law Review Mar 1981

A True Deliverance: The Joan Little Case, Michigan Law Review

Michigan Law Review

A Review of A True Deliverance: The Joan Little Case by Fred Harwell


Conjugal Violence: The Law Of Force And The Force Of Law , Maria Marcus Jan 1981

Conjugal Violence: The Law Of Force And The Force Of Law , Maria Marcus

Faculty Scholarship

The Article concludes that neither the impartial mission of the rule of law nor the neatly tooled goal of individual justice has been served by the governmental response to conjugal violence, and suggests the elements from which a valid approach may be constructed.


Representation Of Women Who Defend Themselves In Response To Physical Or Sexual Assault Arguedas, Elizabeth M. Schneider, Susan B. Jordan, Cristina C. Arguedas Apr 1978

Representation Of Women Who Defend Themselves In Response To Physical Or Sexual Assault Arguedas, Elizabeth M. Schneider, Susan B. Jordan, Cristina C. Arguedas

Faculty Scholarship

No abstract provided.


Wife Abuse: The Failure Of Legal Remedies, 11 J. Marshall J. Of Prac. & Proc. 549 (1978), Lynn A. Sacco Jan 1978

Wife Abuse: The Failure Of Legal Remedies, 11 J. Marshall J. Of Prac. & Proc. 549 (1978), Lynn A. Sacco

UIC Law Review

No abstract provided.


Forcible Rape And Statutory Rape: The Delicate Balance Between The Rights Of Victim And Defendant, 11 J. Marshall J. Of Prac. & Proc. 481 (1978), Philip A. Oretsky Jan 1978

Forcible Rape And Statutory Rape: The Delicate Balance Between The Rights Of Victim And Defendant, 11 J. Marshall J. Of Prac. & Proc. 481 (1978), Philip A. Oretsky

UIC Law Review

No abstract provided.


Feminism And The Legalization Of Prostitution: How Far Down The River?, Marilyn C. Zilli Apr 1974

Feminism And The Legalization Of Prostitution: How Far Down The River?, Marilyn C. Zilli

IUSTITIA

One of the most telling issues on the state of the women's movement today is that of the legalization of prostitution. It would be inappropriate to say that the issue has caused a breach in the ranks: the term is inapplicable to a movement which has never claimed coherency and which has, in fact, consistently demonstrated an inability to reconcile the views of its various factions. The prostitution issue is important, rather, precisely because it underscores these differences of analysis and tactics which have appeared in other areas and the splits between white middle class liberal women, radical feminists, marxist …


The Fourth Amendment As A Way Of Talking About People: A Study Of Robinson And Matlock, James Boyd White Jan 1974

The Fourth Amendment As A Way Of Talking About People: A Study Of Robinson And Matlock, James Boyd White

Articles

One way to regard what the Supreme Court has done in the cases it has decided under the Fourth Amendment is to say that it has created a specialized discourse of adjudication, a language in which it can talk about and dispose of the repeated conflicts that arise between an officer engaged in the process of crime control and a citizen upon whose freedom or security he intrudes. The events which bring these two figures together are bewildering in their variety and complexity, and the claims on each side are deeply felt and strenuously made. It has not been easy …


Legislative Note: Michigan's Criminal Sexual Assault Law, Kenneth A. Cobb, Nancy R. Schauer Jan 1974

Legislative Note: Michigan's Criminal Sexual Assault Law, Kenneth A. Cobb, Nancy R. Schauer

University of Michigan Journal of Law Reform

Under increasing pressure from women's rights groups and other reform organizations, the Michigan legislature has re-evaluated its centenarian rape statute, found it inadequate for the realities of the mid-twentieth century, and enacted a new sexual assault act. While people may refer to the act as "the new rape law," it should be noted at the outset that the statute is intended to prohibit a variety of sexual acts which involve criminal assault. Michigan's new criminal sexual assault law was formulated to distinguish among degrees of violence as motivated by hostility rather than passion; rape, like other crimes, is more heinous …


The Resistance Standard In Rape Legislation, Roger B. Dworkin Jan 1966

The Resistance Standard In Rape Legislation, Roger B. Dworkin

Articles by Maurer Faculty

No abstract provided.