Sex Education And Rape,
University of Michigan Law School
Sex Education And Rape
Michigan Journal of Gender & Law
In the law of rape, consent has been and remains a gendered concept. Consent presumes female acquiescence to male sexual initiation. It presumes a man desires to penetrate a woman sexually. It presumes the woman willingly yields to the man's desires. It does not presume, and of course does not require, female sexual desire. Consent is what the law calls it when he advances and she does not put up a fight. I have argued elsewhere that the kind of thin consent that the law focuses on is not enough ethically and it should not be enough legally to justify …
The Social Construction Of A Rape Victim: Stories Of African-American Males About The Rape Of Desiree Washington,
Maurer School of Law: Indiana University
The Social Construction Of A Rape Victim: Stories Of African-American Males About The Rape Of Desiree Washington, Kevin Brown
Articles by Maurer Faculty
No abstract provided.
Sex, Lies, And Videotape: Deep Fakes And Free Speech Delusions,
University of Maryland Francis King Carey School of Law
Sex, Lies, And Videotape: Deep Fakes And Free Speech Delusions
Maryland Law Review
No abstract provided.
Demarginalizing The Intersection Of Race And Sex: A Black Feminist Critique Of Antidiscrimination Doctrine, Feminist Theory And Antiracist Politics,
Columbia Law School
Demarginalizing The Intersection Of Race And Sex: A Black Feminist Critique Of Antidiscrimination Doctrine, Feminist Theory And Antiracist Politics, Kimberlé Crenshaw
Faculty Scholarship
One of the very few Black women's studies books is entitled All the Women Are White; All the Blacks Are Men, But Some of Us are Brave. I have chosen this title as a point of departure in my efforts to develop a Black feminist criticism because it sets forth a problematic consequence of the tendency to treat race and gender as mutually exclusive categories of experience and analysis. In this talk, I want to examine how this tendency is perpetuated by a single-axis framework that is dominant in antidiscrimination law and that is also reflected in feminist theory and …
The Sexual Misconduct Of Donald J. Trump: Toward A Misogyny Report,
University of Michigan Law School
The Sexual Misconduct Of Donald J. Trump: Toward A Misogyny Report
Michigan Journal of Gender & Law
The numerous allegations of sexual misconduct—unwanted, unwelcome, often aggressive sexual behavior—levied against Donald Trump merit attention and redress. Despite obstacles to civil remedies, there has been some litigation, but it has mostly been unsatisfactory. The many allegations reported in the media have not been amenable to judicial, legislative, executive, or political resolution. Women, including women who allege Trump committed sexual misconduct against them when they were minors, have generally not been afforded the remedies to which they are entitled.
Because litigation and media accounts have proven inadequate to the task of addressing Trump’s sexual misconduct, there should be a government …
Sexual Exploitation And The Adultified Black Girl,
University of Missouri-Kansas City School of Law
Sexual Exploitation And The Adultified Black Girl, Mikah Thompson
Faculty Works
A troubling legacy of American chattel slavery is the justice system’s continued failure to provide adequate protection to African-American crime victims. This piece focuses on the law’s historic unwillingness to shield Black girls from acts of sexual violence. During slavery, lawmakers refused to criminalize rape committed against Black girls and women based not only on the fact that they were considered property but also on stereotypes about their sexuality. Even though the law now criminalizes the rape of Black girls, African-American rape survivors encounter more skepticism and hostility when they come forward with their stories compared to their White counterparts. …
The Gang-Rape Of Mukhtar Mai And Pakistan's Opportunity To Regain Its Lost Honor,
American University Washington College of Law
The Gang-Rape Of Mukhtar Mai And Pakistan's Opportunity To Regain Its Lost Honor, Tina Karkera, Tina Karkera
American University Journal of Gender, Social Policy & the Law
No abstract provided.
Hard-Core Pornography: A Proposal For A Per Se Rule,
University of Michigan Law School
Hard-Core Pornography: A Proposal For A Per Se Rule
University of Michigan Journal of Law Reform
Part I of this Article discusses the history and pervasiveness of the pornography problem. Part II explains the current legal test for obscenity, as evolved from Miller v. California, with an emphasis on terms commonly used in the definition of obscenity. Part III examines the problems in applying Miller that suggest that the application of a per se hard-core pornography rule may be appropriate. Finally, Part IV presents a proposal for a per se hard-core pornography rule, similar to child pornography laws existing in many jurisdictions and upheld by the Supreme Court in New York v. Ferber. This Article concludes …
The Incest Horrible: Delimiting The Lawrence V. Texas Right To Sexual Autonomy,
University of Michigan Law School
The Incest Horrible: Delimiting The Lawrence V. Texas Right To Sexual Autonomy
Michigan Journal of Gender and Law
Is the criminalization of consensual sex between close relatives constitutional in the wake of Lawrence v. Texas and Obergefell v. Hodges? Justice Scalia thought not. The substantive due process landscape has changed dramatically in response to the LGBTQ movement. Yet, when a girl in a sexual relationship with her father recently revealed in an anonymous interview with New York Magazine that they were planning to move to New Jersey, one of the only two states where incest was legal, the New Jersey legislature introduced with unprecedented speed a bill criminalizing incest. But who has the couple harmed? The very …
Sexual Exploitation Of Black Women From The Years 1619-2020,
Touro University Jacob D. Fuchsberg Law Center
Sexual Exploitation Of Black Women From The Years 1619-2020
Journal of Race, Gender, and Ethnicity
No abstract provided.
