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Discounting Women: Doubting Domestic Violence Survivors’ Credibility And Dismissing Their Experiences, Deborah Epstein, Lisa A. Goodman 2019 Georgetown University Law Center

Discounting Women: Doubting Domestic Violence Survivors’ Credibility And Dismissing Their Experiences, Deborah Epstein, Lisa A. Goodman

Georgetown Law Faculty Publications and Other Works

In recent months, we’ve seen an unprecedented wave of testimonials about the serious harms women all too frequently endure. The #MeToo moment, the #WhyIStayed campaign, and the Larry Nassar sentencing hearings have raised public awareness not only about workplace harassment, domestic violence, and sexual abuse, but also about how routinely women survivors face a Gaslight-style gauntlet of doubt, disbelief, and outright dismissal of their stories. This pattern is particularly disturbing in the justice system, where women face a legal twilight zone: laws meant to protect them and deter further abuse often fail to achieve their purpose, because women telling stories …


Talking About Black Lives Matter And #Metoo, Linda S. Greene, Lolita Buckner Inniss, Bridget J. Crawford, Mehrsa Baradaran, Noa Ben-Asher, I. Bennett Capers, Osamudia James, Keisha Lindsay 2019 University of Wisconsin-Madison

Talking About Black Lives Matter And #Metoo, Linda S. Greene, Lolita Buckner Inniss, Bridget J. Crawford, Mehrsa Baradaran, Noa Ben-Asher, I. Bennett Capers, Osamudia James, Keisha Lindsay

Faculty Journal Articles and Book Chapters

This essay explores the apparent differences and similarities between the Black Lives Matter and the #MeToo movements. In April 2019, the Wisconsin Journal of Gender, Law and Society hosted a symposium entitled “Race-Ing Justice, En-Gendering Power: Black Lives Matter and the Role of Intersectional Legal Analysis in the Twenty-First Century.” That program facilitated examination of the historical antecedents, cultural contexts, methods, and goals of these linked equality movements. Conversations continued among the symposium participants long after the end of the official program. In this essay, the symposium’s speakers memorialize their robust conversations and also dive more deeply into the phenomena, …


A Tj Approach To Mental Disability Rights Research: On Sexual Autonomy And Sexual Offending, Michael L. Perlin, Heather Ellis Cucolo, Alison Lynch 2019 New York Law School

A Tj Approach To Mental Disability Rights Research: On Sexual Autonomy And Sexual Offending, Michael L. Perlin, Heather Ellis Cucolo, Alison Lynch

Articles & Chapters

We believe it is impossible to understand the development and the power of therapeutic jurisprudence (TJ) without acknowledging that its roots in mental disability law have continued to expand and flourish over the decades, and that there is no other substantive area of the law in which every aspect – substantive and procedural, civil and criminal, statutory and constitutional. domestic and international – has been weighed and evaluated using a TJ lens. In this chapter, we consider how those roots have shaped the last three decades of research and the implications of what has developed. We look carefully at two …


Grounds To Refuse The Enforcement Of Settlement Agreements Under The Singapore Convention On Mediation: Purpose, Scope, And Their Importance For The Success Of The Convention, Héctor Flores Sentíes 2019 Abascal, Flores y Segovia

Grounds To Refuse The Enforcement Of Settlement Agreements Under The Singapore Convention On Mediation: Purpose, Scope, And Their Importance For The Success Of The Convention, Héctor Flores Sentíes

Cardozo Journal of Conflict Resolution

This article will attempt to: (i) explain the purpose behind the drafting of the grounds to refuse enforcement; (ii) describe the scope of these defenses, based on the deliberations of the Working Group that drafted the Singapore Convention; and finally, (iii) briefly comment on the relationship between the scope of the defenses and the likelihood of the success of the Singapore Convention.


Law Or Justice? What Future For The Legal Profession?, William P. Quigley 2019 Loyola University College of Law

Law Or Justice? What Future For The Legal Profession?, William P. Quigley

Intercultural Human Rights Law Review

Is the future of our profession law or justice? There is a lot of law in our profession. There is some charity and some generosity. Justice? Not nearly enough to suggest it is at the core of our profession, our mission, or our future.


The Moral Imperative To Change Unjust Laws And The New Haven School, Carol Castleberry 2019 St. Thomas University College of Law

The Moral Imperative To Change Unjust Laws And The New Haven School, Carol Castleberry

Intercultural Human Rights Law Review

The theme of this issue of the Intercultural Human Rights Law Review involves profound issues of law and morality. Professors John and June Mary Makdisi chose this theme as one close to their hearts. Throughout their professional and personal lives, both Professors Makdisi have been teachers, mentors, and examples of how law and morality fit together. This essay is dedicated to them.


The Toll Of American Exceptionalism On American Justice, Jay Sterling Silver 2019 St. Thomas University

The Toll Of American Exceptionalism On American Justice, Jay Sterling Silver

Intercultural Human Rights Law Review

Early in his presidency, Barak Obama observed that "the fact that I am very proud of my country and I think that we've got a whole lot to offer the world does not lessen my interest in recognizing the value and wonderful qualities of other countries, or recognizing that we're not always going to be right, or that other people may have good ideas." The American exceptionalism police were quick to charge him with heresy. Then Louisiana Governor Bobby Jindal lamented, for example, that "[t]his is a president who won't proudly proclaim American exceptionalism, maybe the first president ever who …


How U.S. Family Law Might Deal With Spousal Relationships Of Three (Or More) People, Edward D. Stein 2019 Benjamin N. Cardozo School of Law

How U.S. Family Law Might Deal With Spousal Relationships Of Three (Or More) People, Edward D. Stein

Articles

For much of this nation's history, the vast majority of people have believed that being married to more than one person at the same time is deeply problematic. Further, polygamous marriage has never been legal in the United States. Despite this, some people have been in plural or group relationships and some of these people have wished to gain legal recognition for these relationships. The arguments for recognizing such relationships are persuasive, but the prospects for legalization of polygamous marriage seem slim in the near future. This Article offers a suggestion of how the law of domestic relations might deal …


Surrogacy, Child’S Welfare, And Public Policy In Adoption Applications, Seow Hon TAN 2019 Singapore Management University

Surrogacy, Child’S Welfare, And Public Policy In Adoption Applications, Seow Hon Tan

Research Collection Yong Pung How School Of Law

This case note discusses the Singapore High Court case of UKM, in which an order was granted to a gay man to adopt his biological son conceived through a gestational surrogacy arrangement in the United States. In particular, the High Court’s assessment of the welfare of the child and of public policy, in light of two factors—the prohibition of male homosexual acts in section 377A of the Penal Code and the de facto curtailment of domestic surrogacy by Singapore’s restrictive rules relating to the use of assisted reproduction technology services—will be examined.


Holmes, Humility, And How Not To Kill Each Other, John D. Inazu 2019 Washington University in St. Louis School of Law

Holmes, Humility, And How Not To Kill Each Other, John D. Inazu

Scholarship@WashULaw

Oliver Wendell Holmes’s dissent in Abrams v. United States is one of the intellectual anchors of modern First Amendment doctrine. In the century since Abrams, we have witnessed changes in society, technology, and politics that have shaped and reshaped the contours of our First Amendment landscape. But not everything has changed — some aspects of our human experience remain remarkably similar to the context in which Holmes wrote. One unchanged aspect of the human condition is our inability to know with certainty. Confronted with this reality in his own day, Holmes at times gestured toward a foundationless relativism. But even …


For Fear Of The Fans: An Argument For Holding Sports Teams Accountable For Fans' Post-Match Conduct, N. Jeremi Duru 2019 American University Washington College of Law

For Fear Of The Fans: An Argument For Holding Sports Teams Accountable For Fans' Post-Match Conduct, N. Jeremi Duru

Scholarly Articles in Law Reviews & Journals

No abstract provided.


John The Theologian: Towards Integrating Law And Religion, Gordon T. Butler 2019 St. Thomas University College of Law

John The Theologian: Towards Integrating Law And Religion, Gordon T. Butler

Faculty Articles

No abstract provided.


Examining The Model Rules Of Professional Conduct To Include Women's Moral Experience And Feminist Ethics, Anietie Akpan 2019 American University Washington College of Law

Examining The Model Rules Of Professional Conduct To Include Women's Moral Experience And Feminist Ethics, Anietie Akpan

American University Journal of Gender, Social Policy & the Law

No abstract provided.


Beyond Criminal Prosecution: How Federalist Tensions In Marijuana Laws Affect State-Legal Businesses, Gabriel Roberts 2019 University of Florida Levin College of Law

Beyond Criminal Prosecution: How Federalist Tensions In Marijuana Laws Affect State-Legal Businesses, Gabriel Roberts

University of Florida Journal of Law & Public Policy

No abstract provided.


Letter From The Editor, Adam J. Bentley 2019 University of Florida Levin College of Law

Letter From The Editor, Adam J. Bentley

University of Florida Journal of Law & Public Policy

No abstract provided.


Judicial Bias Against Lgbt Parents In Custody Disputes, Amy Maitner 2019 University of Florida Levin College of Law

Judicial Bias Against Lgbt Parents In Custody Disputes, Amy Maitner

University of Florida Journal of Law & Public Policy

No abstract provided.


The Death Of The Psqia For Providers In Florida, Lindsey A. Lamb 2019 University of Florida Levin College of Law

The Death Of The Psqia For Providers In Florida, Lindsey A. Lamb

University of Florida Journal of Law & Public Policy

No abstract provided.


A Value-Added Ranking Of Law Schools, Christopher J. Ryan Jr. 2019 Roger Williams University School of Law

A Value-Added Ranking Of Law Schools, Christopher J. Ryan Jr.

University of Florida Journal of Law & Public Policy

No abstract provided.


Was The Democratic Nominations Rigged? A Reexamination Of The Clinton-Sanders Presidential Race, Anthony J. Gaughan 2019 Drake University Law School

Was The Democratic Nominations Rigged? A Reexamination Of The Clinton-Sanders Presidential Race, Anthony J. Gaughan

University of Florida Journal of Law & Public Policy

No abstract provided.


"Longstanding, Systemic Weaknesses": Hillary Clinton's Emails, Foia's Defects And Affirmative Disclosure, A. Jay Wagner 2019 Marquette University

"Longstanding, Systemic Weaknesses": Hillary Clinton's Emails, Foia's Defects And Affirmative Disclosure, A. Jay Wagner

University of Florida Journal of Law & Public Policy

No abstract provided.


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