Open Access. Powered by Scholars. Published by Universities.®

Law and Gender Commons

Open Access. Powered by Scholars. Published by Universities.®

Articles 1 - 10 of 10

Full-Text Articles in Law and Gender

Complex Relationships: Public Policy And Law Solutions To Rebalance The Confrontation Clause, Evidence-Based Intimate-Partner Violence Prosecution, And Public And Private Violence After The Resurrection Of Roberts, Kira Eidson Apr 2019

Complex Relationships: Public Policy And Law Solutions To Rebalance The Confrontation Clause, Evidence-Based Intimate-Partner Violence Prosecution, And Public And Private Violence After The Resurrection Of Roberts, Kira Eidson

Senior Theses and Projects

Following the Supreme Court’s 2004 decision in Crawford v. Washington, tensions between the Sixth Amendment Confrontation Clause and evidence-based prosecution of intimate-partner violence increased. In consequence, the Court forged a path of Constitutional jurisprudence which has weakened the power of the Confrontation Clause, reverted to a disguised reliability test reminiscent of Ohio v. Roberts, and diminished the rights of the accused. Simultaneously, these rulings have created a hierarchy where the severity of private, domestic violence is regarded as a lower level of emergency than public violence. Consequently, the Supreme Court’s primary purpose test for testimonial statements should be ...


Cracking Down On Cages: Feminist And Prison Abolitionist Considerations For Litigating Solitary Confinement In Canada, Winnie Phillips-Osei Oct 2018

Cracking Down On Cages: Feminist And Prison Abolitionist Considerations For Litigating Solitary Confinement In Canada, Winnie Phillips-Osei

Master of Laws Research Papers Repository

Guided by prison abolition ethic and intersectional feminism, my key argument is that Charter section 15 is the ideal means of eradicating solitary confinement and its adverse impact on women who are Aboriginal, racialized, mentally ill, or immigration detainees. I utilize a provincial superior court’s failing in exploring a discrimination analysis concerning Aboriginal women, to illustrate my key argument. However, because of the piecemeal fashion in which courts can effect developments in the law, the abolition of solitary confinement may very well occur through a series of ‘little wins’. In Chapter 11, I provide a constitutional analysis, arguing that ...


Accessing The Right To Choose: Factors Predicting The Enactment Of State-Level Abortion Clinic Access Laws, Hannah Gourdie May 2018

Accessing The Right To Choose: Factors Predicting The Enactment Of State-Level Abortion Clinic Access Laws, Hannah Gourdie

Undergraduate Honors Theses

During the 1980s and 1990s, anti-abortion violence and harassment targeted at reproductive health clinics spiked in response to religious and political mobilization around the national decriminalization of abortion. To combat violence, harassment, and mass protests at clinics, 16 states and DC enacted abortion clinic access laws. These laws typically prohibit certain activities, such as obstruction and vandalism, and some create no-protest buffer zones that restrict clinic protests. Most research on clinic access laws concentrates on how these laws affect levels of anti-abortion violence and disruption targeted at clinics. Other literature focuses on the tensions between pro-life speech and privacy/abortion ...


My Body, Not My Say: How Roe V. Wade Endangers Women's Autonomy, Kisha K. Patel Apr 2017

My Body, Not My Say: How Roe V. Wade Endangers Women's Autonomy, Kisha K. Patel

Politics Honors Papers

When defining women’s rights to reproductive decisions in Roe v. Wade, Justice Blackmun fails to ensure protection for women by defining this right in the privacy doctrine. Justice Blackmun’s opinion allows the government to interpret and apply the doctrine to deny women access and availability to reproductive health. This can be shown by the subsequent Supreme Court decisions on privacy that allow the government to overrule the right of the individual woman. This allows for the government to effectively deny women the right to abortion and ultimately prevents women from making independent autonomous decisions. The laws and regulations ...


Speech Or Sex: The Porn Debate And American Politics, Abigail May Preston May 2016

Speech Or Sex: The Porn Debate And American Politics, Abigail May Preston

Student Honors Theses By Year

This project originated with what I perceived to be a great inconsistency in American law today: why is it illegal to perform sex acts for money in 49 of the 50 states unless one records the sex act and distributes it as pornography? The literal answer is a very short one: pornography is speech, and the right to free speech occupies a privileged position in American law and politics. Pornography has inspired intense debates spanning the disciplines of feminist theory, constitutional law, and political science, and the First Amendment enters into all of them at some point or another. This ...


Conscience Collisions: The Search For Public Policy Solutions To The Problem Of Doctrine In Medicine, Christina M. Claxton Apr 2016

Conscience Collisions: The Search For Public Policy Solutions To The Problem Of Doctrine In Medicine, Christina M. Claxton

Senior Theses and Projects

No abstract provided.


Justice Ginsburg's Call To Action: The Court, Congress, And The Lilly Ledbetter Fair Pay Act Of 2009, Youlan Xiu Apr 2015

Justice Ginsburg's Call To Action: The Court, Congress, And The Lilly Ledbetter Fair Pay Act Of 2009, Youlan Xiu

Senior Theses and Projects

No abstract provided.


Judicial Influence And The United States Federal District Courts: A Case Study, Justin R. Hickerson May 2014

Judicial Influence And The United States Federal District Courts: A Case Study, Justin R. Hickerson

Chancellor’s Honors Program Projects

No abstract provided.


When Speech Isn't Free: Legal Barriers And Consequences Of Reporting Sexual Violence, Kevin M. Fleming Jan 2014

When Speech Isn't Free: Legal Barriers And Consequences Of Reporting Sexual Violence, Kevin M. Fleming

Departmental Honors Projects

Incidents of sexual violence continue to be a serious problem for society. Likewise, acts of sexual violence impose severe consequences for survivors. The consequences initially begin at the onset of the survivor’s journey to psychological recovery following the traumatic sexual assault. The consequences take on a unique set of characteristics when the survivor attempts to use the justice system to confront the perpetrator who committed the offense. These characteristics can transform an adversarial process into an isolated battle for the survivor. In the worst cases, the justice system empowers individuals who wish to silence survivors with free speech restrictions ...


Transitional Authority In Iraq : Legitimacy, Governance And Potential Contribution To The Progressive Development Of International Law, Zakia Afrin Jan 2007

Transitional Authority In Iraq : Legitimacy, Governance And Potential Contribution To The Progressive Development Of International Law, Zakia Afrin

Theses and Dissertations

This work is intended to accomplish a number of objectives, including, among others: 1. An analyses, syntheses and examination in depth of all the international instruments relating the to formation of a Transitional Authority, the extent of its authority and the ecologies of effective authority. 2. A description of the foundation, legality and procedures undertaken by the Iraqi Transitional Authority; provision of a critical analysis of the same. 3. A suggestion of ways and means of implementation, compliance and enforcement of existing international norms related to Transitional Authorities and recommend modes of developing the jurisprudence in this area of law.