The Culture Differential in Parental Autonomy, 41 U.C. Davis L.
Rev. 101 (2008).
The challenge of diversity is felt when the composition of the
American populace is changing, but the laws governing the populace
are not. When the laws of a community reflect only one culture
while many of its members are from other cultures, conflict is
inevitable and intense. This conflict arises in numerous legal
contexts but when the conflict occurs in criminal laws regulating
the parent-child relationship, the consequences are tremendous. In
this Article, I claim that the parental practices and decisions of
parents from minority cultures are scrutinized, regulated and
punished to a greater degree than the practices and decisions of
parents from the dominant culture. To support this claim, I
critique the criminalization of female genital surgeries in the US
and contrast this aggressive legal stance with the utter lack of
regulation in cosmetic surgery for adolescents and the
administration of growth hormones for non-medical reasons.
Culture
as Justification, Not Excuse, 43
American Crim. L. Rev. 1317 (Oct 2006)
This article advocates for a new perspective in the debate on
cultural defenses. It proposes that criminal law allow
defendants to introduce new justification defenses based on the
values and practices of their minority cultures. Oftentimes,
such defendants commit acts of violence, not because they are
mentally disturbed or acting involuntarily. Rather,
they do so because they believe their conduct is the right and
justified thing to do. Decisionmakers in the criminal
law should be free to disagree with the belief and choice of
such defendants, but they should do with the honest recognition
that their defense is one of justification and not
excuse.
Culture
in Our Midst, 17
U. Fl. J. L. & Pub. Pol’y 231 (Summer 2006)
This article describes how the substantive criminal law is infused
with the values and practices of the dominant Anglo-American
culture. This is particularly true of justification defenses. There
is no doctrinal space for the values and beliefs of minority
cultures. A recognition of these truths is a critical first
step in crafting a more fair and equitable criminal law for
the multicultural communities in which we now live.
The
Role of Motive in the Criminal Law, 8
Buff. Crim. L. Rev. 653 (2005)
This article builds on recent discussions among criminal law
scholars on the role that motive should play in the criminal law.
It advocates for greater consideration of a defendant’s motive in
all critical decisions of the criminal justice process and offers
concrete guidelines.
Confronting the Agency in Battered Mothers, 74 S. Cal.
L. Rev. 1223 (July 2001).