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Full-Text Articles in Law
Spruce Run News (Fall 2003), Spruce Run Staff
Spruce Run News (Fall 2003), Spruce Run Staff
Maine Women's Publications - All
No abstract provided.
Spruce Run News (Spring 2003), Spruce Run Staff
Spruce Run News (Spring 2003), Spruce Run Staff
Maine Women's Publications - All
No abstract provided.
Engaging With The State: The Growing Reliance On Lawyers And Judges To Protect Battered Women, Jane C. Murphy
Engaging With The State: The Growing Reliance On Lawyers And Judges To Protect Battered Women, Jane C. Murphy
All Faculty Scholarship
The passage of the federal Violence Against Women Act of 2000 (“VAWA II”) marked an important milestone in the evolution of the domestic violence movement. VAWA II created, among other things, a complex system for state and federal funding in all fifty states to provide civil legal assistance to battered women. Its passage completed a process that began in the early 1980s when domestic violence advocates shifted their focus from grass roots efforts to help battered women and their children leave abusive partners to building alliances with government and advocating for legal remedies to assist battered women. This paper looks …
The "Pitiless Double Abuse" Of Battered Mothers, Justine A. Dunlap
The "Pitiless Double Abuse" Of Battered Mothers, Justine A. Dunlap
Faculty Publications
Mothers are expected to do and be all for their children, and those who fall short are criticized. Elizabeth Schneider makes this unassailable assertion in her book Battered Women and Feminist Lawmaking. In the chapter entitled Motherhood and Battering, Schneider argues that society reserves its greatest opprobrium for mothers who harm their children or who are perceived to stand idly by while other harm their children. As Schneider demonstrates, women who fail to protect their children, even if they attempt to do so, can be legally liable and soundly condemned. This ill-conceived accountability is most likely to occur …
Domestic Violence And The Maryland Family Violence Option, Karen Czapanskiy
Domestic Violence And The Maryland Family Violence Option, Karen Czapanskiy
Faculty Scholarship
No abstract provided.
Yes, No, And Maybe: Informed Decision Making About Divorce Mediation In The Presence Of Domestic Violence, Nancy Ver Steegh
Yes, No, And Maybe: Informed Decision Making About Divorce Mediation In The Presence Of Domestic Violence, Nancy Ver Steegh
Faculty Scholarship
Divorce mediation in the context of domestic violence is one of the most controversial issues in family law today. Some believe that mediation is never appropriate when domestic violence has taken place, and others believe that it is always appropriate and should be mandatory. These views can be reconciled by taking a third approach, that mediation is sometimes appropriate but that this decision must be made on a case-by-case basis in consultation with the abuse survivor. The central premise of this article is that victims of domestic violence should have the opportunity to make an informed choice about which divorce …
Developments In Law And Policy: Emerging Issues In Family Law, Michael T. Morley, Richard Albert, Jennie L. Kneedler, Chrystiane Pereira
Developments In Law And Policy: Emerging Issues In Family Law, Michael T. Morley, Richard Albert, Jennie L. Kneedler, Chrystiane Pereira
Scholarly Publications
No abstract provided.
Custody And Visitation: Considerations For Every Attorney Retained By A Survivor Of Domestic Violence, Caitlin Glass, Tamara Kuennen, Sharon Lopez
Custody And Visitation: Considerations For Every Attorney Retained By A Survivor Of Domestic Violence, Caitlin Glass, Tamara Kuennen, Sharon Lopez
Sturm College of Law: Faculty Scholarship
Legal representation is a critical tool for survivors of domestic violence to live free from their battering partners. Representation in custody and visitation matters-- integral issues in the separation context--is particularly consequential for survivors. First, studies of custody litigation indicate that fathers who battered the mothers of their children are twice as likely to seek sole physical custody as are nonviolent fathers. Batterers are as likely as nonbattering fathers to prevail. Since the 1970s, fathers in general have been at a marked advantage in custody disputes. Second, custody and visitation claims involve a complex array of legal issues, laws, practices, …