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Danaher V. Hopkins (Sc 2879), Manuscripts & Folklife Archives

MSS Finding Aids

Finding aid only for Manuscripts Small Collection 2879. Photocopy of decision of Kentucky Court of Appeals in Danaher v. Hopkins, rendered on 24 October 2014. The court rules on an appeal from the Warren Circuit Court regarding custody of the child of the parties in the case.

Divorce Involving Domestic Violence: Is Med-Arb Likely To Be The Solution?, Dafna Lavi

Pepperdine Dispute Resolution Law Journal

After an introduction in chapter one, the second chapter of this article presents statistics regarding the phenomenon of domestic violence and presents the definition of “violence” (with its attendant difficulties). The third chapter presents the existing problems regarding the judicial handling of divorce cases in general and those involving violence in particular. The fourth chapter analyzes the academic discourse regarding the issue of mediation of divorce cases involving violence (the position of the proponents and the opponents, as well as the problems of the current situation). The fifth chapter proposes med-arb as addressing the issue of divorce mediation in the …

Reasonable Efforts Checklist For Dependency Cases Involving Domestic Violence, Leigh S. Goodmark

Leigh S. Goodmark

The purpose of this checklist is to assist dependency court judges in identifying factors that should be considered when making reasonable efforts determinations in cases involving domestic violence.

Bringing The Greenbook To Life: A Resource Guide For Communities, Leigh S. Goodmark, Ann Rosewater

Leigh S. Goodmark

This book is designed for communities seeking to develop interventions that will improve their responses to families suffering both domestic violence and child maltreatment.

Steps Toward Safety: Improving Systemic And Community Responses For Families Experiencing Domestic Violence, Leigh Goodmark, Ann Rosewater

Leigh S. Goodmark

This report is designed to mine the lessons learned from the research and reforms in child welfare and domestic violence, as well as explore possibilities for the next generation of innovation.

Reframing Domestic Violence Law And Policy: An Anti-Essentialist Proposal, Leigh Goodmark

Leigh S. Goodmark

This Article focuses on a central failure in domestic violence law and policy reform—the creation of a body of law and set of policies based on outmoded notions of what domestic violence is, the identities of the women who experience violence, the identities of their partners, and what such women need and want. The theoretical underpinnings of domestic violence law and policy largely are to blame for this excessively narrow and problematic view of domestic violence.

Enjoining Abuse: The Case For Indefinite Domestic Violence Protection Orders, Jane K. Stoever

Vanderbilt Law Review

While countless studies demonstrate the complex and dangerous nature of intimate partner abuse, most jurisdictions permit only the entry of yearlong domestic violence protection orders. Judges may assume that danger ceases once the order takes effect, but evidence of the recurrent nature of violence demonstrates the importance of providing judicial protection over time. The brevity of domestic violence protection orders stands in stark contrast to the long duration of orders in other areas of the law, such as intellectual property, corporations, real property, and tax, where courts routinely enter permanent injunctions to protect individuals and businesses against "irreparable harm." What …

Reconsidering Dual Consent, Lisa V. Martin

Faculty Publications

Before a child may travel internationally, many countries require proof that both of the child’s parents consent. These “dual consent” requirements are aimed at preventing international child abduction, and many countries have adopted them as part of the coordinated effort to implement the 1980 Hague Convention on the Civil Aspects of International Child Abduction. In recent years, international air carriers have been urged to impose similar requirements for all children traveling on international flights. Although well-intentioned, dual consent requirements pose significant harms, especially to children of single parents and parents subjected to domestic violence. This article explores the unintended consequences …

Intimate Terrorism And Technology: There's An App For That, Justine A. Dunlap

University of Massachusetts Law Review

Technology enhances the ability of the domestic violence prepetrator. It also holds the promise of assisting domestic violence survivors in their quest for safety. This is true in practical, daily ways and is becoming increasingly true in the legal treatment of these cases. Perpetrators can use technology to stalk and find their victims; survivors can use it to access necessary information to get away from their batterers. Laws are being amended to take into account cyber-enhanced domestic violence techniques. Domestic or intimate terrorists are among the class of criminals targeted for use of GPS monitoring. This article discusses the way …

Domestic Violence, Strategic Behavior, And Ideological Rent-Seeking, F.E. Guerra-Pujol

F.E. Guerra-Pujol

This paper examines a number of empirical patterns, puzzles, and anomalies relating to the problem of domestic violence that heretofore have been overlooked in the scholarly literature and concludes that domestic violence legislation is the product of ‘ideological rent-seeking’ among issue-oriented pressure groups and, once enacted, often creates perverse incentives for strategic behavior.

A Home With Dignity: Domestic Violence And Property Rights, Margaret E. Johnson

All Faculty Scholarship

This Article argues that the legal system should do more to address intimate partner violence and each party's need for a home for several reasons. First, domestic violence is a leading cause of individual and family homelessness. Second, the struggle over rights to a shared home can increase the violence to which the woman is subjected. And third, a woman who decides to continue to live with the person who abused her receives little or no legal support, despite the evidence that this decision could most effectively reduce the violence. The legal system's current failings result from its limited goals-achieving …

Confrontation And The Re-Privatization Of Domestic Violence, Deborah Tuerkheimer

Michigan Law Review First Impressions

When the Supreme Court transformed the right of confrontation in Crawford v. Washington, the prosecution of domestic violence predictably suffered as a result. But commentators at the time did not anticipate how the Court’s subsequent Confrontation Clause cases would utterly misconceive the nature of domestic violence, producing a flawed understanding of what constitutes a “testimonial” statement. Although the Court’s definition was especially problematic in the domestic violence context, its overly rigid approach finally became intolerable in Michigan v. Bryant, a 2011 case that did not involve domestic violence. In Bryant, the Court resurrected a public–private divide that …

Converge! Reimagining The Movement To End Gender Violence Symposium: Panel On Intersections Of Gender, Economic, Racial, And Indigenous (In) Justice, Margaret E. Johnson

All Faculty Scholarship

JOHNSON: This presentation envisions what a better domestic violence legal system might look like for persons subjected to domestic abuse who have not had their needs met or who have been harmed by the current legal system. The paper reframes the focus of the civil legal system from a paradigm of safety into a paradigm of security, including economic, housing, health, and relationship security. This reframing permits a focus on the domestic violence legal system and its intersecting systems of oppression such as race, gender, class, and ethnicity.

Currently, the domestic violence legal system targets short-term physical safety of the …

Financial Freedom: Women, Money, And Domestic Abuse, Dana Harrington Conner

Dana Harrington Conner

No abstract provided.