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Full-Text Articles in Law
A Home With Dignity: Domestic Violence And Property Rights, Margaret E. Johnson
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 …
Love Matters, Tamara L. Kuennen
Love Matters, Tamara L. Kuennen
Sturm College of Law: Faculty Scholarship
Love matters to women in abusive relationships. Consequently, matters of love should mean something to both the legal regime redressing intimate partner violence (“IPV”) and to feminist legal scholars seeking to reform the same. Currently the law ignores matters of love by conditioning legal remedies on the immediate termination of the intimate relationship by the victim. Feminist legal scholars unwittingly ignore love by failing to be sufficiently specific about the type of abuse we most wish to eradicate: coercive control. This is a pattern of acts—both violent and nonviolent—in which one partner seeks to control and dominate the personhood and …
Contraceptive Sabotage, Leah A. Plunkett
Contraceptive Sabotage, Leah A. Plunkett
Law Faculty Scholarship
This Article responds to the alarm recently sounded by the American College of Obstetricians and Gynecologists over “birth control sabotage”—the “active interference [by one partner] with [the other] partner’s contraceptive methods in an attempt to promote pregnancy.” Currently, sabotage is not a crime, and existing categories of criminal offenses fail to capture the essence of the injury it does to victims. This Article argues that sabotage should be a separate crime—but only when perpetrated against those partners who can and do get pregnant as a result of having sabotaged sex. Using the principle of self-possession—understood as a person’s basic right …
Rethinking Domestic Violence, Rethinking Violence, Aya Gruber
Rethinking Domestic Violence, Rethinking Violence, Aya Gruber
Publications
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