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Full-Text Articles in Law
Professional Responsibility In Civil Domestic Violence Matters, Julie Saffren
Professional Responsibility In Civil Domestic Violence Matters, Julie Saffren
UC Law SF Journal on Gender and Justice
Professional Responsibility in Civil Domestic Violence Matters explores the fundamental ethical duties that arise in civil domestic violence practice. The article stresses the importance of an attorney having a comprehensive knowledge of domestic violence dynamics and describes how these complex dynamics impact the attorney-client relationship. Knowledge of domestic violence and its impact on the victim is required if the attorney is to fulfill their duty of competence, including providing legal services in a culturally competent and trauma-informed manner. The importance of safety and specific ethical responsibilities in the face of high lethality cases are also discussed. The author examines attorney …
Remarks Delivered April 5, 2012, To Cutting Edge Topics In Domestic Violence Symposium, Katherine Dowling
Remarks Delivered April 5, 2012, To Cutting Edge Topics In Domestic Violence Symposium, Katherine Dowling
UC Law SF Journal on Gender and Justice
Ms. Dowling’s speech delivered at the Journal’s Spring 2012 symposium entitled: “Cutting Edge Topics in Domestic Violence” is transcribed here for the benefit of our readers. Ms. Dowling describes the ways in which domestic violence has implications on interstate commerce, the basis for the Violence Against Women Act.
Lindsay’S Legacy: The Tragedy That Triggered Law Reform To Prevent Teen Dating Violence, D. Kelly Weisberg
Lindsay’S Legacy: The Tragedy That Triggered Law Reform To Prevent Teen Dating Violence, D. Kelly Weisberg
UC Law SF Journal on Gender and Justice
Intimate partner violence is common not only among adults but among teenagers as well. A recent large-scale study reveals the startling fact that dating violence begins as early as age eleven. In 2005, an innovative state law reform movement was launched that confers a proactive role on the schools to prevent teen dating violence (TDV). Currently, twenty states have laws that address TDV in the schools, and additional states have pending legislation. This article explores the impetus for this law reform movement, provides an analysis of state laws on TDV prevention, and examines pending federal legislation that overcomes a fundamental …
Talk Delivered February 6, 2012, To Professor D. Kelly Weisberg’S Domestic Violence Class, Rolanda Pierre Dixon
Talk Delivered February 6, 2012, To Professor D. Kelly Weisberg’S Domestic Violence Class, Rolanda Pierre Dixon
UC Law SF Journal on Gender and Justice
Ms. Pierre Dixon’s speech delivered to Professor Weisberg’s Domestic violence class on her life’s work which included establishing and supervising the Santa Clara County Domestic Violence Task Force from 1991 until 2006. This issue features a transcription of that talk in which Ms. Pierre Dixon describes the challenges she faced in establishing the Task Force and the ongoing challenges prosecutors and domestic violence victims face.
Collaboration And Coercion, Margaret B. Drew
Collaboration And Coercion, Margaret B. Drew
UC Law SF Journal on Gender and Justice
“Collaboration and Coercion” addresses the systemic and individual concerns that arise when family members that have experienced abuse enter into the collaborative law process. A form of alternative dispute resolution, collaborative law is a method of resolving disputes without engagement of the legal system. The author addresses the structural and cultural difficulties that survivors of abuse encounter throughout the process as well as the ethical concerns that are raised when collaborative practitioners accept cases where the parties have a history of coercion within the intimate relationship.
Domestic Violence As A Basis For Asylum: An Analysis Of 206 Case Outcomes In The United States From 1994 To 2012, Blaine Bookey
Domestic Violence As A Basis For Asylum: An Analysis Of 206 Case Outcomes In The United States From 1994 To 2012, Blaine Bookey
UC Law SF Journal on Gender and Justice
The recent granting of asylum in the United States to the women in the highly publicized Matter of R-A- and Matter of L-R- cases has opened doors for other women fleeing horrific violence at the hands of their husbands and partners. Some immigration judges have begun to accept domestic violence as a basis for asylum as a result of the U.S. government’s approach in these cases. However, the absence of binding jurisprudential and regulatory norms remains a major impediment to fair and consistent outcomes for women who fear returning to countries where they face heinous abuse, or even death. While …
Limitations On Choice: Abortion For Women With Diminished Capacity, Elizabeth Ann Mccaman
Limitations On Choice: Abortion For Women With Diminished Capacity, Elizabeth Ann Mccaman
UC Law SF Journal on Gender and Justice
Abortion for women with diminished capacity is a complex, highly charged issue. Because many women with diminished capacity cannot give informed consent, an abortion cannot be performed without some form of legal intervention. Florida requires women with diminished capacity obtain a court order to authorize the procedure. New York allows a parent or guardian to consent directly on behalf of the woman. In California, conservators have general authority to consent to surgery on behalf of the woman so long as she does not object. In developing these state-specific legal interventions, it is important to balance the desire for reproductive freedom …
De-Gendering Health Insurance: A Case For A Federal Insurance Gender Nondiscrimination Act, Kate Walsham
De-Gendering Health Insurance: A Case For A Federal Insurance Gender Nondiscrimination Act, Kate Walsham
UC Law SF Journal on Gender and Justice
The Patient Protection and Affordable Care Act, is the most sweeping change to the U.S. healthcare system since 1965. It creates the perfect platform from which to improve access to medical care for transgender people. In 2005, California enacted a first-of-its-kind bill, the Insurance Gender Nondiscrimination Act, which prohibits discrimination on the basis of gender and gender identity in insurance coverage. This bill should be the model for federal regulations as the Patient Protection and Affordable Care Act’s provisions go into effect. This note advocates for enactment of a federal Insurance Gender Nondiscrimination Act based on California’s bill and the …
Forced Obstetrical Intervention: The Role Of Religion And Culture, And The Woman’S Autonomous Choice, Gina Gribow
Forced Obstetrical Intervention: The Role Of Religion And Culture, And The Woman’S Autonomous Choice, Gina Gribow
UC Law SF Journal on Gender and Justice
The right to bodily integrity is one of the most valued rights within our society. Yet, pregnant women have found this right to be jeopardized when making the informed decision to either accept or refuse medical treatment when the treatment is deemed necessary to improve or save the life of the fetus. Often, religion and culture play a central role in either establishing a basis for why the woman refuses the treatment, or establishing the context that ultimately leads to forced obstetrical intervention. Historically, it seems that when religion or culture is heavily intertwined with the woman’s decision to forgo …