Open Access. Powered by Scholars. Published by Universities.®

Law Commons

Open Access. Powered by Scholars. Published by Universities.®

PDF

University of Michigan Law School

Michigan Journal of Gender & Law

2001

Crimes

Articles 1 - 2 of 2

Full-Text Articles in Law

Faith In Justice: Fiduciaries, Malpractice & Sexual Abuse By Clergy, Zanita E. Fenton Jan 2001

Faith In Justice: Fiduciaries, Malpractice & Sexual Abuse By Clergy, Zanita E. Fenton

Michigan Journal of Gender & Law

This article argues that perpetrators of sexual misconduct should not be granted refuge from the potential consequences of their actions by mere affiliation with a religious institution. Part I of this article examines the theories of malpractice and breach of fiduciary duty, and determines the appropriate cause of action for sexual misconduct and ascertains their capacities to withstand First Amendment scrutiny. Determining the cause of action is essential to the evaluation of the potential constitutional challenges. Part II demonstrates that sexual misconduct by clergy is well outside First Amendment constraints. It examines both the Free Exercise and Establishment Clauses, and ...


Reconsidering The Abuse That Dare Not Speak Its Name: A Criticism Of Recent Legal Scholarship Regarding Same-Gender Domestic Violence, Ryiah Lilith Jan 2001

Reconsidering The Abuse That Dare Not Speak Its Name: A Criticism Of Recent Legal Scholarship Regarding Same-Gender Domestic Violence, Ryiah Lilith

Michigan Journal of Gender & Law

This article argues that while recent legal scholarship effectively disputes the applicability of a gendered model of domestic violence to same-gender abuse, it goes too far in embracing a completely gender-neutral model. Part I explains the theoretical problems with the non-gendered model of domestic violence by examining in detail the research which is most often cited in legal writings in support of this model. Part II briefly explores the pragmatic implications for lesbian and gay male victims of domestic violence when law enforcement policies such as mandatory arrest are based on a model of domestic violence which ignores contexts such ...