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Articles 1 - 12 of 12
Full-Text Articles in Law
The Judicial Process For Victims Of Domestic Violence, And The Health Impact Of Domestic Violence, Assembly Select Committee On Domestic Violence
The Judicial Process For Victims Of Domestic Violence, And The Health Impact Of Domestic Violence, Assembly Select Committee On Domestic Violence
California Assembly
No abstract provided.
Mediation And Domestic Violence: A Practical Screening Method For Mediators And Mediation Program Administrators, Alexandria Zylstra
Mediation And Domestic Violence: A Practical Screening Method For Mediators And Mediation Program Administrators, Alexandria Zylstra
Journal of Dispute Resolution
Presented with such a dearth of standard practices and literature, family mediators have little guidance in whether and how to address cases involving domestic violence. Thus, this article sets forth a mediation screening framework that mediators and mediation program administrators can use to evaluate whether cases are appropriate for regular mediation (joint session without special safety measures), some modified form of mediation, or should be excluded from mediation. Such a method will better ensure a safe and fair mediation experience. Part II briefly examines the controversy surrounding the mediation of cases involving domestic violence, concluding that the arguments against mediating …
Ignorance Of The Law: Should It Excuse Violations Of Certain Federal Restrictions On The Possession Of Firearms?, Thomas L. Fowler
Ignorance Of The Law: Should It Excuse Violations Of Certain Federal Restrictions On The Possession Of Firearms?, Thomas L. Fowler
Campbell Law Review
Are thousands of North Carolinians violating federal criminal law every day without knowing it even though such violations may subject them to imprisonment for up to ten years and a fine of up to $250,000? Ignorance of the law is generally held not to excuse criminal conduct, but can such ignorance ever be so reasonable and predictable as to constitute a legitimate excuse? Are some laws so obscure, technical, counter-intuitive, or hard to discover that ignorance of the law will be a defense?
Lifesaving Welfare Safety Net Access For Battered Immigrant Women And Children: Accomplishments And Next Steps, Leslye Orloff
Lifesaving Welfare Safety Net Access For Battered Immigrant Women And Children: Accomplishments And Next Steps, Leslye Orloff
Articles in Law Reviews & Other Academic Journals
The United States is currently experiencing one of the largest waves of immigration in its history. Contrary to common assumptions, more than half of new immigrants are women. Despite this fact, U.S. immigration policy and most agencies serving immigrants have remained blind to gender differences and have treated all immigrants alike.
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 …
Victimized Twice -- The Intersection Of Domestic Violence And The Workplace: Legal Reform Through Curriculum Development, Lea B. Vaughn
Victimized Twice -- The Intersection Of Domestic Violence And The Workplace: Legal Reform Through Curriculum Development, Lea B. Vaughn
Articles
Domestic violence is at least a two-fold problem for American society. On the one hand, it is one of the leading causes of violence at the workplace against women. On the other, it prevents many women from attaining the economic security that would enable them to escape violence. After describing the background of this problem, this paper will canvass current legal remedies that are available to help battered women achieve economic security. This survey leads to the conclusion that the current pastiche of remedies is often ineffective because of their piecemeal approach to the problem, or because current doctrine does …
At The Crossroads Of Law And Social Science: Is Charging A Battered Mother With Failure To Protect Her Child An Acceptable Solution When Her Child Witnesses Domestic Violence, Melissa A. Trepiccione
At The Crossroads Of Law And Social Science: Is Charging A Battered Mother With Failure To Protect Her Child An Acceptable Solution When Her Child Witnesses Domestic Violence, Melissa A. Trepiccione
Fordham Law Review
No abstract provided.
Theorizing Yes: An Essay On Feminism, Law, And Desire, Katherine M. Franke
Theorizing Yes: An Essay On Feminism, Law, And Desire, Katherine M. Franke
Faculty Scholarship
In this Essay, Professor Franke observes that, unlike feminists from other disciplines, feminist legal theorists have neglected to formulate a positive theory of female sexuality. Instead, discussions of female sexuality have been framed as either a matter of dependency or danger. Professor Franke begins her challenge to this scheme by asking why legal feminism has accepted unquestionably the fact that most women reproduce in their lifetimes. Why have not social forces that incentivize motherhood – a dynamic she terms repronormativity – been exposed to as exacting a feminist critique as have heteronormative forces that normalize heterosexuality? Furthermore, she continues by …
Confronting The Agency In Battered Mothers, Elaine M. Chiu
Confronting The Agency In Battered Mothers, Elaine M. Chiu
Faculty Publications
Despite the progress of the last three decades, the American public and even feminists remain caught in a web of ambivalence and contradictory attitudes and beliefs about battered women. Are battered women traumatized victims who suffer at the hands of their individual abusers and from the systemic failures of a male-dominated culture? Are they, therefore, unable to save themselves or their children? In contrast, are these women survivors who manage to protect themselves as best they can under uniquely difficult circumstances? Do they deserve recognition for their efforts, or do battered women somehow contribute to or exacerbate their own abuse …
Crime Control And Feminist Law Reform In Domestic Violence Law: A Critical Review, Donna Coker
Crime Control And Feminist Law Reform In Domestic Violence Law: A Critical Review, Donna Coker
Articles
No abstract provided.
Why Doesn’T She Leave? The Collision Of First Amendment Rights And Effective Court Remedies For Victims Of Domestic Violence, Laurie S. Kohn
Why Doesn’T She Leave? The Collision Of First Amendment Rights And Effective Court Remedies For Victims Of Domestic Violence, Laurie S. Kohn
GW Law Faculty Publications & Other Works
This Article examines the potential constitutional barriers to the issuance of protection orders that restrict the speech of batterers in domestic violence cases. Focusing on threats by batterers to divulge information related to the victim’s HIV or immigration status and sexual orientation, this Article considers the court’s authority to protect victims as they try to escape abuse despite their fear of the dissemination of this confidential, truthful information . After examining the possible barriers to such restrictions under relevant First Amendment doctrine, the Article concludes that the orders are not only normatively important, but are likely to be constitutionally sound …
Child Witnesses Of Domestic Violence: Third Party Recovery For Intentional Infliction Of Emotional Distress, Mary Kate Kearney
Child Witnesses Of Domestic Violence: Third Party Recovery For Intentional Infliction Of Emotional Distress, Mary Kate Kearney
Mary Kate Kearney
No abstract provided.