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Full-Text Articles in Law
Denying Freedom Rather Than Securing The Country: National Security Is Undermined By Laws Governing Battered Immigrants, Eve Tilley-Coulson
Denying Freedom Rather Than Securing The Country: National Security Is Undermined By Laws Governing Battered Immigrants, Eve Tilley-Coulson
Eve Tilley-Coulson
Relief for battered immigrants is not an obvious national security matter per se, yet remedies are enacted in conjunction with stringent interpretations of immigration law, as though victims pose a security threat. Discrepancies exist between the immigration laws themselves—which attempt to secure the United States from disease, violence, and illegal activity—and the loopholes found within remedies under these laws, unnecessarily removing victims and perpetuating a cycle of fear and abuse. This paper addresses how relief for battered immigrants, when implemented with the priority of protecting national security and immigration legislation, creates and perpetuates negative societal consequences. The economic and societal …
Strengthening The Guard: The Use Of Gps Surveillance To Enforce Domestic Violence Protection Orders, Amanda Rhodes
Strengthening The Guard: The Use Of Gps Surveillance To Enforce Domestic Violence Protection Orders, Amanda Rhodes
Amanda Rhodes
This essay examines the use of GPS surveillance in enforcing domestic violence protection orders. Part I explores the rationale for using GPS surveillance in domestic violence situations. Part II addresses the primary constitutional concerns associated with GPS monitoring in the domestic violence context. Finally, Part III discusses the effectiveness of GPS surveillance in domestic violence cases.
Statutory Presumption Of Domestic Batterers’ Unfitness As Parents: Lessons From Jordan V. Jordan, Kyle S. Karpowicz
Statutory Presumption Of Domestic Batterers’ Unfitness As Parents: Lessons From Jordan V. Jordan, Kyle S. Karpowicz
Kyle S Karpowicz
This casenote analyzes the background and consequences 2011 D.C. Appellate Circuit decision of Jordan v. Jordan. This decision affirmed a lower court which found that though a statutory presumption of unfitness on the part of the father due to a finding of domestic violence, the presumption was rebutted and joint custody was awarded. The procedural elements of the statute and the decision are scrutinized, as well as how the decision comports with public policy and the legislative intent behind the statute.
Rethinking Civil Rights And Gender Violence, Julie Goldscheid
Rethinking Civil Rights And Gender Violence, Julie Goldscheid
Julie Goldscheid
Advocacy seeking justice for survivors of domestic and sexual violence historically has invoked civil rights laws and rhetoric to advance legal remedies and public policy reform. Even though two widely critiqued United States Supreme Court decisions have limited the reach of those civil rights approaches, neither decision precludes new civil-rights-based remedies for gender violence. Indeed, a civil rights frame has enduring potential to support needed reform by challenging structural inequalities that continue to inform and drive gender violence. Nevertheless, no public outcry has coalesced in the United States demanding a civil rights-based enforcement scheme, either to seek a refashioned remedy …
Escaping Battered Credit: A Proposal For Repairing Credit Reports Damaged By Domestic Violence, Angela K. Littwin
Escaping Battered Credit: A Proposal For Repairing Credit Reports Damaged By Domestic Violence, Angela K. Littwin
Angela K Littwin
Debt and domestic violence are connected in ways not previously imagined. A new type of debt – which I have labeled “coerced debt” – is emerging from abusive relationships. Coerced debt occurs when the abuser in a violent relationship obtains credit in the victim’s name via fraud or coercion. It ranges from secretly taking out credit cards in victims’ names to coercing victims into signing loan documents to tricking victims into relinquishing their rights to the family home. As wide-ranging as these tactics can be, one consequence consistently emerges: ruined credit ratings. Coerced debt wreaks havoc on credit scores, which …
Domestic Violence Law And Feminism’S Identity Crisis: Toward A “Neo-Feminist” Legal Theory, Aya Gruber
Domestic Violence Law And Feminism’S Identity Crisis: Toward A “Neo-Feminist” Legal Theory, Aya Gruber
Aya Gruber
By many accounts, feminism is in crisis. Traditional second-wave feminists are an ever-dwindling group, attacked by conservatives for being too liberal and by progressives for being too conservative. Newer voices weighing in on classic feminist issues like work rights, family structure, and rape are seen as abandoning the feminist mission in favor of other considerations like class and race. Accordingly, the conventional wisdom seems to be that there are two opposing progressive groups that address women’s issues—feminists and those who have receded from feminism. To many, this apparent fracture is exemplified by theorizing about domestic violence, where mainstream feminists supportive …
Evidence-Based Prosecution & Strangulation-Specific Training: Obtaining Justice For Victims Of Strangulation In Domestic Violence, Brigitte P. Volochinsky
Evidence-Based Prosecution & Strangulation-Specific Training: Obtaining Justice For Victims Of Strangulation In Domestic Violence, Brigitte P. Volochinsky
Brigitte P Volochinsky
Strangulation accounts for 10-percent of violent deaths in the United States, with six female victims to every male victim. A common form of abuse in domestic violence, strangulation may result in many harmful health effects and it often indicates either an ongoing pattern of abuse or it foreshadows escalating violence. Yet, strangulation is often minimized by the criminal justice system, including law enforcement officials, emergency room medical personnel, and prosecutors, who equate strangulation with a slap on the face. The phenomenon of minimizing a violent and life-threatening act occurs for two reasons; first, and most importantly, victims of strangulation often …
Surviving Castle Rock: An International Symbol For Human Rights Violations In The United States, Max D. Siegel
Surviving Castle Rock: An International Symbol For Human Rights Violations In The United States, Max D. Siegel
Max D Siegel
In 2005, the Supreme Court of the United States decided Town of Castle Rock v. Gonzales and held that Jessica Gonzales did not have a constitutional right to police enforcement of a restraining order. The decision highlighted the Court’s reluctance to recognize citizens’ affirmative rights, fortifying a deeply ingrained conceptualization of the Constitution of the United States as a “Negative Constitution” that creates a government with restraints on its actions and extremely limited obligations to its citizens. In August 2011, the Inter-American Commission on Human Rights released a report publicizing its finding that by failing to take affirmative measures to …
Coerced Debt: An Empirical Examination Of The Role Consumer Credit In Domestic Violence, Angela K. Littwin
Coerced Debt: An Empirical Examination Of The Role Consumer Credit In Domestic Violence, Angela K. Littwin
Angela K Littwin
When one pictures domestic violence, consumer credit probably does not come to mind. Physical and sexual abuse in intimate relationships has become an acknowledged reality. Structural abuse, which includes tactics such as isolating victims from other relationships and cutting off access to transportation, has also made headway in the public consciousness. Even forms of economic abuse that depress victims’ income have been well-documented. But there is another facet of domestic violence that has not yet been recognized: financial abuse through consumer credit. As consumer lending has permeated American life, violent partners have begun using debt as a means of exercising …
Coalition, Cross-Cultural Lawyering, And Intersectionality: Immigrant Identity As A Barrier To Effective Legal Counseling For Domestic Violence Victims, Jessica H. Stein
Coalition, Cross-Cultural Lawyering, And Intersectionality: Immigrant Identity As A Barrier To Effective Legal Counseling For Domestic Violence Victims, Jessica H. Stein
Jessica Stein
Cultural differences can be the most difficult barrier to overcome and the hardest to define when working with immigrant victims of domestic violence. This issue also seems to be the most puzzling and frustrating to attorneys, with answers that can be uncomfortable and that offend a progressive, liberal sense of lawyering. Drawing on critical race theory, I argue that the problems faced by immigrant victims in seeking help can only be solved by the recognition of the intersectionalities apparent in immigrant domestic violence cases, by the use and encouragement of cross-cultural lawyering, requiring a sincere effort by attorneys to be …
Effective Implementation Of The Trafficking Of Persons And Involuntary Servitude Articles: Lessons From The Criminal Justice System Response To The Illinois Domestic Violence Act, Alison L. Stankus, Jennifer A. Kuhn
Effective Implementation Of The Trafficking Of Persons And Involuntary Servitude Articles: Lessons From The Criminal Justice System Response To The Illinois Domestic Violence Act, Alison L. Stankus, Jennifer A. Kuhn
Alison L Stankus
When the Illinois Domestic Violence Act was enacted in 1986, the General Assembly acknowledged that “the legal system has ineffectively dealt with family violence in the past … and has not adequately acknowledged the criminal nature of domestic violence; that, although many laws have changed, in practice there is still widespread failure to appropriately protect and assist victims.” However, despite these stated purposes, the criminal justice system response to the Act in the last twenty years has been slow to correct this failure. Last year, the Trafficking of Persons and Involuntary Servitude Articles were added to the Illinois Criminal Code. …