Open Access. Powered by Scholars. Published by Universities.®
- Discipline
Articles 1 - 6 of 6
Full-Text Articles in Law
Shielding Ohio's Newborns: Defending A Broad Interpretation Of Child Within The Meaning Of O.R.C. Sec. 3113.31, John Hofstetter
Shielding Ohio's Newborns: Defending A Broad Interpretation Of Child Within The Meaning Of O.R.C. Sec. 3113.31, John Hofstetter
Cleveland State Law Review
This note argues that viable fetuses should be viewed as “children” within the meaning of O.R.C. § 3113.31, therefore qualifying them for the protections afforded by civil protection orders. It focuses on the urgent need for such an interpretation based on child safety concerns arising primarily after the birth of the child, rather than those existing while the child is still in utero.
Divorce Child Custody Mediation: In Order To Form A More Perfect Disunion , Ben Barlow
Divorce Child Custody Mediation: In Order To Form A More Perfect Disunion , Ben Barlow
Cleveland State Law Review
The adversarial process serves its purpose in our society; however, that does not mean that there are not better ways to handle specific cases. To that end, nonadversarial systems offer tremendous potential in civil litigation, in governmental relations, in neighborhood and family conflicts, and, especially, in divorce child custody cases. If mediation statutes are contemplated for the sole purpose of judicial economy, discretionary statutes are sufficient. For the true value of mediation to be experienced, however, a mandatory scheme containing safeguards for cases involving domestic violence should be implemented.Understandably, many mediators are leery of the effect that mandatory schemes have …
Battered Women Syndrome As A Tort Cause Of Action, Heather Tonsing
Battered Women Syndrome As A Tort Cause Of Action, Heather Tonsing
Journal of Law and Health
The focus of this Note is the upcoming development of a new tort cause of action which would afford battered women full recovery and also help alleviate a growing public health epidemic. This Note argues that battered women syndrome is a valid psychological theory which has a place in civil litigation as a recognized cause of action. Although the theory is criticized by feminist scholars who believe that the testimony may perpetuate gender bias in criminal trials, the syndrome is still advantageous for women seeking redress in civil courts. Part I examines the phenomenon of battered women syndrome and its …
Felton V. Felton: A Case Study , James Wilsman
Felton V. Felton: A Case Study , James Wilsman
Cleveland State Law Review
The Felton decision ends years of conflict among Ohio's Appellate Districts as to whether or not the higher burden of proof of "clear and convincing evidence" is required in domestic violence cases. This article discusses the issue of whether the court inadvertently violated the constitutional rights of those individuals accused of committing acts of domestic violence. The author suggests that by abrogating the need for corroborating evidence, the Court has, in effect, made it difficult for those individuals who are innocent from protecting themselves against false allegations. Part II discusses the Felton case, while Part III briefly walks through the …
The Violence Against Women Act After United States V. Lopez: Will Domestic Violence Jurisdiction Be Returned To The States, Stacey L. Mckinley
The Violence Against Women Act After United States V. Lopez: Will Domestic Violence Jurisdiction Be Returned To The States, Stacey L. Mckinley
Cleveland State Law Review
Recent judiciary and media events have put a national focus on the overlooked problem of domestic violence. Federal lawmakers admirably responded to this attention in an aggressive manner when Congress passed the Violence Against Women Act (VAWA). Although little doubt exists that this country needs to reduce domestic violence, this sweeping federal legislation may not be the most effective means. The hasty response by federal lawmakers is unconstitutional in consideration of the Supreme Court's recent holding in Lopez. Although initial court challenges to the VAWA on Lopez grounds have resulted in split decisions, this Note argues that portions of the …
Gun Control Statutes And Domestic Violence, Elmer A. Bessick
Gun Control Statutes And Domestic Violence, Elmer A. Bessick
Cleveland State Law Review
If gun control were an effective method to reduce the number of guns available in the urban households, then it is quite possible that many family quarrels and other arguments would not end with someone's death. The availability of firearms makes the gun a readily accessible vehicle of violence. If the regulation of this vehicle were more strict, then perhaps this type of domestic violence would be less frequent.