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Articles 1 - 30 of 35
Full-Text Articles in Law
The Arrest Experiments: A Feminist Critique, Cynthia Grant Bowman
The Arrest Experiments: A Feminist Critique, Cynthia Grant Bowman
Cynthia Grant Bowman
No abstract provided.
Domestic Violence: Does The African Context Demand A Different Approach?, Cynthia Grant Bowman
Domestic Violence: Does The African Context Demand A Different Approach?, Cynthia Grant Bowman
Cynthia Grant Bowman
No abstract provided.
David Peterson Mar, What Trouble I Have Seen: A History Of Violence Against Wives, Cynthia Grant Bowman
David Peterson Mar, What Trouble I Have Seen: A History Of Violence Against Wives, Cynthia Grant Bowman
Cynthia Grant Bowman
No abstract provided.
Praxis And Pedagogy: Domestic Violence, Cynthia Grant Bowman, Eden Kusmiersky
Praxis And Pedagogy: Domestic Violence, Cynthia Grant Bowman, Eden Kusmiersky
Cynthia Grant Bowman
No abstract provided.
Domestic Violence And The Politics Of Privacy, By Kristin A. Kelly [Book Review], Cynthia Grant Bowman
Domestic Violence And The Politics Of Privacy, By Kristin A. Kelly [Book Review], Cynthia Grant Bowman
Cynthia Grant Bowman
No abstract provided.
Danaher V. Hopkins (Sc 2879), Manuscripts & Folklife Archives
Danaher V. Hopkins (Sc 2879), Manuscripts & Folklife Archives
MSS Finding Aids
Finding aid only for Manuscripts Small Collection 2879. Photocopy of decision of Kentucky Court of Appeals in Danaher v. Hopkins, rendered on 24 October 2014. The court rules on an appeal from the Warren Circuit Court regarding custody of the child of the parties in the case.
Join Us On Oct. 14 At Widener Law School For An Important Discussion On Ending Domestic Violence, Linda L. Ammons
Join Us On Oct. 14 At Widener Law School For An Important Discussion On Ending Domestic Violence, Linda L. Ammons
Linda L. Ammons
No abstract provided.
How Feminist Theory Became (Criminal) Law: Tracing The Path To Mandatory Criminal Intervention In Domestic Violence Cases, Claire Houston
How Feminist Theory Became (Criminal) Law: Tracing The Path To Mandatory Criminal Intervention In Domestic Violence Cases, Claire Houston
Michigan Journal of Gender & Law
Our popular understanding of domestic violence has shifted significantly over the past forty years, and with it, our legal response. We have moved from an interpretation of domestic violence as a private relationship problem managed through counseling techniques to an approach that configures domestic violence first and foremost as a public crime. Mandatory criminal intervention policies reflect and reinforce this interpretation. How we arrived at this point, and which understanding of domestic violence facilitated this shift, is the focus of this Article. I argue that the move to intense criminalization has been driven by a distinctly feminist interpretation of domestic …
Employers Know Best? The Application Of Workplace Restraining Orders To Domestic Violence Cases, Njeri Mathis Rutledge
Employers Know Best? The Application Of Workplace Restraining Orders To Domestic Violence Cases, Njeri Mathis Rutledge
Loyola of Los Angeles Law Review
Domestic violence is often thought of as a private matter that occurs within the home. But when domestic violence impacts the workplace, employers are faced with a difficult choice: they must consider employee productivity and safety, as well as company finances, while also balancing the safety and needs of the domestic violence victim. Ultimately, employers may turn to workplace restraining orders to protect their employees from an abuser. Sometimes, employers consult the victim of domestic violence before seeking a restraining order; other times, employers do not. This Article addresses workplace restraining order legislation and argues that states should adopt a …
Blending The Law, The Individual, And Traditional Values To Create An Effective Adr System: A Study On The Adr Processes In Rwanda And Nicaragua, Sarah Yance
Pepperdine Dispute Resolution Law Journal
This article offers information on the history, development and significance of the adoption and implementation of the alternative dispute resolution (ADR) techniques in Nicaragua and Rwanda. The ADR system addresses the issues of women and children suffering from domestic abuse and from the repercussions of the Rwandan Genocide and helps in rebuilding and restoring traditional values of family and community in the context of human rights.
Divorce Involving Domestic Violence: Is Med-Arb Likely To Be The Solution?, Dafna Lavi
Divorce Involving Domestic Violence: Is Med-Arb Likely To Be The Solution?, Dafna Lavi
Pepperdine Dispute Resolution Law Journal
After an introduction in chapter one, the second chapter of this article presents statistics regarding the phenomenon of domestic violence and presents the definition of “violence” (with its attendant difficulties). The third chapter presents the existing problems regarding the judicial handling of divorce cases in general and those involving violence in particular. The fourth chapter analyzes the academic discourse regarding the issue of mediation of divorce cases involving violence (the position of the proponents and the opponents, as well as the problems of the current situation). The fifth chapter proposes med-arb as addressing the issue of divorce mediation in the …
Encouraging Victims: Responding To A Recent Study Of Battered Women Who Commit Crimes, Andrea L. Dennis, Carol E. Jordan
Encouraging Victims: Responding To A Recent Study Of Battered Women Who Commit Crimes, Andrea L. Dennis, Carol E. Jordan
Nevada Law Journal
No abstract provided.
Severing Ties: The Case For Indefinite Orders Of Protection For Survivors Of Domestic Violence, Kelly M. Driscoll
Severing Ties: The Case For Indefinite Orders Of Protection For Survivors Of Domestic Violence, Kelly M. Driscoll
Montana Law Review
Severing Ties: The Case For Indefinite Orders Of Protection For Survivors Of Domestic Violence
Reasonable Efforts Checklist For Dependency Cases Involving Domestic Violence, Leigh S. Goodmark
Reasonable Efforts Checklist For Dependency Cases Involving Domestic Violence, Leigh S. Goodmark
Leigh S. Goodmark
The purpose of this checklist is to assist dependency court judges in identifying factors that should be considered when making reasonable efforts determinations in cases involving domestic violence.
Bringing The Greenbook To Life: A Resource Guide For Communities, Leigh S. Goodmark, Ann Rosewater
Bringing The Greenbook To Life: A Resource Guide For Communities, Leigh S. Goodmark, Ann Rosewater
Leigh S. Goodmark
This book is designed for communities seeking to develop interventions that will improve their responses to families suffering both domestic violence and child maltreatment.
Steps Toward Safety: Improving Systemic And Community Responses For Families Experiencing Domestic Violence, Leigh Goodmark, Ann Rosewater
Steps Toward Safety: Improving Systemic And Community Responses For Families Experiencing Domestic Violence, Leigh Goodmark, Ann Rosewater
Leigh S. Goodmark
This report is designed to mine the lessons learned from the research and reforms in child welfare and domestic violence, as well as explore possibilities for the next generation of innovation.
Domestic Violence Victims - An Examination Of Advocates' Experiences And Impact On Services, Tanya M. Grant
Domestic Violence Victims - An Examination Of Advocates' Experiences And Impact On Services, Tanya M. Grant
Criminal Justice Faculty Publications
This qualitative study examines advocates’ phenomenological experiences with victims of domestic violence, specifically whether advocates’ personal biases impede the delivery of services to victims. Agencies and shelters in the communities that serve victims of domestic violence are an invaluable resource; however, if advocates are not providing appropriate services, victims can often find themselves in a more traumatic state. Ten domestic violence advocates throughout the State of Connecticut were interviewed and asked a series of questions pertaining directly to their day-to-day roles. The study also examined their attitudes about domestic violence, their perceptions of the work they do, and whether or …
Reframing Domestic Violence Law And Policy: An Anti-Essentialist Proposal, Leigh Goodmark
Reframing Domestic Violence Law And Policy: An Anti-Essentialist Proposal, Leigh Goodmark
Leigh S. Goodmark
This Article focuses on a central failure in domestic violence law and policy reform—the creation of a body of law and set of policies based on outmoded notions of what domestic violence is, the identities of the women who experience violence, the identities of their partners, and what such women need and want. The theoretical underpinnings of domestic violence law and policy largely are to blame for this excessively narrow and problematic view of domestic violence.
Enjoining Abuse: The Case For Indefinite Domestic Violence Protection Orders, Jane K. Stoever
Enjoining Abuse: The Case For Indefinite Domestic Violence Protection Orders, Jane K. Stoever
Vanderbilt Law Review
While countless studies demonstrate the complex and dangerous nature of intimate partner abuse, most jurisdictions permit only the entry of yearlong domestic violence protection orders. Judges may assume that danger ceases once the order takes effect, but evidence of the recurrent nature of violence demonstrates the importance of providing judicial protection over time. The brevity of domestic violence protection orders stands in stark contrast to the long duration of orders in other areas of the law, such as intellectual property, corporations, real property, and tax, where courts routinely enter permanent injunctions to protect individuals and businesses against "irreparable harm." What …
Reconsidering Dual Consent, Lisa V. Martin
Reconsidering Dual Consent, Lisa V. Martin
Faculty Publications
Before a child may travel internationally, many countries require proof that both of the child’s parents consent. These “dual consent” requirements are aimed at preventing international child abduction, and many countries have adopted them as part of the coordinated effort to implement the 1980 Hague Convention on the Civil Aspects of International Child Abduction. In recent years, international air carriers have been urged to impose similar requirements for all children traveling on international flights. Although well-intentioned, dual consent requirements pose significant harms, especially to children of single parents and parents subjected to domestic violence. This article explores the unintended consequences …
From Blue To Green: The Development And Implementation Of A Horticultural Therapy Program For Residents Of A Battered Women’S Shelter, Claire M. Renzetti, Diane R. Follingstad, Diane Fleet
From Blue To Green: The Development And Implementation Of A Horticultural Therapy Program For Residents Of A Battered Women’S Shelter, Claire M. Renzetti, Diane R. Follingstad, Diane Fleet
CRVAW Faculty Presentations
No abstract provided.
Intimate Terrorism And Technology: There's An App For That, Justine A. Dunlap
Intimate Terrorism And Technology: There's An App For That, Justine A. Dunlap
University of Massachusetts Law Review
Technology enhances the ability of the domestic violence prepetrator. It also holds the promise of assisting domestic violence survivors in their quest for safety. This is true in practical, daily ways and is becoming increasingly true in the legal treatment of these cases. Perpetrators can use technology to stalk and find their victims; survivors can use it to access necessary information to get away from their batterers. Laws are being amended to take into account cyber-enhanced domestic violence techniques. Domestic or intimate terrorists are among the class of criminals targeted for use of GPS monitoring. This article discusses the way …
Domestic Violence, Strategic Behavior, And Ideological Rent-Seeking, F.E. Guerra-Pujol
Domestic Violence, Strategic Behavior, And Ideological Rent-Seeking, F.E. Guerra-Pujol
F.E. Guerra-Pujol
This paper examines a number of empirical patterns, puzzles, and anomalies relating to the problem of domestic violence that heretofore have been overlooked in the scholarly literature and concludes that domestic violence legislation is the product of ‘ideological rent-seeking’ among issue-oriented pressure groups and, once enacted, often creates perverse incentives for strategic behavior.
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 …
A Home With Dignity: Domestic Violence And Property Rights, Margaret E. Johnson
A Home With Dignity: Domestic Violence And Property Rights, Margaret E. Johnson
All Faculty Scholarship
This Article argues that the legal system should do more to address intimate partner violence and each party's need for a home for several reasons. First, domestic violence is a leading cause of individual and family homelessness. Second, the struggle over rights to a shared home can increase the violence to which the woman is subjected. And third, a woman who decides to continue to live with the person who abused her receives little or no legal support, despite the evidence that this decision could most effectively reduce the violence. The legal system's current failings result from its limited goals-achieving …
Confrontation And The Re-Privatization Of Domestic Violence, Deborah Tuerkheimer
Confrontation And The Re-Privatization Of Domestic Violence, Deborah Tuerkheimer
Michigan Law Review First Impressions
When the Supreme Court transformed the right of confrontation in Crawford v. Washington, the prosecution of domestic violence predictably suffered as a result. But commentators at the time did not anticipate how the Court’s subsequent Confrontation Clause cases would utterly misconceive the nature of domestic violence, producing a flawed understanding of what constitutes a “testimonial” statement. Although the Court’s definition was especially problematic in the domestic violence context, its overly rigid approach finally became intolerable in Michigan v. Bryant, a 2011 case that did not involve domestic violence. In Bryant, the Court resurrected a public–private divide that …
Promising Protection: 911 Call Records As Foundation For Family Violence Intervention, Linda L. Bryant, James G. Dwyer
Promising Protection: 911 Call Records As Foundation For Family Violence Intervention, Linda L. Bryant, James G. Dwyer
Kentucky Law Journal
No abstract provided.
Gender-Conscious Confrontation: The Accuser-Obligation Approach Revisited, Michael El-Zein
Gender-Conscious Confrontation: The Accuser-Obligation Approach Revisited, Michael El-Zein
Michigan Journal of Gender & Law
The Supreme Court’s recent Confrontation Clause decisions have had a dramatic effect on domestic violence prosecution throughout the United States, sparking debate about possible solutions to an increasingly difficult trial process for prosecutors and the survivors they represent. In this Note, I revisit and reinterpret the suggestion by Professor Sherman J. Clark in his article, An Accuser-Obligation Approach to the Confrontation Clause,1 that we should view the Confrontation Clause primarily as an obligation of the accuser rather than a right of the accused. Specifically, I reevaluate Clark’s proposition using a gendered lens, ultimately suggesting a novel solution to the problem …
Converge! Reimagining The Movement To End Gender Violence Symposium: Panel On Intersections Of Gender, Economic, Racial, And Indigenous (In) Justice, Margaret E. Johnson
Converge! Reimagining The Movement To End Gender Violence Symposium: Panel On Intersections Of Gender, Economic, Racial, And Indigenous (In) Justice, Margaret E. Johnson
All Faculty Scholarship
JOHNSON: This presentation envisions what a better domestic violence legal system might look like for persons subjected to domestic abuse who have not had their needs met or who have been harmed by the current legal system. The paper reframes the focus of the civil legal system from a paradigm of safety into a paradigm of security, including economic, housing, health, and relationship security. This reframing permits a focus on the domestic violence legal system and its intersecting systems of oppression such as race, gender, class, and ethnicity.
Currently, the domestic violence legal system targets short-term physical safety of the …
Feminist Interruptions: Creating Care-Ful And Collaborative Community-Based Research With Students, Kelly Concannon, Laura Finley, Nadine Grifoni, Stephanie Wong
Feminist Interruptions: Creating Care-Ful And Collaborative Community-Based Research With Students, Kelly Concannon, Laura Finley, Nadine Grifoni, Stephanie Wong
Journal of Feminist Scholarship
This article describes a feminist community-based research project involving faculty and student collaboration to evaluate a dating and domestic violence awareness initiative. Using a critical ethics of care that emphasizes relationships and allows for constant reflection about power dynamics, role, positionality, and emotions, the authors reflect on what was learned during the research process. Faculty and student researchers share their perspectives and offer suggestions for future feminist collaborative research projects. Significant lessons learned include ensuring that all are invested from the outset of the project, guaranteeing that student researchers understand why their role is so critical in community-based research, and …