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Articles 1 - 17 of 17

Full-Text Articles in Family Law

Reframing Domestic Violence Law And Policy: An Anti-Essentialist Proposal, Leigh Goodmark May 2014

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.


State V. Harden: Muddying The Waters Of Self-Defense Law In West Virginia, Devin C. Daines Apr 2011

State V. Harden: Muddying The Waters Of Self-Defense Law In West Virginia, Devin C. Daines

West Virginia Law Review

No abstract provided.


In Harm's Way? Family Mediation And The Role Of The Attorney Advocate, Mary Pat Treuthart Sep 2010

In Harm's Way? Family Mediation And The Role Of The Attorney Advocate, Mary Pat Treuthart

Golden Gate University Law Review

The first part of this article presents some background information about mediation and the current mediation trend, emphasizes that the use of mediation is dangerous and inappropriate when one disputant has been abused by the other, and identifies potential problems for women which may be created by family mediation. The second part of this article focuses on the role and responsibilities of the attorney advocate when the client chooses, or is compelled, to mediate, with particular attention to the special concerns involved in representing battered women. In the scholarly literature, much time and energy has been devoted to issues addressed …


The Perils Of Empowerment, Jane H. Aiken, Katherine Goldwasser Jan 2010

The Perils Of Empowerment, Jane H. Aiken, Katherine Goldwasser

Georgetown Law Faculty Publications and Other Works

This Article examines bystander norms of disinterest and blame that inform and undermine strategies for dealing with significant social problems such as domestic violence. Current strategies rely on individual “empowerment” to reduce such violence. These strategies reflect fundamental misconceptions and false assumptions about the nature of domestic violence, about why this sort of violence persists so stubbornly, and, ultimately, about what it takes to change behavior that has long been tolerated, if not actually fostered, as a result of deeply imbedded social and cultural norms. The net effect is that far from empowering abused women, let alone reaching the norms …


Conceptualizing Violence Against Pregnant Women, Deborah Tuerkheimer Apr 2006

Conceptualizing Violence Against Pregnant Women, Deborah Tuerkheimer

Indiana Law Journal

No abstract provided.


Ginger Rogers Dancing Backwards In Red High Heels– Feminist Lawmaking And Domestic Violence, Bette Garlow Jan 2003

Ginger Rogers Dancing Backwards In Red High Heels– Feminist Lawmaking And Domestic Violence, Bette Garlow

American University Journal of Gender, Social Policy & the Law

No abstract provided.


Why Do You Do The Things You Do? Clemency For Battered Incarcerated Women, A Decade's Review, Linda L. Ammons Jan 2003

Why Do You Do The Things You Do? Clemency For Battered Incarcerated Women, A Decade's Review, Linda L. Ammons

American University Journal of Gender, Social Policy & the Law

No abstract provided.


Battered Women, Child Maltreatment, Prison, And Poverty: Issues For Theory And Practice, Naomi R. Cahn Jan 2003

Battered Women, Child Maltreatment, Prison, And Poverty: Issues For Theory And Practice, Naomi R. Cahn

American University Journal of Gender, Social Policy & the Law

No abstract provided.


Engaging With The State: The Growing Reliance On Lawyers And Judges To Protect Battered Women, Jane C. Murphy Jan 2003

Engaging With The State: The Growing Reliance On Lawyers And Judges To Protect Battered Women, Jane C. Murphy

American University Journal of Gender, Social Policy & the Law

No abstract provided.


The "Pitiless Double Abuse" Of Battered Mothers, Justine A. Dunlap Jan 2003

The "Pitiless Double Abuse" Of Battered Mothers, Justine A. Dunlap

American University Journal of Gender, Social Policy & the Law

No abstract provided.


Doubly Victimized: Housing Discrimination Against Victims Of Domestic Violence, Lenora M. Lapidus Jan 2003

Doubly Victimized: Housing Discrimination Against Victims Of Domestic Violence, Lenora M. Lapidus

American University Journal of Gender, Social Policy & the Law

No abstract provided.


No Civilized System Of Justice: The Fate Of The Violence Against Women Act, Sally F. Goldfarb Apr 2000

No Civilized System Of Justice: The Fate Of The Violence Against Women Act, Sally F. Goldfarb

West Virginia Law Review

No abstract provided.


Evidence Issues In Domestic Violence Civil Cases, Jane H. Aiken, Jane C. Murphy Jan 2000

Evidence Issues In Domestic Violence Civil Cases, Jane H. Aiken, Jane C. Murphy

Georgetown Law Faculty Publications and Other Works

This article is intended to assist practitioners in anticipating and responding to some of the evidentiary challenges in civil cases in which relief is sought for the victims of domestic violence. First, expert testimony is often necessary to dispel common myths about battered women and to educate judges and juries about the dynamics of domestic violence. Recent case law, however, has limited the admissibility of "non-scientific" expert testimony and may make it difficult for practitioners to use experts in their cases. In addition, particular evidentiary issues arise when victims are pursuing both criminal and civil remedies against the batterer. This …


From Property To Personhood: What The Legal System Should Do For Children In Family Violence Cases, Leigh Goodmark Dec 1999

From Property To Personhood: What The Legal System Should Do For Children In Family Violence Cases, Leigh Goodmark

West Virginia Law Review

No abstract provided.


For Better Or Worse: The Federalization Of Domestic Violence, Michelle W. Easterling Apr 1996

For Better Or Worse: The Federalization Of Domestic Violence, Michelle W. Easterling

West Virginia Law Review

No abstract provided.


Batterers Beware: West Virginia Responds To Domestic Violence With The Probable Cause Warrantless Arrest Statute, Toni L. Harvey Sep 1994

Batterers Beware: West Virginia Responds To Domestic Violence With The Probable Cause Warrantless Arrest Statute, Toni L. Harvey

West Virginia Law Review

No abstract provided.


Battered Spouses' Section 1983 Damage Actions Against The Unreponsive Police After Deshaney, James T.R. Jones Jan 1991

Battered Spouses' Section 1983 Damage Actions Against The Unreponsive Police After Deshaney, James T.R. Jones

West Virginia Law Review

No abstract provided.