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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
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
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
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
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
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
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
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
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
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
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
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
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
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
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
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
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
Battered Spouses' Section 1983 Damage Actions Against The Unreponsive Police After Deshaney, James T.R. Jones
West Virginia Law Review
No abstract provided.