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- Cynthia Grant Bowman (3)
- Caroline A Forell (2)
- Deborah M. Weissman (2)
- Donna M. Hughes (2)
- Leigh S. Goodmark (2)
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- Debra Pogrund Stark (1)
- Deseriee A. Kennedy (1)
- Dr. Saumya Uma (1)
- Eve Tilley-Coulson (1)
- Heather Hughes (1)
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- Kit Kinports (1)
- Margaret B Drew (1)
- Margaret F Brinig (1)
- Nancy J. Knauer (1)
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Articles 1 - 29 of 29
Full-Text Articles in Law and Gender
Properly Accounting For Domestic Violence In Child Custody Cases: An Evidence-Based Analysis And Reform Proposal, Debra Pogrund Stark, Jessica M. Choplin, Sarah Elizabeth Wellard
Properly Accounting For Domestic Violence In Child Custody Cases: An Evidence-Based Analysis And Reform Proposal, Debra Pogrund Stark, Jessica M. Choplin, Sarah Elizabeth Wellard
Debra Pogrund Stark
Promoting the best interests of children and protecting their safety and well-being in the context of a divorce or parentage case where domestic violence has been alleged has become highly politicized and highly gendered. There are claims by fathers’ rights groups that mothers often falsely accuse fathers of domestic violence to alienate the fathers from their children and to improve their financial position. They also claim that children do better when fathers are equally involved in their children’s lives, but that judges favor mothers over fathers in custody cases. As a consequence, fathers’ rights groups have engaged in a nationwide …
Debunking The Myth Of Universal Male Privilege, Jamie R. Abrams
Debunking The Myth Of Universal Male Privilege, Jamie R. Abrams
Jamie R. Abrams
Existing legal responses to sexual assault and harassment in the military have stagnated or failed. Current approaches emphasize the prevalence of sexual assault and highlight the masculine nature of the military’s statistical composition and institutional culture. Current responses do not, however, incorporate masculinities theory to disentangle the experiences of men as a group from men as individuals. Rather, embedded within contestations of the masculine military culture is the unstated assumption that the culture universally privileges or benefits the individual men that operate within it. This myth is harmful because it tethers masculinities to military efficacy, suppresses the costs of male …
Mulieris Dignitatem, Ephesians 5, And Domestic Violence, Joseph M. Isanga
Mulieris Dignitatem, Ephesians 5, And Domestic Violence, Joseph M. Isanga
Joseph Isanga
This Article considers the contribution of Pope John Paul II’s apostolic letter On the Dignity and Vocation of Women to the deeper understanding of women’s dignity as it relates to the process of articulating and rearticulating international women’s rights, with particular attention on domestic violence.2 This letter, Mulieris Dignitatem, brings together some of the Catholic Church’s most important teachings on gender equality. This Article delineates norms articulated in Mulieris Dignitatem that can inform international standards regarding the protection of women from domestic violence. To date there are no legally binding global human rights instruments that explicitly recognize the right to …
Professor Breaks Ground With Journal On Sexual Violence And Exploitation, Joseph Essig, Donna M. Hughes Dr.
Professor Breaks Ground With Journal On Sexual Violence And Exploitation, Joseph Essig, Donna M. Hughes Dr.
Donna M. Hughes
Uri Professor Launches Online Journal About Sexual Exploitation, Violence, Slavery, Donna M. Hughes Dr.
Uri Professor Launches Online Journal About Sexual Exploitation, Violence, Slavery, Donna M. Hughes Dr.
Donna M. Hughes
Result Inequality In Family Law, Margaret Brinig
Result Inequality In Family Law, Margaret Brinig
Margaret F Brinig
To the extent that family law is governed by statute, all families are treated as though they are the same. This is of course consistent with the equal protection guarantees of the US Constitution as well as those of the states. However, in our pluralistic society, all families are not alike. At birth, some children are born to wealthy, married parents who will always put the children’s interests first and will never engage in domestic violence. Many laws benefit these children, while, according to some academics, they either further disadvantage other children or at best ignore their needs.
This presentation …
Promoting The General Welfare: Legal Reform To Lift Women And Children In The United States Out Of Poverty, Jill Engle
Promoting The General Welfare: Legal Reform To Lift Women And Children In The United States Out Of Poverty, Jill Engle
Jill Engle
American women and children have been poor in exponentially greater numbers than men for decades. The problem has historic, institutional roots which provide a backdrop for this article’s introduction. English and early U.S. legal systems mandated a lesser economic status for women. Despite numerous legal changes aimed at combating the financial disadvantage of American women and children, the problem is worsening. American female workers, many in low-paying job sectors, earn roughly twenty percent less than their male counterparts. Nearly forty percent of single mothers and their children subsist below the poverty level. The recession exacerbated this problem, mostly because unemployment …
So Much Activity, So Little Change: A Reply To The Critics Of Battered Women's Self-Defense, Kit Kinports
So Much Activity, So Little Change: A Reply To The Critics Of Battered Women's Self-Defense, Kit Kinports
Kit Kinports
Prior to 1970, the term "domestic violence" referred to ghetto riots and urban terrorism, not the abuse of women by their intimate partners. Today, of course, domestic violence is a household word. After all, it has now been ten years since the revelation of football star O.J. Simpson's history of battering purportedly sounded "a wake-up call for all of America"; ten years since Congress enacted legislation haled as "a milestone . . .truly a turning point in the national effort to break the cycle" of violence; and twenty years since Farrah Fawcett's portrayal of Francine Hughes in the movie The …
From Protection To Punishment: Post-Conviction Barriers To Justice For Domestic Violence Survivor-Defendants In New York State, Tamar Kraft-Stolar, Elizabeth Brundige, Sital Kalantry, Jocelyn Getgen Kestenbaum
From Protection To Punishment: Post-Conviction Barriers To Justice For Domestic Violence Survivor-Defendants In New York State, Tamar Kraft-Stolar, Elizabeth Brundige, Sital Kalantry, Jocelyn Getgen Kestenbaum
Sital Kalantry
No abstract provided.
A Postcolonial Theory Of Spousal Rape: The Carribean And Beyond, Stacy-Ann Elvy
A Postcolonial Theory Of Spousal Rape: The Carribean And Beyond, Stacy-Ann Elvy
Stacy-Ann Elvy
Many postcolonial states in the Caribbean continue to struggle to comply with their international treaty obligations to protect women from sexual violence. Reports from various United Nations programs, including UNICEF, and the annual U.S. State Department Country Reports on Antigua and Barbuda, the Bahamas, Barbados, Dominica, Jamaica, and Saint Lucia (“Commonwealth Countries”), indicate that sexual violence against women, including spousal abuse, is a significant problem in the Caribbean. Despite ratification of various international instruments intended to eliminate sexual violence against women, such as the Convention on the Elimination of All Forms of Discrimination Against Women, Commonwealth Countries have retained the …
Constrained Choice: Mothers, The State, And Domestic Violence, Rona Kaufman Kitchen
Constrained Choice: Mothers, The State, And Domestic Violence, Rona Kaufman Kitchen
Rona Kaufman Kitchen
Mothers who are the victims of domestic violence face unique challenges in their quest for safety. The legal response to domestic violence requires that mothers respond to abuse in specific state-sanctioned manners. However, when mothers respond accordingly, such as by reporting abuse and leaving the abusive relationship, their safety and the safety of their children is not guaranteed. Moreover, by responding in state-sanctioned manners, mothers risk a host of negative consequences including increased threat to their immediate and long-term safety, the loss of their children, undesired financial, health, and social consequences, and criminal prosecution. On the other hand, when mothers …
Women Made Whole: How Tort Law Can Change The Lives Of Domestic Violence And Sexual Assault Victims, Sara L. Crewson
Women Made Whole: How Tort Law Can Change The Lives Of Domestic Violence And Sexual Assault Victims, Sara L. Crewson
Sara L Crewson
Domestic violence victims do not have the same level of access to the civil justice system that victims of sexual assault do, yet both are gender-linked crimes. A combination of legal, legislative, and social forces have come together to effectively bar recovery for victims of domestic violence, but when examining how these forces serve to help, rather than hinder, sexual violence victims, it is possible to come up with solutions that can tear these barriers down and ensure all victims of violence are equal in the eyes of the justice system. What we know is that domestic violence tort claims …
The Arrest Experiments: A Feminist Critique, Cynthia Grant Bowman
The Arrest Experiments: A Feminist Critique, 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.
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 …
New York Law Of Domestic Violence, Deseriee Kennedy
New York Law Of Domestic Violence, Deseriee Kennedy
Deseriee A. Kennedy
NEW YORK LAW OF DOMESTIC VIOLENCE, 3rd ed., is a comprehensive 2-volume, 7-chapter, hardbound treatise published by West (Thomson-Reuters). The treatise is the seminal authority on domestic violence in New York State covering New York State laws and relevant U.S. Supreme Court cases. The authors of the book are Professor Breger (Albany Law School, Albany, NY), Professor Kennedy (Touro School of Law, Central Islip, NY), Jill M. Zuccardy, Esq. (New York City), and now retired Judge Lee Hand Elkins (formerly Brooklyn Family Court). The treatise and its authors have been cited as authority repeatedly by trial and appellate courts, as …
Penny Wise But Pound Foolish In The Heartland: A Case Study Of Decriminalizing Domestic Violence In Topeka, Kansas, Shelley Santry
Penny Wise But Pound Foolish In The Heartland: A Case Study Of Decriminalizing Domestic Violence In Topeka, Kansas, Shelley Santry
Shelley M. Santry
Denying Choice Of Forum: An Interference By The Massachusetts Trial Court With Domestic Violence Victims' Rights, Margaret B. Drew, Marilu E. Gresens
Denying Choice Of Forum: An Interference By The Massachusetts Trial Court With Domestic Violence Victims' Rights, Margaret B. Drew, Marilu E. Gresens
Margaret B Drew
The article discusses the due process denials inherent in the Massachusetts scheme designed to defeat the victim's choice of forum for hearing on a civil protection order petition. The scheme would divert many protection orders to family court even though the statute in question permits filing and hearing of the petitions in district, superior and famiy courts. The diversion would be available whenever there is a related case filed in family court at the time that the petition for protection is filed. More alarmingly, the petition could be diverted to family court if a subsequent action was filed in the …
Addressing Domestic Violence Through The Law: A Guide To - The Protection Of Women From Domestic Violence Act, 2005, Saumya Uma
Dr. Saumya Uma
The Moral Politics Of Social Control: Political Culture And Ordinary Crime In Cuba, Deborah M. Weissman, Marsha R. Weissman
The Moral Politics Of Social Control: Political Culture And Ordinary Crime In Cuba, Deborah M. Weissman, Marsha R. Weissman
Deborah M. Weissman
The Cuban revolution has been described as “the longest running social experiment” in history, and one not well-received in the United States. The U.S. government responded to the revolution first with suspicion, and then hostility. Even while the current administration has acknowledged the failure of U.S. policy, few substantive changes have been announced and the narrative of Cuba in the United States continues to dwell almost exclusively on political repression and economic failure. The Cuban revolution, however, is a complex process, one that defies facile explanations. This article subscribes to the perspective offered by social scientists who urge “a more …
Partner Notification And The Threat Of Domestic Violence Against Women With Hiv Infection, Karen H. Rothenberg, Richard L. North
Partner Notification And The Threat Of Domestic Violence Against Women With Hiv Infection, Karen H. Rothenberg, Richard L. North
Karen H. Rothenberg
No abstract provided.
Using "A Jury Of Her Peers" To Teach About The Connection Between Domestic Violence And Animal Abuse, Caroline Forell
Using "A Jury Of Her Peers" To Teach About The Connection Between Domestic Violence And Animal Abuse, Caroline Forell
Caroline A Forell
In this essay I examine Susan Glaspell’s short story, A Jury of Her Peers, in the context of teaching about the connection between domestic violence and animal abuse in an Animal Law course. I discuss how Glaspell’s story, in which the motive for a woman killing her husband is his killing of her pet bird, enables students to better understand the perspective of battered women who behave in certain ways because they have pets. I pose several questions concerning how the law would and should respond when a battered woman reacts with violence to the killing or serious injury of …
The Personal Is Political--And Economic: Rethinking Domestic Violence, Deborah M. Weissman
The Personal Is Political--And Economic: Rethinking Domestic Violence, Deborah M. Weissman
Deborah M. Weissman
This Article seeks to expand the scope of the domestic violence discourse within the context of the theory and practice of legal strategies. The intent is to shift the analytical parameters beyond the criminal justice system to include the political economy of everyday experiences of households. Such a paradigm shift examines the conditions of the private sphere as a function of the circumstances of public realms. It considers domestic violence by linking it to the structural transformations of the U.S. economy during recent years. It assesses domestic violence from the perspective of the daily life of men and women who …
Gender Equality, Social Values And Provocation Law In Australia, Canada And The United States, Caroline A. Forell
Gender Equality, Social Values And Provocation Law In Australia, Canada And The United States, Caroline A. Forell
Caroline A Forell
This article examines and compares the partial defense of provocation as it applies to domestic homicide in the United States, Canada and Australia.
Telling Stories, Saving Lives: The Battered Mothers' Testimony Project, Women's Narratives, And Court Reform, Leigh Goodmark
Telling Stories, Saving Lives: The Battered Mothers' Testimony Project, Women's Narratives, And Court Reform, Leigh Goodmark
Leigh S. Goodmark
In November 2002, the Wellesley Centers for Women’s Battered Mothers’ Testimony Project released Battered Mothers Speak Out, a report detailing human rights abuses committed against forty battered mothers and their children who had litigated cases in the Massachusetts family court system. Although the report initially generated a great deal of attention, the response from the courts was overwhelmingly negative, and the report prompted no change in the courts. Because the stories of these women resonated with my own experiences representing battered women, I wondered why the report had so little effect on system change. The official response of the courts …
Achieving Batterer Accountability In The Child Protection System, Leigh Goodmark
Achieving Batterer Accountability In The Child Protection System, Leigh Goodmark
Leigh S. Goodmark
No abstract provided.
Contradictions, Open Secrets, And Feminist Faith In Enlightenment.Pdf, Heather Hughes
Contradictions, Open Secrets, And Feminist Faith In Enlightenment.Pdf, Heather Hughes
Heather Hughes
Same-Sex Domestic Violence, Nancy J. Knauer
Same-Sex Domestic Violence, Nancy J. Knauer
Nancy J. Knauer
Same-sex domestic violence is a difficult topic. The LGBT communities have been reluctant to discuss same-sex domestic violence for fear of validating negative stereotypes and detracting from the push for legal recognition of such relationships. The relative silence on this issue continues despite the fact that individuals in same-sex relationships are more likely to be abused by their partners than beaten in an act of anti-gay violence. and despite legislative efforts to restrict domestic violence laws to cover only different-sex couples. The political downside of discussing same-sex domestic violence is obvious. Anti-gay organizations invoke same-sex domestic violence to bolster their …