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- Elonis v. United States; true threat doctrine; domestic violence; Coercive Domestic Violence Statute; transaction-bound statute; intimate partner violence; gender-based violence; subjective intent; social media threats; order of protection; Interstate Communications Statute; First Amendment; reasonable listener standard; reasonable speaker standard; protected speech; Alafair Burke; Deborah Tuerkheimer; power and control; Anthony Elonis (1)
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Articles 1 - 8 of 8
Full-Text Articles in Law
Order Of Protection Or Deportation? How Civil Orders Of Protection Entangle Noncitizens And Their Families In The Immigration And Criminal Legal Systems, Creating The Harm That They Were Intended To Prevent., Sarah E. Corsico
Brooklyn Law Review
A civil protection order can act as an important form of relief for an individual experiencing violence; however, it can also bring extreme complications and consequences for noncitizens. Unlike its intended purpose as a remedy separate from punitive state systems, civil protection orders can replicate the harm of the criminal legal system for noncitizens—barring someone from gaining immigration status, delaying applications, impacting international travel, and at its worst, resulting in deportation. Despite the high stakes nature of these proceeding, for the most part, there is no right to assigned counsel in civil protection order cases. As a result, many individuals …
A Lineage Of Family Separation, Anita Sinha
A Lineage Of Family Separation, Anita Sinha
Brooklyn Law Review
Family separation is a practice rooted in US history. In order to comprehensively examine the most recent execution of separating children from their parents under the Trump Administration’s “zero tolerance” policy, we need to follow and understand this history. That is what this Article does. Examining the separation histories of enslaved, Indigenous, and immigrant families, it offers critical context of a reoccurring practice that has had devastating effects largely on communities of color, and across generations. By contextualizing the separation of migrant families crossing the US-Mexico border under zero tolerance, this Article identifies narratives that consistently rely on xenophobia and …
Punishing Drug Use During Pregnancy: Is It Time To “Just Say No” To Fetal Rights?, Danika E. Gallup
Punishing Drug Use During Pregnancy: Is It Time To “Just Say No” To Fetal Rights?, Danika E. Gallup
Brooklyn Law Review
In family courts throughout the country, civil neglect and abuse petitions are routinely brought against individuals based on their drug use during pregnancy. While some may be quick to justify such state interventions in the name of child protection based on the presumption that drug use always harms fetuses in utero and the child once it is born, this note questions the propriety of such justifications. While drug use during pregnancy may result in detrimental health outcomes, the theoretical underpinning of this premise has been dramatically distorted due to racist and classist assumptions that permeate child protective schemes. Medical research …
Limited Scope Lottery: Playing The Odds On Your Ability To Withdraw, Lianne S. Pinchuk
Limited Scope Lottery: Playing The Odds On Your Ability To Withdraw, Lianne S. Pinchuk
Brooklyn Law Review
Limited scope representation, also called unbundled representation, has become widespread and widely used over the past three decades. While the American Bar Association has amended its model rules to expressly permit such representation, it failed to amend its model rules governing withdrawal. Some states have been more proactive than others in confronting potential withdrawal issues in limited scope representation. Those states that have attempted to remedy the withdrawal/termination issues have created specific rules governing limited scope engagements allowing for easier withdrawal by attorneys in such matters. Neither New York nor the American Bar Association have promulgated rules (or model rules) …
From Family, They Flee: Asylum For Victims Of Forced Marriage, Amanda R. Fell
From Family, They Flee: Asylum For Victims Of Forced Marriage, Amanda R. Fell
Brooklyn Law Review
In 2016, 15.4 million people across the globe, the majority being young women and girls in impoverished communities, were victims of forced marriage. Many of these young victims were forced into marriages because of their place within a particular family that used the marriage to derive a benefit, economic or otherwise, for the family as a whole. Under the Immigration and Nationality Act, to be granted asylum in the United States a person must prove (1) past persecution or fear of future persecution; (2) membership in one of five enumerated protect grounds; and (3) that the persecution is on account …
Domestic Violence Law, Abusers’ Intent, And Social Media: How Transaction-Bound Statutes Are The True Threats To Prosecuting Perpetrators Of Gender-Based Violence, Megan L. Bumb
Brooklyn Law Review
The rapid expansion of social media has brought with it a new platform for perpetrators of domestic violence to assert power and control over their victims. The statutes presently used to prosecute abusers fail to protect victims from social media threats and to punish abusers for making those threats. Using the Supreme Court’s 2015 decision in Elonis v. United States, this note proposes a straightforward solution to a multifaceted problem—how to better protect victims of domestic violence from social media threats while maintaining abusers’ First Amendment rights. The answer is not mere clarification of the true threat doctrine; it is …
Deported By Marriage: Americans Forced To Choose Between Love And Country, Beth Caldwell
Deported By Marriage: Americans Forced To Choose Between Love And Country, Beth Caldwell
Brooklyn Law Review
As the fiftieth anniversary of Loving v. Virginia approaches, de jure prohibitions against interracial marriages are history. However, marriages between people of different national origins continue to be undermined by the law. The Constitution does not protect the marital rights of citizens who marry noncitizens in the same way that it protects all other marriages. Courts have consistently held that a spouse’s deportation does not implicate the rights of American citizens, and the Constitution has long been held inapplicable in protecting the substantive due process rights of noncitizens facing deportation. Given the spike in deportations over the past decade, hundreds …
Trial And Heirs: Antemortem Probate For The Changing American Family, Katherine M. Arango
Trial And Heirs: Antemortem Probate For The Changing American Family, Katherine M. Arango
Brooklyn Law Review
The notion of the traditional American family has changed due to complex family structures formed through remarriages, cohabitation, and same-sex couples. Freedom of disposition is a guiding principle of inheritance law, whereby society recognizes the value in protecting one’s ability to acquire and transfer personal property at death. However, intestacy statutes are antiquated and have failed to keep pace with the rise of the modern American family, thus leaving the right to freedom of disposition uncertain and vulnerable for a large population. A will is a way of opting out of intestacy, but given that a will is frequently the …