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No-Drop Civil Protection Orders: Exploring The Bounds Of Judicial Intervention In The Lives Of Domestic Violence Victims, Tamara L. Kuennen
No-Drop Civil Protection Orders: Exploring The Bounds Of Judicial Intervention In The Lives Of Domestic Violence Victims, Tamara L. Kuennen
Sturm College of Law: Faculty Scholarship
Whatever approach a judge takes to a victim's motion to vacate, there will be a risk. Women who are victims of domestic violence will be threatened or hurt or even killed, and the danger of this happening may increase or decrease based in part on the judge's decision. In the face of such risk, this article argues that on balance, the cost of sacrificing victim autonomy in these cases is too great, and that courts should defer to the victim's decision to vacate, except in the limited circumstance in which doing so is detrimental to an identifiable third party - …
Analyzing The Impact Of Coercion On Domestic Violence Victims: How Much Is Too Much?, Tamara L. Kuennen
Analyzing The Impact Of Coercion On Domestic Violence Victims: How Much Is Too Much?, Tamara L. Kuennen
Sturm College of Law: Faculty Scholarship
Part I of the essay reviews the work of activists and scholars who make the case that coercion is central to domestic violence, but notes that these scholars' conceptions of coercion are diverse. Part II describes the justice system's current responses to the impact of coercion on a victim's decision to drop a criminal or civil case. Part III exposes a number of challenges inherent in measuring the impact of a batterer's influence on a domestic violence victim's decision. Part IV describes the conceptual limitations of current judicial guidelines, and argues for a more nuanced conceptualization of coercion that accounts …
From Tainted To Sainted: The Interracial Marriage As Cultural Evangelism, Rashmi Goel
From Tainted To Sainted: The Interracial Marriage As Cultural Evangelism, Rashmi Goel
Sturm College of Law: Faculty Scholarship
The article talks about interracial relationships viewed as cultural evangelism. The author mentions that viewing interracial marriage as the ultimate indicator of racial progress leaves the cognitive imprint that underlies all race relations. Professor Goel introduces the four archetypes of interracial relations that emanated from the four historical institutions such as the Civilized White and Colored Savage, the White Colonizer and Colored Subject, the White Master and Colored Slave, and the White Missionary and Colored Heathen. An analysis of the social and legal aspects of interracial marriages and interracial families is also presented.