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Articles 31 - 60 of 62
Full-Text Articles in Law
Family Mediation After Hendershott: The Case For Uniform Domestic Violence Screening And Opt-In Provision In Montana, Eduardo R.C. Capulong
Family Mediation After Hendershott: The Case For Uniform Domestic Violence Screening And Opt-In Provision In Montana, Eduardo R.C. Capulong
Montana Law Review
Hendershott is a welcome reaffirmation of Montana’s stand against domestic violence: domestic violence is a public matter requiring serious judicial attention. Without a systematic screening method, however, courts are ill-equipped to disqualify cases for mediation. Montana needs a method that not only diagnoses for domestic violence, but also distinguishes among different types as many, if not most, cases would benefit from mediation. An absolute bar is not the solution. What is required is a broad-based outreach and educational effort that would support what I suspect mediators across the state are already doing: tailoring mediation to address the needs of domestic …
Naming The Judicial Terrorist: An Exposé Of An Abuser's Successful Use Of A Judicial Proceeding For Continued Domestic Violence, Donna King
Tennessee Journal of Race, Gender, & Social Justice
No abstract provided.
Gender And The Law: Mexican Legislation On Domestic Violence, Marta Torres Falcon
Gender And The Law: Mexican Legislation On Domestic Violence, Marta Torres Falcon
American University Journal of Gender, Social Policy & the Law
No abstract provided.
'Til Death Do Us Part: Why Personal Jurisdiction Is Required To Issue Victim Protection Orders Against Nonresident Abusers, Bevan J. Graybill
'Til Death Do Us Part: Why Personal Jurisdiction Is Required To Issue Victim Protection Orders Against Nonresident Abusers, Bevan J. Graybill
Oklahoma Law Review
No abstract provided.
In Search Of Guidance: An Examination Of Past, Present, And Future Adjudications Of Domestic Violence Asylum Claims, Barbara R. Barreno
In Search Of Guidance: An Examination Of Past, Present, And Future Adjudications Of Domestic Violence Asylum Claims, Barbara R. Barreno
Vanderbilt Law Review
L-R- is a Mexican woman who applied for asylum in the United States in 2005. She is one of countless victims of gender-based violence, which in recent decades has become a matter of international concern and which policymakers around the world have taken steps to combat. The United States has been among the nations that have made eliminating gender-based violence a priority by passing such legislation as the Violence Against Women Act ("VAWA") and by creating two special forms of visas for victims of domestic violence. While great strides have been taken to protect immigrant women who are already in …
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 …
Specialization Has The Potential To Lead To Uneven Justice: Domestic Violence Cases In The Juvenile And Domestic Violence Courts, Allison Cleveland
Specialization Has The Potential To Lead To Uneven Justice: Domestic Violence Cases In The Juvenile And Domestic Violence Courts, Allison Cleveland
The Modern American
No abstract provided.
Shielding Ohio's Newborns: Defending A Broad Interpretation Of Child Within The Meaning Of O.R.C. Sec. 3113.31, John Hofstetter
Shielding Ohio's Newborns: Defending A Broad Interpretation Of Child Within The Meaning Of O.R.C. Sec. 3113.31, John Hofstetter
Cleveland State Law Review
This note argues that viable fetuses should be viewed as “children” within the meaning of O.R.C. § 3113.31, therefore qualifying them for the protections afforded by civil protection orders. It focuses on the urgent need for such an interpretation based on child safety concerns arising primarily after the birth of the child, rather than those existing while the child is still in utero.
Battered, Broken, Bruised, Or Abandoned: Domestic Strife Presents Foreign Nationals Access To Immigration Relief, Misty Wilson Borkowski
Battered, Broken, Bruised, Or Abandoned: Domestic Strife Presents Foreign Nationals Access To Immigration Relief, Misty Wilson Borkowski
University of Arkansas at Little Rock Law Review
No abstract provided.
Update On Asylum Law: New Hope For Victims Of Domestic Violence , Sandra A. Grossman, María Mañón
Update On Asylum Law: New Hope For Victims Of Domestic Violence , Sandra A. Grossman, María Mañón
The Modern American
No abstract provided.
Opuz V. Turkey: Europe's Landmark Judgment On Violence Against Women, Tarik Abdel-Monem
Opuz V. Turkey: Europe's Landmark Judgment On Violence Against Women, Tarik Abdel-Monem
Human Rights Brief
No abstract provided.
Jewish Women Under Siege: The Fight For Survival On The Front Lines Of Love And The Law, Adam H. Koblenz
Jewish Women Under Siege: The Fight For Survival On The Front Lines Of Love And The Law, Adam H. Koblenz
University of Maryland Law Journal of Race, Religion, Gender and Class
No abstract provided.
The Overlooked Costs Of Religious Deference, Robin Fretwell Wilson
The Overlooked Costs Of Religious Deference, Robin Fretwell Wilson
Washington and Lee Law Review
Citing the Qur'an, a German divorce court judge this year denied a fast track divorce to a Muslim woman who had been the victim of domestic violence and death threats from her husband. The judge rejected her application because the husband's exercise of his "right to castigate does not fulfill the hardship criteria" for an expedited divorce. The decision, which sparked a firestorm of controversy, comes at an important time in the movement to embrace pluralistic understandings of family relationships. Scholars and policymakers around the world are advancing various schemes for sharing state control over domestic disputes with religious groups-ranging …
Increasing Safety For Battered Women And Their Children: Creating A Privilege For Supervised Visitation Intake Records, Nat Stern, Karen Oehme
Increasing Safety For Battered Women And Their Children: Creating A Privilege For Supervised Visitation Intake Records, Nat Stern, Karen Oehme
University of Richmond Law Review
No abstract provided.
Introducing The Construct Of The Jury Into Family Violence Proceedings And Family Court Jurisprudence, Melissa L. Breger
Introducing The Construct Of The Jury Into Family Violence Proceedings And Family Court Jurisprudence, Melissa L. Breger
Michigan Journal of Gender & Law
This Article draws upon both the theory of and research on procedural justice holding that litigants often focus on the appearance of fairness rather than on the actual outcome. Thus, when litigants are able to choose the modality of fact-finding, they may be more accepting of the legal process, even if the outcome is not favorable to them. Allowing the option of a jury, even if not exercised, may dramatically improve the perceptions of litigants and may affect the legitimacy and longevity of case outcomes.
Access Denied: The Problem Of Abused Men In Washington, Melody M. Crick
Access Denied: The Problem Of Abused Men In Washington, Melody M. Crick
Seattle University Law Review
This Comment explains how the Washington legislature and court system have failed to provide abused men with much needed protection, despite a law that is facially gender neutral. Following this Introduction, Part II explores the wording of Washington's domestic violence statutes and analyzes the current implementing regulations. Part III demonstrates that the problem of abused men is legitimate by examining increasing social awareness and the results of current studies. By examining the prevailing national viewpoint embodied in the Violence Against Women Act, Part IV discusses how such a viewpoint adversely affects the availability of resources for abused men. Part V …
Divorce Child Custody Mediation: In Order To Form A More Perfect Disunion , Ben Barlow
Divorce Child Custody Mediation: In Order To Form A More Perfect Disunion , Ben Barlow
Cleveland State Law Review
The adversarial process serves its purpose in our society; however, that does not mean that there are not better ways to handle specific cases. To that end, nonadversarial systems offer tremendous potential in civil litigation, in governmental relations, in neighborhood and family conflicts, and, especially, in divorce child custody cases. If mediation statutes are contemplated for the sole purpose of judicial economy, discretionary statutes are sufficient. For the true value of mediation to be experienced, however, a mandatory scheme containing safeguards for cases involving domestic violence should be implemented.Understandably, many mediators are leery of the effect that mandatory schemes have …
Therapeutic Domestic Violence Courts: An Efficient Approach To Adjudication?, Hon. Catherine Shaffer
Therapeutic Domestic Violence Courts: An Efficient Approach To Adjudication?, Hon. Catherine Shaffer
Seattle University Law Review
Part II of this Article will explore the history of state intervention to confront domestic violence, along with some of the attitudes that contribute to the lack of adequate enforcement of recent legislative reforms. Part III of this Article will discuss the costs of domestic violence and the impact of superficial court treatment in reducing those costs. Part IV will outline the historical development, philosophy, and potential development of therapeutic courts, and in particular will examine the proven effectiveness of the drug court model and the potential benefits that are unique to domestic violence courts. Part V suggests further creation …
Domestic Violence At The Top Of New England: Law Enforcement Incident Reports From Aroostook County, Maine, Carolyn Ball, Kenneth Nichols
Domestic Violence At The Top Of New England: Law Enforcement Incident Reports From Aroostook County, Maine, Carolyn Ball, Kenneth Nichols
New England Journal of Public Policy
Although domestic violence is an issue regularly discussed in magazines, newspapers, and elsewhere, many law enforcement agencies including many in New England do not have the capacity to track these incidents and the relationship between the victim and the offender. Through an analysis of law enforcement data from Maine’s Aroostook County, in 1997 and 1998, this article analyzes the problem of domestic violence in rural, northern Maine from a law enforcement perspective. Among the findings are the following: the reported severity of physical injury is low, the victim’s contact with the police is unlikely to be the first incident of …
The Sexual Regulation Dimension Of Contemporary Welfare Law: A Fifty State Overview, Anna Marie Smith
The Sexual Regulation Dimension Of Contemporary Welfare Law: A Fifty State Overview, Anna Marie Smith
Michigan Journal of Gender & Law
In this article, Smith will attempt to demonstrate that welfare policy has become a prominent site of sexual regulation; that the rights of poor single mothers are at stake in this respect; and that given the precise structure of contemporary American welfare reform, we must pay especially close attention to the laws and regulations adopted at the state level. First, Smith will place contemporary sexual regulation-oriented welfare law in an historical context by considering its precedents in English and American public policy traditions (Part I). Using original qualitative analyses of the states' statutory codes and administrative regulations, Smith will then …
Stopping New Yorkers' Stalkers: An Anti-Stalking Law For The Millennium, Demetra M. Pappas
Stopping New Yorkers' Stalkers: An Anti-Stalking Law For The Millennium, Demetra M. Pappas
Fordham Urban Law Journal
This essay concerns itself with some of the legislative responses to stalking in New York and examines some of the specific anti-stalking provisions of the Clinic Access and Anti-Stalking Act of 1999, recently signed by New York Governor George Pataki. The author interviews Senator Michael A.L. Balboni, Assemblyman Scott Stringer, and the Assemblyman's former Legislative Director Rob Hack, who were all heavily involved in getting the legislation passed, offering a unique perspective.
Understanding The Victim: A Guide To Aid In The Prosecution Of Domestic Violence, Jennice Vilhauer
Understanding The Victim: A Guide To Aid In The Prosecution Of Domestic Violence, Jennice Vilhauer
Fordham Urban Law Journal
As one of the most prevalent crimes in the country, domestic violence is one of the most frequently handled cases for prosecutors across the nation. Despite their commonality, however, domestic violence cases can raise the anxiety level of even the most experience prosecutors. There are several causes of such anxiety. First, domestic violence cases are often plagued by evidentiary problems that occur when a victim does not desire prosecution. Second, even in states where mandatory prosecution laws have been enacted, it can still be difficult to successfully prosecute a case when a victim is hostile, uncooperative and acting in direct …
Gender Difference In Perceiving Violence And Its Implication For The Vawa's Civil Rights Remedy, Renee L. Jarusinsky
Gender Difference In Perceiving Violence And Its Implication For The Vawa's Civil Rights Remedy, Renee L. Jarusinsky
Fordham Urban Law Journal
The enactment of the Violence Against Women Act (VAWA) of 1994 was viewed as "a potential vehicle of empowerment" for women, and was a long-awaited morve toward gender equality in the United States. By enacting the VAWA, Congress emphatically expressed a strong commitment to curb and attack the pervasiveness of sex-based violence. In practice, however, the civil rights remdy has fallen short. In the few VAWA cases brought under the civil rights remedy, the "crime of violence" requirement has been interpreted in such a narrow way that it strips the remedy of any effect. While there is confusion as to …
Charging Battered Mothers With "Failure To Protect": Still Blaming The Victim
Charging Battered Mothers With "Failure To Protect": Still Blaming The Victim
Fordham Urban Law Journal
Domestic violence harms children and families. In the past several years, efforts to recognize this harm have led to the passage of new state laws that allow for concurrent criminal and family court jurisdiction in domestic violence cases, mandate arrest in domestic violence situations and require courts to consider domestic violence as a factor in custody decisions. Unfortunately, the heightened awareness of the harm domestic violence causes children has also resulted in a punitive policy towards battered women in the child welfare system. Increasingly in New York City, abuse and neglect proceedings are brought against battered mothers. Their children are …
The Role Of The Law Guardian In A Custody Case Involving Domestic Violence, Nancy S. Erickson
The Role Of The Law Guardian In A Custody Case Involving Domestic Violence, Nancy S. Erickson
Fordham Urban Law Journal
A law guardian for a child has an extremely difficult job, one that arguably requires a higher degree of diligence than that of an attorney representing a competent adult. Yet, under New York law, the role of the law guardian for a child involved in a custody is not clearly defined. When domestic violence is involved, the law guardian's role becomes crucial. The role of the law guardian for a child in a custody case involving domestic violence has been expanded as a result of the enactment of chapter 85 of the 1996 Laws of New York. This article outlines …
Weighing The Domestic Violence Factor In Custody Cases: Tipping The Scales In Favor Of Protecting Victims And Their Children, Kim Susser
Fordham Urban Law Journal
Many new laws and policies are emerging in the area of domestic violence. In 1994, the Legislature passed the Family Protection and Domestic Violence Intervention Act- a complete overhaul of laws dealing with domestic violence in both the civil and criminal arean. The Legislature declared that domestic violence is now a crime. It is unfortunate that batterers are not always consider criminals when they seek custody of their children. If convicted of a stranger crime, courts are known to accord weight to the batterer's criminal history. When the victim is the child's mother, it seems to be another story. All …
Domestic Violence As A Factor In Custody Determinations In New York State, Hon. Judith J. Gische
Domestic Violence As A Factor In Custody Determinations In New York State, Hon. Judith J. Gische
Fordham Urban Law Journal
In 1996, the New York State Legislature mandated that rial courts consider the effect of domestic violence in child custody and visitation disputes. In 1998, the legislature amended the law to provide that, under most circumstances, a person convicted of murdering a child's parent shall be denied custody and visitation. The amendment was in response to a growing national trend to give greater attention to the serious effect domestic violence has on children. While the law now conveys the seriousness with which the legislature view domestic violence, many problems inherent in resolving custody and visitation disputes involving domestic violence still …
Women, Children And Domestic Violence: Current Tensions And Emerging Issues
Women, Children And Domestic Violence: Current Tensions And Emerging Issues
Fordham Urban Law Journal
A symposium in which the conference speakers give a clear and disturbing picture of how we ascribe a kind of omnipotence to mothers vis-a-vis their children. If children are hurt, it is assumed that those at fault must be the mothers, and they are likely to be blamed even when it is the father who strikes the blows, lands the punchers or terrifies the child. Somehow, we imagine they should have been able to snatch the children out of harms way. The answer to this problem ultimately lies in making sure the ways victims of domestic violence think about their …
Domestic Violence, Substance Abuse, And Child Welfare: The Legal System's Response, Jane C. Murphy, Margaret J. Potthast
Domestic Violence, Substance Abuse, And Child Welfare: The Legal System's Response, Jane C. Murphy, Margaret J. Potthast
Journal of Health Care Law and Policy
No abstract provided.
Getting Ahead With Washington's Workfirst Program: Are Battered Women Left Behind?, Wendy Davis
Getting Ahead With Washington's Workfirst Program: Are Battered Women Left Behind?, Wendy Davis
Seattle University Law Review
This Comment will suggest that although the structure of Washington's WorkFirst Act could help victims become self-sufficient, the current implementation of the Act does not adequately address the particular needs of victims. As a result, a victim's chances of achieving financial independence from either the state or her abuser are minimal. Part II of this Comment will give a brief summary of the federal guidelines under which Washington's WorkFirst Act was developed. Part III will outline the requirements of the WorkFirst Act, and in particular, the Act's provisions that address or affect domestic violence victims. Included in this section will …