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Full-Text Articles in Law
Putting Forfeiture To Work, Sarah M. Buel
Putting Forfeiture To Work, Sarah M. Buel
SARAH M BUEL
Intimate partner violence (“IPV”) victims are increasingly turning to the courts for help, too often with poor results. Successful witness tampering by offenders sabotages the court system by silencing victims through an array of unlawful conduct, including coercion and violence. The doctrine of forfeiture by wrongdoing should afford a viable solution, but several obstacles constrain its efficacy. Much confusion exists regarding witness tampering and forfeiture law as a result of the recent trilogy of the Crawford, Davis, and Giles Supreme Court decisions. Their cumulative effect is decreased doctrinal uniformity within a perplexing scheme that is difficult to implement. The resulting …
Do Ask And Do Tell: Rethinking The Lawyer’S Duty To Warn In Domestic Violence Cases, Sarah M. Buel
Do Ask And Do Tell: Rethinking The Lawyer’S Duty To Warn In Domestic Violence Cases, Sarah M. Buel
SARAH M BUEL
Empirical data document that while domestic violence victims face high risk of recurring abuse, batterers' lawyers may be privy to information that could avert further harm. Attorneys owe a duty of confidentiality to their clients that can be breached only in extraordinary circumstances, such as when counsel learns her client plans to commit a crime. To resolve the tension between client confidentiality and victim safety, this Article argues that, in the context of domestic violence cases, lawyers have an affirmative duty to (1) screen battering clients who have indicated a likelihood of harming others, (2) attempt to dissuade them from …
• The Pedagogy Of Domestic Violence Law: Situating Domestic Violence Work In Law Schools, Adding The Lenses Of Race And Class, Sarah M. Buel
• The Pedagogy Of Domestic Violence Law: Situating Domestic Violence Work In Law Schools, Adding The Lenses Of Race And Class, Sarah M. Buel
SARAH M BUEL
No abstract provided.
Effective Assistance Of Counsel For Battered Women Defendants, Sarah M. Buel
Effective Assistance Of Counsel For Battered Women Defendants, Sarah M. Buel
SARAH M BUEL
That so many battered women defendants receive ineffective legal assistance ought to compel introspection and remedial action within the legal profession. A review of cases in which courts found the conduct of counsel unacceptable reveals an astonishing degree of incompetence, with catastrophic consequences for battered defendants. The problem is characterized by attorneys' failure to present defense theories linked to the abuse endured by battered women defendants and is further compounded by judges who refuse to apply the law. A battered woman defendant's case outcome is not so much predicated on the specific facts of her situation as on whom she …
Domestic Violence And The Law: An Impassioned Exploration For Family Peace, Sarah M. Buel
Domestic Violence And The Law: An Impassioned Exploration For Family Peace, Sarah M. Buel
SARAH M BUEL
In thinking about the family law practitioner's response to domestic violence issues over the past few decades, it is heartening to note some progress while remaining deeply concerned that many lawyers have yet to embrace even the most basic tenets of victim safety and offender accountability. Domestic violence impacts most lawyers and judges; however, those in the field of family law are positioned to dramatically improve the lives of all parties, if they have learned how to intervene effectively. The continuing violence indicates that we must examine the larger issues: namely, the social, cultural and economic conditions that will facilitate …