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University of Michigan Law School

Michigan Journal of Gender & Law

Crimes

Religion Law

Publication Year

Articles 1 - 2 of 2

Full-Text Articles in Law

Domestic Violence And The Jewish Community, Stacey A. Guthartz Jan 2004

Domestic Violence And The Jewish Community, Stacey A. Guthartz

Michigan Journal of Gender & Law

In Part I of this Article, Guthartz defines the problem of domestic violence as it relates to the Jewish community. Specifically, Jewish texts and history and community understanding and exposure, that contribute to Jewish domestic abuse are examined. In Part II, the author explores Jewish solutions to domestic violence by focusing on religious remedies, community pressure, and the use of civil law. In this Article, it is submitted that it is only through an understanding of the uniqueness of "Jewish" domestic violence by domestic violence and law enforcement organizations, coupled with an understanding about domestic violence within American society by …


Faith In Justice: Fiduciaries, Malpractice & Sexual Abuse By Clergy, Zanita E. Fenton Jan 2001

Faith In Justice: Fiduciaries, Malpractice & Sexual Abuse By Clergy, Zanita E. Fenton

Michigan Journal of Gender & Law

This article argues that perpetrators of sexual misconduct should not be granted refuge from the potential consequences of their actions by mere affiliation with a religious institution. Part I of this article examines the theories of malpractice and breach of fiduciary duty, and determines the appropriate cause of action for sexual misconduct and ascertains their capacities to withstand First Amendment scrutiny. Determining the cause of action is essential to the evaluation of the potential constitutional challenges. Part II demonstrates that sexual misconduct by clergy is well outside First Amendment constraints. It examines both the Free Exercise and Establishment Clauses, and …