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University of Missouri School of Law

Journal

Domestic violence

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Full-Text Articles in Law

Eighth Circuit Revisits Restoration Exception To Domestic Violence Gun Ban And Says Restore Means Restore, Natalie J. Nichols Jan 2006

Eighth Circuit Revisits Restoration Exception To Domestic Violence Gun Ban And Says Restore Means Restore, Natalie J. Nichols

Missouri Law Review

Under the Eighth Circuit's analysis and Missouri law, a person who did not go to jail following a domestic violence conviction may be forever barred from possessing a firearm, while a person who did serve jail time will be able to possess a firearm upon completion of the sentence.4 Several circuits have adopted the Eighth Circuit's reasoning. Others have attempted to avoid similarly odd results.5 For example, the First and Sixth Circuits have held that persons who have not lost their civil rights under state law may, nevertheless, be treated as having them restored in order to qualify for the …


Mediation And Domestic Violence: A Practical Screening Method For Mediators And Mediation Program Administrators, Alexandria Zylstra Jul 2001

Mediation And Domestic Violence: A Practical Screening Method For Mediators And Mediation Program Administrators, Alexandria Zylstra

Journal of Dispute Resolution

Presented with such a dearth of standard practices and literature, family mediators have little guidance in whether and how to address cases involving domestic violence. Thus, this article sets forth a mediation screening framework that mediators and mediation program administrators can use to evaluate whether cases are appropriate for regular mediation (joint session without special safety measures), some modified form of mediation, or should be excluded from mediation. Such a method will better ensure a safe and fair mediation experience. Part II briefly examines the controversy surrounding the mediation of cases involving domestic violence, concluding that the arguments against mediating …


We Can Settle This Here Or Downtown: Mediation Or Arrest For Domestic Violence Calls - Eagleston V. Guido, Dale T. Smith Jul 1995

We Can Settle This Here Or Downtown: Mediation Or Arrest For Domestic Violence Calls - Eagleston V. Guido, Dale T. Smith

Journal of Dispute Resolution

Mediation policies may serve as a way for victims of equal protection violations to be compensated if a state worker invokes the defense of qualified immunity to avoid liability.' However, if the state worker is a police officer and is "following orders" by acting under a custom or policy devised or enforced by a superior, a party might be able to claim an equal protection violation under 42 U.S.C. § 1983 and sue the officer's superior.' A police officer's use of qualified immunity came into question in Eagleston v. Guido.' In Eagleston, the use of mediation practices to deal with …


Report Of The Missouri Task Force On Gender And Justice Jun 1993

Report Of The Missouri Task Force On Gender And Justice

Missouri Law Review

The Missouri Task Force on Gender and Justice was created by Resolution of the Executive Council of the Missouri Judicial Conference. Its members were appointed by the Chief Justice of the Missouri Supreme Court in February 1990. The Resolution charged the Task Force with studying "the organization, rules, methods of procedure, and practice of the judicial system of the State of Missouri to determine whether gender bias exists." The Task Force was instructed to issue "a report containing [its] findings and recommendations and provide a plan for the education of the bench, bar, and public with respect to its findings …