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Articles 31 - 34 of 34
Full-Text Articles in Law
Redefining The State's Response To Domestic Violence: Past Victories And Future Challenges, Deborah Epstein
Redefining The State's Response To Domestic Violence: Past Victories And Future Challenges, Deborah Epstein
Georgetown Law Faculty Publications and Other Works
What role should the state play in the fight against domestic violence? Although most activists in the early domestic abuse movement viewed government institutions with a robust dose of suspicion, over time they began to look to the state for substantial assistance. During this period-the late sixties and seventies-increased hope for a positive governmental role appeared to be well-founded. The civil rights, feminist, and labor movements had pushed the federal government into expanding civil liberty guarantees and economic protections. Laws were enacted prohibiting sex- and race-based discrimination, health care got a strong boost through the creation of Medicaid and Medicare, …
Effective Intervention In Domestic Violence Cases: Rethinking The Roles Of Prosecutors, Judges, And The Court System, Deborah Epstein
Effective Intervention In Domestic Violence Cases: Rethinking The Roles Of Prosecutors, Judges, And The Court System, Deborah Epstein
Georgetown Law Faculty Publications and Other Works
Despite over two decades of reform, fundamental failures persist in the justice system's response to domestic violence. Society now widely accepts elimination of intrafamily abuse as a crucial goal, and it has been illegal in most states since the late nineteenth century. But the problem remains one of epidemic proportions. As documented in Part I of this Article, battering by husbands, ex-husbands, or lovers is the single largest cause of injury to women in the United States, and accounts for approximately thirty percent of all murders of women. Physical aggression occurs in at least one out of four marriages, and …
Rawls’ Political Constructivism As A Judicial Heuristic: A Response To Professor Allen, Heidi Li Feldman
Rawls’ Political Constructivism As A Judicial Heuristic: A Response To Professor Allen, Heidi Li Feldman
Georgetown Law Faculty Publications and Other Works
In her Dunwody Lecture, Professor Anita Allen insightfully calls our attention to the social contract tropes that pepper American case law. She claims that these tropes function ideologically, disguising politics, biases, and raw power in judicial decision-making. To examine this claim, I distinguish two versions of social contract theory Professor Allen groups together. Metaphors drawn from classical social contract theory-epitomized by the work of John Locke and Jean-Jacques Rousseau may well function as Professor Allen suspects. Tools taken from twentieth century neo-Kantian social contract theory-inaugurated and developed by John Rawls-could have precisely the opposite effect. Rawlsian social contract theory might …
Beyond The Model Rules: The Place Of Examples In Legal Ethics, Heidi Li Feldman
Beyond The Model Rules: The Place Of Examples In Legal Ethics, Heidi Li Feldman
Georgetown Law Faculty Publications and Other Works
The Model Rules of Professional Conduct defined the agenda for the post- Watergate renaissance in legal ethics. While there had been some form of codified precepts for American lawyers since at least 1908, Watergate inspired a desire to clean up a disgraced profession. The American Bar Association (ABA) promulgated the Model Rules; law schools instituted mandatory courses; and scholars debated and analyzed the new Model Rules. The organized bar devoted much time and attention to developing these guidelines. The mainstream media covered both the bar's original efforts and the subsequent adoption of the Model Rules by particular jurisdictions. Today, forty-three …