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The Failure And Promise Of Equity In Domestic Abuse Cases, Jeffrey Baker
The Failure And Promise Of Equity In Domestic Abuse Cases, Jeffrey Baker
Jeffrey R Baker
In a generation, American law has experienced dramatic reforms in response to domestic abuse, including innovative criminal law enforcement schemes, liberalized divorce standards and civil protection orders. Feminist activism prompted and drove these reforms and related cultural understanding of domestic abuse, and they have yielded more effective legal options for victims of domestic violence. Virtually all of these reforms built upon existing structures to afford specific process and remedies to victims of domestic abuse, but why were innovations necessary if existing legal structures could have intervened on their own extant authority? Customary, common law equity might have intervened effectively to …
Trifling Violence: The U.S. Supreme Court, Domestic Violence And The Golden Rule, Jeffrey R. Baker
Trifling Violence: The U.S. Supreme Court, Domestic Violence And The Golden Rule, Jeffrey R. Baker
Jeffrey R Baker
Domestic violence is ubiquitous across eras, cultures, religions and political systems. Feminist responses to domestic violence seek to free women from gender subjugation, but such movement inevitably challenges moral and natural claims about marriage and family in traditional society. These traditions often claim religious and moral authority, while reformers often have overreacted by abandoning established moral thought in favor of relativistic, individual moral discernment. This tension is manifest in the struggle at common law to adjust moral language to the gradual, radical evolution of gender status and marriage. The plight of women and girls in the developing world is the …
Trifling Violence: The U.S. Supreme Court, Domestic Violence And The Golden Rule, Jeffrey R. Baker
Trifling Violence: The U.S. Supreme Court, Domestic Violence And The Golden Rule, Jeffrey R. Baker
Jeffrey R Baker
Domestic violence is ubiquitous across eras, cultures, religions and political systems. Despite forty years of feminist reform in the developed West, the status of women and girls remains the foremost global human rights issue of this century. Feminist responses to domestic violence seek to free women from gender subjugation, but such movement inevitably challenges moral and natural claims about marriage and family in traditional society. These traditions claim religious and moral authority but neglect greater antecedent principles, while reformers often have overreacted by abandoning established moral thought in favor of relativistic, individual discernment. Contemporary feminist movements should appeal to the …
Necessary Third Parties: Multidisciplinary Collaboration And Inadequate Professional Privileges In Domestic Violence Practice, Jeffrey R. Baker
Necessary Third Parties: Multidisciplinary Collaboration And Inadequate Professional Privileges In Domestic Violence Practice, Jeffrey R. Baker
Jeffrey R Baker
The rise of multidisciplinary practices among public-interest lawyers and other professionals promotes more effective and thorough services for vulnerable clients. In various forms, these professionals are creating formal or ad hoc partnerships as they minster to whole clients, not just to a client’s peculiar, momentary problem. For a victim of domestic violence, these collaborations can yield better outcomes and fruitful service, but they may also be critical to her very survival. As the common client works to escape a violent, oppressive relationship, her diverse professional servants must address the acute conflation of legal, medical, psychological, emotional and financial crises that …
Enjoining Coercion: Squaring Civil Protection Orders With The Reality Of Domestic Abuse, Jeffrey R. Baker
Enjoining Coercion: Squaring Civil Protection Orders With The Reality Of Domestic Abuse, Jeffrey R. Baker
Jeffrey R Baker
Every state provides civil protection for victims of domestic abuse, but these regimes typically fixate on physical violence. Domestic abuse, however, does not spring from violent tendencies. Rather, abuse arises from a perpetrator’s desire to exert power and control over his victim. Abusers often deploy emotional, economic, political and social tactics to coerce responses from vulnerable partners long before they resort to violence. Violence is the extreme tool to maintain control when a victim challenges the abuser’s power over her life. Civil protection systems should confront domestic abuse more comprehensively by providing relief from oppressive coercion. By empowering victims earlier …