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Full-Text Articles in Law
Domestically Violent Attorneys: Resuscitating And Transforming A Dusty, Old Punitive Approach To Attorney Discipline Into A Viable Prescription For Rehabilitation, Ignascio G. Camarena Ii
Domestically Violent Attorneys: Resuscitating And Transforming A Dusty, Old Punitive Approach To Attorney Discipline Into A Viable Prescription For Rehabilitation, Ignascio G. Camarena Ii
Golden Gate University Law Review
This Comment will discuss (1) the prevalence of domestic violence in America, (2) the governmental responses to domestic violence, and (3) preserving the integrity of the legal profession. This Comment will then focus on how disciplinary courts have treated domestically violent attorneys. Part III examines the murky judicial approach to disciplining domestically violent attorneys, and Part IV criticizes that approach. Finally, Part V sets forth a proposal to cure the ill effects of the current approach, by injecting a greater degree of uniformity, ease, predictability and certainty into the disciplinary process.
A Hearsay Exception For Physical Abuse, Karleen F. Murphy
A Hearsay Exception For Physical Abuse, Karleen F. Murphy
Golden Gate University Law Review
This Comment will trace the history of the hearsay rule under both common law and California law. It examines the early use of the common law state of mind hearsay exception regarding statements of fear and physical abuse. It will also discuss the enactment of the California Evidence Code (hereinafter "Code") and the later codification of the state of mind hearsay exception. In addition, it will examine People v. Ruiz, a case which applied the Code's state of mind hearsay exception to prohibit statements regarding the victims' fear of the defendant and the physical abuse which the defendant inflicted on …
Making The Crucial Connection: A Proposed Threat Hearsay Exception, Donna Meredith Matthews
Making The Crucial Connection: A Proposed Threat Hearsay Exception, Donna Meredith Matthews
Golden Gate University Law Review
This article discusses how courts admit and exclude threat hearsay in the domestic homicide context and suggests an approach for admission of such evidence. After analyzing the current evidentiary status of the victim's statements regarding threats in homicide cases in which an apparently abusive spouse/partner is accused, I argue for adoption of a new hearsay exception that permits systematic admission of victims' statements concerning threats and violence by the accused. The victim can no longer speak for herself because she has been killed, often because the law is apparently helpless to intervene on her behalf, even when asked. Consequently, the …
In Harm's Way? Family Mediation And The Role Of The Attorney Advocate, Mary Pat Treuthart
In Harm's Way? Family Mediation And The Role Of The Attorney Advocate, Mary Pat Treuthart
Golden Gate University Law Review
The first part of this article presents some background information about mediation and the current mediation trend, emphasizes that the use of mediation is dangerous and inappropriate when one disputant has been abused by the other, and identifies potential problems for women which may be created by family mediation. The second part of this article focuses on the role and responsibilities of the attorney advocate when the client chooses, or is compelled, to mediate, with particular attention to the special concerns involved in representing battered women. In the scholarly literature, much time and energy has been devoted to issues addressed …
Welcoming Women: Recent Changes In U.S. Asylum Law, Jillian Blake
Welcoming Women: Recent Changes In U.S. Asylum Law, Jillian Blake
Michigan Law Review First Impressions
The Statue of Liberty, which has been called the "Mother of Exiles," stands as a reminder of one of the foundational ideals of U.S. immigration policy-providing refuge to the vulnerable. Women worldwide have new reason to believe in this promise, because victims of domestic violence may now have a better chance of being granted asylum in a U.S. immigration court.
Rethinking Consent In A Big Love Way, Cheryl Hanna
Rethinking Consent In A Big Love Way, Cheryl Hanna
Michigan Journal of Gender & Law
This Article is based on a presentation at the Michigan Journal of Gender and Law as part of their symposium "Rhetoric & Relevance: An Investigation into the Present & Future of Feminist Legal Theory." In it, I explore the problem of categorical exclusions to the consent doctrine in private intimate relationships through the lens of the HBO series Big Love, which is about modern polygamy. There remains the normative question both after Lawrence v. Texas and in feminist legal theory of under what circumstances individuals should be able to consent to activity that takes place within the context of a …
Specialization Has The Potential To Lead To Uneven Justice: Domestic Violence Cases In The Juvenile And Domestic Violence Courts, Allison Cleveland
Specialization Has The Potential To Lead To Uneven Justice: Domestic Violence Cases In The Juvenile And Domestic Violence Courts, Allison Cleveland
The Modern American
No abstract provided.
The Fourth Circuit's Rejection Of Legislation History: Placing Guns In The Hands Of Domestic Violence Perpetrators, Tanjima Islam
The Fourth Circuit's Rejection Of Legislation History: Placing Guns In The Hands Of Domestic Violence Perpetrators, Tanjima Islam
American University Journal of Gender, Social Policy & the Law
No abstract provided.
Opportunities And Challenges For Gender-Based Legal Reform In China, Rangita De Silva De Alwis
Opportunities And Challenges For Gender-Based Legal Reform In China, Rangita De Silva De Alwis
East Asia Law Review
No abstract provided.
The Future Of Problem-Solving Justice: An International Perspective, Greg Berman, Aubrey Fox
The Future Of Problem-Solving Justice: An International Perspective, Greg Berman, Aubrey Fox
University of Maryland Law Journal of Race, Religion, Gender and Class
No abstract provided.
Shielding Ohio's Newborns: Defending A Broad Interpretation Of Child Within The Meaning Of O.R.C. Sec. 3113.31, John Hofstetter
Shielding Ohio's Newborns: Defending A Broad Interpretation Of Child Within The Meaning Of O.R.C. Sec. 3113.31, John Hofstetter
Cleveland State Law Review
This note argues that viable fetuses should be viewed as “children” within the meaning of O.R.C. § 3113.31, therefore qualifying them for the protections afforded by civil protection orders. It focuses on the urgent need for such an interpretation based on child safety concerns arising primarily after the birth of the child, rather than those existing while the child is still in utero.