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Articles 1 - 7 of 7
Full-Text Articles in Law
The New Normativity: The Abuse Excuse And The Resurgence Of Judgment In The Criminal Law, Victoria Nourse
The New Normativity: The Abuse Excuse And The Resurgence Of Judgment In The Criminal Law, Victoria Nourse
Georgetown Law Faculty Publications and Other Works
This article reviews Moral Judgment: Does the Abuse Excuse Threaten Our Legal System? by James Q. Wilson (1997).
There is growing interest within the academy in reviving the "normative" in criminal law scholarship. Enter a recent book, Moral Judgment, by the distinguished criminologist James Q. Wilson. Professor Wilson's work prompts the question: What is meant by the term ''judgment"? Considering three different models--judgment as community, judgment as character, and judgment as critique--this review argues that Professor Wilson's idea of judgment both departs from the "new normativity" in existing scholarship and shows how easily ''judgment" may stand in for partial …
Assembly Bill To Speed Divorce After Abuse Will Save Many Lives, Bring Needed Reform, Jane C. Murphy
Assembly Bill To Speed Divorce After Abuse Will Save Many Lives, Bring Needed Reform, Jane C. Murphy
All Faculty Scholarship
No abstract provided.
Legal Images Of Motherhood: Conflicting Definitions From Welfare "Reform," Family And Criminal Law, Jane C. Murphy
Legal Images Of Motherhood: Conflicting Definitions From Welfare "Reform," Family And Criminal Law, Jane C. Murphy
All Faculty Scholarship
Part I of this Article explores the traditional idealized view of motherhood that child placement statutes and court decisions reflect. These laws include statutes and case law in custody disputes between parents and in child protection proceedings under civil and criminal laws where the dispute is between the parent and the state. Part II contrasts the legal construct of motherhood that child placement laws embody with the legal image of mothers in child support and welfare law.
Part III examines the impact of these conflicting images of motherhood on a particular group of mothers -- battered women. Battered women illuminate …
Kentucky Domestic Violence And Abuse Act: Civil Remedies For Victims, Carol E. Jordan, Karen Quinn
Kentucky Domestic Violence And Abuse Act: Civil Remedies For Victims, Carol E. Jordan, Karen Quinn
Office for Policy Studies on Violence Against Women Publications
Advocates for victims of domestic violence have long argued that this specifi form of violence is no less an offense than an assault by a stranger. In fact, because domestic violence invovles closely related victims and offenders, it poses additional and very serious risks to victims. Such risks led advocates to promote the creation of civil remedies for victims of domestic violence. The Domestic violence and abuse Act and its civil protections were created by the 1984 General Assembly, not to replace criminal sanctions, but to afford victims additional civil protections which the criminal justice system does not provide.
Buying Time For Survivors Of Domestic Violence: A Proposal For Implementing An Exception To Welfare Time Limits, Jennifer Mason Mcaward
Buying Time For Survivors Of Domestic Violence: A Proposal For Implementing An Exception To Welfare Time Limits, Jennifer Mason Mcaward
Journal Articles
With the passage of the Personal Responsibility and Work Opportunity Reconciliation Act of 1996 (Personal Responsibility Act), states have unprecedented discretion in fashioning their social welfare programs.
This Note examines the Personal Responsibility Act, focusing specifically on the statutory language and history of the sixty-month time limit on receipt of benefits and the two optional exceptions states may enact. This examination reveals that the Act contemplates that states have both the power and the support of Congress and the Department of Health and Human Services to implement exceptions for the benefit of survivors of domestic violence.
Given that states may …
Prosecutorial Use Of Expert Testimony In Domestic Violence Cases: From Recantation To Refusal To Testify, Audrey Rogers
Prosecutorial Use Of Expert Testimony In Domestic Violence Cases: From Recantation To Refusal To Testify, Audrey Rogers
Elisabeth Haub School of Law Faculty Publications
This article discusses the use of expert testimony in prosecuting those charged with domestic abuse. Part I provides a background on the need and nature of expert testimony in domestic violence cases and the requirements for the admission of such expert testimony. It traces the development of the role of expert testimony in domestic violence cases from its initial exclusive use as a defense tool to support self-defense claims to its present use by prosecutors to explain a complainant's recantation or other puzzling behavior. Part II discusses the appellate cases that have addressed the admissibility and scope of expert testimony …
Domestic Violence In Black And White: Racialized Gender Stereotypes In Gender Violence, Zanita E. Fenton
Domestic Violence In Black And White: Racialized Gender Stereotypes In Gender Violence, Zanita E. Fenton
Articles
No abstract provided.