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Full-Text Articles in Law

Changing Federal Statutory Proposals To Address Domestic Violence At Work: Creating A Societal Response By Making Businesses A Part Of The Solution, Marcy L. Karin Jan 2009

Changing Federal Statutory Proposals To Address Domestic Violence At Work: Creating A Societal Response By Making Businesses A Part Of The Solution, Marcy L. Karin

Journal Articles

Over five million acts of domestic violence are committed every year.1 The prevalence of these acts makes domestic violence “the leading cause of injury to women.”2 Detrimental wherever they occur, these acts are not limited to the privacy of one’s home. Instead, domestic violence regularly and repeatedly spills over to the “public” workplace.For example, Francescia La Rose’s former boyfriend called her supervisor and threatened to come to the office to kill La Rose if she was not fired. Her employer responded by warning La Rose to keep her personal problems out of the workplace. The next day, the ex-boyfriend walked …


Raising The Cut-Off: The Empirical Case For Extending Adoption And Guardianship Subsidies From Age 18 To 21, Josh Gupta-Kagan Jan 2009

Raising The Cut-Off: The Empirical Case For Extending Adoption And Guardianship Subsidies From Age 18 To 21, Josh Gupta-Kagan

Faculty Publications

No abstract provided.


Judicial Nullification Of Juries: Use Of Acquitted Conduct At Sentencing, Eang L. Ngov Jan 2009

Judicial Nullification Of Juries: Use Of Acquitted Conduct At Sentencing, Eang L. Ngov

Faculty Scholarship

At trial, defendants are afforded a panoply of rights right to counsel, to proof beyond a reasonable doubt, to confront witnesses, and to exclude inadmissible evidence. However, these rights, except for the right to counsel, disappear at sentencing. In deciding a defendant’s sentence, a court may consider conduct that has not been proven beyond a reasonable doubt and even conduct of which the jury has acquitted the defendant. Consideration of acquitted conduct has resulted in dramatic increases in the length of defendants’ sentences sometimes resulting in life imprisonment based merely on a judge’s finding that a defendant more likely than …


A Historical Perspective On Parental Alienation Syndrome And Parental Alienation, Joan S. Meier Jan 2009

A Historical Perspective On Parental Alienation Syndrome And Parental Alienation, Joan S. Meier

GW Law Faculty Publications & Other Works

Claims of parental alienation syndrome (PAS) and parental alienation have come to dominate custody litigation, especially where abuse is alleged. While much psychological and legal literature has critiqued PAS, and leading researchers as well as most professional institutions have renounced the syndrome concept, alienation as a parental behavior or child’s condition continues to be extensively investigated and credited in research and forensic contexts. This article reviews the history of PAS, both as posited by its inventor, Richard Gardner, and as used and applied in courts, suggesting that it not only lacks empirical basis or objective merit, but that it derives …


Laws And Policy To Address The Link Of Family Violence, Joan Schaffner Jan 2009

Laws And Policy To Address The Link Of Family Violence, Joan Schaffner

GW Law Faculty Publications & Other Works

This chapter argues that there is a link between animal cruelty and physical abuse of humans and advocates for focusing on the link between the two behavioral patterns. I suggest that the law may capitalize upon this link to better address the violence by incorporating compassion into educational programs, enacting laws that properly indicate the seriousness of animal abuse, with stiff penalties, require cross-reporting of abuses among agencies, providing safe havens for all victims of family abuse, and more aggressively prosecuting and punishing abusers.