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Full-Text Articles in Law

Marriage Mimicry: The Law Of Domestic Violence, Ruth Colker Apr 2006

Marriage Mimicry: The Law Of Domestic Violence, Ruth Colker

William & Mary Law Review

In this Article, Professor Colker argues that the legal system does not simply privilege those in marital relationships but has now begun to privilege those in "marriage-like" relationships through what she terms a marriage-mimicry model. She uses the law of domestic violence to critique this model. She traces the haphazard development of the law of domestic violence and argues that it has served to underprotect many of the victims of domestic violence because lawmakers have reflexively only provided legal recourse for those in marriage-like relationships without asking who is most in need of legal protection. She argues that the legal …


Conceptualizing Violence Against Pregnant Women, Deborah Tuerkheimer Apr 2006

Conceptualizing Violence Against Pregnant Women, Deborah Tuerkheimer

Indiana Law Journal

No abstract provided.


Domestic Violence In Ghana: The Open Secret, Nancy Chi Cantalupo, Sue Shin, Kay Park, Lisa Vollendorf Martin Jan 2006

Domestic Violence In Ghana: The Open Secret, Nancy Chi Cantalupo, Sue Shin, Kay Park, Lisa Vollendorf Martin

Law Faculty Research Publications

No abstract provided.


Do Ask And Do Tell: Rethinking The Lawyer's Duty To Warn In Domestic Violence Cases, Margaret B. Drew, Sarah Buel Jan 2006

Do Ask And Do Tell: Rethinking The Lawyer's Duty To Warn In Domestic Violence Cases, Margaret B. Drew, Sarah Buel

Margaret B Drew

Empirical data document that while domestic violence victims face high risk of recurring abuse, batterers’ lawyers may be privy to information that could avert further harm. Attorneys owe a duty of confidentiality to their clients that can be breached only in extraordinary circumstances, such as when counsel learns her client plans to commit a crime. To resolve the tension between client confidentiality and victim safety, this Article argues that, in the context of domestic violence cases, lawyers have an affirmative duty to (1) screen battering clients who have indicated a likelihood of harming others, (2) attempt to dissuade them from …


Domestic Violence: Societal Views And Survivors Of Domestic Violence, Asking The Right Questions, Dana Harrington Conner Dec 2005

Domestic Violence: Societal Views And Survivors Of Domestic Violence, Asking The Right Questions, Dana Harrington Conner

Dana Harrington Conner

No abstract provided.