Open Access. Powered by Scholars. Published by Universities.®

Law Commons

Open Access. Powered by Scholars. Published by Universities.®

Articles 1 - 18 of 18

Full-Text Articles in Law

Domestic Violence And The Maryland Family Violence Option, Karen Czapanskiy Oct 2008

Domestic Violence And The Maryland Family Violence Option, Karen Czapanskiy

Karen Czapanskiy

No abstract provided.


Domestic Violence, The Rucker Decision Interpretation Of 42 U.S.C. 1437d (1) (6), Sexual Harassment In Public Housing, And Municipal Violations Of The Eighth Amendment: Making Women Homeless And Keeping Them Homeless, Shirley D. Howell Sep 2008

Domestic Violence, The Rucker Decision Interpretation Of 42 U.S.C. 1437d (1) (6), Sexual Harassment In Public Housing, And Municipal Violations Of The Eighth Amendment: Making Women Homeless And Keeping Them Homeless, Shirley D. Howell

Shirley D. Howell

I spent this past summer researching explanations for the rapidly increasing phenomenon of female homelessness in America. While personal deficiencies such as alcoholism, mental illness and previous incarceration account for some female homelessness, I concluded that domestic violence, a flawed interpretation of 42 U.S.C. 1437d(1)(6), sexual harassment in public housing, and municipal violations of the Eighth Amendment are pervasive, but less frequently recognized, causes of female homelessness.

This article examines the great poverty that has befallen so many women in America and its causes. Section I discusses homelessness statistically. Section II examines domestic violence, flawed judicial interpretations, and sexual harassment …


Redefining Harm, Reimagining Remedies And Reclaiming Domestic Violence Law, Margaret Johnson Aug 2008

Redefining Harm, Reimagining Remedies And Reclaiming Domestic Violence Law, Margaret Johnson

Margaret E Johnson

Women subjected to domestic violence are disserved by the civil domestic violence laws that should effectively address and redress their harms. The Civil Protective Order [CPO] laws should remedy all domestic abuse and not solely physical violence or criminal acts. All forms of abuse, including psychological, emotional, economic and physical abuse, cause severe emotional distress, physical harm, isolation, sustained fear, intimidation, poverty, degradation, humiliation, and coerced loss of autonomy. Moreover, all abuse is interrelated, because, as researchers have demonstrated, most domestic violence is the fundamental operation of systemic oppression through the exertion of power and control. Given the effectiveness of …


Effective Implementation Of The Trafficking Of Persons And Involuntary Servitude Articles: Lessons From The Criminal Justice System Response To The Illinois Domestic Violence Act, Alison L. Stankus, Jennifer A. Kuhn May 2008

Effective Implementation Of The Trafficking Of Persons And Involuntary Servitude Articles: Lessons From The Criminal Justice System Response To The Illinois Domestic Violence Act, Alison L. Stankus, Jennifer A. Kuhn

Northern Illinois University Law Review

When the Illinois Domestic Violence Act was enacted in 1986, the General Assembly acknowledged that "the legal system has ineffectively dealt with family violence in the past . . . and has not adequately acknowledged the criminal nature of domestic violence; that, although many laws have changed, in practice there is still widespread failure to appropriately protect and assist victims." However, despite these stated purposes, the criminal justice system response to the Act in the last twenty years has been slow to correct this failure. In 2006, the Trafficking of Persons and Involuntary Servitude Articles were added to the Illinois …


Battered By Men, Bruised By Injustice: The Plight Of Women Who Fight Back And The Need For The Battered Women Defense In West Virginia, Jeffrey M. Shawver Apr 2008

Battered By Men, Bruised By Injustice: The Plight Of Women Who Fight Back And The Need For The Battered Women Defense In West Virginia, Jeffrey M. Shawver

West Virginia Law Review

No abstract provided.


Abuse Behind The Badge Intimate Partner Violence And Child Abuse In Police Families, Denicia M. Veroza Apr 2008

Abuse Behind The Badge Intimate Partner Violence And Child Abuse In Police Families, Denicia M. Veroza

Sociology & Criminal Justice Theses & Dissertations

This study analyzes the factors that may contribute to intimate partner violence and child abuse among police officers' families. Secondary data was obtained from the National Institute of Justice Data Resources Program, "Police Stress and Domestic Violence in Police Families in Baltimore, Maryland, 1997-1999u (Gershon 2000). Surveys were distributed to 1577 Baltimore Police officers. The sample size for this study was 886, which included only those officers who were married, had live-in partners, or were divorced/separated or widowed. From this sample, it was found that 7.9% of the Baltimore Police officers admitted to committing intimate partner violence and 8.4% admitted …


"It's Not Ok": New Zealand's Efforts To Eliminate Violence Against Women, Jeanmarie Fenrich, Jorge Contesse Jan 2008

"It's Not Ok": New Zealand's Efforts To Eliminate Violence Against Women, Jeanmarie Fenrich, Jorge Contesse

Crowley Mission Reports

Over the last decade, New Zealand has made significant efforts to address an acute social problem—violence against women. In New Zealand, it is estimated that one in three women has been a victim of domestic violence. In an effort to combat the problem, New Zealand has enacted legislation and regulations which aim to prevent and eliminate domestic violence. It has also created visible public education campaigns calling upon people to stop “family violence” as it is called in New Zealand.


Using "A Jury Of Her Peers" To Teach About The Connection Between Domestic Violence And Animal Abuse, Caroline Forell Jan 2008

Using "A Jury Of Her Peers" To Teach About The Connection Between Domestic Violence And Animal Abuse, Caroline Forell

Caroline A Forell

In this essay I examine Susan Glaspell’s short story, A Jury of Her Peers, in the context of teaching about the connection between domestic violence and animal abuse in an Animal Law course. I discuss how Glaspell’s story, in which the motive for a woman killing her husband is his killing of her pet bird, enables students to better understand the perspective of battered women who behave in certain ways because they have pets. I pose several questions concerning how the law would and should respond when a battered woman reacts with violence to the killing or serious injury of …


The Disruption Of Marital Eharmony: Distinguishing Mail-Order Brides From Online Dating In Evaluating "Good Faith Marriage", Brandon N. Robinson Jan 2008

The Disruption Of Marital Eharmony: Distinguishing Mail-Order Brides From Online Dating In Evaluating "Good Faith Marriage", Brandon N. Robinson

Brandon N. Robinson

ABSTRACT In today’s society, more and more people are turning to the information superhighway to find love. No longer confined to the girl or boy “next door,” many of today’s single men and women can connect with potential soul mates across the globe with the simple click of a button, symbolizing yet another consequence of a world community that is quickly becoming smaller and more interconnected. Once an international “match” has been made, the U.S. citizen can begin the complicated process of bringing his newfound loved one to the States. The IMO industry has a much more sinister underbelly, however, …


Place Matters: Domestic Violence And Rural Difference, Lisa R. Pruitt Jan 2008

Place Matters: Domestic Violence And Rural Difference, Lisa R. Pruitt

Lisa R Pruitt

This Article considers the phenomenon of domestic violence in relation to the rural-urban axis. Written for a symposium commemorating the 25th anniversary of the Feminism and Legal Theory Project at the University of Wisconsin, it assesses the difference that rurality makes to the occurrence, investigation, prosecution, and judicial decision-making regarding this crime. Among the factors analyzed are spatial or geographic isolation, along with the social isolation and lack of anonymity it fosters; severe economic disadvantage; the entrenched nature of rural patriarchy; and legal actors who are often ill-informed about domestic violence and constrained by limited resources. These rural differences are …


Bringing The Greenbook To Life: A Resource Guide For Communities, Leigh S. Goodmark, Ann Rosewater Jan 2008

Bringing The Greenbook To Life: A Resource Guide For Communities, Leigh S. Goodmark, Ann Rosewater

Book Gallery

This book is designed for communities seeking to develop interventions that will improve their responses to families suffering both domestic violence and child maltreatment.


Reasonable Efforts Checklist For Dependency Cases Involving Domestic Violence, Leigh S. Goodmark Jan 2008

Reasonable Efforts Checklist For Dependency Cases Involving Domestic Violence, Leigh S. Goodmark

Book Gallery

The purpose of this checklist is to assist dependency court judges in identifying factors that should be considered when making reasonable efforts determinations in cases involving domestic violence.


The Role Of International Bodies In Influencing U.S. Policy To End Violence Against Women, Lenora M. Lapidus Jan 2008

The Role Of International Bodies In Influencing U.S. Policy To End Violence Against Women, Lenora M. Lapidus

Fordham Law Review

No abstract provided.


Domestic Violence And The Workplace: The Explosion Of State Legislation And The Need For A Comprehensive Strategy, Deborah A. Widiss Jan 2008

Domestic Violence And The Workplace: The Explosion Of State Legislation And The Need For A Comprehensive Strategy, Deborah A. Widiss

Articles by Maurer Faculty

In recent years, domestic violence legislation has migrated out of its traditional locus in family law and criminal law to include a rapidly growing body of employment law. The new laws respond to a relatively simple problem: Economic security is one of the most important factors in whether a victim of domestic violence will be able to separate from an abusive partner, but domestic violence often interferes with victims' ability to maintain jobs, thus causing job loss that further traps victims in abusive relationships. By providing supports to victims and empowering employers to take direct legal action against perpetrators of …


Using A Jury Of Her Peers To Teach About The Connection Between Domestic Violence And Animal Abuse, Caroline Forell Jan 2008

Using A Jury Of Her Peers To Teach About The Connection Between Domestic Violence And Animal Abuse, Caroline Forell

Animal Law Review

No abstract provided.


The Harsh Reality Of Choosing Between Safety And Housing: Solutions For Victims Of Domestic Violence, Jill Barton Jan 2008

The Harsh Reality Of Choosing Between Safety And Housing: Solutions For Victims Of Domestic Violence, Jill Barton

Articles

No abstract provided.


The Justice System And Domestic Violence: Engaging The Case But Divorcing The Victim, Laurie S. Kohn Jan 2008

The Justice System And Domestic Violence: Engaging The Case But Divorcing The Victim, Laurie S. Kohn

GW Law Faculty Publications & Other Works

This Article examines the development of an inverse relationship in the legal system between the concern accorded domestic violence cases and the concern accorded domestic violence victims. The Article analyzes both philosophical approaches and concrete mechanisms currently used by the justice system to address domestic violence. Concluding that the current system- though it signals a serious institutional attitude toward addressing domestic violence – has failed to increase victim safety, this Article advocates for a paradigm shift in the legal system’s approach to domestic violence.

Specifically, the Article analyzes the viability of a paradigm shift in the philosophy behind current policies …


Enjoining Coercion: Squaring Civil Protection Orders With The Reality Of Domestic Abuse, Jeffrey R. Baker Dec 2007

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 …