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Articles 1 - 13 of 13
Full-Text Articles in Law
Discriminatory Acquittal, Tania Tetlow
Discriminatory Acquittal, Tania Tetlow
William & Mary Bill of Rights Journal
This article is the first to analyze a pervasive and unexplored constitutional problem: the rights of crime victims against unconstitutional discrimination by juries. From the Emmett Till trial to that of Rodney King, there is a long history of juries acquitting white defendants charged with violence against black victims. Modem empirical evidence continues to show a devaluation of black victims; dramatic disparities exist in death sentence and rape conviction rates according to the race of the victim. Moreover, just as juries have permitted violence against those who allegedly violated the racial order, juries use acquittals to punish female victims of …
Redefining Harm, Reimagining Remedies And Reclaiming Domestic Violence Law, Margaret E. Johnson
Redefining Harm, Reimagining Remedies And Reclaiming Domestic Violence Law, Margaret E. Johnson
All Faculty Scholarship
Civil domestic violence laws do not effectively address and redress the harms suffered by women subjected to domestic violence. The Civil Protective Order (“CPO”) laws should offer a remedy for all domestic abuse with an understanding that domestic violence subordinates women. These laws should not remedy only physical violence or criminal acts. All forms of abuse — psychological, emotional, economic, and physical — are interrelated. Not only do these abuses cause severe emotional distress, physical harm, isolation, sustained fear, intimidation, poverty, degradation, humiliation, and coerced loss of autonomy, but, as researchers have demonstrated, most domestic violence is the fundamental operation …
Unguarded Indians: The Complete Failure Of The Post-Oliphant Guardian And The Dual-Edged Nature Of Parens Patriae, Gavin Clarkson, David Dekorte
Unguarded Indians: The Complete Failure Of The Post-Oliphant Guardian And The Dual-Edged Nature Of Parens Patriae, Gavin Clarkson, David Dekorte
Gavin Clarkson
Indian Country is the only location in the United States where the race of both the victim and the offender are relevant for purposes of jurisdiction and prosecution. As a result, American Indian women and children are victimized at astonishingly higher rates than the rest of society, primarily by non-Indian offenders. Pedophiles have found employment as teachers in BIA schools even after being caught molesting Indian children, and their predation of Indian children has continued with little or no fear of prosecution. American Indian females are victims of violence more than two and a half times the national average. One …
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 …
Make No Assumptions: Barriers To Justice For Domestic Violence Victims, Kelly Stoner, Casey Ross-Petherick
Make No Assumptions: Barriers To Justice For Domestic Violence Victims, Kelly Stoner, Casey Ross-Petherick
Kelly Stoner
No abstract provided.
Domestic Violence In Russia: Is Current Law Meeting The Needs Of Victims And The Obligations Of Human Rights Instruments?, Christina L. Misner-Pollard
Domestic Violence In Russia: Is Current Law Meeting The Needs Of Victims And The Obligations Of Human Rights Instruments?, Christina L. Misner-Pollard
Christina L Misner-Pollard
No abstract provided.
Le Droit Myope, Régine Tremblay
Le Droit Myope, Régine Tremblay
All Faculty Publications
Cet essai présente la violence conjugale comme un enjeu de droit privé et de droit public, comme une problématique qui se situe au confluent de ces deux catégories considérées comme mutuellement exclusives. L'évolution de la perception de I'homosexualité en droit public a transformé notre idée du couple en droit privé. Ceci remet en question notre façon de penser le couple, les individus qui le composent et la violence qui s'y produit.
Domestic Violence And Gender-Based Persecution: How Refugee Adjudicators Judge Women Seeking Refuge From Spousal Violence – And Why Reform Is Needed, Constance Macintosh
Domestic Violence And Gender-Based Persecution: How Refugee Adjudicators Judge Women Seeking Refuge From Spousal Violence – And Why Reform Is Needed, Constance Macintosh
Articles, Book Chapters, & Popular Press
This report is an effort to address information gaps regarding how gendered claims are addressed by adjudicators at Canada’s Refugee Protection Division of the Immigration and Refugee Board of Canada (the RPD). It looks at one specific type of gendered claim: persecution through domestic or intimate violence. The study considers all the RPD decisions from 2004 to 2009 and judicial reviews from 2005 to 2009 that were reported in the Quicklaw LexisNexis service. These decisions are analyzed both quantitatively and qualitatively.
This report finds adjudicators consistently identify domestic violence as a form of gendered persecution that can form a nexus …
Prosecuting Domestic Violence: A Philosophical Analysis, Michelle Dempsey
Prosecuting Domestic Violence: A Philosophical Analysis, Michelle Dempsey
Michelle Madden Dempsey
The main question which motivates the inquiry undertaken in this book is: what should public prosecutors do when victims withdraw support for domestic violence prosecutions? The answer defended herein can be summarized as follows: within the realm of justified (permissible) action, prosecutors should respond effectively; which is to say that, ceteris paribus, domestic-violence prosecutors should respond as feminists. This claim is intended as a provocative formulation of the proposition that domestic violence prosecutors should act for reasons generated by the value of reconstituting their states (and communities) as less patriarchal. This book defends that claim in two steps: first, it …
Admissibility Of Hearsay Evidence Under The Excited Utterance Exception In Abuse Prosecutions, Nancy Lemon, Anne Perry
Admissibility Of Hearsay Evidence Under The Excited Utterance Exception In Abuse Prosecutions, Nancy Lemon, Anne Perry
Nancy K.D. Lemon
No abstract provided.
Teacher’S Manual For Domestic Violence Law, Nancy Lemon
Teacher’S Manual For Domestic Violence Law, Nancy Lemon
Nancy K.D. Lemon
Teacher's manual also issued for West's 2001 and 2005 editions of Domestic Violence Law.
Amicus Curiae Brief To California Victim Compensation And Government Claims Board In Claim Of Cheryl Jones, On Behalf Of California Partnership To End Domestic Violence, For Over Twenty Years Of Wrongful Incarceration., Nancy Lemon
Nancy K.D. Lemon
Co-author
Result: Cheryl Jones pled guilty to killing husband, released on habeas corpus, retried and acquitted.
Abuse And Discretion: Evaluating Judicial Discretion In Custody Cases Involving Violence Against Women, Dana Harrington Conner
Abuse And Discretion: Evaluating Judicial Discretion In Custody Cases Involving Violence Against Women, Dana Harrington Conner
Dana Harrington Conner
This Article is an exploration of the history and creation of the broad power of the custody trial judge, the unsatisfactory standards applied in custody cases involving violence against women, and our system’s inability to adequately review flawed decisions at the appellate level. The Article deconstructs both the process of judicial decision-making at the trial court level in custody cases involving batterers and the standards applied to these cases at the appellate court stage. In addition, the Article also proposes a multi-level approach to resolving the domestic violence dilemma in a custody case.
History confirms that the custody trial judge …