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Articles 1 - 10 of 10
Full-Text Articles in Law
Reviled Mothers: Custody Modification Cases Involving Domestic Violence, Megan Shipley
Reviled Mothers: Custody Modification Cases Involving Domestic Violence, Megan Shipley
Indiana Law Journal
No abstract provided.
Back To The Drawing Board: Barriers To Joint Decision-Making In Custody Cases Involving Intimate Partner Violence, Dana Harrington Conner
Back To The Drawing Board: Barriers To Joint Decision-Making In Custody Cases Involving Intimate Partner Violence, Dana Harrington Conner
Dana Harrington Conner
For survivors of intimate partner violence, custody is, without question, one of the most important issues addressed by our legal system. For battered women, the court’s decision regarding their children is critical. As a result, legal scholars have examined, in depth, the value of sole custody awards in favor of battered women, as well as the dangers of joint custody. To that end, this Article considers, beyond the obvious risks of physical harm, why joint legal custody is not a viable alternative to sole legal custody in cases involving intimate partner violence. In addition, by de-constructing the fundamental aspects of …
Biases In Domestic Violence Criminal Decision Making: Are System Actors Lenient In Domestic Violence Cases?, Silvana Del Valle
Biases In Domestic Violence Criminal Decision Making: Are System Actors Lenient In Domestic Violence Cases?, Silvana Del Valle
Cornell Law School Inter-University Graduate Student Conference Papers
This essay makes a review of studies about the presence of biases against victims in the Judicial Decisionmaking of Domestic Violence (DV) crimes. The global recognition of the phenomenon has promoted a legal reform movement, in which the United States has been part. The first reform in the topic in the US was the Violence Against Women Act (VAWA) of 1991. This federal statute detected biases not only in the judges, but also in other criminal prosecution actors -police departments and prosecutors. Then, it introduced research funds and legal tools to fight against biases, under the premise that DV is …
Teens, Technology, And Cyberstalking: The Domestic Violence Wave Of The Future?, Andrew King-Ries
Teens, Technology, And Cyberstalking: The Domestic Violence Wave Of The Future?, Andrew King-Ries
Faculty Law Review Articles
The American criminal justice system, (therefore), is facing a future domestic violence crisis. Unfortunately, authorities-both parents and law enforcement-tend to minimize the seriousness of violence within adolescent relationships and to minimize the seriousness of stalking. In addition, given the prevalence and embrace of technology by teenagers, criminalizing "normal" teenage behavior seems counter-productive. While an effective criminal justice system response to this problem has yet to be developed, the first step will be for parents and law enforcement to recognize the risk and take it seriously. The second step will be to "renorm" unhealthy teenage relationship norms. It is possible that …
Parental Rights And The Best Interests Of The Child: Implications Of The Adoption And Safe Families Act Of 1997 On Domestic Violence Victims' Rights, Rachel Venier
American University Journal of Gender, Social Policy & the Law
No abstract provided.
The Maria Da Penha Case And The Inter-American Commission On Human Rights: Contributions To The Debate On Domestic Violence Against Women In Brazil, Paula Spieler
Indiana Journal of Global Legal Studies
This article aims to demonstrate the contributions of the Maria da Penha case and the Inter-American Commission on Human Rights (IACHR) Report of 2001 to the debate on domestic violence against women in Brazil, with special emphasis to the adoption of the Maria da Penha Law. The IACHR was the first international human rights organ to bring to light the problem. Beside contributing to internal changes, this case has great relevance as it was the first one of domestic violence analyzed by the Inter-American Commission. It revealed the systematic pattern of violence against women in the country.
Human Rights and …
Domestic Violence And State Intervention In The American West And Australia, 1860-1930, Carolyn B. Ramsey
Domestic Violence And State Intervention In The American West And Australia, 1860-1930, Carolyn B. Ramsey
Indiana Law Journal
This Article calls into question stereotypical assumptions about the presumed lack of state intervention in the family and the patriarchal violence of Anglo- American frontier societies in the late nineteenth and early twentieth centuries. By analyzing previously unexamined cases of domestic assault and homicide in the American West and Australia, Professor Ramsey reveals a sustained (but largely ineffectual) effort to civilize men by punishing violence against women. Husbands in both the American West and Australia were routinely arrested or summoned to court for beating their wives in the late 1800s and early 1900s. Judges, police officers, journalists, and others expressed …
Cutting Edge Issues In Family And Matrimonial Law: An Annotated Bibliography, Nancy Levit
Cutting Edge Issues In Family And Matrimonial Law: An Annotated Bibliography, Nancy Levit
Faculty Works
This bibliography covers law review articles published, for the most part, after 2007. Articles for which the title is self-explanatory or that concern only a single case, state, or statute are cited, but not annotated. Property-related issues will appear in the fall 2011 bibliography.
From The Border To The Bench: The Barriers To Freedom For Victims Of Domestic Violence Seeking Asylum In The United States And Why A Favorable Decision In The Case Of R-A- Is Necessary But Not Sufficient Protection For Future Claimants, Chelsea M. Peter
Saint Louis University Law Journal
No abstract provided.
A Diva Defends Herself: Gender And Domestic Violence In An Early Twentieth–Century Headline Trial, Carolyn B. Ramsey
A Diva Defends Herself: Gender And Domestic Violence In An Early Twentieth–Century Headline Trial, Carolyn B. Ramsey
Saint Louis University Law Journal
No abstract provided.