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Articles 1 - 30 of 218
Full-Text Articles in Law
Parental Kidnapping And Domestic Violence: The Need To Reform And Enforce State Action, Anna Ratterman
Parental Kidnapping And Domestic Violence: The Need To Reform And Enforce State Action, Anna Ratterman
Georgia Criminal Law Review
When civil family issues intersect with criminal acts, the civil and criminal systems fail to effectuate a complete remedy. Specifically, there are few effective protections for victims of domestic violence during the pendency of domestic relations proceedings. Given the complicated gender dynamics and inequalities that have developed throughout history, it is unsurprising that the criminal and civil systems have failed to prioritize prosecution of crimes against women. Current criminal laws fail to treat domestic violence and parental kidnapping as serious crimes and instead adopt the view that domestic disputes are private issues to be handled within the family. In turn, …
Salvaging Federal Domestic Violence Gun Regulations In Bruen’S Wake, Bonnie Carlson
Salvaging Federal Domestic Violence Gun Regulations In Bruen’S Wake, Bonnie Carlson
Washington Law Review
Congress passed two life-saving laws in the mid-1990s: a protection order prohibition, which bars firearm possession for protection order respondents, and the Lautenberg Amendment, which bars firearm possession for those convicted of misdemeanor crimes of domestic violence. Both laws have been repeatedly upheld by federal courts nationwide in the nearly thirty years since their enactment. Both faced renewed constitutional challenges after the United States Supreme Court’s foundation-shifting decision in New York State Rifle & Pistol Ass’n v. Bruen on June 23, 2022. The Lautenberg Amendment has fared well; every court to consider it post-Bruen has upheld it. Courts have …
Imminence Should Not Be A Controlling Factor In The Duress Defense In The Context Of Battered Women, Jacqueline Fink
Imminence Should Not Be A Controlling Factor In The Duress Defense In The Context Of Battered Women, Jacqueline Fink
Touro Law Review
Domestic violence is a silent killer that attacks quickly. This Note specifically discusses the Battered Woman Syndrome and the need to explore the current laws that “protect” this group. Current laws in a majority of states create a barrier that blocks battered women from obtaining the justice that should be given to all citizens. When the abused woman is at an impasse in her relationship, she may be forced to make a life-or-death decision. More likely than not, the result becomes the worst possible outcome. Domestic violence continues to be higher amongst women than men, where women are emotionally, as …
The Law Of Equitable Distribution: When Is Domestic Violence More Than Just A Factor In Divorce?, Ada Tonkonogy
The Law Of Equitable Distribution: When Is Domestic Violence More Than Just A Factor In Divorce?, Ada Tonkonogy
Journal of Civil Rights and Economic Development
(Excerpt)
Imagine you are married. After many years there are problems in your marriage. Some of these issues are beyond your control. You find out that your spouse is cheating on you. You plan to come home from work and confront your spouse about their infidelities. You even begin to think about the divorce process, confronting the concerns raised in your mind. I’ll be okay. I have a great career, I have worked my entire life, and I have saved. I will be okay.
That night you approach your spouse. After an argument breaks out, you tell your spouse that …
The Impact Of Covid-19 On Domestic Violence And Digital Abuse: Addressing The Problem Through A National Action Plan, Kayla Bokzam
The Impact Of Covid-19 On Domestic Violence And Digital Abuse: Addressing The Problem Through A National Action Plan, Kayla Bokzam
University of Miami International and Comparative Law Review
This Article discusses the impact of COVID-19 on domestic violence and digital abuse around the world, with a focus on the United States. Violence against women has increased since the start of the pandemic largely due to lockdown restrictions and other measures taken by governments to slow the spread of the virus. Further, with an increase in the use of technology throughout our daily lives, digital abuse has become more prevalent and particularly impacts women and girls. This paper analyzes the national action plans on gender-based violence in Australia and South Africa and explores how the United States can create …
‘They Did Not Have To Burn My Sister Alive’: Causes And Distribution By State Of Dowry Murder In India, Peter Mayer
‘They Did Not Have To Burn My Sister Alive’: Causes And Distribution By State Of Dowry Murder In India, Peter Mayer
Dignity: A Journal of Analysis of Exploitation and Violence
Dowry, the money, goods, property, or gifts given by the bride’s family to the groom or his family at the time of marriage, is a common custom in South Asia. Although it is illegal to demand—or offer—a dowry in India, it is a nearly universal custom in many parts of the country. If, after marriage, a husband’s family feels that the wife’s dowry was insufficient, they may harass or inflict other forms of domestic violence on her to put pressure on her family to provide an additional dowry. At its most extreme, this violence may lead to the murder of …
The Future Harm Exception: Coercive Control As Serious Psychological Harm And The Challenge For Lawyers’ Ethics, Deanne Sowter
The Future Harm Exception: Coercive Control As Serious Psychological Harm And The Challenge For Lawyers’ Ethics, Deanne Sowter
Dalhousie Law Journal
Can a lawyer use the future harm exception to prevent her client from coercively controlling his former spouse? Lawyers are required to keep their clients’ secrets unless an exception applies. One of those exceptions is where there is a clear and imminent risk of serious bodily harm or death to an identifiable group or person. The exception provides that serious psychological harm constitutes serious bodily harm, but there is very little guidance as to what type of threat might meet the test. Coercive control is a type of family violence whereby an abusive spouse will use a pattern of tactics …
Immigration Law—Creating Consistency In Domestic Violence Asylum Cases, Zoya Miller
Immigration Law—Creating Consistency In Domestic Violence Asylum Cases, Zoya Miller
University of Arkansas at Little Rock Law Review
No abstract provided.
Failed Interventions: Domestic Violence, Human Trafficking, And The Criminalization Of Survival, Alaina Richert
Failed Interventions: Domestic Violence, Human Trafficking, And The Criminalization Of Survival, Alaina Richert
Michigan Law Review
Over the last decade, state legislators have enacted statutes acknowledging the link between criminal behavior and trauma resulting from domestic violence and human trafficking. While these interventions take a step in the right direction, they still have major shortcomings that prevent meaningful relief for survivor-defendants. Until now, there has been no systematic overview of the statutes that require courts to consider a defendant’s history of trauma in the contexts of domestic violence and human trafficking. There has also been no attempt to explore how these statutes relate to each other. This Note fills those gaps. It also identifies essential elements …
When It Comes To Orders Of Protection And Guns--Language Matters, Joshua M. Anderson
When It Comes To Orders Of Protection And Guns--Language Matters, Joshua M. Anderson
Lincoln Memorial University Law Review Archive
When it comes to orders of protection - language matters. The boxes checked, the lines filled in, and the specific orders enumerated in a Tennessee order of protection, impact the effect it has on respondents/defendants' gun rights. For the federal firearms restrictions, and accordingly the Tennessee state firearms restrictions, to be imposed, specific requirements as specified in 18 U.S.C. § 922(g)(8) must be met in an order of protection. Additionally, the restrictions apply to narrow classes of individuals - much narrower than those who a Tennessee order of protection may generally apply. The findings and restrictions currently in Tennessee's order …
Domestic Violence Victims, A Nuisance To Society?: Moving Toward A More Equitable System In Protecting Vulnerable Women, Elizabeth Haderlie, Layla Shaaban
Domestic Violence Victims, A Nuisance To Society?: Moving Toward A More Equitable System In Protecting Vulnerable Women, Elizabeth Haderlie, Layla Shaaban
Brigham Young University Prelaw Review
Recent conversations about racial biases that exist towards the black community have required many of us to rethink systems and laws that unconsciously perpetuate racial discrimination. This article uses state, federal, and local lawsuits to argue the case against nuisance ordinances and the negative effects they can have on victims of domestic abuse, namely black women. We dive into the histories and statistics of domestic violence and nuisance ordinances. We provide evidence that indicates a correlation between domestic violence victim’s fear of reaching out for help, and nuisance ordinances being in place. Finally, we urge the federal government to amend …
Promoting Gender Equity And Foreign Policy Goals Through Ratifying The Convention On The Elimination Of All Forms Of Discrimination Against Women, Raj Telwala
Journal of Race, Gender, and Ethnicity
No abstract provided.
Covid-19’S Complications For Family Law Counsel: Domestic Violence And Threats To The Well-Being Of Children, J. Thomas Sullivan
Covid-19’S Complications For Family Law Counsel: Domestic Violence And Threats To The Well-Being Of Children, J. Thomas Sullivan
The Arkansas Journal of Social Change and Public Service
No abstract provided.
Till Death Do Us Part: The Legal Remedies Of Sexual Assault In Marriage - Or Lack Thereof, Kaylyn Presley
Till Death Do Us Part: The Legal Remedies Of Sexual Assault In Marriage - Or Lack Thereof, Kaylyn Presley
The Arkansas Journal of Social Change and Public Service
No abstract provided.
The Female Face Of Misogyny: A Review Of Decriminalizing Domestic Violence: A Balanced Policy Approach To Intimate Partner Violence By Leigh Goodmark And The Feminist War On Crime: The Unexpected Role Of Women's Liberation In Mass Incarceration By Aya Gruber, Dianne L. Post
Dignity: A Journal of Analysis of Exploitation and Violence
No abstract provided.
Lessons Learned, Lessons Offered: Creating A Domestic Violence Drug Court, Judge Rosie Speedlin Gonzalez, Dr. Stacy Speedlin Gonzalez
Lessons Learned, Lessons Offered: Creating A Domestic Violence Drug Court, Judge Rosie Speedlin Gonzalez, Dr. Stacy Speedlin Gonzalez
The Scholar: St. Mary's Law Review on Race and Social Justice
Abstract forthcoming.
Straight Outta Scotus: Domestic Violence, True Threats, And Free Speech, Jessica Miles
Straight Outta Scotus: Domestic Violence, True Threats, And Free Speech, Jessica Miles
University of Miami Law Review
Domestic violence intersects with constitutional, criminal, and civil law in ways that often present challenges for jurists seeking to reconcile conflicting interests in promoting victim safety and protecting the legal rights of those accused of abuse. One current issue presenting such tensions relates to “true threats” of violence which the U.S. Supreme Court considers to be among the categories of speech receiving only limited First Amendment protection. The Supreme Court has yet to indicate what level of intent would be constitutionally sufficient for conviction of a speaker of a true threat and the circuit courts have split on this issue. …
In Pursuit Of Economic Justice: The Political Economy Of Domestic Violence Laws And Policies, Deborah M. Weissman
In Pursuit Of Economic Justice: The Political Economy Of Domestic Violence Laws And Policies, Deborah M. Weissman
Utah Law Review
Violence experienced within the family — perhaps the most intimate of all social arrangements — causes devastating consequences. Recent phenomena, including accounts of perpetrators of mass shootings with a history of domestic violence and the #MeToo movement, have called new attention to the costs and consequences of violence against women. Intimate violence wreaks havoc extending beyond the private spaces of the household, thereupon to lay bare the structural shortcomings of public institutions.
The act of domestic violence enters the public imagination principally as an offense of physical abuse. It is more complicated. In fact, intimate partner violence (IPV) is often …
Imbalanced Progress On The Implementation Of Anti Domestic Violence Law In China, Hao Yang, Feng Yuan
Imbalanced Progress On The Implementation Of Anti Domestic Violence Law In China, Hao Yang, Feng Yuan
Human Rights Brief
No abstract provided.
Undocumented: The Need To Further Address The Intersection Of Immigration And Domestic Violence In The United States, Julie Flower
Undocumented: The Need To Further Address The Intersection Of Immigration And Domestic Violence In The United States, Julie Flower
Legislation and Policy Brief
No abstract provided.
Properly Accounting For Domestic Violence In Child Custody Cases: An Evidence-Based Analysis And Reform Proposal, Debra Pogrund Stark, Jessica M. Choplin, Sarah Elizabeth Wellard
Properly Accounting For Domestic Violence In Child Custody Cases: An Evidence-Based Analysis And Reform Proposal, Debra Pogrund Stark, Jessica M. Choplin, Sarah Elizabeth Wellard
Michigan Journal of Gender & Law
Promoting the best interests of children and protecting their safety and well-being in the context of a divorce or parentage case where domestic violence has been alleged has become highly politicized and highly gendered. There are claims by fathers’ rights groups that mothers often falsely accuse fathers of domestic violence to alienate the fathers from their children and to improve their financial position. They also claim that children do better when fathers are equally involved in their children’s lives, but that judges favor mothers over fathers in custody cases. As a consequence, fathers’ rights groups have engaged in a nationwide …
Critiquing Matter Of A-B-: An Uncertain Future In Asylum Proceedings For Women Fleeing Intimate Partner Violence, Theresa A. Vogel
Critiquing Matter Of A-B-: An Uncertain Future In Asylum Proceedings For Women Fleeing Intimate Partner Violence, Theresa A. Vogel
University of Michigan Journal of Law Reform
The #MeToo movement has brought renewed attention to the impact of gender inequality on our society’s ability to provide protection to women from physical and sexual violence, including intimate partner violence. Despite advances in legal protections and increased resources to prevent, prosecute, and bring an end to intimate partner violence, in the absence of true efforts to combat gender inequality as a whole, intimate partner violence will continue to pervade our society. The discussion of gender inequality’s impact on the treatment of intimate partner violence must expand beyond the violence that occurs in the United States to gender inequality’s impact …
Protecting All Women: Tribal Protection Orders And Required Enforcement Under Vawa, Brenna P. Riley
Protecting All Women: Tribal Protection Orders And Required Enforcement Under Vawa, Brenna P. Riley
Roger Williams University Law Review
No abstract provided.
The Asylum Makeover: Chevron Deference, The Self-Referral And Review Authority, Jessica Senat
The Asylum Makeover: Chevron Deference, The Self-Referral And Review Authority, Jessica Senat
Touro Law Review
No abstract provided.
The Impact Of Domestic Violence On Immigrant Women, Shawna C. Quast
The Impact Of Domestic Violence On Immigrant Women, Shawna C. Quast
DePaul Journal of Women, Gender and the Law
No abstract provided.
Officer-Involved Domestic Violence: The Mediating Factors, Isaac Baron
Officer-Involved Domestic Violence: The Mediating Factors, Isaac Baron
Themis: Research Journal of Justice Studies and Forensic Science
Domestic and family violence has been a critical issue in contemporary society. Efforts have been made in researching the causes, effects, and mediating factors of domestic violence in relation to the workplace. Studies demonstrate that a relationship between conflict crossing over from the work to the home environment exist. Additional studies demonstrate that domestic violence does affect the workplace; however, there is little to no scientific data on the reverse relationship. The reverse relationship regards whether the workplace affects the occurrence of domestic violence. This research paper will dive into this topic, and on the lack of data available. Supporting …
Invisible Bars: Adapting The Crime Of False Imprisonment To Better Address Coercive Control And Domestic Violence In Tennessee, Alexandra M. Ortiz
Invisible Bars: Adapting The Crime Of False Imprisonment To Better Address Coercive Control And Domestic Violence In Tennessee, Alexandra M. Ortiz
Vanderbilt Law Review
On average, three or more women are murdered by their intimate partners in the United States every day. Despite the now well-known correlation between coercive control-the strategic use of oppressive behavior to control primarily female partners-and intimate partner homicide, most states continue to focus their criminal domestic violence laws solely on physical violence. As a result, state laws often fail to protect victims from future and escalating violence. Focusing on Tennessee law and drawing from the work of Evan Stark as well as the United Kingdom's Serious Crime Act of 2015, this Note proposes adapting the preexisting crime of false …
The Workplace Injunction: An Emerging But Imperfect Weapon In The Fight Against Domestic Violence, Michael D. Moberly
The Workplace Injunction: An Emerging But Imperfect Weapon In The Fight Against Domestic Violence, Michael D. Moberly
American University Journal of Gender, Social Policy & the Law
No abstract provided.
Who's Afraid Of Judicial Activism? Reconceptualizing A Traditional Paradigm In The Context Of Specialized Domestic Violence Court Programs, Jennifer L. Thompson
Who's Afraid Of Judicial Activism? Reconceptualizing A Traditional Paradigm In The Context Of Specialized Domestic Violence Court Programs, Jennifer L. Thompson
Maine Law Review
The Specialized Domestic Violence Pilot Project (Pilot Project), implemented in York and Portland in July and August 2002, is the result of the collaborative efforts of the District Court system, law enforcement, prosecutors, members of the defense bar, and various community agencies offering services to victims and perpetrators. District court judges are largely responsible for overseeing the changes in court procedures and implementing the new protocols in domestic violence cases. The Pilot Project, and the changes it is making to the role that courts play in domestic violence cases, represents a significant departure from the procedures followed by traditional court …
The Violent State: Black Women's Invisible Struggle Against Police Violence, Michelle S. Jacobs
The Violent State: Black Women's Invisible Struggle Against Police Violence, Michelle S. Jacobs
William & Mary Journal of Race, Gender, and Social Justice
No abstract provided.