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A reasonable battered mother?
- Creator
- Miccio, G.K.
A reasonable battered mother?
The author argues that where the state alleges failure to protect against a battered mother, the appropriate standard must particularize and account for the violence. Morover, she argues that culture structures relationships within the family and measures appropriate maternal behavior according to a generalized standard. To particularize the violence, deconstruct the normative process and reconstruct the materiality of battered mothers' lives, the appropriate standard is a reasonable battered mother test (RBMT).- Creator
- Miccio, G.K.
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Criminalizing the exposure of children to family violence
- Creator
- Stone, Audrey E.
- Fialk, Rebecca J.
Criminalizing the exposure of children to family violence
The authors proposes a model statute for states to adopt that criminalizes a batterer's exposure of children to domstic violence, thereby punishing perpetrators of domestic violence for the harmful consequences of their conduct on child witnesses.- Creator
- Stone, Audrey E.
- Fialk, Rebecca J.
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Federalism and the family after Morrison
- Creator
- Saylor, Elizabeth S.
Federalism and the family after Morrison
The Morrison Court struck down the civil rights remedy of the Violence Against Women Act which allowed victims of gender-based violence to sue their attackers in federal court. This article argues that Morrison was wrongly decided and will prove unworkable in practice.- Creator
- Saylor, Elizabeth S.
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Gender-motivated violence
- Creator
- Goldscheid, J.
Gender-motivated violence
New federal laws recognizing the civil rights implications of genderbased crimes represent an important development in effort to eliminate violence against women and other bias crimes generally. In enacting VAWA Civil Rights Remedy, Congress charted a compromise under which it required some circumstantial evidence of gender bias as a prerequisite to federal bias crime treatment. An analysis of cases of domestic violence and sexual assault, as well as an analysis of other bias crime cases, reveals the circumstantial evidence of the bias that animates violent crimes committed against women just as it does in other types of bias crime ceses.- Creator
- Goldscheid, J.
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Sex, sense, and sensibility
- Creator
- St. Joan, Jacqueline
Sex, sense, and sensibility
The author argues for exposing judges to outsider literature - novels, short stories, and poetry - in order to improve their understanding of domestic violence. This exposure will help judges reduce their reliance on stereotypes, deepen the questions they ask themselves and others, and respond in a more just and effective manner to victims of abuse.- Creator
- St. Joan, Jacqueline
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Refugee law and state accountability for violence against women
- Creator
- Randall, Melanie
Refugee law and state accountability for violence against women
The author adresses two central themes in the determination of claims for asylum made by women fleeing gender persecution. The first of these is the set of definitional hurdles women face in framing claims that are based on gender persecution, most often revolving around the 'most elastic and nebulous' category - 'membership in a particular social group.' The second is the state's relationship to the persecution being claimed and, most critically, its ability to protect the claimant, a particularly fraught dilemma in cases of violence perpetrated in intimate relationships and in the context of the so-called 'private' sphere.- Creator
- Randall, Melanie
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Gender in evidence
- Creator
- Hunter, Rosemary
Gender in evidence
This article explores the gender effects of the rules of evidence and the conduct of adversarial court proceedings. It focuses upon the evidentiary regulation of 'private' relations - private in the sense of events that usually occur without witnesses, often in a domestic setting, and often between intimates. This element of privacy is an important factor in understanding why the rules of evidence have difficulty dealing with cases involving sexual behavior or violence against women.- Creator
- Hunter, Rosemary
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Prosecuting battered mothers
- Creator
- Enos, V. Pualani
Prosecuting battered mothers
This article argues that legislators and courts should recognize and better understand the power dynamics in battering relationships and the realities facing battered mothers in order to create laws that are more reasonable and equitable. A greater understanding of domestic violence will equip judges with the information necessary to determine accurately whether victimized mothers have unreasonably failed to protect their children from the acts of an abusive father.- Creator
- Enos, V. Pualani
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Personal morals masquerading as professional ethics
- Creator
- Mischler, L.F.
Personal morals masquerading as professional ethics
This article argues that selective sex bans in the domestic relations area respond to a cultural preoccupation with sex, and impermissibly extend the long arm of professional ethics into an area of personal morality.- Creator
- Mischler, L.F.
Showing 1-10 of 13 records.