2,652 research outputs found
Full Faith and Credit: Interstate Enforcement of Protection Orders Under the Violence Against Women Act of 1994
This article focuses on Title II, Safe Homes for Women, specifically, interstate enforcement of protection orders. Prior to the enactment of VAWA, the majority of states did not afford full faith and credit to protection orders issued in sister states! This was a serious breach in the protection afforded victims of domestic violence. Without full faith and credit statutes, a state only has the power to protect victims of domestic violence within its boundaries, limiting the protection afforded to victims if they are forced to move or flee to another state.
Prior to the VAWA, in order to receive protection in the foreign state, a victim had to petition the foreign state\u27s court for a new protection order. Because of due process requirements, the batterer had to be served with notice regarding pending protection proceedings, thus revealing the victim\u27s whereabouts and putting the victim in a dangerous situation. In the absence of a full faith and credit statute, jurisdictional problems could arise. A state may not have jurisdiction to issue a new protection order unless abuse takes place within its boundaries. In addition, there are other problems that arise out of the requirement of refiling for a protection order including: additional filing fees; language barriers; the difference in each state\u27s domestic violence laws regarding availability, duration, and scope of protection; inadequate transportation; access to legal assistance; and child care facilities.
This article examines existing procedures for enforcing interstate protection orders in states that have full faith and credit statutes. It then proposes methods by which practitioners can utilize the VAWA under their state\u27s existing systems and explores model approaches to implementing the VAWA by looking at the roles that practitioners, courts, and law enforcement officials should play. Finally, this article will address the issues of mutual protection orders and the creation of a new federal crime under the VAWA
Full Faith and Credit: Interstate Enforcement of Protection Orders Under the Violence Against Women Act of 1994
This article focuses on Title II, Safe Homes for Women, specifically, interstate enforcement of protection orders. Prior to the enactment of VAWA, the majority of states did not afford full faith and credit to protection orders issued in sister states! This was a serious breach in the protection afforded victims of domestic violence. Without full faith and credit statutes, a state only has the power to protect victims of domestic violence within its boundaries, limiting the protection afforded to victims if they are forced to move or flee to another state.
Prior to the VAWA, in order to receive protection in the foreign state, a victim had to petition the foreign state\u27s court for a new protection order. Because of due process requirements, the batterer had to be served with notice regarding pending protection proceedings, thus revealing the victim\u27s whereabouts and putting the victim in a dangerous situation. In the absence of a full faith and credit statute, jurisdictional problems could arise. A state may not have jurisdiction to issue a new protection order unless abuse takes place within its boundaries. In addition, there are other problems that arise out of the requirement of refiling for a protection order including: additional filing fees; language barriers; the difference in each state\u27s domestic violence laws regarding availability, duration, and scope of protection; inadequate transportation; access to legal assistance; and child care facilities.
This article examines existing procedures for enforcing interstate protection orders in states that have full faith and credit statutes. It then proposes methods by which practitioners can utilize the VAWA under their state\u27s existing systems and explores model approaches to implementing the VAWA by looking at the roles that practitioners, courts, and law enforcement officials should play. Finally, this article will address the issues of mutual protection orders and the creation of a new federal crime under the VAWA
Deconstructing Teresa O’Brien: A Role Play For Domestic Violence Clinics
In this article, we will present and examine the role play that we have used with our students. We will provide the actual text of the role play, with an explanatory narrative about how we integrated the role play into our classroom component. We will outline the reading assignments and pre-class preparation that we require. Finally, we will suggest ways that this role play can be adapted for clinical programs in other jurisdictions or in countries with other legal systems
Deconstructing Teresa O’Brien: A Role Play For Domestic Violence Clinics
In this article, we will present and examine the role play that we have used with our students. We will provide the actual text of the role play, with an explanatory narrative about how we integrated the role play into our classroom component. We will outline the reading assignments and pre-class preparation that we require. Finally, we will suggest ways that this role play can be adapted for clinical programs in other jurisdictions or in countries with other legal systems
Data Feminism
A new way of thinking about data science and data ethics that is informed by the ideas of intersectional feminism. Today, data science is a form of power. It has been used to expose injustice, improve health outcomes, and topple governments. But it has also been used to discriminate, police, and surveil. This potential for good, on the one hand, and harm, on the other, makes it essential to ask: Data science by whom? Data science for whom? Data science with whose interests in mind? The narratives around big data and data science are overwhelmingly white, male, and techno-heroic. In Data Feminism, Catherine D'Ignazio and Lauren Klein present a new way of thinking about data science and data ethics—one that is informed by intersectional feminist thought. Illustrating data feminism in action, D'Ignazio and Klein show how challenges to the male/female binary can help challenge other hierarchical (and empirically wrong) classification systems. They explain how, for example, an understanding of emotion can expand our ideas about effective data visualization, and how the concept of invisible labor can expose the significant human efforts required by our automated systems. And they show why the data never, ever “speak for themselves.” Data Feminism offers strategies for data scientists seeking to learn how feminism can help them work toward justice, and for feminists who want to focus their efforts on the growing field of data science. But Data Feminism is about much more than gender. It is about power, about who has it and who doesn't, and about how those differentials of power can be challenged and changed
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