영문목차

PREFACE=V

ACKNOWLEDGMENTS=VII

TABLE OF CASES=XXXIII

Introduction=1

Chapter 1. Domestic Violence in Historical and Social Context=4

A. Experiences with Domestic Violence=5

Notes and Questions=7

B. The Pervasiveness of Domestic Violence=8

Notes and Questions=12

C. Domestic Violence : A Historical Perspective=14

Bradley v. State=15

Notes and Questions=16

"The Rule of Love" : Wife Beating as Prerogative and Privacy / Reva B. Siegel=17

Notes and Questions=19

D. History of the Current Domestic Violence Movement=19

Women and Male Violence : The Visions and Struggles of the Battered Women's Movement(1982) / Susan Schechter=20

Battered Women and Feminist Lawmaking(2000) / Elizabeth M. Schneider=22

Notes and Questions=23

E. Current Controversies=24

Battered Women and Feminist Lawmaking(2000) / Elizabeth M. Schneider=25

Battered Women and the State : The Struggle for the Future of Domestic Violence Policy / Emily J. Sack=27

Notes and Questions=30

F. The U.S. Supreme Court and Domestic Violence=31

Planned Parenthood v. Casey=31

United States v. Morrison=33

Town of Castle Rock, Colorado v. Gonzales=37

Notes and Questions=38

Chapter 2. The Dynamics of Abusive Relationships=41

A. Women's Experiences of Abusive Relationships=44

Courtship and Early Marriage : From Affection to Assault, When Battered Women Kill(1987) / Angela Browne=45

Notes and Questions=51

The Culture of Battering and the Role of Mediation in Domestic Violence Cases / Karla Fischer ; Neil Vidmar ; Rene Ellis=52

Notes and Questions=59

Terrifying Love : Why Battered Women Kill and How Society Responds(1989) / Lenore Walker=59

Domestic Abuse Intervention Project, Duluth, Minnesota Power and Control and Equality Wheels=62

Notes and Questions=63

Fifty Obstacles to Leaving, a.k.a., Why Abuse Victims Stay / Sarah M. Buel=64

Notes and Questions=68

Battered Women as Survivors : An Alternative to Treating Learned Helplessness(1988) / Edward Gondolf ; Ellen Fisher=71

Notes and Questions=73

Woods v. Horton=77

Notes and Questions=81

B. Men's Experiences as Abusers=82

The Paradox of Hope : The Crime and Punishment of Domestic Violence / Cheryl Hanna=84

Why Do They Kill? Men Who Murder Their Intimate Partners(2007) / David Adams=87

Notes and Questions=91

Why Does He Do That? Inside the Minds of Angry and Controlling Men(2002) / Lundy Bancroft=95

Notes and Questions=97

Chapter 3. Dimensions of the Battering Experience=99

A. Battering in Same―Sex Relationships=100

The Neighbors Call the Police, Men Who Beat the Men Who Love Them(1991) / David Island ; Patrick Letellier=100

Notes and Questions=102

State v. Linner=107

Notes and Questions=108

B. Race, Culture, Immigration, Religion and the Experience of Abuse=111

Mapping the Margins : Intersectionality, Identity Politics, and Violence Against Women of Color / Kimberle Crenshaw=112

Notes and Questions=115

Minnesota v. Vue=115

Notes and Questions=118

United States v. Deegan=121

Notes and Questions=128

C. Battered Women and Poverty=132

Understanding the Connection Between Domestic Violence, Crime, and Poverty : How Welfare Reform May Keep Battered Women From Leaving Abusive Relationships / Shelby A.D. Moore=133

Notes and Questions=135

Place Matters : Domestic Violence and Rural Difference / Lisa R. Pruitt=139

Notes and Questions=141

D. Teens, Elders, and Individuals with Disabilities as Victims of Domestic Violence=142

Sex Before Violence : Girls, Dating Violence, and(Perceived) Sexual Autonomy / Cheryl Hanna=142

Cynthia's Story / Cynthia Rodriguez=143

Notes and Questions=145

In Harm's Way : Elder Abuse―Outing the Other Domestic Violence / Ken Picard=147

Notes and Questions=149

Domestic Violence in The Lives Of Women With Disabilities : No (Accessible) Shelter From The Storm / Karen Nutter=151

Notes and Questions=153

Chapter 4. Domestic Violence, Health, Reproductive Rights and Sexual Autonomy=155

A. Women's Health and Domestic Violence=156

Health, Human Rights, and Violence Against Women and Girls : Broadly Redefining Affirmative State Duties After Opuz v. Turkey / Cheryl Hanna=157

Notes and Questions=159

B. Sexual Consent and Marital Rape=162

State v. Russell=162

Notes and Questions=168

C. Access to Birth Control and Disease Prevention=176

Marital Immunity, Intimate Relationships, and Improper Inferences : A New Law On Sexual Offenses by Intimates / Michelle J. Anderson=176

Notes and Questions=179

D. Reproductive Rights=181

Planned Parenthood v. Casey=182

Notes and Questions=186

E. Battering During Pregnancy=188

Reconceptualizing Violence Against Pregnant Women / Deborah Tuerkheimer=190

Notes and Questions=193

People v. Taylor=193

Notes and Questions=197

Chapter 5. Translating Battering Experiences into Law=202

Connecticut v. Borrelli=206

Notes and Questions=209

People v. Santiago=212

Notes and Questions=216

Chapter 6. Domestic Violence and Civil Protective Orders=221

State Codes on Domestic Violence : Analysis, Commentary and Recommendations / Barbara Hart=223

Notes and Questions=225

A. Scope of Protection=226

Battered Non-Wives and Unequal Protection Order Coverage : A Call for Reform / Judith A. Smith=228

Notes and Questions=230

Civil Protection Orders : Legislation, Current Court Practice, and Enforcement / Peter Finn ; Sarah Colson=233

Notes and Questions=234

Katsenelenbogen v. Katsenelenbogen=236

Notes and Questions=240

Notes and Questions=242

Domestic Violence Across State Lines : The Full Faith and Credit Clause, Congressional Power, and Interstate Enforcement of Protection Orders / Emily J. Sack=246

Notes and Questions=249

Rios v. Fergusan=251

Notes and Questions=253

B. Issues of Process=255

Domestic Violence Advocates' Exposure to Liability for Engaging in the Unauthorized Practice of Law / Margaret F. Brown=258

Notes and Questions=260

Domestic Violence Matters : The Case for Appointed Counsel in Protective Order Proceedings / Beverly Balos=262

Notes and Questions=264

Mitchell v. Mitchell=266

Notes and Questions=271

Notes and Questions=275

C. Enforcement=278

State v. Lucas=279

Notes and Questions=281

Notes and Questions=289

D. Efficacy=294

Domestic Violence Matters : The Case for Appointed Counsel in Protective Order Proceedings / Beverly Balos=295

Notes and Questions=296

Chapter 7. Domestic Violence and Criminal Justice=301

A. It's a Crime=302

Stalking and Domestic Violence : A Report to Congress United States Department of Justice, Violence Against Women Office, May 2001=310

Notes and Questions=311

B. Police and Arrest Policies=318

Georgia v. Randolph=319

Notes and Questions=324

The Criminal Law of Misdemeanor Domestic Violence, 1970-1990 / Joan Zorza=325

Notes and Questions=330

Wade v. Miles=336

Notes and Questions=338

C. Prosecution Policies=341

People v. Brown=342

Notes and Questions=352

No Right To Choose : Mandated Victim Participation In Domestic Violence Prosecutions / Cheryl Hanna=356

Notes and Questions=358

A House Divided : Mandatory Arrest, Domestic Violence, and the Conservatization of the Battered Women's Movement / G. Kristian Miccio=359

Notes and Questions=361

Vermont v. Brillon=366

Notes and Questions=369

D. Sentencing=372

The Paradox of Hope : The Crime and Punishment of Domestic Violence / Cheryl Hanna=373

Notes and Questions=374

Judicial Responses to Domestic Violence : The Case for a Problem Solving Approach / Judith S. Kaye ; Susan K Knipps=380

Notes and Questions=384

Domestic Violence and Restorative Justice : Answering Key Questions / Lawrence W. Sherman=386

Enhancing Autonomy for Battered Women : Lessons Learned From Navajo Peacemaking / Donna Coker=389

Notes and Questions=391

E. Domestic Violence as a Federal Crime=392

For Better or Worse : The Federalization of Domestic Violence / Michelle W. Easterling=393

Notes and Questions=395

United States v. Dowd=396

Notes and Questions=401

United States v. Hayes=404

Notes and Questions=407

Chapter 8. Evidence in Domestic Violence Cases=413

A. Physical Evidence=413

Notes and Questions=414

B. Statements Made to Law Enforcement=415

Crawford v. Washington=416

Notes and Questions=419

Prosecuting Batterers After Crawford / Tom Lininger=419

Notes and Questions=420

Brief Amici Curiae of the National Network to End Domestic Violence, Indiana and Washington Coalitions Against Domestic Violence, Legal Momentum, et al. in Support of Respondents=421

Brief Amicus Curiae of the American Civil Liberties Union, the ACLU of Washington and the Indiana Civil Liberties Union in Support of Petitioners=422

Davis v. Washington=422

Notes and Questions=429

Giles v. California=434

Notes and Questions=439

C. Prior Acts and Patterns of Abuse=441

State v. Sanders=441

Notes and Questions=443

D. Expert Testimony=444

Arcoren v. United States=447

Notes and Questions=451

Ryan v. State=454

Notes and Questions=457

E. Spouses and Children as Witnesses=459

State v. Thornton=459

Notes and Questions=461

Oregon's Response to the Impact of Domestic Violence on Children / Rachel L. Melissa=462

Notes and Questions=465

F. Statements Made to Medical Professionals=465

United States v. Joe=465

Notes and Questions=468

Chapter 9. Defenses Available to Battered Women Defendants=470

A. Women's Self-Defense Claims : Gender Bias and the Role of Expert Testimony=471

Battered Women and Feminist Lawmaking(2000) / Elizabeth M. Schneider=471

Notes and Questions=474

State of Washington v. Wanrow=476

Notes and Questions=480

State v. Kelly=482

Notes and Questions=488

Battered Women and Feminist Lawmaking(2000) / Elizabeth M. Schneider=492

Notes and Questions=493

People v. Humphrey=494

Notes and Questions=499

State v. Daws=503

Notes and Questions=505

Effective Assistance of Counsel for Battered Women Defendants : A Normative Construct / Sarah M. Buel=506

Notes and Questions=508

B. Battered Criminal Defendants and Alternative Defense Theories=509

Understanding the Connection between Domestic Violence, Crime, and Poverty : How Welfare Reform May Keep Battered Women from Leaving Abusive Relationships / Shelby A.D. Moore=510

Notes and Questions=512

Battered Women Who Act Under Duress / Beth I.Z. Boland=514

Notes and Questions=516

People v. Romero=517

Notes and Questions=520

Dunn v. Roberts=524

Notes and Questions=527

Dixon v. United States=529

Notes and Questions=532

C. Post-Conviction Relief and Clemency=535

Battered Women and Feminist Lawmaking(2000) / Elizabeth M. Schneider=536

Notes and Questions=536

Kosmin v. New Jersey State Parole Board=538

Notes and Questions=541

Lawyering for Social Change : The Power of the Narrative in Domestic Violence Law Reform / Jane C. Murphy=545

Notes and Questions=547

Why Do You Do the Things You Do? Clemency for Battered Incarcerated Women : A Decade's Review / Linda L. Ammons=548

Notes and Questions=552

Chapter 10. Domestic Violence, Divorce, and Custody=553

A. Divorce and the Distribution of Assets=556

For Richer For Poorer : Mothers Confront Divorce(1995) / Demie Kurz=557

Notes and Questions=560

Mehren v. Dargan=566

Notes and Questions=567

B. Setting the Scene to Think About Custody=571

Crows Over A Wheatfield(1996) / Paula Sharp=571

Notes and Questions=576

Domestic Violence and the Danger of Joint Custody Presumptions / Judith G. Greenberg=576

Notes and Questions=578

Domestic Violence, Child Custody, and Child Protection : Understanding Judicial Resistance and Imagining the Solutions / Joan S. Meier=578

Notes and Questions=584

C. Best Interests of the Child=584

Wissink v. Wissink=585

Notes and Questions=588

D. Statutes that Create Presumptions Against Awarding Custody to Batterers=592

Statutes Creating Rebuttable Presumptions Against Custody to Batterers : How Effective Are They? / Nancy K. D. Lemon=592

Notes and Questions=593

Lawrence v. Delkamp=594

Notes and Questions=597

E. Joint Custody and Friendly Parent Provisions=602

Beyond Economic Fatherhood : Encouraging Divorced Fathers to Parent / Solangel Maldonado=604

When Paradigms Collide : Protecting Battered Parents and Their Children in the Family Court System / Clare Dalton=608

Notes and Questions=610

F. Visitation=611

Karjanis v. Karjanis=613

Notes and Questions=616

G. Relocation=622

Relocation Custody Disputes Involving Domestic Violence / Janet M. Bowermaster=624

Notes and Questions=626

Relocation Custody Disputes Involving Domestic Violence / Janet M. Bowermaster=627

Notes and Questions=628

Valentine v. Valentine=631

Notes and Questions=633

Odom v. Odom=636

Notes and Questions=639

Notes and Questions=641

Shelter from the Storm : Using Jurisdictional Statutes to Protect Victims of Domestic Violence after the Violence Against Women Act of 2000 / Deborah M. Goelman=644

Notes and Questions=646

Olguín v. Santana=649

Notes and Questions=655

Chapter 11. Processing Domestic Violence Cases in Family Courts=662

A. The Role of the Guardian Ad Litem in Cases Involving Domestic Violence=662

Notes and Questions=664

Clark v. Alexander=665

Notes and Questions=670

Massachusetts Chapter of the National Association of Social Workers Committee on Domestic Violence and Sexual Assault Preliminary Report of the Guardian ad Litem Assessment Project=673

Notes and Questions=674

B. Expert Witnesses in Domestic Violence Family Law Cases=675

Keesee v. Keesee=676

Notes and Questions=679

C. Mediation in the Context of Abuse=681

The Mediation Alternative : Process Dangers for Women / Trina Grillo=682

The Culture of Battering and the Role of Mediation in Domestic Violence Cases / Karla Fischer ; Neil Vidmar ; Rene Ellis=683

Notes and Questions=689

Revisiting the Impact of California's Mandatory Custody Mediation Program on Victims of Domestic Violence through a Feminist Positionality Lens / Lauri Boxer-Macomber=691

Notes and Questions=694

Burdening Access to Justice : The Cost of Divorce Mediation on the Cheap / Carol J. King=698

Pearson v. District Court=699

Hendershott v. Westphal=701

Notes and Questions=707

D. Parental Education Programs When There Has Been Domestic Violence=711

Necessary Measures and Logistics to Maximize the Safety of Victims of Domestic Violence Attending Parent Education Programs / Victoria L. Lutz ; Cara E. Gady=715

Notes and Questions=717

Chapter 12. Domestic Violence and the Child Protective System=720

Notes and Questions=721

Nicholson v. Williams=724

Notes and Questions=726

A. The Workings of the Child Welfare System=728

"Why Won't Mom Cooperate?" : A Critique of Informality in Child Welfare Proceedings / Amy Sinden=728

Notes and Questions=731

B. How the System Works Against Battered Women=736

In re Glenn G=736

Notes and Questions=740

Nicholson v. Scoppetta=742

Notes and Questions=744

C. Constitutional Issues in Nicholson v. Williams=748

D. Prosecuting Battered Mothers for Failure to Protect=751

Campbell v. State=753

Notes and Questions=756

Mothers Who Fail to Protect their Children / Dorothy E. Roberts=758

Notes and Questions=763

E. Traditional Tensions and New Collaborations=768

Child Protective Services and Domestic Violence / Janet Findlater ; Susan Kelly=768

Building Bridges Between Domestic Violence Organizations and Child Protective Services / Linda Spears=769

Notes and Questions=774

Chapter 13. Domestic Violence and Tort Law=777

A. Interspousal Tort Immunity=778

Domestic Violence, Domestic Torts, and Divorce : Constraints and Possibilities / Clare Dalton=779

Notes and Questions=780

B. Existing Causes of Action=783

Spousal Emotional Abuse as a Tort? / Ira Mark Ellman ; Stephen D. Sugarman=785

Notes and Questions=790

Feltmeier v. Feltmeier=791

Notes and Questions=796

C. Abusers' Defensive Actions to Tort Suits=796

Notes and Questions=799

Giovine v. Giovine=799

Nussbaum v. Steinberg=801

Notes and Questions=804

Feltmeier v. Feltmeier=805

Notes and Questions=808

Celley v. Stevens=810

Notes and Questions=813

D. The Relationship Between Tort Actions and Divorce Proceedings=816

Twyman v. Twyman=817

Notes and Questions=819

Chapter 14. Third Party Liability for Domestic Violence : Law Enforcement, Employers, and Health Professionals=824

A. When Law Enforcement Fails to Protect=825

Thurman v. Torrington=826

Notes and Questions=832

DeShaney v. Winnebago County Dept, of Social Services=835

Notes and Questions=839

Castle Rock v. Gonzales=841

Notes and Questions=848

Burella v. City of Philadelphia=850

Massee v. Thompson=853

Notes and Questions=859

Donaldson v. City of Seattle=862

Notes and Questions=867

B. Domestic Violence at the Workplace=868

Domestic Violence and the Workplace : The Explosion of State Legislation and the Need for a Comprehensive Strategy / Deborah A. Widiss=869

Notes and Questions=872

Dildy v. MBW Investments, Inc.=873

Notes and Questions=876

Carroll v. Shoney's, Inc., d/b/a Captain D's Restaurant=878

Notes and Questions=880

Green v. Bryant=884

Notes and Questions=886

Domestic Violence Practice and Procedure / Isabelle Scott=891

Notes and Questions=894

C. Third Party Liability for Health Professionals=896

McSwane v. Bloomington Hospital and Healthcare Systems=896

Notes and Questions=900

Chapter 15. Domestic Violence, Immigration and Asylum=902

A. The Immigrant Victim of Domestic Violence=903

Options for Immigrant Women of Domestic Violence / Julie Dinnerstein=903

Notes and Questions=905

Notes and Questions=908

Working with Immigrant Victims of Domestic Violence, in Immigration Remedies for Domestic Violence Victims : VAWA Self-Petitions and Battered Spouse Waivers / Julie Dinnerstein=911

Notes and Questions=911

Perfect Victims and Real Survivors : The Iconic Victim in Domestic Human Trafficking Law / Jayashri Srikantiah=914

Notes and Questions=915

B. Asylum=917

In re R-A-=919

Department of Homeland Security's Supplemental Brief in the Matter of L.R.(2009)=930

Notes and Questions=933

Chapter 16. Domestic Violence as a Violation of Civil Rights=936

A. Violence, Equality and Citizenship=938

Reframing Domestic Violence as Terrorism in the Home / Isabel Marcus=938

Notes and Questions=939

Beyond Metaphor : Battered Women, Involuntary Servitude and the Thirteenth Amendment / Joyce McConnell=940

Notes and Questions=942

Toward an Abolitionist Interpretation of the Fourteenth Amendment / Robin West=942

Notes and Questions=945

B. The Civil Rights Remedy Created by the Violence Against Women Act of 1994=946

Statement of the NOW Legal Defense and Education Fund on the Violence Against Women Act / Sally Goldfarb=946

Notes and Questions=952

Violence Against Women and the Persistence of Privacy / Sally Goldfarb=952

Notes and Questions=956

"The Rule of Love" : Wife Beating as Prerogative and Privacy / Reva B. Siegel=959

Notes and Questions=964

United States v. Morrison=965

Notes and Questions=976

C. State Civil Rights Remedies=983

The Civil Rights Remedy of the 1994 Violence Against Women Act : Struck Down But Not Ruled Out / Julie Goldscheid=983

Notes and Questions=986

Chapter 17. Domestic Violence as a Violation of International Human Rights=989

A. Domestic Violence and International Human Rights=990

International Human Rights Dimensions of Intimate Violence : Another Strand in the Dialectic of Feminist Law Making / Rhonda Copelon=990

Opuz v. Turkey=996

Notes and Questions=1000

Jessica Lenahan(Gonzales) et al. v. United States of America=1002

Notes and Questions=1016

B. International Human Rights Documents and Reports on Domestic Violence=1018

The United Nations Special Rapporteur on Violence Against Women, Its Causes, and Consequences, Rashida Manjoo=1019

Notes and Questions=1026

Why America Should Ratify the Women's Rights Treaty / Harold Hongju Koh=1028

Notes and Questions=1030

C. Linking the International to the Domestic=1033

Transnational Law as a Domestic Resource : Thoughts on the Case of Women's Rights / Elizabeth M. Schneider=1033

Notes and Questions=1037

Chapter 18. Doing the Work=1039

A. Representing Clients Who Have Been Abused=1040

Theory and Experience in Constructing the Relationship Between Lawyer and Client : Representing Women Who Have Been Abused / Ann Shalleck=1040

Notes and Questions=1042

Theory and Experience in Constructing the Relationship between Lawyer and Client : Representing Women Who Have Been Abused / Ann Shalleck=1043

Notes and Questions=1048

Trauma and Recovery(1992) / Judith Lewis Herman=1049

Notes and Questions=1054

Notes From the Underground : Integrating Psychological and Legal Perspectives on Domestic Violence in Theory and Practice / Joan S. Meier=1055

Notes and Questions=1057

Client-Centered Interviewing and Counseling Skills / Lois H. Kanter ; V. Pualani Enos=1057

Notes and Questions=1063

B. Legal Advocacy : A Changed and Changing Landscape=1065

Battered Women and the State : The Struggle for the Future of Domestic Violence Policy / Emily J. Sack=1066

Notes and Questions=1071

Effective Assistance of Counsel for Battered Women Defendants : A Normative Construct / Sarah M. Buel=1075

Notes and Questions=1077

Next Time She'll Be Dead : Battering and How to Stop It(2000) / Ann Jones=1083

The Development of Domestic Violence as a Legal Field : Honoring Clare Dalton / Elizabeth M. Schneider ; Cheryl Hanna=1088

Notes and Questions=1089

INDEX=1091