VAWA @ 20: Index

VAWA @ 20 – Index

Introduction – Nishan Bhaumik on the history of the Violence Against Women Act’s passage and reauthorization and the goals of the VAWA @ 20 series.

VAWA After the Party: Implementing Proposed Guidelines on Campus Sexual Assault Resolution – Mary P. Koss and Elise C. Lopez of the University of Arizona on the effect of existing and proposed VAWA guidelines on the process for sexual assault adjudication at institutions of higher education.

Roll Back “Prison Nation” – Donna Coker, Professor of Law at the University of Miami School of Law, on VAWA’s contribution to hyper-incarceration.

Raising the Visibility of the Margins and the Responsibility of Mainstream – Marcia Olivo, Sisterhood of Survivors/Miami Workers Center, and  Kelly Miller, Idaho Coalition Against Sexual & Domestic Violence, on the need to expand VAWA in order to guarantee protections for marginalized communities.

HIV, Violence Against Women, and Criminal Law Interventions – Aziza Ahmed, Associate Professor of Law at Northeastern University School of Law, on HIV/AIDS and the negative consequences of the criminal law approach to sex trafficking.

Art, Violence, and Women – Yxta Maya Murray, Professor at Loyola Law School, on how visual art can inform the feminist legal process.

The Politics of Pretext: VAWA Goes Global – Deborah M. Weissman, Reef C. Ivey II Distinguished Professor of Law, University of North Carolina School of Law, on VAWA International (I-VAWA), Congress’s attempt to expand U.S. influence in the realm of violence against women as a matter of foreign policy.

Building the Knowledge Base: Research Funding through VAWA – Claire M. Renzetti, of the University of Kentucky, Rebecca M. Campbell, of Michigan State University, and Allison Adair, of the University of Kentucky, on the substantial increase in empirical studies of the causes and consequences of violence against women, as well as research on responses to both victims and perpetrators.

Stalled at 20: VAWA, the Criminal Justice System, and the Possibilities of Restorative Justice – Leigh Goodmark, Professor Law at the University of the Maryland Francis King Carey School of Law, on restorative justice and the failure of VAWA to provide abuse survivors with alternative venues for seeking justice.

The Mainstreaming of the Criminalization Critique: Reflections on VAWA 20 Years Later – Mimi E. Kim, Assistant Professor, School of Social Work, California State University, Long Beach, on the troubling collaboration between feminists and the criminal justice system represented by VAWA’s attachment to the Crime Bill of 1994.

VAWA in the Lives of Battered South Asian Women in the United States – Shamita Das Dasgupta, Ph.D., DVS, Manavi, on the experiences of battered South Asian immigrant women under VAWA.

The Gender Justice Movement: The Fullest Expression of the former Battered Women’s Movement, and the Domestic Violence Movement – Tiloma Jayasinghe, J.D., Executive Director, Sakhi for South Asian Women, on the New York City Gender Justice Taskforce and her work leading the Sakhi for South Asian Women, an anti-domestic violence agency.

VAWA and Welfare Reform: Criminalizing the Most Marginalized Women – Ann Cammett, Professor at CUNY School of Law, on how national welfare reform legislation and the rising rate of female incarceration undermined VAWA’s goals for poor women.

Improving Civil Legal Assistance for Ending Gender Violence – Elizabeth L. MacDowell, Associate Professor of Law and Director of the Family Justice Clinic at the William S. Boyd School of Law, University of Nevada Las Vegas, on necessary reforms to VAWA to expand civil remedies for domestic abuse survivors.

A Disappearing Act: The Dwindling Analysis of the Anti-Violence Movement – Kerry Toner on the failure of VAWA to address the complex social phenomenon of domestic violence and the complete experiences of survivors.

Gender Violence and Civil Rights – Julie Goldscheid, Professor, CUNY Law School, on the need for a renewed civil rights initiative in light of Morrison striking down VAWA’s original civil rights remedy.

 

VAWA @ 20: VAWA After the Party: Implementing Proposed Guidelines on Campus Sexual Assault Resolution

Mary P. Koss and Elise C. Lopez
University of Arizona

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The 20th anniversary of the passage of the Violence Against Women Act (“VAWA”) and its reauthorization in 2013[1] merits celebration and marks a time to contemplate the future legislative and policy agenda. This commentary considers the effect of existing and proposed VAWA guidelines on the process for sexual assault adjudication at institutions of higher education. The focus is several documents including the US Department of Education Office of Civil Rights “Dear Colleague Letter”[DCL],[2] DCL clarification,[3] and the Proposed Guidelines for the Violence Against Women Act Reauthorization as disseminated for comment in the Federal Register of June 20, 2014.[4] We aim to establish that taken together, these documents: (1) blur the distinctions between campus misconduct resolution and criminal justice process;[5] (2) lack scholarly analysis of sexual assault justice on campus;[6] and (3) clash with contemporary values and practice standards of student affairs professionals.[7] This commentary identifies enhancements derived from restorative justice principles [RJ] and situates them within misconduct resolution framework while maintaining consistency with DCL and VAWA required elements. RJ offers a range of formats that are relevant to the student body at large as well as to individuals involved in sexual misconduct of varying severity and can be implemented at multiple time points in case processing. We draw upon many sources that collectively express desire for policy guidance that supports evidence-based innovations intended to increase congruence with victims’ perceptions of what constitutes justice, raise the likelihood that offenders will be held responsible by sanctions proportional to the harm done, and augment the extent to which institutional responses deter future sexual misconduct.[8]

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VAWA @ 20: GENDER VIOLENCE AND CIVIL RIGHTS

Julie Goldscheid *

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The civil rights remedy enacted as part of the 1994 Violence against Women Act (VAWA) was widely touted as holding the promise to transform views about gender violence, to fill gaps in existing laws, and to help meet the constitution’s promise of guaranteeing equal protection of the laws. Although the law, which allowed survivors of gender violence to sue the perpetrator for money damages in federal court, had some critics, and although it did not reach as far as its drafters had hoped, many expressed outrage and disappointment when it was struck down by the Supreme Court as unconstitutional in U.S. v. Morrison.[1] Recent statements by Vice President Biden announcing his plan to convene a Summit on Civil Rights and Equal Protection for Women and calling for a new look at a civil rights remedy,[2] remind us that the decision striking the remedy need not end efforts to consider how new and existing civil rights laws and initiatives might advance survivors’ options and shift cultural understandings of abuse.[3]

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Vol. 16.2

Explore the digital version of  Volume 16.2.

Public Interest Practitioners Section (PIPS)

The Continued Marginalization of People Living with HIV/AIDS in U.S. Immigration Law by Cristina Velez, Supervising Attorney of Immigration at the HIV Law Project, a non-profit based in New York City.

Challenging the Practice of Solitary  Confinement in Immigration Detention in Georgia and Beyond by Azadeh Shahshahani, director of the National Security/Immigrants’ Rights project at the American Civil Liberties Union Foundation of Georgia & Ayah Natasha El-Sergany, an attorney based in Seattle, Wash., and 2010 graduate of the University of North Carolina School of Law.

Executive Article

J. McIntyre and the Global Stream of Commerce by Frank Deale, Professor of Law, CUNY School of Law.

Notes & Comments 

Not Guilty By Reason of Gender Transgression: The Ethics of Gender Identity Disorder as Criminal Defense and the Case of PFC. Chelsea Manning by Madeline Porta, J.D. 2013, City University of New York School of Law.

Because Parents Owe it to Them: Accompanied LGBTQ Youth Enforcing the Parental Duty of Support by Maria Roumiantseva, J.D. 2013, City University of New York School of Law and Staff Attorney, The Legal Aid Society, Juvenile Rights Practice.

Event

Work, Work, and More Work: Whose Economic Rights? A conversation between Professors Stanley Aronowitz, Distinguished Professor of Sociology in the Ph.D. Program in Sociology at the CUNY Graduate Center and Director of the Center for the Study of Culture, Technology, and Work & Shirley Lung, Professor of Law, CUNY School of Law and former Executive Director of the Center for Immigrants’ Rights. Moderated by Professor Ruthann Robson, Professor of Law and University Distinguished Professor, CUNY School of Law.