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282.1 sec. 1 - Domestic Violence Law (Fall 2011)
Instructor: Nancy K.D. Lemon (view instructor's teaching evaluations | profile)
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Meeting Time: Tu 6:25-9:05
Meeting Location: 115
Course Start: August 30, 2011
Course Control Number (Non-1Ls): 49898
This course will examine the legal system's response to domestic violence. Using an interdisciplinary approach, we will cover historical and psychological materials as well as topics in criminal, family, tort, immigration, welfare, and constitutional law. Ethical and policy issues will be included throughout, as will discussion of how domestic violence affects different groups - people of color, disabled women, etc.
Class will include discussion of problems of protective orders, and the efficacy of "mandatory arrest" or "no drop" prosecution policies. In the
realm of family law, the class will consider how domestic violence is or should be taken to account in custody proceedings, examining how alternative dispute resolution methods, such as mediation, work or don't work in the context of domestic violence. The class will also look at interstate custody problems affecting battered women who flee with their children.
The course will consider how traditional intentional torts have applied to domestic violence, and the erosion of interspousal immunity. The liability of police departments and other government bodies for failure to enforce
protective orders or to otherwise act to protect victims of domestic violence will also be an issue. The class will evaluate welfare issues
affecting battered women. The legal rights and problems of immigrant and refugee battered women will also be covered. The pros and cons of medical
personnel reporting domestic violence to police will also be addressed. The class will cover battered women as complaining witnesses and as
defendants, including the claim of self-defense, and the use of expert testimony on the common experiences of victims of domestic violence.
The class will use the small group discussion format. Several guest speakers and DVD's will be included. The class will be graded. A research
paper in lieu of a final exam is possible. No limit on enrollment.
Nancy Lemon also teaches the Domestic Violence Practicum, 295.5Q and 283Q, each semester. While students are allowed to take the Domestic Violence
Law seminar separately from the practicum, they are encouraged to enroll in both courses (first the seminar, then the practicum), and students may
take the practicum multiple semesters. In the practicum, students work in non-profit or government offices around the Bay Area or with Nancy Lemon on policy issues. Topics students work on include prosecution, criminal defense, immigration and asylum law, family law, employment issues, housing, and public benefits. For more information, go to www.law.berkeley.edu/clinics/dvp
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Required Books are in blue
- Domestic Violence Law
Nancy K. D. Lemon
Edition: 3rd Edition
Copyright Date: To Be Determined
Note: prices are sampled from internet bookstores. Folletts prices are unavailable at this time.