Digital Commons @ UDC Law (University of the District of Columbia Law Library)
Not a member yet
840 research outputs found
Sort by
Insider Speaks Out Alongside Formerly Detained Mothers Seeking Protection in the United States
No full textThe Real Marriage Penalty: How Welfare Law Discourages Marriage Despite Public Policy Statements To The Contrary - And What Can Be Done About It
No full textCouples regularly complain about marriage penalties,\u27 discovering that the tax consequences of marrying make the cost of marriage prohibitive.2 Although attempts were made in the last decade to reduce those penalties for the middle class,3 the poor were not helped by these changes. 4 Along with tax penalties, including low-income wage earners facing severe decreases or becoming entirely ineligible for the Earned Income Tax Credit (EITC) when they marry, the most common penalties reduce or eliminate government benefits upon marriage
Civil Protection Orders: Increased Access and Narrowed Enforcement
No full textThe statute governing civil protection orders in the District of Columbia is the Intrafamily Offenses Act,1 which has been in effect since 1970.2 This statute has been amended frequently over the past 45 years. While some of these changes have been clerical3 or procedural,4 there have also been substantive amendments which, inter alia,significantly expand both who may file for a protection order and what remedies that petitioner may request and receive. Yet this expansion has coincided with an intense scaling back by the judiciary of who can prosecute alleged violations of protection orders. While the statute continues to enable more individuals to seek civil protection orders with increasingly expansive remedies, the courts are proscribing those victims\u27 abilities to have their orders enforced
Prof. Mack\u27s Argument Before the Maryland Court of Appeals in Alexander H. Neustadter, et al. v. Holy Cross Hospital of Silver Spring, Inc.
No full textMirandizing Terrorism Suspects? The Public Safety Exception, the Rescue Doctrine, and Implicit Analogies to Self-Defense, Defense of Others, and Battered Woman Syndrome
No full textThis article argues that in creating the public safety exception to the Miranda requirements, the Supreme Court implicitly analogized to the criminal law doctrines of self-defense and defense of others. Thus, examining the justifications of self-defense and defense of others can be useful in determining the contours of the public safety exception and the related rescue doctrine exception. In particular, the battered woman syndrome -- which is recognized in a majority of the states and has been successfully invoked by defendants in some self-defense cases -- could provide a conceptual analogue for arguments about whether law enforcement officers were faced with an immediate necessity to obtain information that was needed to protect the public safety. Such an analysis could be especially relevant to the debate about withholding Miranda warnings during initial questioning of terrorism suspects
