Tag: courts

No Haven In Family Courts For Victims Of Domestic Abuse
SOCIETY

No Haven In Family Courts For Victims Of Domestic Abuse

The #MeToo movement may have shifted the balance of credibility on sexual abuse and harassment at work more toward victims and away from alleged perpetrators. But the same cannot be said regarding men’s violence and abuse at home: In fact, women’s reports of domestic violence are still widely rejected, especially in one critical setting: the family court. When women, children or both report abuse by a father in a case concerning child custody or visitation, courts often refuse to believe them. Judges even sometimes “shoot the messenger” by removing custody from the mother and awarding it to the allegedly abusive father. For instance, courts reject 81% of mothers’ allegations of child sexual abuse, 79% of their allegations of child physical abuse, and 57% of their allegations of partner a...
How Video Evidence Can Be Differently Interpreted In Courts – From Rodney King To George Floyd
SOCIAL JUSTICE

How Video Evidence Can Be Differently Interpreted In Courts – From Rodney King To George Floyd

News media coverage of Derek Chauvin’s trial for the murder of George Floyd highlighted the role of video as a “star witness.” Jurors in this trial saw footage from cellphones, police body cameras, dashboard cameras and surveillance cameras. In his closing arguments, prosecuting attorney Steve Schleicher even told the jurors, “Believe your eyes. What you saw, you saw.” For the past eight years I have been studying the use of video as evidence both in international human rights courts and tribunals and in state and federal courts in the U.S. As a media scholar, I pay close attention to how people interpret video as evidence. One of the things I have found is that the argument “seeing is believing” is not as intuitive as it sounds. ‘Who do you believe?’ On March 3, 1991, a Los Angeles resid...
Could employers and states mandate COVID-19 vaccinations? Here’s what the courts have ruled
HEALTH & WELLNESS

Could employers and states mandate COVID-19 vaccinations? Here’s what the courts have ruled

A safe and effective vaccine could end the coronavirus pandemic, but for it to succeed, enough people will have to get inoculated. Recent polls suggest that the U.S. is far from ready. Most surveys have found that only about two-thirds of adults say they would probably get the vaccine. While that might protect most people who get vaccinated, research suggests it may be insufficient to reach herd immunity and stop the virus’s spread. As a law professor who has written about the legal questions around vaccination laws, employment discrimination and religious exemptions, I see four possible approaches that governments and employers can take to ensure enough Americans are immunized against COVID-19. Which ones are legal might surprise you. Can governments require vaccinations? The most intr...
Bankruptcy courts ill-prepared for tsunami of people going broke from coronavirus shutdown
IN OTHER NEWS

Bankruptcy courts ill-prepared for tsunami of people going broke from coronavirus shutdown

As more Americans lose all or part of their incomes and struggle with mounting debts, another crisis looms: a wave of personal bankruptcies. Bankruptcy can discharge or erase many types of debts and stop foreclosures, repossessions and wage garnishments. But our research shows the bankruptcy system is difficult to navigate even in normal times, particularly for minorities, the elderly and those in rural areas. COVID-19 is exacerbating the existing challenges of accessing bankruptcy at a time when these vulnerable groups – who are bearing the brunt of both the economic and health impact of the coronavirus pandemic – may need its protections the most. If Americans think about turning to bankruptcy for help, they will likely find a system that is ill-prepared for their arrival. It’s a hard...