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ABA - Law Student Division

Originally published in Student Lawyer , December 2002 (Vol. 31, No. 4)

Defending Their Lives

Domestic violence issues can crop up in virtually any field of law. That’s why some law students are urging their schools to offer courses and materials on the topic

by Cynthia L. Cooper

When she started law school at the University of Montana, Dixie Grossman knew little about domestic violence. At the time, she seemed an unlikely candidate to take a leading role in incorporating the topic into law curriculums. But a clinical placement at a legal aid program brought Grossman, a 2001 graduate, face to face with the effects of intimate brutality. She soon joined the ranks of law students across the country who are changing the way law schools teach about, and society treats, domestic violence.

“I had no idea how scared a woman could be,” Grossman says of her interactions with clients. “I was never exposed to that level of physical violence.”

Like many students, Grossman was unaware of the pervasiveness of domestic violence, knew nothing about the sweeping developments in the law, and had no concept of how the long tentacles of abuse can slap their way into a huge array of legal concerns.

“There is hardly a field of law—and I really mean that—that isn’t touched by domestic violence,” says Elizabeth Schneider, a professor at Brooklyn Law School and the co-author of a new casebook on the subject. “It’s a wide-ranging and cross-cutting topic that appears in trusts and estates, health law, civil rights, family law, criminal law, even corporations. Lawyers need to be able to identify these issues when they arise.”

The American Bar Association Commission on Domestic Violence agrees. It wants the ABA to adopt a resolution that calls upon all law schools to include domestic violence law within their course offerings and materials. And it’s helping students like Grossman become aware of the issue and do something about it using their legal training.

Grossman’s first encounters with the effects of domestic violence came at Montana Legal Services, where a large percentage of the caseload involved family law. The work suited her aspiration to help low-income rural people like her mother, a one-time sugar beet truck driver in North Dakota who struggled to navigate the legal system while her marriage was ending.

As a student advocate, Grossman met another reality outside her personal experience. One client arrived with a broken nose. The woman explained tearfully that she was living in a pickup truck with her two children as they tried to flee her violent husband. Another client produced a sheaf of police reports and emergency room files, documenting prolonged spousal abuse. This time, instead of attacking her, the batterer had attacked a son, kicking him so hard that another child crawled under a table and called 911.

“I wasn’t prepared,” says Grossman, now a state judge’s clerk in Nevada. “I knew domestic violence happened, but I didn’t know in how many cases. I guess I just got angry.”

Grossman and several students from the Montana Women’s Law Caucus helped the ABA Commission on Domestic Violence bring a regional law school conference to the University of Montana. The conference included a panel discussion on how students can be integral to implementing education about domestic violence at law schools.

Domestic violence is commanding the attention of students across the country, and law schools are responding. More than 70 law schools now have specialized courses, clinics, student-run activities, or symposiums, or they include domestic violence topics in existing classes. Even bar examiners are picking up on the subject: One of six essay questions on a recent Texas bar exam required a thorough analysis of options in a family violence situation.

Nancy Doig, a third-year student at the University of California at Berkeley (Boalt Hall), searched for a law school that taught specifically about domestic violence law. For two years prior to attending law school, she volunteered with “Take Back the Night” programs in her hometown of Sacramento. Domestic abuse was a focus of the anti-violence rallies.

Doig, serving as a media contact, became all too familiar with a menu of mind-boggling statistics: On an average day in the United States, nearly 11,000 women are severely assaulted by their partners; approximately 2 million women a year are the victims of severe assaults by their male partners; and 25 percent of emergency room visits by women are due to partner violence.

And then, Doig heard the stories. “At a community speak-out, a girl, 12 or 14 years old, spoke,” she recalls. “Her mother had been a victim of domestic violence, had escaped the situation, and was now divorced. But the girl described how she was still expected to see her father, a violent man, and how he scared the hell out of her. That made a big impression on me.”

The admissions officers at Boalt Hall arranged for Doig to meet with adjunct professor Nancy Lemon. In 1988, the school had recruited Lemon to teach the first law school class in the country on domestic violence, a three-unit course. The reason: “Students initiated it,” Lemon says. Since then, the class has been a staple in the curriculum, and Lemon also supervises a clinical course. In 1996, she released a critical course book. “We’re continually getting more sophisticated in terms of the content of what we are teaching, more nuanced,” Lemon says.

While commonly thought of as physical battering, domestic violence is defined by a range of behavior patterns in which one partner attempts to control the behavior of the other partner through threats, intimidation, and isolation. Men are not immune from becoming victims, but women are more than six times more likely to be targets. It’s an issue, the ABA commission reports, that cuts across socioeconomic status, neighborhood, and job—whether CEO, entertainment figure, or even lawyer or judge. “Attorneys,” says commission director Bette Garlow, “have as much of an incidence as any other segment of society.”

The law on domestic violence has changed rapidly during the last 30 years, especially with the growth in the numbers of female students and lawyers. Many began to seek solutions to prevent harm. Police intervention and criminal prosecutions of batterers, an early focus, evolved into analyses for redress in civil law, as well, Garlow says.

Today, perplexing legal questions arise:

   Can a person who faces the threat of domestic violence viably consent to a contract, will, mediation agreement, or sale of business?

   What responsibility do employers have to ensure that employees are protected from abusive partners?

   Should doctors be required to report instances of physical violence to authorities?

   Can a housing complex with a zero-tolerance policy toward violence evict the survivor of a domestic assault because, for safety, she called the police?

   Can a victim of domestic violence make a tort claim against police officers who fail to respond to calls for help?

   Are women who are imprisoned after striking back at a batterer acting out of criminal intention—or self-defense?

Increasingly, courts are addressing these questions, and law students are pressing their schools to include them in course studies.

Help has come from the ABA Commission on Domestic Violence, which in the past three years has involved 50 schools in sharing curricular ideas at five conferences like the one held at the University of Montana School of Law. Students and professors have participated.

“The conferences do a lot to put into the marketplace all these enlightened people, in the way that other successful movements in our society—civil rights, diversity—have gotten a real injection of vigor from law schools,” says New Orleans lawyer Judy Perry Martinez, past chair of the ABA commission.

Sarah Buel, an adjunct professor of a domestic violence course and clinic at the University of Texas, has spoken at every conference. A 1990 graduate of Harvard Law School, Buel was an early student proponent for legal education on the topic.

“I certainly bothered enough professors about it,” Buel says. “I kept saying, ‘Why aren’t we hearing about domestic violence in any of our classes?’ It was just unheard of.”

Prior to law school, Buel had been a trainer and nonlawyer advocate on family violence. While in school, she co-founded the Battered Women’s  Advocacy Project, still a thriving law student organization that provides research and legal assistance to abused women and their advocates.

As a professor, Buel attracts overenrolled classes, two-thirds women and one-third men. Despite the difficulty, she begins every course in the same way—by describing what it’s like for her to be a survivor of domestic violence. “I talk about my being a survivor because I want to end the stereotypes and take away the stigma,” Buel says. “Most days, I am so grateful to be alive and that he did not kill me.”

Buel still remembers her first public disclosure of her own abuse. It occurred when she was conducting a training session for police chiefs in 1977. One chief said, “Well, a smart girl like you would never put up with this.” Buel knew how women were commonly blamed for the violence of their abusers. She decided she no longer could maintain silence.

“I explained that I had recently left a violent husband and would be relying on police protection to keep me safe for the rest of my life,” Buel recalls. “The stunned chief replied, ‘Well, I guess if it could happen to you, it could happen to anyone.’” He quickly became an ally in training officers, she adds.

The biggest myth Buel confronts is that a woman need only leave the abuser to gain safety. But studies show that fleeing women are at the highest risk for lethal attacks, she says, and victims also face other imponderables: lack of housing, money, and child care, and constant fear. She turned to teaching in hopes of remedying dismal real-world performances by lawyers. “It’s a burgeoning area of jurisprudence,” Buel says. “It’s also a liability issue, and a lack of knowledge will set students up for malpractice.”

More and more law schools are agreeing. About 40 have clinical programs that address domestic violence as part of a general poverty law caseload or in a specific domestic violence law clinic.

Tulane Law School in New Orleans debuted a domestic violence clinic this fall after law student Jennifer Achilles, now in her third year, began beating a drum to get one opened. Achilles was motivated by a conversation with a former professor, who listened as Achilles described in glowing terms the good deeds of the women’s law association in collecting toiletries and other items for victims in a battered women’s shelter. “She told me: ‘They don’t need your old clothes; they need your legal help,’” Achilles says. “It was a real eye opener.”

Achilles contacted the dean and several professors, beginning a conversation about forming a domestic violence clinic. She researched programs at other schools and, using a model from Northeastern University School of Law, prepared a proposal. Supportive faculty members steered the idea through curriculum discussions, convincing professors of its soundness as educational policy.

Opening in fall 2002, a multidisciplinary clinic enrolled 10 law students, along with students from the graduate school of social work. The goal, according to Jane Johnson, director of the clinical program, is to provide a range of services— “one-stop shopping,” as she calls it. Because domestic violence victims often face a panoply of problems, they can end up with a handful of specialty lawyers. In this clinic, one student lawyer handles all of a client’s civil and criminal legal needs, while a social work student helps the client locate support services and create a confidential safety plan.

Some law schools have clinics that focus more narrowly on specific aspects of domestic violence cases. At the University of Minnesota, for example, students work on prosecuting batterers. In addition to running a domestic violence clinic representing victims at the University of Texas, Buel oversees a program with the business school in which M.B.A. and J.D. students combine to design entrepreneurial projects that can provide financial support to a local battered women’s shelter. Recently, a law student with a penchant for corporate practice researched licenses and regulations for a proposed business plan, while business students helped revamp a thrift shop. “Once the law school takes a leadership role, other schools become interested,” Buel says.

Law schools across the country also offer specialty courses or seminars on domestic violence law. Among the 30 doing so are Boston College of Law, Loyola University Chicago School of Law, Texas Southern University Thurgood Marshall School of Law, and the University of Wyoming. Some schools, such as American University’s Washington College of Law, have sponsored special symposiums on domestic violence, drawing together local and national leaders.

At many law schools, domestic violence issues are filtered into existing courses. At the University of Montana, first-year torts professor Bari Burke introduces questions of remedies for domestic violence, such as whether a divorce action also can include a claim for civil remedies. To inspire creative thinking, the ABA Commission on Domestic Violence publishes hypothetical situations for 15 fields of law. An insurance hypothetical, for example, asks students to analyze the public policy implications of “exceptions” and “coverage” in domestic violence situations.

Student-run advocacy groups also have taken on domestic violence. Doig is active with Stop DV, a group formed by law students at Berkeley in her first year. Last year, the organization invited three law professors to debate inclusion of domestic violence topics in core courses. Since then, one has added them, Doig says. Next semester, Stop DV will open a court watch program, training and coordinating community volunteers to report on how battered women are treated in judicial proceedings.

At Brooklyn Law School, students participate in a Courtroom Advocates Program (CAP), says Chelsea Chaffee, a third-year student who is one of the coordinators. CAP schedules approximately 200 students from several New York City law schools to attend family court and help abuse victims fill out petitions for protection orders, Chaffee says. “It really makes a difference for the women to know all their options and fill in the details before they talk to a judge,” says Chaffee, who in summer law positions has aided abused women and plans to continue when she graduates.

“Most difficult is the actual client interaction, and to hear the women tell their stories,” she adds. “But this is real life. The law affects normal people on a daily basis. As lawyers, we have a responsibility to victims of domestic violence. The legal community can do a lot.”

Things Law Students Can Do

You can take concrete steps to build awareness of domestic violence in your school, according to Laura Stein, senior vice president and general counsel of H.J. Heinz Co. in Pittsburgh and chair of the ABA Commission on Domestic Violence. Here are a few:

Download domestic violence hypotheticals from the ABA web site (www.abanet.org/domviol) and present them to professors.

Collect a list of legal scholars on domestic violence and ask that they be invited to a faculty colloquium.

Encourage your school to develop externship opportunities at a community-based shelter for battered women.

Offer screenings of films and videos on domestic violence, followed by discussions. (You can order a copy of the one-hour PBS documentary “Breaking the Silence: Journeys of Hope” from the ABA by calling 800-285-2221 and asking for product code 317-0320. The video and accompanying discussion guide costs $10 plus $3.95 shipping.)

Ask your law librarian about obtaining the major domestic violence casebooks (Balos and Fellows; Dalton and Schneider; Greenberth, Minow and Roberts; Lemon) and materials from the ABA Commission on Domestic Violence.

Initiate a “Battered Women’s Advocacy Project,” in which law students help abuse victims obtain protective orders.

Approach sympathetic professors about developing a proposal for a domestic violence clinic or seminar.

Invite social workers, police, medical personnel, advocates, and lawyers who deal directly with domestic violence issues to participate in classroom discussions or before student organizations.