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united states

ID
1189

U.S. v. Gardner

A grand jury indicted Defendant Gardner (“Defendant”) for alleged participation in a conspiracy to engage in the sex trafficking of a 17-year-old minor female. Defendant was allegedly involved in transporting the minor, collecting money from the minor, and housing the minor between prostitution calls. At Defendant’s detention hearing, the judge released Defendant subject to a bond and other conditions, including a curfew.

U.S. v. Morrison

The Court examined whether the Commerce Clause or the Fourteenth Amendment gave Congress the authority to enact portions of  the Violence Against Women Act ("VAWA") of 1994. In a 5-4 decision, the Court held that Congress lacked the authority to enact portions of the Act that allowed victims of gender-based violence to sue their attackers in federal court rather than state court. The Court held that Congress could not draw on the Commerce Clause for authority because violence against women was not an activity that substantially affected interstate commerce.

U.S. v. Rowland

Rowland was charged in a one-count indictment with possession of a firearm and ammunition after former conviction of a felony. One of the former convictions was sexual battery. The district court determined that the felony of sexual battery under Oklahoma law constituted a crime of violence under the Federal Sentencing Guidelines, and, as such, could be used to enhance his felon in possession of a firearm sentence.

U.S. v. Virginia

The Court was asked to determine the constitutionality of Virginia's decision to only admit men to the Virginia Military Institute (VMI), asking women to instead enroll at the all-women Virginia Women's Institute for Leadership (VWIL). In a 7-1 decision, the Court held that banning women from VMI was in violation of the 14th amendment. The Court held that Virginia had failed to give adequate reasoning for its decision to not admit women, and that women would not receive the same level of instruction at VWIL that they would receive at VMI.

Violence Against Women as a Cause and Consequence of Custody

This paper explores some of the ways in which violence against women relates to the imprisonment of women. It focuses on the role of gender-based violence as a pathway to and consequence of women’s incarceration, as these connections have generally received less attention than violence against women as a prison condition. The paper also considers how these pathways and consequences implicate states’ international law responsibility to eliminate violence against women and offer suggestions for how states might more effectively realize that obligation.

Vongontard v. Tippit

Gregory Vongontard and Misty Tippit broke up after two-and-a-half years of dating.  After the break-up, Gregory began threatening Misty by backing her into walls and corners, calling her names, throwing house keys at her as she attempted to return them to him, calling her numerous times and demanding to know where she was and who she was with, and threatening to “kill the guy” she was dating.  Misty also testified that Gregory had been physically violent on three occasions while they were dating (trying to hit her, pushing her against a wall, and pushing her to the ground). 

Watt v. UniFirst Corp.

After commencing her employment, plaintiff agreed to prepare lunches for a new co-worker in exchange for $25 a week. Plaintiff later stopped providing lunches to the co-worker who in return, became hostile towards her, commencing a pattern of sexual harassment, including lewd comments, uninvited sexual advances, and interference with her ability to work. In keeping with company policy, plaintiff addressed complaints to her supervisor. Although the supervisor met with the co-worker and issued warnings, the harassment continued.

Weiand v. State

In the midst of an abusive marriage, Weiand shot her husband in self-defense. A jury found Weiand guilty of second-degree murder. Weiand appealed, claiming the court had erred by failing to instruct the jury that the duty to retreat did not apply where Weiand was attacked in her own home. Florida law provides that a person may use deadly force in self-defense if she reasonably believes it necessary to prevent imminent death or severe bodily harm. A person is not entitled to use such deadly force in self-defense, where she may safely retreat from harm.

Werth v. Empl. Dep't.

Here, claimant sought judicial review of an order of the Employment Appeals Board that denied her claim for unemployment insurance benefits after finding that claimant failed to establish that her belief that further stalking by a fellow employee would occur was reasonable. Claimant argued that the Appeals Board erred in concluding that she quit her job without good cause after being stalked by a co-worker for several months.

Wilkerson v. Wilkerson

Linett Wilkerson was the widowed third wife of James Wilkerson. Dennis Wilkerson was James’s adult son from his first marriage.  After her husband died, Linett explained to Dennis that she intended to help run one of the family businesses, a golf course.  Dennis became furious.

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