This Article identifies an overlooked criminalization gap. While
the existence of a private sphere in which violence is allowed has been formally
repudiated, a subtler form of legal immunity persists. Relationship status-that
is, whether or not a couple is involved in an ongoing relationship-continues to
construct crime. Though physical violence between intimate partners is
categorically outlawed, patterns of controlling behavior that encompass
physical violence may or may not be lawful. These patterns of controlling
behavior are legally permitted when two people are together. Yet these same
patterns become illegal if, and only if, the couple separates. The law thus
prohibits behavior that it permits before the breakup. I call this the de facto separation requirement and offer a conceptual framework that explains its
endurance. On analysis, the differential treatment of pre- and post-breakup patterns cannot be justified.
This came to my attention because i get some email alerts from Hein Online, via the MyHein service. Again, all of this is only for those who have access to Hein, but it can be a useful service, if you can control the number of alerts you subscribe to…:
You can create an eTOC alert for one or more titles which will you send you an email every time the
title(s) you selected have been updated. To do this, browse to a title and click on the Create eTOC Alert
link. You will then receive a message that says the title has been added to your “eTOC alerts”.
What you get is an email with the Table of Contents for the new volume and clickable links to all the articles. Handy, fun, efficient.