The sociological literature on domestic abuse shows that it is more complex than a series of physical assaults. Abusers use “coercive control” to subjugate their partners through a web of threats, humiliation, isolation, and demands. The presence of coercive control is highly predictive of future physical violence and is, in and of itself, also a violation of the victim’s liberty and dignity. In response to these new understandings the United Kingdom has recently criminalized non-violent coercive control, making it illegal to, on two or more occasions, cause “serious alarm or distress” to an intimate partner that has a “substantial effect” on her “day-to-day activities.” Such a vaguely-drafted crime would raise insurmountable due process problems under the U.S. Constitution. Should the states wish to address the gravity of the harms of coercive control, however, this Article proposes an alternative statutory approach. It argues that a state legislature could combine the due process limits to traditionally enterprise-related offenses such as fraud and conspiracy with the goals of domestic abuse prevention to create a new offense based upon the fraud-like nature of coercively controlling behavior. It argues that the most useful legal framework for defining coercive control is similar to that of common law fraud, and that legislatures should adapt the scienter requirements of fraud to the actus reus of coercive control. In so doing, this Article also argues that it is risky for legislatures to punish gender-correlated offenses with specialized legal solutions, rather than recognizing the interrelationship between such offenses and other well-established crimes.

Erin L. Sheley

Duke Law Journal

The first issue of what was to become the Duke Law Journal was published in March 1951 as the Duke Bar Journal. Created to provide a medium for student expression, the Duke Bar Journal consisted entirely of student-written and student-edited work until 1953, when it began publishing faculty contributions. To reflect the inclusion of faculty scholarship, the Duke Bar Journal became the Duke Law Journal in 1957. In 1969, the Journal published its inaugural Administrative Law Symposium issue, a tradition that continues today.    Volume 1 of the Duke Bar Journal spanned two issues and 259 pages. In 1959, the Journal grew to four issues and 649 pages, growing again in 1970 to six issues and 1263 pages. Today, the Duke Law Journal publishes eight issues per volume. Our staff is committed to the purpose set forth in our constitution: to publish legal writing of superior quality. We seek to publish a collection of outstanding scholarship from established legal writers, up-and-coming authors, and our own student editors.

The first issue of the Duke Law Journal was published in March 1951 under the name Duke Bar Journal. It was created to provide a platform for student expression, consisting entirely of student-written and student-edited work until 1953, when faculty contributions were included. To reflect the inclusion of faculty scholarship, the Duke Bar Journal was renamed the Duke Law Journal in 1957. In 1969, the Journal published its inaugural Administrative Law Symposium issue, a tradition that continues today. Volume 1 of the Duke Bar Journal spanned two issues and 259 pages. By 1959, the Journal had grown to four issues and 649 pages, and in 1970 it expanded again to six issues and 1263 pages. Today, the Duke Law Journal publishes eight issues per volume. Our staff is committed to the purpose set forth in our constitution: to publish legal writing of superior quality. We aim to present a collection of outstanding scholarship from established legal writers, emerging authors, and our own student editors.

《Duke Law Journal》的第一期于1951年3月出版，最初名为《Duke Bar Journal》。该期刊旨在为学生提供表达的平台，最初完全由学生撰写和编辑，直到1953年开始接受教师的投稿。为了反映教师学术贡献的纳入，《Duke Bar Journal》于1957年更名为《Duke Law Journal》。1969年，期刊首次出版行政法研讨会特刊，这一传统至今仍在延续。第一卷的《Duke Bar Journal》包含两个期刊，共259页。1959年，期刊增至四期，649页；1970年再次增长至六期，1263页。如今，《Duke Law Journal》每卷出版八期。我们的团队致力于实现宪法中设定的目标：出版高质量的法律写作。我们希望汇集来自成熟法律作家、崭露头角的作者以及我们自己的学生编辑的杰出学术作品。

Category	Quartile
社会学	2
社会学, 法学	2

Criminalizing Coercive Control Within the Limits of Due Process

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