Reconsidering a Private Right of Action under VAWA: How the Media Portrays Violence Against Women and its Effect on Commerce Clause Jurisprudence

Authors

• Lauren Chamberlin, Benjamin N. Cardozo School of Law

Abstract

The note argues that the Violence Against Women Act's (VAWA) private right of action was a valid exercise of Congress's Commerce Clause powers, contrary to the Supreme Court's ruling in United States v. Morrison. It contends that gender-based violence substantially affects interstate commerce and that the Court's decision was influenced by outdated perceptions of such violence as a private matter. The article advocates for the reenactment of the private right of action, emphasizing the need for Congress, the courts, and the states to address the economic and societal impacts of gender-based violence.

Disciplines

Civil Rights and Discrimination | Criminal Law | Criminal Procedure | Entertainment, Arts, and Sports Law | Law | Law and Gender | Legal Remedies

Recommended Citation

Lauren Chamberlin, Reconsidering a Private Right of Action under VAWA: How the Media Portrays Violence Against Women and its Effect on Commerce Clause Jurisprudence, 41 Cardozo Arts & Ent. L.J. 311 (2023).
Available at: https://larc.cardozo.yu.edu/cardozoaelj/vol41/iss1/7