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Michal Buchhandler-Raphael

@buchhandler.bsky.social
839 followers 328 following 50 posts

Professor of Law @WidenerLawCW, Family and Criminal Law intersections, Evidence, family violence & gender-based violence, sex crimes, civilian alternatives to policing. An immigrant.

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Reposted by Michal Buchhandler-Raphael
Widener Law Commonwealth @widenerlawcw.bsky.social · 08/07/2026
Prof. @buchhandler.bsky.social 's research is featured in a new @investigatewest.bsky.social report on "failure-to-protect" laws. Her article "Excusing Abused Parents" argues abused parents deserve a defense when intervening risked more violence. www.investigatewest.org/domestic-vio...
investigatewest.org
Some states protect DV defense in ‘failure to protect’ cases
Parents in eight states can be acquitted if they can show “reasonable fear” of escalating violence
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Reposted by Michal Buchhandler-Raphael
Doron Dorfman @dorfmandoron.bsky.social · 26/06/2026
Happy to comment for @washingtonpost.com on the dangerous effort by anti-vaxxers to weaponize anti-discrimination protections in court. I wrote abt similar attempts to abuse disability law in Disability as Metaphor (Penn L. Rev). papers.ssrn.com/sol3/papers.... www.washingtonpost.com/style/2026/0...
washingtonpost.com
Anti-vaxxers are coupling up on apps for ‘Unjected’ singles
Dating apps are pairing unvaccinated people across the country — and in some cases hosting controversial in-person events.
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Michal Buchhandler-Raphael @buchhandler.bsky.social · 18/05/2026
I am honored and proud to have received the Douglas E. Ray Award Excellence in Faculty Scholarship. I'm incredibly grateful to andré douglas pond cummings, Associate Dean Anna Hemingway and Associate Dean Jill Family and my wonderful colleagues at @widenerlawcw.bsky.social for this recognition.
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Anthony Michael Kreis @anthonymkreis.bsky.social · 15/05/2026
The Supreme Court of Canada recognizes a new common law tort— intimate partner violence— noting the importance to provide a remedy for coercive control and the harms to a intimate partner’s dignity, autonomy, and equality that result. decisions.scc-csc.ca/scc-csc/scc-...
decisions.scc-csc.ca
Ahluwalia v. Ahluwalia - SCC Cases
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Doron Dorfman @dorfmandoron.bsky.social · 29/04/2026
Very honored to be recognized as Researcher of the Year @setonhalllaw.bsky.social @setonhall.bsky.social. 2025–2026 has been an important year, both personally and professionally, and I’m incredibly grateful.
Two men is suits. One holding a plaque
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Michal Buchhandler-Raphael @buchhandler.bsky.social · 28/04/2026
Excited to see Compassionate Charge Reduction published in the @ucdavislaw.bsky.social I advocate for prosecutors to reduce charges brought against victimized offenders in domestic and familial settings whose crimes directly result from their victimization. lawreview.law.ucdavis.edu/archives/59/...
lawreview.law.ucdavis.edu
Compassionate Charge Reduction | UC Davis Law Review
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Michal Buchhandler-Raphael @buchhandler.bsky.social · 17/04/2026
What an inspirational speaker. So important to also talk about victimized males too! Thank you @davidleegarlock.bsky.social
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Reposted by Michal Buchhandler-Raphael
Doron Dorfman @dorfmandoron.bsky.social · 27/03/2026
It was a pleasure to have @edithbeerdsen.bsky.social present her timely and important article, Expert Evidence in Times of Skepticism & Distrust (forthcoming @michlawreview.bsky.social), at today’s @setonhalllaw.bsky.social faculty workshop, sparking an invigorating discussion 🔥🔥🔥
A woman on a podium amid speech in front of an audience of men and women
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Michal Buchhandler-Raphael @buchhandler.bsky.social · 28/03/2026
Such a terrific piece written by my amazing colleague! Congrats, @jillfamily.bsky.social
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Michal Buchhandler-Raphael @buchhandler.bsky.social · 23/03/2026
Feedback welcome! Would love to hear any thoughts on this piece, which is the third installment in a series of papers on victimized offenders in domestic settings.
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Michal Buchhandler-Raphael @buchhandler.bsky.social · 23/02/2026
Congrats, @nilabala.bsky.social Looking forward to reading it!
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Michal Buchhandler-Raphael @buchhandler.bsky.social · 20/02/2026
Huge congrats, @evidenceprof.bsky.social Terrific paper!!! 🎉🎉🎉
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Michal Buchhandler-Raphael @buchhandler.bsky.social · 16/02/2026
So glad to see that this terrific paper has found such a wonderful home! Congrats, @justinnyls.bsky.social ! 🎉
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Michal Buchhandler-Raphael @buchhandler.bsky.social · 03/02/2026
Such a terrific piece! I thoroughly enjoyed reading it! Congrats, @itayravid.bsky.social ! 🎉🎉
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Reposted by Michal Buchhandler-Raphael
Doron Dorfman @dorfmandoron.bsky.social · 26/01/2026
🚨🚨🚨New article with @jennoliva.bsky.social, forthcoming in @uclalawreview.bsky.social Discourse: Veteran Disability Hierarchies. Now on @ssrn.bsky.social! On disability as mitigation in veterans’ treatment courts and the politics of service-connected compensation: papers.ssrn.com/sol3/papers....
papers.ssrn.com
Veteran Disability Hierarchies
American disability law purports to operate on principles of equality, yet it consistently distinguishes between worthy and unworthy disabled individuals based
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Michal Buchhandler-Raphael @buchhandler.bsky.social · 16/01/2026
Huge congrats, @yeargain.bsky.social ! Looking forward to reading! 🎉🎉🎉
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Itay Ravid @itayravid.bsky.social · 26/11/2025
Breaking my partial social-media hiatus w/3 new papers: Missing Children Discrimination (Wis. L. Rev 2025(4)) w/ Tanisha Brown— shorturl.at/5rl86 abstract 👇) Anti-Holistic Algorithms (forth. Vanderbilt L. Rev) (Re)Individualizing Criminal Law (forth. B.C. L. Rev) More soon on SSRN—comments welcome!
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Reposted by Michal Buchhandler-Raphael
John Pfaff @johnpfaff.bsky.social · 25/11/2025
I have a new piece up at @msnownews.bsky.social, on the recent NJ supreme court case banning shaking baby syndrome evidence, using it to discuss both the generally shoddy nature of all forensic evidence but also the legal profession's on-going refusal to confront our current data-driven world.
ms.now
Opinion | New Jersey's ban on 'shaken baby syndrome' claims in court points up a larger problem in the legal system
John Pfaff: The state Supreme Court ruling underscores how thin empirical support is for much of the forensic evidence used in criminal cases.
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Michal Buchhandler-Raphael @buchhandler.bsky.social · 30/10/2025
Such a well-deserved recognition of Professor @maybell.bsky.social ‘s groundbreaking work! Huge congratulations, Dean Romero! 🎉🎉
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Doron Dorfman @dorfmandoron.bsky.social · 28/10/2025
I am just thrilled to have my new article Third-Party Accommodations officially out @michlawreview.bsky.social! The MLR editors were a pleasure to work with and sharing the same volume as @kovarsky.bsky.social & Daniel Fryer is the cherry on top. Read it: repository.law.umich.edu/mlr/vol124/i...
Third-Party Accommodations, Doron Dorfman
Abstract
Does disability rights law impose an obligation on employers, schools, and other places of public accommodation to control the behavior of coworkers, students, or other third parties to accommodate an individual with disabilities? This Article examines that unexplored legal question and shows that the law frequently fails to protect people with disabilities from the choices and behaviors of third parties. Judges often consider these major barriers to access beyond the reach of the Americans with Disabilities Act’s reasonable accommodation mandate. This Article argues that this problem results from improperly imposing the privity paradigm, a doctrine that limits the inquiry about the reasonableness of an accommodation relative to the relationship between the first party (the disabled individual) and the second party (the employer or other entity covered by the Americans with Disabilities Act). Using disability studies, legal theory, and political economy analysis, this Article shows how a narrow interpretation of the reasonable accommodation mandate has failed to adapt to our modern understanding of disability as a complex interaction between the impairment and the social environment. To address the issue, this Article introduces a new theory of third-party accommodations, which would require others to alter or cease behaviors to accommodate an individual with disabilities. This Article then suggests a normative framework that courts can use to analyze cases involving requests for third-party accommodations, including the factors that judges should balance to determine the reasonableness of a request. In highlighting the need to move beyond a constricted interpretation of reasonable accommodation, this Article imagines a new horizon for disability justice.
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Widener Law Commonwealth @widenerlawcw.bsky.social · 20/10/2025
Professor @buchhandler.bsky.social spoke with @pennlive.com about the evidentiary challenges in prosecuting rape cases. She explained that PA law limits the use of other sexual assault evidence, though it can sometimes be admitted to show intent, plan, or lack of mistake. tinyurl.com/2jcrdw9v
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Michal Buchhandler-Raphael @buchhandler.bsky.social · 29/09/2025
"Legal Moralism in Disguise in Child Custody Cases" is forthcoming in Family Law Quarterly (FLQ). Morality hasn’t disappeared from family courts but has taken on new rhetorical forms with courts judging parents’ choices on moral grounds w/o evidence of harm to child. papers.ssrn.com/sol3/papers....
papers.ssrn.com
Legal Moralism in Disguise in Child Custody Cases
<p>Conventional wisdom is that family law has moved away from morality-based decision-making, with moral questions left more to individuals than to the courts.
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Reposted by Michal Buchhandler-Raphael
Doron Dorfman @dorfmandoron.bsky.social · 24/09/2025
Thrilled to be giving a talk on The Limits of the ADA’s Duty to Accommodate @oneillinstitute.bsky.social (@georgetownlaw.bsky.social) & the Georgetown Program in Disability Studies tomorrow (Sep. 25) at 5 pm. If you’re around, please join us. Details below 👇
A poster for the talk: The Limits of the ADA: Exploring the Duty to Accommodate in Law & Society by Doron Dorfman, Thursday, Sep. 25 at 5 pm at the Riggs Library - Healy Hall. ASL interpreted. A photo of a man with dark hair and glasses smiling alongside a photo of signing the ADA into law.
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Doron Dorfman @dorfmandoron.bsky.social · 19/09/2025
Thrilled to be hosting the 20th Annual Colloquium on Scholarship in Labor & Employment Law (COSELL) at Seton Hall Law tomorrow & on Saturday (Sep. 19-20). Over 70 legal scholars come to discuss cutting edge work on work! Check out the program: law.shu.edu/events/annua...
law.shu.edu
Annual Colloquium on Scholarship in Employment and Labor Law (COSELL) - Seton Hall Law School
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Reposted by Michal Buchhandler-Raphael
Gilat Bachar @gilatjbachar.bsky.social · 08/09/2025
Thank you @lsolum.bsky.social for recommending my new piece, Coercive Settlements, recently published with the George Washington Law Review! @templelaw.bsky.social
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Michal Buchhandler-Raphael @buchhandler.bsky.social · 05/09/2025
11 years after the horrific murder of Professor Dan Markel, a brilliant criminal law scholar and a wonderful human being, the woman who orchestrated his killing is finally behind bars. Justice is served. RIP Danny.
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Reposted by Michal Buchhandler-Raphael
Doron Dorfman @dorfmandoron.bsky.social · 25/08/2025
Thrilled to have my work on Third-Party Accommodations (forth. @michlawreview.bsky.social) featured on the Chemical Sensitivity Podcast (@podcastingmcs.bsky.social) that amplifies voices of people with Multiple Chemical Sensitivity (MCS) & research about the illness. Take a listen: shorturl.at/RbT4e
An add for the chemical sensitivity podcast: light green background with a photo of a middle aged man with dark hair with glasses. Stating Professor Doron Dorfman MCS and Third-Party Accommodations.
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Reposted by Michal Buchhandler-Raphael
Doron Dorfman @dorfmandoron.bsky.social · 18/08/2025
Thrilled that my book chapter, "Mask Shaming: On Private Enforcement and Disability Politics," in print as part of the important @nyupress.bsky.social book Regulating the Body: Autonomy, Control, and the Broken Promise of Equality in American Law, ed. by the legendary Austin Sarat & Susanna Lee! 1/3
A calico cat next to a book called Regulating the Body
Autonomy, Control, and the Broken Promise of Equality in American Law Edited by Austin Sarat and Susanna Lee .The cover is black with a statue of lady justice with mask and gloves. A calico cat next to a book called Regulating the Body
Autonomy, Control, and the Broken Promise of Equality in American Law Edited by Austin Sarat and Susanna Lee .The cover is dark grey with a statue of lady justice with mask and gloves. The table of content for the book Regulating the Body Autonomy, Control, and the Broken Promise of Equality in American Law Edited by Austin Sarat and Susanna Lee .Abstract: Wearing face masks has been an important strategy to mitigate the spread of COVID-19. Yet this practice has also been highly politicized since the beginning of the pandemic. In this chapter, I explore how shaming tactics—the stigmatization and public disgrace of the norm violator—have been used to regulate masking. This strategy highlights how mask policies in the U.S. have depended on private enforcement throughout all stages of the pandemic; that is, enforcement by laypeople rather than public entities. I trace this phenomenon through early, top-down mask mandates, to the present moment, after universal mask mandates have been lifted, and masking has shifted to become an individualized disability accommodation. While paying close attention to how norms about mask wearing intersect with gender and race, I highlight dichotomous approaches to private, ideologically-driven, enforcement of public health policy: as the Right has doubled down on shaming people for wearing masks, people in the disability community have reacted by enforcing mask wearing in public spaces and holding people who they see as members of the in-group (activists and allies) accountable. This chapter thus contributes to the legal debate on shaming as a law enforcement tactic, as well as to the understanding of how disability law plays out in everyday life.
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Reposted by Michal Buchhandler-Raphael
Maybell Romero @maybell.bsky.social · 16/08/2025
It’s sooooooo good, y’all! If I were a law review editor I’d really want to snap this up for publication.
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Michal Buchhandler-Raphael @buchhandler.bsky.social · 16/07/2025
Had a terrific time presenting my new project "A Reasonable Fear Defense in Failure-to-Protect prosecutions" at #CrimFest. I advocate for legislatures to adopt an affirmative defense for defendants charged with homicide-by-omission when they reasonably feared escalation of harm if they intervened.
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Michal Buchhandler-Raphael @buchhandler.bsky.social · 16/07/2025
Second that!!! It was so great to see you, Ben!
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Michal Buchhandler-Raphael @buchhandler.bsky.social · 13/07/2025
An amazing honor and recognition for a brave survivor. A role model for all rape and sexual assault survivors. Her courageous choice to waive her anonymity has changed the legal landscape for many survivors of gender-based violence. #StopSexualViolence #MeToo www.bbc.com/news/article...
bbc.com
Gisele Pelicot awarded France's Legion of Honour - BBC News
Pelicot was named knight of the Legion of Honour on a list announced ahead of France's Bastille Day.
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Michal Buchhandler-Raphael @buchhandler.bsky.social · 26/06/2025
Congratulations, @profnroemer.bsky.social !
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Michal Buchhandler-Raphael @buchhandler.bsky.social · 20/05/2025
Thank you, @SSRN for highlighting my work. Check it out in the link 👇
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Danielle Citron @daniellecitron.bsky.social · 14/05/2025
Excited to share our latest article (with the amazing @jonpenny.bsky.social and @shoreingber.bsky.social) “The Chilling Effects of Dobbs” in Florida Law Review. The piece grew out of Jon’s creative study and our broader work together on intimate privacy. Here www.floridalawreview.com/article/1381...
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Michal Buchhandler-Raphael @buchhandler.bsky.social · 15/05/2025
My recent article "Compassionate Undercharging" has just been uploaded on @ssrn.bsky.social ! Highlighting the impact of domestic abuse, it advocates for bringing lesser homicide charges against victimized offenders. #MenendezBrothers papers.ssrn.com/sol3/papers....
papers.ssrn.com
Compassionate Undercharging
<p><span>Undercharging, a common prosecutorial tactic, refers to the strategic pursuit of lesser charges than the law permits. While undercharging is primarily
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Michal Buchhandler-Raphael @buchhandler.bsky.social · 13/05/2025
My Article, "Police Minimalism in Domestic Violence," is now published in the Arizona State Law Journal! @asulaw.bsky.social It advocates for integrating civilian responders into domestic violence emergency responses. The full article is available here: arizonastatelawjournal.org/2025/05/11/p...
arizonastatelawjournal.org
Police Minimalism in Domestic Violence – Arizona State Law Journal
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Michal Buchhandler-Raphael @buchhandler.bsky.social · 23/04/2025
Huge congrats on this wonderful accomplishment! I loved reading this terrific paper! 🎉
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Doron Dorfman @dorfmandoron.bsky.social · 18/04/2025
SCOTUS to hear oral arguments in the Braidwood v. Becerra case on Monday. Want to know more about Section 1557, the preventive health mandate of the ACA, and how stereotypes re prevention creeped into earlier decisions? Read my article Penalizing Prevention: papers.ssrn.com/sol3/papers....
papers.ssrn.com
Penalizing Prevention: The Paradoxical Legal Treatment of Preventive Medicine
Preventive medicine, which includes interventions intended to preempt illnesses before they surface, has long been a priority for furthering public health goals
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Michal Buchhandler-Raphael @buchhandler.bsky.social · 02/04/2025
Loved reading this great paper!
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Michal Buchhandler-Raphael @buchhandler.bsky.social · 29/03/2025
Please join us on Friday, April 4 for our Law Review Symposium on addressing gender-based violence. I’ll present my recent WIP, Compassionate Undercharging, forthcoming in @ucdavislaw.bsky.social!
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Michal Buchhandler-Raphael @buchhandler.bsky.social · 22/03/2025
I study IPV and this post is an important reminder that guns are not the only tool that is used by abusers to kill their partners. Strangulation only takes the use of one’s bare hands.
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Michal Buchhandler-Raphael @buchhandler.bsky.social · 14/03/2025
This panel sounds fascinating! 🔥🔥🔥
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Michal Buchhandler-Raphael @buchhandler.bsky.social · 14/03/2025
Thrilled to share that my latest project, Compassionate Undercharging is now forthcoming @UCDavisLRev I argue that prosecutors should refrain from pursuing murder charges against victimized offenders—individuals who committed homicides influenced by domestic abuse—and instead pursue lesser charges.
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Michal Buchhandler-Raphael @buchhandler.bsky.social · 14/03/2025
Thrilled to share that my latest project, Compassionate Undercharging is forthcoming @UCDavisLRev I argue that prosecutors should refrain from pursuing murder charges against victimized offenders—individuals who committed homicides influenced by domestic abuse—and instead bring lesser charges.
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Jennifer Oliva @jennoliva.bsky.social · 24/02/2025
It’s also the law.
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Jeff Bellin @bellinj.bsky.social · 14/02/2025
Important comment on a pending amendment to Federal Rule of Evidence 801(d)(1)(A) from Colin Miller, a leading expert on wrongful convictions.
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Carissa Byrne Hessick @cbhessick.bsky.social · 14/02/2025
In light of the news that DOJ leadership is forcing career prosecutors to either dismiss the criminal case against Eric Adams or be fired, it seems like a good time to remind everyone that the judge can refuse to dismiss. That rule exists precisely in order to prevent corrupt dismissals.
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