Michal Buchhandler-Raphael's Avatar

Michal Buchhandler-Raphael

@buchhandler.bsky.social

Associate Professor of Law @WidenerLawCW, Criminal law, Family Law, Evidence, writes on gender-based violence, domestic and sexual violence legal reforms, alternatives to policing. An immigrant.

723 Followers  |  326 Following  |  35 Posts  |  Joined: 21.09.2023  |  2.4362

Latest posts by buchhandler.bsky.social on Bluesky

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.

"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....

29.09.2025 16:31 β€” πŸ‘ 1    πŸ” 1    πŸ’¬ 0    πŸ“Œ 0
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.

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.

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 πŸ‘‡

24.09.2025 14:19 β€” πŸ‘ 30    πŸ” 10    πŸ’¬ 1    πŸ“Œ 1
Annual Colloquium on Scholarship in Employment and Labor Law (COSELL) - Seton Hall Law School

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...

19.09.2025 00:31 β€” πŸ‘ 9    πŸ” 4    πŸ’¬ 0    πŸ“Œ 2

Thank you @lsolum.bsky.social for recommending my new piece, Coercive Settlements, recently published with the George Washington Law Review! @templelaw.bsky.social

08.09.2025 12:28 β€” πŸ‘ 11    πŸ” 5    πŸ’¬ 1    πŸ“Œ 0

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.

05.09.2025 01:03 β€” πŸ‘ 5    πŸ” 2    πŸ’¬ 0    πŸ“Œ 0
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.

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.

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

25.08.2025 11:16 β€” πŸ‘ 22    πŸ” 10    πŸ’¬ 0    πŸ“Œ 0
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 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.

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 .

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 tacticsβ€”the stigmatization and public disgrace of the norm violatorβ€”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.

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 tacticsβ€”the stigmatization and public disgrace of the norm violatorβ€”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.

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

18.08.2025 21:44 β€” πŸ‘ 45    πŸ” 11    πŸ’¬ 3    πŸ“Œ 3

It’s sooooooo good, y’all! If I were a law review editor I’d really want to snap this up for publication.

16.08.2025 15:09 β€” πŸ‘ 13    πŸ” 4    πŸ’¬ 2    πŸ“Œ 0

ΧͺΧ•Χ“Χ” Χ¨Χ‘Χ”! ΧΧ‘Χœ אני לא ΧžΧ‘Χ–Χ‘Χ–Χͺ Χ“Χ§Χ” ΧžΧ™Χ•ΧͺΧ¨Χͺ ΧžΧ”Χ—Χ•Χ€Χ©Χ” Χ©ΧœΧ™ Χ‘Χ™Χ©Χ¨ΧΧœ גל Χ–Χ”. אני גל Χ”ΧžΧ˜Χ•Χ‘ ביום Χ©ΧœΧ™Χ©Χ™!βœˆοΈβœˆοΈβœˆοΈΧ”Χ–Χ”.

20.07.2025 00:44 β€” πŸ‘ 0    πŸ” 0    πŸ’¬ 0    πŸ“Œ 0
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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.

16.07.2025 20:50 β€” πŸ‘ 4    πŸ” 1    πŸ’¬ 0    πŸ“Œ 0

It was so great to see you!!!

16.07.2025 00:36 β€” πŸ‘ 1    πŸ” 0    πŸ’¬ 0    πŸ“Œ 0

Second that!!! It was so great to see you, Ben!

16.07.2025 00:35 β€” πŸ‘ 2    πŸ” 0    πŸ’¬ 0    πŸ“Œ 0
Preview
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.

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...

13.07.2025 18:51 β€” πŸ‘ 3    πŸ” 1    πŸ’¬ 0    πŸ“Œ 0

Congratulations, @profnroemer.bsky.social !

26.06.2025 19:16 β€” πŸ‘ 2    πŸ” 1    πŸ’¬ 1    πŸ“Œ 0

Thank you, @SSRN for highlighting my work.
Check it out in the link πŸ‘‡

20.05.2025 18:08 β€” πŸ‘ 4    πŸ” 1    πŸ’¬ 0    πŸ“Œ 0

Thanks so much, Ben!

16.05.2025 02:44 β€” πŸ‘ 0    πŸ” 0    πŸ’¬ 0    πŸ“Œ 0

Excited to share our latest article (with the amazing @jonpenny.bsky.social and @shoreingber.bsky.social) β€œThe 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...

14.05.2025 15:43 β€” πŸ‘ 27    πŸ” 16    πŸ’¬ 0    πŸ“Œ 1
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

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....

15.05.2025 21:55 β€” πŸ‘ 5    πŸ” 1    πŸ’¬ 0    πŸ“Œ 1
Police Minimalism in Domestic Violence – Arizona State Law Journal

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...

13.05.2025 18:26 β€” πŸ‘ 1    πŸ” 0    πŸ’¬ 0    πŸ“Œ 1

Huge congrats on this wonderful accomplishment! I loved reading this terrific paper! πŸŽ‰

23.04.2025 11:33 β€” πŸ‘ 1    πŸ” 0    πŸ’¬ 1    πŸ“Œ 0
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

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....

18.04.2025 14:21 β€” πŸ‘ 110    πŸ” 44    πŸ’¬ 1    πŸ“Œ 1

Loved reading this great paper!

02.04.2025 00:37 β€” πŸ‘ 3    πŸ” 0    πŸ’¬ 1    πŸ“Œ 0
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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!

29.03.2025 16:45 β€” πŸ‘ 2    πŸ” 0    πŸ’¬ 0    πŸ“Œ 0

I am so sorry you endured this abuse, and also so glad that you were able to leave SAFELY (and find happiness)! ❀️

22.03.2025 18:25 β€” πŸ‘ 0    πŸ” 0    πŸ’¬ 0    πŸ“Œ 0

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.

22.03.2025 17:51 β€” πŸ‘ 4    πŸ” 1    πŸ’¬ 1    πŸ“Œ 0

This panel sounds fascinating! πŸ”₯πŸ”₯πŸ”₯

14.03.2025 21:30 β€” πŸ‘ 2    πŸ” 0    πŸ’¬ 0    πŸ“Œ 0
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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 offendersβ€”individuals who committed homicides influenced by domestic abuseβ€”and instead pursue lesser charges.

14.03.2025 12:22 β€” πŸ‘ 6    πŸ” 0    πŸ’¬ 1    πŸ“Œ 0
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Thrilled to share that my latest project, Compassionate Undercharging is forthcoming @UCDavisLRev
I argue that prosecutors should refrain from pursuing murder charges against victimized offendersβ€”individuals who committed homicides influenced by domestic abuseβ€”and instead bring lesser charges.

14.03.2025 12:16 β€” πŸ‘ 2    πŸ” 0    πŸ’¬ 0    πŸ“Œ 0

Congratulations, @noahchauvin.bsky.social that’s wonderful news!!!πŸŽ‰

08.03.2025 09:07 β€” πŸ‘ 2    πŸ” 0    πŸ’¬ 1    πŸ“Œ 0

It’s also the law.

24.02.2025 03:05 β€” πŸ‘ 18    πŸ” 4    πŸ’¬ 0    πŸ“Œ 0

@buchhandler is following 20 prominent accounts