Activism / December 14, 2023

When Women Fought Back: Holly Maguigan’s Legacy in the Law

Her work forced the law to embrace a feminist conception of danger, threat, and defending yourself and your family.

Katherine Franke
Holly Maguigan stands at a podium smiling, giving a speech.
Holly Maguigan, a celebrated feminist activist, lawyer, and law professor, died last month. (Sam Hollenshead / New York University Photo Bureau)

Most lawyers dream of winning a big case, perhaps someday arguing before the Supreme Court, or getting their picture in the The New York Times when they’re standing on the courthouse steps demanding justice for their client. Few ever imagine that their work will completely revolutionize the law’s approach to a pressing social problem. But that’s what Holly Maguigan did.

A feminist activist, lawyer, and law professor, Maguigan began practicing criminal defense and civil rights law in Philadelphia in the 1970s when domestic violence was treated as a private matter, undeserving of the law’s attention or concern. Only when women fought back against their abusers did the law take notice, treating them as hysterical man-hating killers who deserved the full opprobrium of the criminal law, while their abusers were portrayed as innocent victims.

Holly’s life’s work was devoted to changing that script, illuminating the pervasiveness of intimate partner violence, and convincing courts to take a feminist approach to cases where survivors fought back. Holly insisted to judges and juries that her clients were acting rationally and in legitimate self-defense, and not because they suffered from a kind of “battered women’s syndrome,” as some would call it. Maguigan’s work pioneered the concept that survivors of intimate partner violence were not sick or mentally ill (or suffering from a “syndrome”), but rather acting rationally and reasonably to defend themselves.

Current Issue

Cover of April 2025 Issue

Prior to Maguigan’s advocacy, the law of self-defense assumed a scenario in which one guy was jumped by another guy on the street outside a bar. The legal concepts of “imminent danger,” “reasonable threat,” and when the law would excuse inter-personal violence all rested on a masculine view of the world. Maguigan forced the law to embrace a feminist conception of danger, threat, and defending yourself and your family that centered the experiences of women who had endured unrelenting, daily abuse from a spouse or partner, not in a bar room, but in the home. She urged lawyers and advocates to move beyond the reductive confines of so-called battered women’s syndrome to explain the impact of intimate violence without appearing to pathologize women and deny their capacity to act rationally in the face of routine violence in their lives.

Holly came into this work at a time when many domestic violence advocates built alliances with prosecutors, and saw defense attorneys as the enemy. Sue Osthoff, co-founder of the National Clearinghouse for the Defense of Battered Women, describes this time so well: “Back then, most anti-DV programs were working hard to get the police to arrest (batterers) and with prosecutors trying get them to throw the book at the batterers. Most anti-DV advocates saw defense attorneys as those (icky) men (they were mostly men then) who (unfairly!) defended rapists and batterers. Then they met Holly or heard her speak! Holly’s work defending victims of battering charged with crimes and her training programs for anti-DV advocates were critical in opening up anti-DV advocates’ hearts and minds about criminal defense attorneys and defendants’ rights generally.”

After serving as a public defender and then practicing law with a prominent civil rights firm in Philadelphia, in 1987 she joined the faculty at NYU Law School, educating scores of future lawyers. One of Holly’s remarkable qualities was her humility, marked by an unwavering commitment to principle, accompanied by a willingness to revisit and reassess the wisdom of positions she had taken in the past—a capacity that was rare then and has become even more hard to find in our current polarized and adamant political times. In a lecture about domestic violence in 2012 she said, “Twenty years ago I was convinced I asked the right questions and had the right answers…. Today I have only questions.”

The Nation Weekly

Fridays. A weekly digest of the best of our coverage.
By signing up, you confirm that you are over the age of 16 and agree to receive occasional promotional offers for programs that support The Nation’s journalism. You may unsubscribe or adjust your preferences at any time. You can read our Privacy Policy here.

Holly Maguigan died on November 15, surrounded by her husband, Abdeen Jabara, her daughter, Miranda Tully, and close friends. With her passing we lost one of the most influential feminist advocates, teachers, and mentors of a generation. I knew Holly as a colleague and a friend, and always teach her writing on domestic violence and the law of self-defense in my class on Gender Justice. I invited those who knew her and her work best to offer remembrances of Holly’s mark on them and the world.

Sue Osthoff, cofounder of the National Clearinghouse for the Defense of Battered Women in Philadelphia: “Her smarts, humor, and her abilities to push people to think better, smarter and harder helped to transform the anti-dv movement. She was a bridge builder—between anti-DV advocates and defense attorneys as well as between scholars and practicing attorneys and between students and criminal defense. Holly was a champion of the powerless and other low-power people (victims of battering fitting into that group). Her understanding of power dynamics was more honed and integrated into her whole way of being, thinking, and doing than any white person I know (or knew). Holly changed my life in so many ways. It’s clear that I am only one of the people whose life was better because Holly was in it.”

Helen Hershkoff, Herbert M. and Svetlana Wachtell Professor of Constitutional Law and Civil Liberties, and codirector of the Arthur Garfield Hays Civil Liberties Program, NYU Law School: “Holly was one of the most, if not the most, preeminent scholars of domestic violence. When she entered the field, most criminal law scholars accepted the existence of something called battered woman syndrome, popularized in movies like The Burning Bed, which relied upon psychological theories of learned helplessness. Holly quickly saw that the problem was not that abused women had pathological personalities. The problem was that power was pathologically distributed, and abused women didn’t have enough of it. Holly became the most cited scholar in the field, and through her work with NYU’s comparative law clinic, exerted far-reaching international influence, especially in India and at the United Nations.”

Shamita Das Dasgupta, PhD, cofounder of Manavi, an Organization for South Asian Survivors in New Jersey: “I learned from Holly that when something is not working (e.g., punishment to stop battering), ratcheting it up is futile. In such a case, it is important to look for a different solution that might circumvent the legal system totally. She was a lawyer’s lawyer, a teacher’s teacher. Oh, I am going to miss her so much. The movement has lost an amazing champion.”

Jules Epstein, Edward D. Ohlbaum Endowed Term Professor, Director of Advocacy Programs, Temple Beasley School of Law: “Holly was exceptional in the courtroom, and always with a tiny smile on her lips. She once explained the “gnat” theory of litigation: Be the gnat biting the cattle and then quickly dashing off as it swings its tail, only to sting again (and again and again). And in the world of the defense of victims of battering who then are charged criminally, she was a national leader and fearless advocate.”

Ellen Yaroshefsky, Howard Lichtenstein Distinguished Professor of Legal Ethics, Maurice A. Deane School of Law at Hofstra University: “Holly was a role model for women criminal defense lawyers. There were so few of us around the country. Our battered women’s work was collaborative and groundbreaking. She was forever joyful with a knowing smile and terrific smarts when she said “The goal and reward is to get a jury to put NOT and GUILTY in the same sentence.” She was a dogged defense lawyer who reminded generations “You cannot build social justice off the backs of indigent black and brown defendants.” Wise woman. Great friend.”

Julie Goldscheid, Professor of Law, CUNY Law School: “Holly’s passing is a huge loss, but her contributions will live on. Her teaching, advocacy and scholarship has been particularly impactful in helping to shape how courts analyze self-defense claims by intimate partner survivors who face charges because of their use of violence against their abuser. She focused on increasing access to fair trials and insisted that legal definitions must be grounded in the lived experience of survivors and that definitions of self-defense not be used to pathologize or essentialize survivors. Her work was groundbreaking and will resonate for generations. Her voice will be sorely missed.”

Support independent journalism that exposes oligarchs and profiteers


Donald Trump’s cruel and chaotic second term is just getting started. In his first month back in office, Trump and his lackey Elon Musk (or is it the other way around?) have proven that nothing is safe from sacrifice at the altar of unchecked power and riches.

Only robust independent journalism can cut through the noise and offer clear-eyed reporting and analysis based on principle and conscience. That’s what The Nation has done for 160 years and that’s what we’re doing now.

Our independent journalism doesn’t allow injustice to go unnoticed or unchallenged—nor will we abandon hope for a better world. Our writers, editors, and fact-checkers are working relentlessly to keep you informed and empowered when so much of the media fails to do so out of credulity, fear, or fealty.

The Nation has seen unprecedented times before. We draw strength and guidance from our history of principled progressive journalism in times of crisis, and we are committed to continuing this legacy today.

We’re aiming to raise $25,000 during our Spring Fundraising Campaign to ensure that we have the resources to expose the oligarchs and profiteers attempting to loot our republic. Stand for bold independent journalism and donate to support The Nation today.

Onward,

Katrina vanden Heuvel

Editorial Director and Publisher, The Nation

Katherine Franke

Katherine Franke is the James L. Dohr Professor of Law at Columbia University and serves on the Board of Palestine Legal.

More from The Nation

Mario Savio, a leader of the University of California Free Speech Movement, center, with Jack Weinberg and Susan Goldberg and other arrested demonstrators during their trial, Berkeley, California, 1965.

America Needs a New Free Speech Movement America Needs a New Free Speech Movement

Donald Trump is showing us what an unaccountable class of corporate decision-makers looks like—and it looks like a lot of fear, and a terrible loss of freedom.

Zephyr Teachout

During a protest against US policies regarding Israel and Palestine outside the American Institute in Taiwan in Taipei on March 7, 2024, demonstrators from the Taiwan Action Front for Palestine display portraits of Aaron Bushnell, a 25-year-old active-duty member of the US Air Force who set himself on fire outside the Israeli Embassy in Washington, DC.

What Aaron Bushnell Is Still Teaching Us What Aaron Bushnell Is Still Teaching Us

His protest was both a rejection of the idea that human life is expendable and an acknowledgment that, for so many, it already has been.

Riad Alarian

Twenty-six years ago, the St. Pat's for All parade in Queens, New York, began as a response to the exclusion of Irish LGBTQ communities from the Fifth Avenue parade. Now it welcomes Irish and Irish American solidarity with Palestinians.

There’s Another St. Patrick’s Day Parade in New York—and This One Stands Up to Trump There’s Another St. Patrick’s Day Parade in New York—and This One Stands Up to Trump

The St. Pat’s for All parade started when the more famous Fifth Avenue parade barred queer groups. Twenty-six years later, it welcomes Palestinian solidarity organizations.

Phoebe Grandi

Police officers remove members of Act-Up, who have staged a sit-in inside the hallway of the New York State Capitol in Albany.

We Need to Turn Our Outrage Way Up We Need to Turn Our Outrage Way Up

This is no time to sit idly by. People’s lives are at stake. We have to put our bodies on the line.

Gregg Gonsalves

Columbia University Mahmoud Khalil Protest

Mahmoud Khalil’s Detainment Won’t Stop the Pro-Palestine Student Movement Mahmoud Khalil’s Detainment Won’t Stop the Pro-Palestine Student Movement

The reverberations of Khalil’s arrest are being felt beyond Columbia University’s campus.

StudentNation / Lara-Nour Walton

Mahmoud Khalil, a student negotiator during the protests at Columbia University against the Gaza genocide, speaks to the press on April 29, 2024.

Mahmoud Khalil Is the First Activist to Be Disappeared by Trump Mahmoud Khalil Is the First Activist to Be Disappeared by Trump

The detention and attempted deportation of Khalil is a test by Trump to see how far he can go—and a test for us to see how hard we will fight back.

Laura Jedeed