Law Commons^™

Exploring Places Of Street Drug Dealing In A Downtown Area In Brazil: An Analysis Of The Reliability Of Google Street View In International Criminological Research, Elenice De Souza Oliveira, Ko-Hsin Hsu

Elenice De Souza Oliveira

This study assesses the reliability of Google Street View (GSV) in auditing environmental features that help create hotbeds of drug dealing in Belo Horizonte, one of Brazil’s largest cities. Based on concepts of “crime generators” and “crime enablers,” a set of 40 items were selected using arrest data related to drug activities for the period between 2007 and 2011. These items served to develop a GSV data collection instrument used to observe features of 135 street segments that were identified as drug dealing hot spots in downtown Belo Horizonte. The study employs an intra-class correlation (ICC) statistics as a measure …

Living Apart Together As A “Family Form” Among Persons Of Retirement Age: The Appropriate Family Law Response, Cynthia Grant Bowman

Cynthia Grant Bowman

As the Baby Boom generation enters retirement age, patterns of living among older persons are beginning to change. Unlike their predecessors, the Baby Boomers lived through the sexual revolution, divorced more easily and more often, and institutionalized new patterns of coupling, such as cohabitation. As a result, the rate of marriage has declined and the percent of the population classified as “single” has gone up. This age cohort has now moved into the sixty-five-plus group and makes up those we think of as the retirement generation, or the “Third Age” group. As longevity has increased and the divorce rate for …

Sham Marriages, Ancillary Powers, And Moral Discourse: Toh Seok Kheng V. Huang Huiqun; Adp V. Adq, Siyuan Chen

Siyuan CHEN

Is marriage an institution (of public morality) or a contract (of private ordering)? In Toh Seok Kheng, the High Court concluded that it was unable to declare a “sham marriage” void just because the motives behind the marriage seemed improper. In ADP, the High Court held that since a void marriage meant there was no marriage to begin with, the “wife” was not entitled to maintenance, and there could not have been any “matrimonial assets” to be divided, unless she had a strong “moral” claim. This piece considers how the aforementioned moral-contractual dichotomy emerges in these cases.

Amendment Of The Abortion Law: Relevant Data And Judicial Opinion

John Noonan

No abstract provided.

New Hampshire Juvenile Sex Trafficking Survivor Urges Representatives To Vote Against Decriminalized Prostitution, Darlene Pawlik, Donna M. Hughes Dr.

Donna M. Hughes

Health And Safety Overregulation, Michael Lewyn

Michael E Lewyn

Denial And Concealment Of Unwanted Pregnancy: "A Film Hollywood Dared Not Do", Susan Ayres, Prema Manjunath

Susan Ayres

The actual cases and two films examined in this essay challenge stock narratives of mothers who deny or conceal unwanted pregnancy as a monster, or a victim, and also challenge "legal norms, logic and structures" pertaining to unwanted pregnancy and neonaticide. This essay draws on films because of their influential power to "reach enormous audiences by combining narratives and appealing characters with visual imagery and technological achievement, ... stir deep emotions and leave deep impressions." For these reasons, Orit Kamir asserts that films are more compelling than "theoretical legal texts or even judicial rhetoric." The two films examined -- Stephanie …

E-Mails, Statutes, And Personality Disorders: A Contextual Examination Of The Processes, Interventions, And Perspectives Of Parenting Coordinators, Sherrill Hayes, Melissa Grady, Helen Brantley

Sherrill W. Hayes

The current study uses a survey instrument to examine parenting coordination through the lens of Bronfenbrenner's Person, Process, Context, Time (PPCT) model. The survey focused on contextual factors such as statutes, local rules, interpersonal characteristics, dynamics of the clients, and background characteristics of parenting coordinators. Responses from a sample of PCs were obtained using list serves and a snowball sampling procedure. Results included the extent to which the parenting coordination process occurs through email and other technology rather than in-person sessions. Mental health disorders and inability to pay were primary barriers to the PC process.

Gay Parenthood And The Revolution Of The Modern Family: An Examination Of The Unique Barriers Confronting Gay Adoptive Parents, Nicholas Arntsen

Nicholas Benedict Arntsen

Abstract: In recent decades, the structure of the American family has been revolutionized to incorporate families of diverse and unconventional compositions. Gay and lesbian couples have undoubtedly played a crucial role in this revolution by establishing families through the tool of adoption. Eleven adoptive parents from the state of Connecticut were interviewed to better conceptualize the unique barriers gay couples encounter in the process adoption. Both the scholarly research and the interview data illustrate that although gay couples face enormous legal barriers, the majority of their hardship comes through social interactions. As a result, the cultural myths and legal restrictions …

The Fundamental Question When Applying The Welfare Principle: "Who Will Be The Better Parent Or Guardian"?, Siyuan Chen

Siyuan CHEN

The welfare principle – that is, when making a custody-related decision, the best interests of the child form the first and paramount consideration – is probably one of the cardinal principles of family law in many common law jurisdictions. While the welfare principle is generally considered a wide concept with no exhaustive definition or list of factors, it is submitted that there is an important question – sometimes neglected or misunderstood – that should actually feature most prominently when applying the welfare principle, particularly when joint or no order custody orders seem impossible. The question is simply that of “who …

Stark Voluntary Self-Referral Disclosure Protocol (Srdp) And Stark Law, Kip Klingman

Kip Klingman

When you’ve made a serious mistake, sometimes it is best to step forward and confess before the government regulators find out on their own. The federal Stark Law, governing physician self-referral, provides a mechanism for voluntary disclosing a violation, but using that option requires a carefully crafted game plan.

Role Of Mothers In The Family, Church And Society, Chinedu Chibueze Ihenetu-Geoffrey

Chinedu Chibueze Ihenetu-Geoffrey

Much of the confusion and misunderstanding with regard to the role of women in the church, family and in society, has to do with the failure of recognizing that the family, like any other institution in society, is influenced by changes taking place in society. The family, like individuals, does not operate in a social vacuum, but in a socio-cultural-historical environment, which changes with time. The role of mothers in today’s world has grown past the traditional and African role of motherhood exemplified by being ‘perpetual housewives’. Their roles now transcend into the society, the church and most importantly, the …

Living Wills In Kansas, Debra M. Sellers, Erin J. Dittman

Debra M. Sellers

A living will allows you to record in writing, what type of care you want at the end of your life, if you have a terminal illness.

Durable Power Of Attorney For Health Care In Kansas, Debra M. Sellers, Erin J. Dittman

Debra M. Sellers

Name a person authorized to make your health care decisions for you, when you are not capable of making decisions for yourself, with a Durable Power of Attorney.

Advanced Directives In Kansas, Debra M. Sellers, Erin J. Dittman

Debra M. Sellers

Advance directives are documents to state how you want to be cared for at the end of your life: durable power of attorney for health care and living will.

Building Democracy In Japan, Mary Alice Haddad

Mary Alice Haddad

How is democracy made real? How does an undemocratic country create new institutions and transform its polity such that democratic values and practices become integral parts of its political culture? These are some of the most pressing questions of our times, and they are the central inquiry of Building Democracy in Japan. Using the Japanese experience as starting point, this book develops a new approach to the study of democratization that examines state-society interactions as a country adjusts its existing political culture to accommodate new democratic values, institutions and practices. With reference to the country's history, the book focuses on …

The Pension Factor: Assessing The Role Of Defined Benefit Plans In Reducing Elder Hardships, Frank Porell, Beth Almeida

Frank Porell

Traditional defined benefit (DB) pension plans have long been an important source of income for elder households seeking to maintain a middle-class standard of living after a lifetime of work. Under traditional DB plans, retirees receive a guaranteed, regular stream of income after retirement that continues until death. The monthly pension benefit is typically based on years of service to the employer, age, and salary history. Retirees also have the option to elect a joint-and-survivor benefit, to ensure that pension payments continue to a surviving spouse. DB plan participation rates among private sector American workers have sharply decreased from about …

Fun With Numbers: Disclosing Risk To Individual Investors, Christian A. Weller

Christian Weller

This paper discusses the need for better information on investment risks. The information should be relevant, concise, and accessible to individual investors. More and better information on factors that are likely to influence an investment’s performance and investors’ decisions should eventually lead to better investment decisions – more savings and higher retirement incomes. This paper presents a number of ways to disclose risk to individual investors. There are three numerical and three visual representations to risk. The discussion centers on the pros and cons of each risk representation. All risk descriptions show relevant information, are concise, and more or less …

States To The Rescue: Policy Options For State Government To Promote Private Sector Retirement Savings, Christian A. Weller, Amy Helburn

Christian Weller

We provide an overview of retirement plan proposals that could be implemented at the state level. All aim to increase participation in retirement savings, mainly by lowering the cost of doing so and possibly by offering some employer or government matches to employee contributions. The proposals vary widely on how much risk employees are exposed to. Some proposals leave most of the risks of saving for retirement – investment, market, and longevity risk – with the employee, while others try to eliminate them all. The tools of risk management range from well-diversified index funds and default investments to required offers …

Promoting Safe Mobility Among Elders By Increasing Awareness Of Vehicle Modifications (Executive Summary), Elizabeth Van Ranst, Nina M. Silverstein, Alison S. Gottlieb

Nina Silverstein

This research project looks at one strategy to address the safety of older drivers, vehicular modifications. Specifically, a video demonstrating low-tech, low-cost features that may alleviate some driving challenges was produced to determine whether viewing the video would increase awareness of and motivation to use those features. Prochaska and DiClemente’s Transtheoretical Model of intentional behavioral change provides the theoretical framework for this study. This model posits five stages of change, a continuum over which the individual becomes more receptive to taking action.

Driving In Massachusetts: When To Stop And Who Should Decide?, Nina M. Silverstein, Jenai Murtha

Nina Silverstein

The purpose of this exploratory research was to assess three stakeholders’ perceptions of the locus of responsibility for driving cessation and identify the criteria that should be included in that decision. The stakeholder groups studied were law enforcement officers, physicians, and the general public age 50 years and older. Defining areas of agreement and disagreement across stakeholders will be valuable for informing policy makers who may be considering statewide or national initiatives. Findings will also be useful for public information and training.

Utilizing The Past To Shape The Future: The Rehabilitation Of Child Soldiers In Darfur, Michael K. Marriott

Michael K Marriott

Child soldiering, an unfortunate reality of war, has become increasingly common in modern warfare. With world attention focused on the genocide taking place in the Darfur region of Sudan, issues regarding the use of child soldiers in the conflict have come to light. By providing an overview of the use of child soldiers both globally and in Sudan, discussing the relevant legal norms theoretically governing the country and providing a case study on Sierra Leone, this paper ultimately provides an analysis and proposed framework for comprehensive programs that could be put into action after cessation of hostilities in an attempt …

Debt, Financial Distress, And Bankruptcy Over The Life Course, Allison L. Mann, Ronald J. Mann

Ronald Mann

This paper examines how the risks of debt, financial distress, and bankruptcy shift over the life course. Comparing parallel data from the 2007 Survey of Consumer Finances and the 2007 Consumer Bankruptcy Project, we analyze use of the bankruptcy process as a product of the distribution of unplanned events, the ability of households to use credit markets to limit the adverse effects of such events, and barriers in access to the bankruptcy system. Our findings suggest two things. One, bankrupt households generally come from the bottom quartiles of the population in assets and income and the top quartile in debt, …

The State-In-Society Approach To Democratization With Examples From Japan, Mary Alice Haddad

Mary Alice Haddad

How does an undemocratic country create democratic institutions and transform its polity in such a way that democratic values and practices become integral parts of its political culture? This article uses the case of Japan to advocate for a new theoretical approach to the study of democratization. In particular, it examines how theoretical models based on the European and North American experiences have difficulty explaining the process of democratization in Japan, and argues that a state-in-society approach is better suited to explaining the democratization process diverse cultural contexts. Taking a bottom-up view of recent developments in Japanese civil society through …

Prostitution Destroys Families, Anonymous In Providence, Donna M. Hughes Dr.

Donna M. Hughes

Life Is Precious, Donna L. Landry, Donna M. Hughes Dr.

Donna M. Hughes

Behavioral Economic Issues In American & Islamic Marriage & Divorce Law, Ryan M. Riegg

Ryan M. Riegg

Plan Your Future With Advance Directives Poster, Debra M. Sellers

Debra M. Sellers

Poster, three pages that define Living Will, Durable Power of Attorney for Health Care.

A Study Of Flexicurity Strategy In Netherlands And Denmark: The Institutional Life-Course Policy Approach, Chih-Lung Huang

Chih-lung Huang

The flexicurity strategy in Netherlands and Denmark, i.e. flexible labour market and the reinforcement of social security institutions, successfully kept the unemployment rate from rising in the 1990s and has drawn attention from social policy scholars. Under the development of flexible labour market and destabilized employment pattern, the agenda of flexicurity strategy has been shifted to strengthen and facilitate the transitions in social security institutions. Drawing on institutional analysis on redistribution of time and income, this paper explores outcomes and development from recent flexicurity reforms. Results show that the working time in Netherlands and Denmark has been redistributed both vertically …

September 11 Attacks And Surviving Same-Sex Partners: Defining Family Through Tragedy, Nancy J. Knauer

Nancy J. Knauer

The September 11 relief efforts present a unique prism through which to view the status of same-sex relationships and to consider which families count when the United States is supposedly at its most generous, most united, and most injured. On a basic human level, would the nation grieve for Peggy Neff, who lost her partner of 18 years when Flight 77 crashed into the Pentagon, as it had for the widow of a fire fighter? Would Neff be eligible to file a claim with the multi-billion dollar federal September 11 Victim Compensation Fund, which Congress established to compensate victims and …