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- Domestic Relations (7)
- Law and Society (6)
- Marriage (5)
- Women (5)
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- Cohabitation (3)
- Family Law (3)
- Family law (3)
- Filiación, ADN (3)
- Partnerships (3)
- Politics (3)
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- Sexuality and the Law (3)
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- Criminal law (2)
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- Faculty-student amorous relationships (2)
- Filiación (2)
- Institutional liability (2)
- Intimate relationships (2)
- Islamic jus in bello (2)
- Layha for the Mujahideen in Afghanistan, code of conduct for the fighters in Afghanistan, non-state Isalmic actors, Islamic jus in bello, prisoners of war in Islam, non-combatants in Islamic law, types of offences in Islamic law, international humanitarian law and Islamic law (2)
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- Publication
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- Enrique Varsi Rospigliosi (5)
- Sanford N. Katz (4)
- Dr. Muhammad Munir (3)
- Scott T. FitzGibbon (3)
- Beth A. Burkstrand-Reid (2)
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- Elisabeth Keller (2)
- Rómulo Martín Morales Hervias (2)
- Allison Anna Tait (1)
- Beatriz Ramirez (1)
- Brigham A Fordham (1)
- Claudio Fuentes Maureira (1)
- Daniel Kanstroom (1)
- David A. Wirth (1)
- Elena B. Langan (1)
- Hugh J. Ault (1)
- Jennifer S. Prilliman (1)
- Mary Kate Kearney (1)
- Melissa Murray (1)
- Olanike Sekinat Adelakun (1)
- Paul R. Tremblay (1)
- R. Michael Cassidy (1)
- Robert G. Spector (1)
- Sherrill W. Hayes (1)
- Titti Mattsson (1)
Articles 1 - 30 of 38
Full-Text Articles in Law
Corporate Integration, Tax Treaties, And The Division Of The International Tax Base: Principles And Practices., Hugh J. Ault
Corporate Integration, Tax Treaties, And The Division Of The International Tax Base: Principles And Practices., Hugh J. Ault
Hugh J. Ault
In this Article, Professor Ault begins with an examination of the evolution of treaty principles for the allocation of and restrictions on international taxing jurisdiction. He then focuses on how economically based principles dealing with the taxation of international income affect treaty policy and presents the basic structural provisions involving the taxation of foreign income and foreign investors that emerge from domestically enacted or proposed integration systems. The technical aspects of the actual treaty practices that have been implemented with respect to integration systems are then related to the theoretical discussion. Professor Ault concludes with an examination of the implications …
At War With The Environment, David A. Wirth
At War With The Environment, David A. Wirth
David A. Wirth
In this Article, Professor Wirth reviews the book National Defense and the Environment by Stephen Dycus, a recognized expert in both environmental and national security law. The emphasis of the book is on containing and remediating the environmental excesses of the American defense-industrial complex, with a domestic policy focus. While Professor Wirth considers Dycus’ work an intellectually rewarding and refreshing new entry into the ongoing environment-as-security colloquy, he does not consider the book to be accessible to a general audience given the book’s fundamentally legalistic nature.
Consensual Amorous Relationships Between Faculty And Students: The Constitutional Right To Privacy, Elisabeth A. Keller
Consensual Amorous Relationships Between Faculty And Students: The Constitutional Right To Privacy, Elisabeth A. Keller
Elisabeth Keller
Surveys of college students in the United States revealed that a significant number of students thought they had been victims of some form of sexual harassment. Growing awareness of the magnitude, dimensions, and effects of sexual harassment at educational institutions and the potential for institutional liability have prompted educators to adopt policies to avert such problems. The policies typically prohibit sexual harassment of employees and students and alert the university community to the serious effects of sexual harassment and the potential for student exploitation. Some universities have gone beyond establishing regulations directed at widely litigated problems of sexual harassment and …
Consensual Amorous Relationships Between Faculty And Students: The Constitutional Right To Privacy, Elisabeth A. Keller
Consensual Amorous Relationships Between Faculty And Students: The Constitutional Right To Privacy, Elisabeth A. Keller
Elisabeth Keller
Surveys of college students in the United States revealed that a significant number of students thought they had been victims of some form of sexual harassment. Growing awareness of the magnitude, dimensions, and effects of sexual harassment at educational institutions and the potential for institutional liability have prompted educators to adopt policies to avert such problems. The policies typically prohibit sexual harassment of employees and students and alert the university community to the serious effects of sexual harassment and the potential for student exploitation. Some universities have gone beyond establishing regulations directed at widely litigated problems of sexual harassment and …
Professional Ethics In Interdisciplinary Collaboratives: Zeal, Paternalism And Mandated Reporting, Alexis Anderson, Lynn Barenberg, Paul R. Tremblay
Professional Ethics In Interdisciplinary Collaboratives: Zeal, Paternalism And Mandated Reporting, Alexis Anderson, Lynn Barenberg, Paul R. Tremblay
Paul R. Tremblay
In this Article, the authors, two clinical law teachers and a social worker teaching in the clinic, wrestle with some persistent questions that arise in cross-professional, interdisciplinary law practice. In the past decade much writing has praised the benefits of interdisciplinary legal practice, but many sympathetic skeptics have worried about the ethical implications of lawyers working with nonlawyers, such as social workers and mental health professionals. Those worries include the difference in advocacy stances between lawyers and other helping professionals, and the mandated reporting requirements that apply to helping professionals but usually not to lawyers. This Article addresses those concerns …
Criminalizing The Undocumented: Ironic Boundaries Of The Post-September 11th ‘Pale Of Law.’, Daniel Kanstroom
Criminalizing The Undocumented: Ironic Boundaries Of The Post-September 11th ‘Pale Of Law.’, Daniel Kanstroom
Daniel Kanstroom
The general hypothesis put forth in this Article is that well-accepted historical matrices are increasingly inadequate to address the complex issues raised by various U.S. government practices in the so-called “war on terrorism.” The Article describes certain stresses that have recently built upon two major legal dichotomies: the citizen/non-citizen and criminal/civil lines. Professor Kanstroom reviews the use of the citizen/non-citizen dichotomies as part of the post-September 11th enforcement regime and considers the increasing convergence between the immigration and criminal justice systems. Professor Kanstroom concludes by suggesting the potential emergence of a disturbing new legal system, which contains the worst features …
Emerging Models For Alternatives To Marriage, Sanford N. Katz
Emerging Models For Alternatives To Marriage, Sanford N. Katz
Sanford N. Katz
Perhaps one of the most important changes in family law in the past thirty years has been the inclusion of certain kinds of friendships in the range of relationships from which rights and responsibilities can flow. Domestic partnership laws, a phenomenon of the 1990s, may be seen as a natural development from the judicial recognition of contract cohabitation and the legislative and judicial response to same-sex couples who, unable to meet statutory requirements for marriage, have sought official recognition of their relationships. This essay discusses an aspect of certain kinds of domestic partnership laws-their formal requirements and the extent to …
Marriage As Partnership, Sanford N. Katz
Marriage As Partnership, Sanford N. Katz
Sanford N. Katz
In this essay honoring Professor Mary Ann Glendon, the author discusses the contract of partnerships concept of marriage as it applies to antenuptial agreements, cohabitation contracts, and property settlement agreements, the three contexts about which Professor Glendon has written in her books The New Family and the New Property (1981) and The Transformation of Family Law (1996).
New Directions For Family Law In The United States, Sanford N. Katz
New Directions For Family Law In The United States, Sanford N. Katz
Sanford N. Katz
This article provides a survey of one major development in family law in the United States that has occurred during the most recent past. This development is the change that has occurred in marriage-like relationships. The article begins with a discussion of contract cohabitation and the extent to which it reflected a change from traditional views of formal or informal marriage as the only legally acceptable model for adults who desired to live together. It shows how contract cohabitation laid the groundwork for the establishment of domestic partnership laws. These laws were first adopted by municipalities and then by states …
Preserving The Family Through Change For The Sake Of Future Generations, Sanford N. Katz
Preserving The Family Through Change For The Sake Of Future Generations, Sanford N. Katz
Sanford N. Katz
Within the last fifty years, a transformation has taken place in American law. Before then, family relationships, like parent-child relationship, were clearly defined by biology or adoption. Marriage was defined by gender. Marriage certificates and birth certificates evidenced one's legal status. The transformation that has occurred was the legal recognition that took reality into account that relationships can develop without formalities. No longer can it be said that either one is in a certain status or one is not. Marriage-like relationships have been recognized, like civil unions, as well as de facto parenthood. American law has now recognized that marriage …
Reconsidering Spousal Privileges After Crawford, R. Michael Cassidy
Reconsidering Spousal Privileges After Crawford, R. Michael Cassidy
R. Michael Cassidy
In this article the author explores how domestic violence prevention efforts have been adversely impacted by the Supreme Court’s new “testimonial” approach to the confrontation clause. Examining the Court’s trilogy of cases from Crawford to Davis and Hammon, the author argues that the introduction of certain forms of hearsay in criminal cases has been drastically limited by the court’s new originalist approach to the Sixth Amendment. The author explains how state spousal privilege statutes often present a significant barrier to obtaining live testimony from victims of domestic violence. The author then argues that state legislatures should reconsider their spousal privilege …
Fiduciary Relationships Are Not Contracts, Scott Fitzgibbon
Fiduciary Relationships Are Not Contracts, Scott Fitzgibbon
Scott T. FitzGibbon
No abstract provided.
Procreative Justice And The Recognition Of Marriage, Scott T. Fitzgibbon
Procreative Justice And The Recognition Of Marriage, Scott T. Fitzgibbon
Scott T. FitzGibbon
This paper proposes that fully procreatively just affiliations -– the ones which satisfy the criteria developed here -- deserve special support and recognition. It proposes that procreative justice requires such recognition. This paper proposes that it is unjust to conflate and revise the usual categories so as to confuse procreatively just affiliations with other forms. It discusses the harm that ensues.
"Just Like Little Dogs": The Law Should Speak With Veracity And Respect, Scott T. Fitzgibbon
"Just Like Little Dogs": The Law Should Speak With Veracity And Respect, Scott T. Fitzgibbon
Scott T. FitzGibbon
This article proposes veracity and respect as basic guides for law. It thus supplements dominant lines of thought which emphasize instrumentalist criteria such as promoting efficiency, maximizing utility, and deterring and remedying harm. This article proposes that it is a great good for a judge, a legislator, and all who speak as the law to exercise the virtue of veracity and to speak with respect, and that it is especially bad in the case of such legal officers to depart from those practices. It points out some implications for family law.
The Protection Of Civilians In War: Non-Combatant Immunity In Islamic Law War, Muhammad Munir Dr.
The Protection Of Civilians In War: Non-Combatant Immunity In Islamic Law War, Muhammad Munir Dr.
Dr. Muhammad Munir
Islamic law makes a distinction between combatants (those who fight) and non-combatants (those who do not fight) and allows fighting with the former and protection to the latter. The Prophet (PBUH) and his four successors have been issuing instructions to their armies against the killing of civilians. Modern Orientalists rely on Khudduri who has relied on Tabari and who in turn has relied on Waqidi to present a very distorted version of Islamic jus in bello. The work critically evaluates Tabari’s methodology.
Identifying Sperm And Egg Donors: Opening Pandora’S Box, Mary Kate Kearney
Identifying Sperm And Egg Donors: Opening Pandora’S Box, Mary Kate Kearney
Mary Kate Kearney
No abstract provided.
El Manejo De La Incertidumbre Judicial: La Construcción De La Duda Razonable En El Sistema Procesal Penal / Management Of Judicial Uncertainty: The Construction Of The Reasonable Doubt Standard Under The Criminal Procedure System, Claudio Fuentes Maureira
El Manejo De La Incertidumbre Judicial: La Construcción De La Duda Razonable En El Sistema Procesal Penal / Management Of Judicial Uncertainty: The Construction Of The Reasonable Doubt Standard Under The Criminal Procedure System, Claudio Fuentes Maureira
Claudio Fuentes Maureira
The Chilean criminal procedure reform introduced to the Chilean legal culture many foreign institutions. In every case the idea behind it was to change specific behaviours of the old system. One of these institutions was the concept or idea of the standard of proof, mainly the introduction in article 340 of the current Code of Criminal Procedure of the beyond reasonable doubt standard.
The paper explores, ten years after the adoption of the new system, how the the tribunals have understood and incorporated this concept, and specifically the beyond reasonable doubt standard. In terms of methodology the paper focuses, in …
Children And Family Law: A Practitioner's Resource Guide, Jennifer Stevenson Prilliman
Children And Family Law: A Practitioner's Resource Guide, Jennifer Stevenson Prilliman
Jennifer S. Prilliman
No abstract provided.
Realidad De Los Regímenes Patrimoniales Del Matrimonio, Enrique Varsi Dr.
Realidad De Los Regímenes Patrimoniales Del Matrimonio, Enrique Varsi Dr.
Enrique Varsi Rospigliosi
No abstract provided.
Comentarios Acerca De La Reforma De La Ley De Paternidad Extramatrimonial, Enrique Varsi Dr.
Comentarios Acerca De La Reforma De La Ley De Paternidad Extramatrimonial, Enrique Varsi Dr.
Enrique Varsi Rospigliosi
No abstract provided.
Demagogia E Inacción Estatal. Derechos Fundamentales Y La Carga De La Prueba En Los Procesos De Declaración Judicial De Paternidad Extramatrimonial., Beatriz Ramirez
Demagogia E Inacción Estatal. Derechos Fundamentales Y La Carga De La Prueba En Los Procesos De Declaración Judicial De Paternidad Extramatrimonial., Beatriz Ramirez
Beatriz Ramirez
Reforma De La Ley Que Regula El Proceso De Filiación Extramatrimonial, Enrique Varsi Dr.
Reforma De La Ley Que Regula El Proceso De Filiación Extramatrimonial, Enrique Varsi Dr.
Enrique Varsi Rospigliosi
No abstract provided.
Disposición De Fondos De Cuentas Bancarias De Menores De Edad, Enrique Varsi Dr.
Disposición De Fondos De Cuentas Bancarias De Menores De Edad, Enrique Varsi Dr.
Enrique Varsi Rospigliosi
No abstract provided.
Moderno Tratamiento Legal De La Filiación Extramatrimonial, Enrique Varsi Dr.
Moderno Tratamiento Legal De La Filiación Extramatrimonial, Enrique Varsi Dr.
Enrique Varsi Rospigliosi
No abstract provided.
The Layha For The Mujahideen: An Analysis Of The Code Of Conduct For The Taliban Fighters Under Islamic Law, Muhammad Munir Dr.
The Layha For The Mujahideen: An Analysis Of The Code Of Conduct For The Taliban Fighters Under Islamic Law, Muhammad Munir Dr.
Dr. Muhammad Munir
The following article focuses on the Islamic Emirate of Afghanistan Rules for the Mujahideen to determine their conformity with the Islamic jus in bello. This code of conduct, or Layha, for Taliban fighters highlights limiting suicide attacks, avoiding civilian casualties, and winning the battle for the hearts and minds of the local civilian population. However, it has altered rules or created new ones for punishing captives that have not previously been used in Islamic military and legal history. Other rules disregard the principle of distinction between combatants and civilians and even allow perfidy, which is strictly prohibited in both Islamic …
The Layha For The Mujahideen: An Analysis Of The Code Of Conduct For The Taliban Fighters Under Islamic Law, Muhammad Munir Dr.
The Layha For The Mujahideen: An Analysis Of The Code Of Conduct For The Taliban Fighters Under Islamic Law, Muhammad Munir Dr.
Dr. Muhammad Munir
The following article focuses on the Islamic Emirate of Afghanistan Rules for the Mujahideen to determine their conformity with the Islamic jus in bello. This code of conduct, or Layha, for Taliban fighters highlights limiting suicide attacks, avoiding civilian casualties, and winning the battle for the hearts and minds of the local civilian population. However, it has altered rules or created new ones for punishing captives that have not previously been used in Islamic military and legal history. Other rules disregard the principle of distinction between combatants and civilians and even allow perfidy, which is strictly prohibited in both Islamic …
Understanding Conflict Resolution From The Inside Out Or Why 800 Pound Gorillas Aren’T Great Mediators, Sherrill W. Hayes
Understanding Conflict Resolution From The Inside Out Or Why 800 Pound Gorillas Aren’T Great Mediators, Sherrill W. Hayes
Sherrill W. Hayes
Polygamy, Publicity, And Locality: The Place Of The Public In Marriage Practice, Allison Anna Tait
Polygamy, Publicity, And Locality: The Place Of The Public In Marriage Practice, Allison Anna Tait
Allison Anna Tait
A detailed reading of the Mormon plural marriage case of Holm v. Utah uncovers the significant role that visual indicators play in modern marriage law and generates a set of initial questions about the relationship between marriage practice and public performance. Traditional publicity requirements, such as endowment at the church door, wedding banns, and wedding announcements, all confirm the historical role and importance of publicity in marriage regulation and wedding ritual. Publicity requirements serve multiple purposes – evidentiary, status-granting, accountability enabling – and also highlight the importance of community, audience and locality to marriage status. The local is particularly important …
"Trophy Husbands" And "Opt-Out" Moms, Beth A. Burkstrand-Reid
"Trophy Husbands" And "Opt-Out" Moms, Beth A. Burkstrand-Reid
Beth A. Burkstrand-Reid
Women were not the only ones opting out. Nearly one year before The New York Times in its article “The Opt-Out Revolution” showcased highly educated, upwardly mobile women opting out of paid work for the lure of staying at home, Fortune magazine had already reported that some men, which it coined “trophy husbands,” had been doing the same. “Trophy husbands” were presented as leaving paid work by choice, like their later opt-out counterparts. Opt-out moms and trophy husbands—as described in these two germinal stories—have much in common. While, on the surface, the actions of these mothers and fathers may have …
Disability And Designer Babies, Brigham A. Fordham
Disability And Designer Babies, Brigham A. Fordham
Brigham A Fordham
If deaf parents purposely use new genetic technologies to give their child the genes for deafness, have the parents harmed the child? This and similar questions regarding parents who make genetic choices in favor of disability have preoccupied much of the scholarship regarding new artificial reproductive technologies. Some have argued that we should determine whether a child has been harmed by pondering whether the child's "right to an open future" has been violated by the parents' genetic intervention. If that right is violated, some say, the parents should be subject to tort liability for inflicting a harm upon the child. …