Law Commons^™

The Custody Of Children, Robert C. Brown

Dr Robert Brown

No abstract provided.

Cases Of The Law Of Persons And Domestic Relations, By William E. Mccurdy, Robert C. Brown

Dr Robert Brown

No abstract provided.

Handbook Of The Law Of Persons And Domestic Relations. By Joseph W. Madden, Robert C. Brown

Dr Robert Brown

No abstract provided.

Duress And Fraud As Grounds For The Annulment Of Marriage, Robert C. Brown

Dr Robert Brown

No abstract provided.

Virtual Parentalism, Joshua A.T. Fairfield

Joshua A.T. Fairfield

Parents, not Laws, ultimately protect children both online and offline. If legislation places adults at legal risk because of the presence of children in virtual worlds, adults will exit those worlds, and children will be isolated into separate spaces. This will not improve safety for children. Instead, this Article suggests that Congress enact measures that encourage filtering technology and parental tools that will both protect children in virtual worlds, and protectfree speech online.

North Carolina's Uniform Premarital Agreement Act: A Contract Perspective, Richard A. Lord

Richard A. Lord

This Article will explore the likely impact the Uniform Premarital Agreement Act will have in North Carolina from a contractual perspective. First, the Article provides a thumbnail overview of the Act's provisions. Then, the Article considers the effect of the Act on North Carolina law and practice. Finally, the Article explores some of the more important and basic practical problems caused by the Act and suggests tentative solutions.

Injunctions Against The Opening Of Gas Storage Facilities, Jorge E. De Hoyos Walther

Jorge E De Hoyos Walther

A recent decision from the Mexican Supreme Court, clarified the issued as to whether State Courts may issued injunctions against the opening of gas storage facilities related to the gas pipelines for the distribution of natural gas.

Interdictos En Contra De Contruccion De Ductos De Distribucion De Gas Natural., Jorge E. De Hoyos Walther

Jorge E De Hoyos Walther

Se analiza la más reciente jurisprudencia de la SCJN, referente a los interdictos en contra de construcción de ductos para la distribución de gas natural.

Foundational Myths And The Reality Of Dependency: The Role Of Marriage , Ann Shalleck

Ann Shalleck

No abstract provided.

Roe V. Wade And The Dred Scott Decision: Justice Scalia's Peculiar Analogy In Planned Parenthood V. Casey, Jamin B. Raskin

Jamin Raskin

No abstract provided.

The Marital Home: Equal Or Equitable Distribution?, Martha F. Davis

Martha F. Davis

No abstract provided.

Ain't I A Parent?: Exclusion Of Kinship Caregivers From The Debate Over Expansions Of Parenthood., Sacha M. Coupet

Sacha M Coupet

Kinship caregivers-a group disproportionately populated by persons of color, particularly black grandmothers -have historically assumed parental roles, often together with a legal parent. Yet even as kin have increasingly assumed substantial parental responsibilities over the past few decades, they continue to have limited opportunities to carry the title of legal parent. At the same time, in claims involving stepfamilies and same sex partners of parents, and cases involving assisted reproductive technology (ART), family courts have expanded their definition of parenthood to recognize the rights of other caregivers, including those whose parental claims extend beyond the so-called "rule of two."2 The …

Neither Dyad Nor Triad: Children’S Relationship Interests Within Kinship Caregiving Families., Sacha M. Coupet

Sacha M Coupet

No abstract provided.

Alternative Visions Of The Family: The European Constitutional Perception Of Family Law: Comparison With American Jurisprudence., Allen E. Shoenberger

Allen E Shoenberger

No abstract provided.

Justice For Girls: Are We Making Progress?, Francine Sherman

Francine T. Sherman

Over the course of more than a century, structural gender bias has been a remarkably durable feature of United States juvenile justice systems. Consequently, as these systems have developed over the years, reducing gender bias and addressing girls in helpful, rather than harmful, ways has required specific and concerted efforts on the part of federal and state governments. Currently, there are a number of positive trends in juvenile justice, including policy and practice that is increasingly developmentally centered and data-driven. The question for those focused on girls in the juvenile justice system is how to ensure that girls are the …

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 …

Void Marriages, Maintenance, And Matrimonial Assets, Siyuan Chen, Nicholas Poon

Siyuan CHEN

No abstract provided.

Book Review Of Marital Agreements And Private Autonomy In Comparative Perspective, Siyuan Chen

Siyuan CHEN

This book takes a comparative approach to how 14 jurisdictions from around the world deal with pre-nuptial and post-nuptial marital agreements, particularly in relation to financial relations.

Babies, Parents, And Grandparents: A Story In Two Cases, Karen Czapanskiy

Karen Czapanskiy

No abstract provided.

Disabled Kids And Their Moms: Caregivers And Horizontal Equity, Karen S. Czapanskiy

Karen Czapanskiy

No abstract provided.

The Metamorphosis Of Marriage And Adoption, Sanford N. Katz, Daniel R. Katz

Sanford N. Katz

No abstract provided.

A Tale Of Three Families: Historical Households, Earned Belonging, And Natural Connections, Allison Anna Tait

Allison Anna Tait

Cases targeting family regulation in the 1970s turned, for the first time, on three contrasting and sometimes competing theories of the family: historical households, earned belonging, and natural connections. This Article introduces and defines these three theories and offers a descriptive account of how the theories were used by litigants and the Supreme Court alike to measure discrimination, evaluate the rights of individual family members, and, often, increase household equality. The theory of historical households, developed with great success by Ruth Bader Ginsburg, invoked a Blackstonian family defined by gender hierarchy and the law of coverture, and posited that this …

Profundizando La Igualdad Desde La Orientación Sexual: A Propósito De La Sentencia De La Corte Interamericana De Derechos Humanos Del Caso Karen Atala E Hijas Contra Chile, Beatriz Ramirez, Jeannette Llaja

Beatriz Ramirez

The Proscription Of Incorporated Law Practices (Ilps) In Nigeria: The Legal And Constitutional Issues Arising, Abdullahi Saliu Ishola

Abdullahi Saliu Ishola

This paper critically examines the legality and constitutionality of the provision of Rule 5 sub-rule (5) of the Rules of Professional Conduct for Legal Practitioners, 2007 (the Rules), prohibiting the practice of law in Nigeria as a corporation. The appraisal is done on the scales of the provisions of Sections 40 and 42 of the 1999 Constitution of the Federal Republic of Nigeria, as amended (the Constitution), providing for rights to freedom of association and peaceful assembly and freedom from discrimination, respectively; on one hand, and, Section 18 of the Companies and Allied Matters Act (CAMA), allowing any two or …

The Newest Jim Crow And The Incarceration Of Black Males, Edward Earl Bell

Dr. Edward E. Bell

Black males are in jail. Are "we" to blame? The New Jim Crow is alive.

Shaping Citizenship: Chinese Family Law And Women, Margaret Y. K. Woo

Margaret Y. K. Woo

Current law-and-development literature overwhelmingly urges the privatization of the economy and the establishment of a rule-of-law system, which endows citizens with rights and obligations, with the expectation that democracy and equality will inevitably follow. My research interviewing female Chinese divorce litigants about their experiences in the Chinese court system capture a much more ambiguous effect of Chinese reforms on its citizens' sense of rights and entitlements. This article looks at China's recent legal and economic reforms through the eyes of male and female divorce litigants, and examines the kinds of citizenship rights that are being promoted through the Chinese court …

Adultery By Doctor: Artificial Insemination, 1890–1945, Kara W. Swanson

Kara W. Swanson

In 1945, American judges decided the first court cases involving assisted conception. The challenges posed by assisted reproductive technologies to law and society made national news then, and have continued to do so into the twenty-first century. This article considers the first technique of assisted conception, artificial insemination, from the late nineteenth century to 1945, the period in which doctors and their patients worked to transform it from a curiosity into an accepted medical technique, a transformation that also changed a largely clandestine medical practice into one of the most pressing medicolegal problems of the mid-twentieth century. Doctors and lawyers …

La Inconsistente “Declaración” De Oficio De La Nulidad Del Contrato En El Código Civil Peruano De 1984, Rómulo Morales

Rómulo Martín Morales Hervias

El segundo párrafo del artículo 220 del Código Civil peruano debe interpretarse sistemáticamente en el sentido que el juez puede excepcionar una causal de nulidad del contrato aunque las partes no la invoquen.

Retos Del Derecho De Familia, Enrique Varsi Dr.

Enrique Varsi Rospigliosi

No abstract provided.

Foreword, Francine T. Sherman, William Talley Jr

Francine T. Sherman

No abstract provided.