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Full-Text Articles in Law
The Woman Question In Post-Socialist Legal Education, Isabel Marcus
The Woman Question In Post-Socialist Legal Education, Isabel Marcus
Journal Articles
Sex equality—a significant contribution to the international human rights canon—was one of the legitimating principles of socialist states in Eastern Europe and, at least formally, of their post-socialist democratic successors. Why then has the subject been ignored or deeply marginalized in post-socialist legal education? Using socio-legal analysis to establish a legitimation or delegitimation dynamic regarding law in theory and practice in both eras, the author provides answers to this question and suggests various options for reforming post-socialist legal education to provide adequate training in the subject of women’s rights consistent with states’ international and regional human rights obligations.
The Origin Of Parental Rights: Labor, Intent, And Fathers, Dara Purvis
The Origin Of Parental Rights: Labor, Intent, And Fathers, Dara Purvis
Journal Articles
Most theories of parentage fail to explain the genesis of the right to parent - for example, why does a biological relationship generate parental rights? This Article shows that the law of parental rights mirrors theories of acquiring property, and that the law has shifted over time, from favoring a property right based in genetics to a Lockean theory of property rights earned through labor. The growth of Lockean labor-based theories is epitomized in reforms to parentage laws that incorporate functional theories of parenting, meaning that adults who perform caretaking work that creates a significant relationship with children are recognized …
20 Years Of Domestic Violence Advocacy, Collaborations, And Challenges: Reflections Of A Clinical Law Professor, Suzanne E. Tomkins
20 Years Of Domestic Violence Advocacy, Collaborations, And Challenges: Reflections Of A Clinical Law Professor, Suzanne E. Tomkins
Journal Articles
No abstract provided.
Shared Parenting Laws: Mistakes Of Pooling?, Margaret F. Brinig
Shared Parenting Laws: Mistakes Of Pooling?, Margaret F. Brinig
Journal Articles
In their recent paper “Anti-Herding Regulation,” forthcoming in the Harvard Business Review, Ian Ayres and Joshua Mitts argue that many well-intentioned public policy regulations potentially harm rather than help situations. That is, because they seek to pool — or herd — groups of people, treating them as equal, they miss or mask important differences among the regulated, thus magnifying systematic risk. Anti-herding regulation, on the other hand, can produce socially beneficial information, in their words steering “both private and public actors toward better evidence-based outcomes.” Left to their own, or with various carrot-and-stick incentives, some groups, anyway, would instead fare …