Law Commons^™

Stipulations In A Muslim Marriage Contract With Special Reference To Talq Al-Tafwid Provisions In Paksitan, Muhammad Munir Dr.

Dr. Muhammad Munir

This work elaborates the over-technical topic of stipulations in a Muslim marriage contract; explains the various types of stipulations benefiting women and men; explains how and to what extent classical Islamic law is incorporated into statutes of many Muslim states; describes case law of Indo-Pak subcontinent on stipulations based on the doctrine of stare decisis; surveys talaq al-tafwid in Pakistan to ascertain the extent of its practical application by the masses; and explore the role of nikah registrars, who are authorized by the government of Pakistan to solemnize nikah (marriage contract) throughout the country.

The Judicial System Of The East India Company: Precursor To The Present Pakistani Legal System, Muhammad Munir Dr.

Dr. Muhammad Munir

The work discusses how the British East India Company came to the subcontinent for the purpose of trade in 1604 and how it slowly and gradually started interfering in the local justice system by acquiring revenue collection of 38 villages in 1717 near Calcutta. In 1765 the Company was granted revenue collection as well as customs of three provinces. The Company also acquired the administration of justice in the areas under its control and the role of Muslim qadis and judges was over. Company’s officials, who were traders rather than trained judges, were running the court system and the Privy …

Intimacy And Economic Exchange, Jill Elaine Hasday

Jill Elaine Hasday

The current legal debate about the regulation of economic exchange between intimates mistakenly assumes that the law does not countenance such exchange to any notable extent. This assumption is so widely held that it unites otherwise disparate anticommodification and pro-market scholars. Both groups agree that the law maintains a strict boundary between economic exchange and intimacy, and disagree only on whether to applaud or criticize that boundary. Both overlook or underemphasize the degree to which the law already permits economic exchange within intimate relationships.

The current debate's focus on whether the law should enforce economic exchanges between intimates misses at …

Children In Adoptive Families: Overview And Update, Ruth-Arlene W. Howe J.D., Steven L. Nickman M.D., Alan A. Rosenfeld M.D., Paul Fine M.D., James C. Macintyre M.D., Daniel J. Pilowsky M.D., Andre Derdeyn M.D., Mayu Bonoan Gonzales M.D., Sally A. Sveda M.D.

Ruth-Arlene W. Howe

Objective To summarize the past 10 years of published research concerning the 2% of American children younger than 18 years old who are adoptees. Method Review recent literature on developmental influences, placement outcome, psychopathology, and treatment. Results Adoption carries developmental opportunities and risks. Many adoptees have remarkably good outcomes, but some subgroups have difficulties. Traditional infant, international, and transracial adoptions may complicate adoptees' identity formation. Those placed after infancy may have developmental delays, attachment disturbances, and posttraumatic stress disorder. Useful interventions include preventive counseling to foster attachment, postadoption supports, focused groups for parents and adoptees, and psychotherapy. Conclusions Variables specific …

Direito Da Família E Internet: - Infidelidade Virtual: Um Mito Ou Realidade Com Efeitos Jurídicos, Hugo Cunha Lança

Hugo Cunha Lança

No abstract provided.

United States Policy On Enforcement Of Maintenance In International Family Law Matters, Robert Spector

Robert G. Spector

No abstract provided.

Marital Torts: A Survey Of The Current Legal Landscape, Robert Spector

Robert G. Spector

No abstract provided.

The United States Proposals For Applicable Law Rules In The Optional Part Of The New Hague Maintenance Convention, Robert Spector

Robert G. Spector

No abstract provided.

Eyes Wide Shut: Erasing Women's Experience, From The Clinic To The Courtroom, Marybeth Herald, Ellen Waldman

Marybeth Herald

n his decade long exploration of female sexuality, Sigmund Freud professed to be on a mission to answer the elusive question, what do women want. Unfortunately, the 19th century psychiatrist was unable to separate that question from the one he ultimately answered, What do men want women to want? In some sense, Freud's inquiries provide an apt metaphor for the medical professions' stance toward female experience. When confronted with the difference presented by the female body as well as women's unique life experience, the medical field has responded with approaches that range from bemusement to hostility to intense indifference.

Although …

Panelist: Are We Meeting The Needs Of Adolescent Girls?, Francine Sherman

Francine T. Sherman

No abstract provided.

The Jurisprudence Of The Juristic Society: The Law Must Protect And Promote A Social Order Of Obligation, Honor, And Office, Scott Fitzgibbon

Scott T. FitzGibbon

No abstract provided.

Women In Prison In Massachusetts: Maintaining Family Connections, Francine Sherman

Francine T. Sherman

No abstract provided.

The United States Proposals For Applicable Law Rules In The Mandatory Part Of The New Maintenance Convention, Robert Spector

Robert G. Spector

No abstract provided.

Gender And Emotion In Criminal Law, Katharine K. Baker

Katharine K. Baker

No abstract provided.

Engendering Legal History, Felice J. Batlan

Felice J Batlan

No abstract provided.

Domestic Violence And Lawyer Malpractice: Are We Revictimizing Our Clients?, Margaret B. Drew

Margaret B Drew

Many family law attorneys are not qualified to represent survivors of domestic violence. Often the attorneys are not educated on the dynamics of domestic violence or the risks encountered by survivors as they navigate the family court system. Despite the availabilty of domestic violence text books, literature and empirical data, often attorneys fail to understand abuse amd ignore its consequences when recommending remedies for the abuser as well as the survivor client. In doling so, attorneys open themselves to potential malpractice claims. This articles explores some of the ways in which attorneys minimize the impact of abuse on the family …

September 11 Relief Efforts And Surviving Same-Sex Partners: Reflections On Relationships In The Absence Of Legal Recognition, Nancy J. Knauer

Nancy J. Knauer

The criteria established by federal, state, and private relief efforts to assist the families of the victims of the September 11 attacks present a unique opportunity to examine the status of same-sex relationships in the United States. In the absence of uniform relationship recognition, surviving same-sex partners continue to struggle with a loss that legally is not cognizable. The stories from the September 11 survivors illustrate that a surviving partner is a legal stranger, who often must reconfigure her relationship with her partner to fit within the various legal categories where relief or compensation might be forthcoming. These legal categories …

Domestic Torts, Robert Spector

Robert G. Spector

No abstract provided.

A Review Of The Year In Family Law: "Same-Sex" Marriage Issue Dominates Headlines, Robert Spector, Linda Elrod

Robert G. Spector

No abstract provided.

Detention Reform And Girls: Challenges And Solutions: Jdai Pathways To Juvenile Detention Reform #13, Francine Sherman

Francine T. Sherman

This report is part of the Annie E. Casey Foundation Juvenile Detention Alternatives Initiative (JDAI) Pathways to Detention Reform Series. It describes the urgent need for juvenile justice systems to focus on their female populations and presents an overview of the pathways girls take into detention in the United States with a focus on justice system policies and practices that lead to unnecessary and disproportionate detention of girls. It then identifies promising policies, practices, and gender-responsive approaches drawn from JDAI sites, which can reduce girls’ detention and improve their outcomes. The report concludes with systemic strategies to eliminate gender bias …

The Formless City Of Plato's Republic: How The Legal And Social Promotion Of Divorce And Same-Sex Marriage Contravenes The Principles And Undermines The Projects Of The Universal Declaration Of Human Rights, Scott Fitzgibbon

Scott T. FitzGibbon

In the Republic, Plato describes a stage in social decay called “formlessness,” where all sorts of differences are accepted and none is preferred. No one need hold office or obey. People are impatient with all the ties that ought to bind them. Plato's formess city displays three deplorable features. One is the denigration of law and custom. A second is ethical skepticism or nihilism. A third is the repudiation of duty. These features also characterize the divorce culture and the same-sex marriage movement. The Universal Declaration of Human Rights reflects a philosophy quite the reverse of Plato’s formless city. Its …

Maintenance In Private International Law In The United States: Harmonization Of Divergent Rules And The New Hague Maintenance Convention, Robert Spector

Robert G. Spector

No abstract provided.

The Unconstitutionality Of Oklahoma's Statute Denying Recognition To Adoptions By Same-Sex Couples From Other States, Robert Spector

Robert G. Spector

No abstract provided.

Parent Education Programs In Family Courts: Perils And Potential, Shelley M. Kierstead

Shelley M. Kierstead

Taking Account Of Arts In Determining Parenthood: A Troubling Dispute In California, Marjorie M. Shultz

Marjorie M. Shultz

No abstract provided.

Autonomy And End-Of-Life Decision Making: Reflections Of A Lawyer And A Daughter, Ray D. Madoff

Ray D. Madoff

What is the role of autonomy in end-of-life decision making? As a law professor specializing in this field I thought I knew the answer. As a family member facing end-of-life decisions of a loved one, I learned firsthand of the gulf between law and life.