Law Commons^™

In Loco Aequitatis: The Dangers Of "Safe Harbor" Laws For Youth In The Sex Trades, Brendan M. Conner

Brendan M. Conner

Salvaging ‘Safe Spaces’: Toward Model Standards For Lgbtq Youth-Serving Professionals Encountering Law Enforcement, Brendan M. Conner

Brendan M. Conner

The Silent Enemy: Current Practices For Healthcare Professionals In The Identification And Reporting Of Psychological Harm In Cases Of Domestic Violence., Matthew Raj, Ellie Mckay

Matthew Raj

Awareness and recognition of domestic violence in Australia is increasing. In 2014, the Victorian Government appointed Fiona Richardson as the first Minister for the Prevention of Family Violence and Australian domestic violence campaigner Rosie Batty, whose 11-year-old son Luke was killed by her husband, was named 2015 Australian of the Year. Also, a Special Taskforce chaired by Former Governor-General Quentin Bryce has been formed to conduct an extensive review of domestic violence in Queensland and legislative reforms have been implemented that adopt a broader concept and definition of domestic violence which include psychological harm. Despite these developments, the ability of …

From Crisis To Reform: A New Legal Aid Plan For Ontario, Frederick Zemans, Patrick Monahan, Aneurin Thomas

Frederick H. Zemans

No abstract provided.

A New Legal Aid Plan For Ontario: Background Papers, Frederick Zemans, Patrick Monahan, Aneurin Thomas

Frederick H. Zemans

No abstract provided.

Locked In: Interactions With The Criminal Justice And Child Welfare Systems For Lgbtq Youth, Ymsm, And Ywsw Who Engage In Survival Sex, Brendan M. Conner Esq.

Brendan M. Conner

Legal Aid 1900 To 1930: What Happened To Law Reform?, Mark Spiegel

Mark Spiegel

Medical Paternalism And The Rule Of Law: A Reply To Dr. Relman, Charles Baron

Charles H. Baron

In this Article, Professor Baron challenges the position taken recently by Dr. Arnold Relman in this journal that the 1977 Saikewicz decision of the Supreme Judicial Court of Massachusetts was incorrect in calling for routine judicial resolution of decisions whether to provide life-prolonging treatment to terminally ill incompetent patients. First, Professor Baron argues that Dr. Relman's position that doctors should make such decisions is based upon an outmoded, paternalistic view of the doctor-patient relationship. Second, he points out the importance of guaranteeing to such decisions the special qualities of process which characterize decision making by courts and which are not …

Assuring "Detached But Passionate Investigation And Decision": The Role Of Guardians Ad Litem In Saikewicz-Type Cases, Charles Baron

Charles H. Baron

The author focuses this Article upon the aspect of the Saikewicz decision which determines that the kind of "proxy consent" question involved in that case required for its decision "the process of detached but passionate investigation and decision that forms the ideal on which the judicial branch of government was created." This aspect of the decision has drawn much criticism from the medical community on the ground that it embroils what doctors believe to be a medical question in the adversarial processes of the court system. The author criticizes the decision from an entirely opposite perspective, arguing that the court's …

Welfare Fraud And The Fourth Amendment , Erik Luna

Erik Luna

No abstract provided.

The Brady Act: Shot Down By The Tenth Amendment, Patricia Rooney

Patricia Rooney

No abstract provided.

Poverty As An Everday State Of Exception, Julie Nice

Julie A. Nice

This essay applies the provocative theory of Italian philosopher Giorgio Agamben to Poverty Law. It is forthcoming as a book chapter in a multidisciplinary volume of papers exploring the relations between accumulation and insecurity. Professor Nice distills Agamben's theory of the state of exception, that the dominant paradigm of modern democracy is founded on the state's power to exclude from rights those who are otherwise included within the political order. Professor Nice posits that the state's abandonment of poor people exemplifies an everyday example of the state of exception. She illustrates how poor people lack meaningful constitutional protection, legal entitlement, …

Just Contracts And Catholic Social Teaching: A Perspective From American Law, Vincent Rougeau

Vincent D. Rougeau

No abstract provided.

Forty Years Of Welfare Policy Experimentation: No Acres, No Mule, No Politics, No Rights, Julie Nice

Julie A. Nice

This essay is drawn from a keynote address for a symposium on Ten Years After Welfare Reform: Making Work Pay. The keynote was delivered on the fortieth anniversary of the assassination of Martin Luther King, Jr., who was then on the cusp of launching his Poor People’s Campaign. Professor Nice argues that the momentum toward a meaningful anti-poverty movement was stymied by the untimely deaths in 1968 of both Dr. King and the leading anti-poverty scholar, Professor Jacobus tenBroek. Examining anti-poverty policy over the forty years since their deaths, Professor Nice criticizes the narrow focus of scholars on social policy, …

Rättighetssubjekt Eller Omsorgsobjekt - Hand I Hand Eller Stick I Stäv? Exemplet Barn I Institutionsvård, Titti Mattsson

Titti Mattsson

No abstract provided.

Children’S Rights To Representation: A Comparison Between Sweden And England, Titti Mattsson, Eva Ryrstedt

Titti Mattsson

In both England and in Sweden, the approach to a child's right to representation differs between public law cases and private law cases regarding legal custody/parental responsibility, residence or contact. This article discusses the basis for this distinction, and how far it accords with the best interests of the child.

Enter The Poor: American Welfare Reform, Solidarity And The Capability Of Human Flourishing, Vincent Rougeau

Vincent D. Rougeau

No abstract provided.

A Model State Act To Authorize And Regulate Physician-Assisted Suicide, Charles Baron, Clyde Bergstresser, Dan Brock, Garrick Cole, Nancy Dorfman, Judith Johnson, Lowell Schnipper, James Vorenberg, Sidney Wanzer

Charles H. Baron

Despite laws in many states prohibiting assisted suicide, an unknown but significant number of people each year commit suicide with the aid of a physician. In recent years, the phenomenon of physician-assisted suicide has attracted greater attention as physicians have openly risked prosecution to shed light on the subject, advocates have raised a series of legal challenges to laws banning assisted suicide, and a federal judge has struck down the nation's first statute allowing physicians to assist patients in suicide. In this Article, nine authors from the fields of law, medicine, philosophy and economics propose a comprehensive statute to permit …

Licensure Of Health Care Professionals: The Consumer's Case For Abolition, Charles Baron

Charles H. Baron

While state medical licensure laws ostensibly are intended to promote worthwhile goals, such as the maintenance of high standards in health care delivery, this Article argues that these laws in practice are detrimental to consumers. The Article takes the position that licensure contributes to high medical care costs and stifles competition, innovation and consumer autonomy. It concludes that delicensure would expand the range of health services available to consumers and reduce patient dependency, and that these developments would tend to make medical practice more satisfying to consumers and providers of health care services.

Medical Paternalism And The Rule Of Law: A Reply To Dr. Relman, Charles Baron

Charles H. Baron

In this Article, Professor Baron challenges the position taken recently by Dr. Arnold Relman in this journal that the 1977 Saikewicz decision of the Supreme Judicial Court of Massachusetts was incorrect in calling for routine judicial resolution of decisions whether to provide life-prolonging treatment to terminally ill incompetent patients. First, Professor Baron argues that Dr. Relman's position that doctors should make such decisions is based upon an outmoded, paternalistic view of the doctor-patient relationship. Second, he points out the importance of guaranteeing to such decisions the special qualities of process which characterize decision making by courts and which are not …

Assuring "Detached But Passionate Investigation And Decision": The Role Of Guardians Ad Litem In Saikewicz-Type Cases, Charles Baron

Charles H. Baron

The author focuses this Article upon the aspect of the Saikewicz decision which determines that the kind of "proxy consent" question involved in that case required for its decision "the process of detached but passionate investigation and decision that forms the ideal on which the judicial branch of government was created." This aspect of the decision has drawn much criticism from the medical community on the ground that it embroils what doctors believe to be a medical question in the adversarial processes of the court system. The author criticizes the decision from an entirely opposite perspective, arguing that the court's …