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Articles 1 - 4 of 4
Full-Text Articles in Law
Moving Family Dispute Resolution From The Court System To The Community, Jane C. Murphy, Jana B. Singer
Moving Family Dispute Resolution From The Court System To The Community, Jane C. Murphy, Jana B. Singer
All Faculty Scholarship
Over the past three decades, there has been a significant shift in the way the legal system approaches and resolves family disputes. Mediation, collaboration, and other non-adversarial processes have replaced a traditional, law-oriented adversarial regime. Until recently, however, reformers have focused largely on the court system as the setting for innovations in family dispute resolution. But our research suggests that courts may not be the best places for families to resolve disputes, particularly disputes involving children. Moreover, attempting to turn family courts into multi-door dispute resolution centers may detract from their essential role as adjudicators of last resort and forums …
Semantic Reversal: Individual, Person, Individualism, Individualization, And Subject Of Fundamental Rights, Brunela Viera De Vincenzi
Semantic Reversal: Individual, Person, Individualism, Individualization, And Subject Of Fundamental Rights, Brunela Viera De Vincenzi
University of Baltimore Journal of International Law
Based upon the theory of justice, founded on reciprocal and co-operative recognition, this study seeks to demonstrate that there are alternative means of dispute resolution within the spheres of family and work, which produce binding decisions that are accepted by the parties to the conflict as fair. At the same time, it also seeks to demonstrate that certain conflicts cannot be withdrawn from the pur-view and judgment of the State Judiciary System, with the goal of reestablishing the confidence that individuals have in the decision-making system of the state legal system.
Comment: De Facto Parents In Maryland: When Will The Law Recognize Their Rights?, Michelle E. Kelly
Comment: De Facto Parents In Maryland: When Will The Law Recognize Their Rights?, Michelle E. Kelly
University of Baltimore Law Forum
Rachel and Allison were in a committed same-sex relationship beginning in 1990. Although they never legally married, the couple decided to manifest their love by having a child in 2001. Rachel and Allison both agreed that Rachel would carry the child by way of an anonymous sperm donor. Their child, Kevin, was born on September 3, 2002. Allison was present in the delivery room and even cut the umbilical cord. From the time Kevin was born until the summer of 2009 when Rachel and Allison ended their relationship, the couple equally raised and cared for Kevin, sharing all major and …
Homeschooling: Choosing Parental Rights Over Children's Interests, Martha Fineman, George B. Shepherd
Homeschooling: Choosing Parental Rights Over Children's Interests, Martha Fineman, George B. Shepherd
University of Baltimore Law Review
Homeschooling, the most extreme form of privatization of education, often eliminates the possibility of the child gaining the resources essential for success in adult life. It sacrifices the interests of the child to the interests of the parents, allowing them to control and isolate the child’s development. In addition, homeschooling frustrates the state’s legitimate interest in the child’s receiving a sound, diverse education, so that the child can achieve her potential as a productive employee and as a constructive participant in civic life. This Article uses vulnerability theory as a heuristic frame both to reexamine the dominant rhetoric of parental …