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Foreword To The Special Issue On The Family Law Education Reform Project, Andrew Schepard, Peter Salem
Foreword To The Special Issue On The Family Law Education Reform Project, Andrew Schepard, Peter Salem
Hofstra Law Faculty Scholarship
The purpose of this issue is to promote a dialogue between the family law academic community and stakeholders in the family law system about how future family lawyers should be educated. Family law practice has undergone dramatic change in the last quarter century, perhaps more than any other area of practice. Virtually everything about it has changed—the role of the family court, the procedure for resolving family disputes, the role of the family lawyer, and the substantive law. It is a vibrant and exciting field, with great influence on the lives of families and children.
The family law curriculum in …
Why Constitutional Rights Litigation Should Not Follow The Flag, Julian Ku
Why Constitutional Rights Litigation Should Not Follow The Flag, Julian Ku
Hofstra Law Faculty Scholarship
No abstract provided.
Family Boundaries: Third-Party Rights And Obligations With Respect To Children, Joanna L. Grossman
Family Boundaries: Third-Party Rights And Obligations With Respect To Children, Joanna L. Grossman
Hofstra Law Faculty Scholarship
The article introduces the topics discussed within the issue, which defines the law pertaining to the rights and obligations of a third parties with respect to children in the U.S. According to the author, the articles regard whether the law should recognize a continuum of those adults with claims to children in which a third party might deserve more or fewer rights based on his relationship with the child. In the article "Philosophy, Morality and Parental Priority," the fundamental right of parents to raise their children is being dealt with. Another article talks about the rights of same-sex partners in …
Surrounding Embryos: Biology, Ideology And Politics, Janet L. Dolgin
Surrounding Embryos: Biology, Ideology And Politics, Janet L. Dolgin
Hofstra Law Faculty Scholarship
This article considers several parameters of the late twentieth and early twenty-first-century debate in the U.S. about ethics, politics, science, and ideology (popularly referred to as the "culture wars"). The article focuses, in particular, on shifting understandings of the embryo. The article reviews developments in science (especially the advent of stem-cell research and cloning) that have affected understandings of embryo, the history of debate about abortion in the U.S., and the place of discourse about abortion in a more far-reaching social debate about family, personal relationships, and the scope of personhood in the U.S.
The Principles On Agreements: "Fairness" And International Human Rights Law, Barbara J. Stark
The Principles On Agreements: "Fairness" And International Human Rights Law, Barbara J. Stark
Hofstra Law Faculty Scholarship
Family law is again in turmoil, and the ALI Principles are an ambitious and sometimes inspired effort to increase clarity and fairness. This turmoil can be attributed to two major factors. First, family law is ground zero in the gender wars. Second, family law is reeling from the upheavals of globalization. These factors provide the backdrop against which the dilemmas addressed in Chapter 7, Agreements, play out.
Chapter 7 focuses on a particularly intriguing tension, between commercial contracts and premarital agreements. This tension is grounded in the broader tension between American views on freedom of contract and autonomy in general, …
Giarratano Is A Scarecrow: The Right To Counsel In State Capital Postconviction Proceedings, Eric M. Freedman
Giarratano Is A Scarecrow: The Right To Counsel In State Capital Postconviction Proceedings, Eric M. Freedman
Hofstra Law Faculty Scholarship
No abstract provided.