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Full-Text Articles in Law
The Unwritten Rules Of Liberal Democracy, Charles W. Collier
The Unwritten Rules Of Liberal Democracy, Charles W. Collier
UF Law Faculty Publications
This Article is set amidst the distinctly unsettled and unsettling state of governmental practices, legislative policy, and presidential politics of contemporary America. Immediacy, too, introduces its own uncertainty—as compared to the comfortable vantage point of the distant future. But, as I shall argue, there is no realistic alternative to beginning in medias res. To address these issues as they inherently demand, the usual precedents and protocols and precautions must be set aside—if they are not already “gone with the wind.”6 Since the 2016 Presidential Election, and even before, threats to liberal democracy have emerged, in plausible form, as never before …
Responding To Requests For Assisted Reproductive Technology Intervention Involving Women Who Cannot Give Consent, Jennifer S. Bard, Lindsay Penrose
Responding To Requests For Assisted Reproductive Technology Intervention Involving Women Who Cannot Give Consent, Jennifer S. Bard, Lindsay Penrose
UF Law Faculty Publications
One of the plots of the Canadian science fiction thriller Orphan Black involves a scheme to create dozens of siblings by harvesting the eggs of one woman, fertilizing them with the sperm of a single man, and implanting them for gestation in dozens of apparently willing surrogates. The casualness of the procedure speaks to how comfortable we have all become with reproduction by technology. Yet there are still aspects of this process that remain outside the normative boundaries of most of our worldviews. This article considers recent advances in assisted reproductive technology (ART) that can result in a viable, fertilized …
Defects In Consent And Dividing The Benefit Of The Bargain: Recent Developments, Jeffrey L. Harrison
Defects In Consent And Dividing The Benefit Of The Bargain: Recent Developments, Jeffrey L. Harrison
UF Law Faculty Publications
Contract law professors and students, attorneys, judges know that discussions about consent are rarely about consent. This results from three factors. First, it is the appearance of consent that is necessary to form a contract. Second, not every manifestation of consent is sufficient to create a contract that cannot be avoided. Third, interpretations of consent have the potential to allow courts to intervene when the benefit of the bargain is seen to be unfairly divided or one of the parties is actually worse off as a result of the contract. This Article assesses the extent to which recent decisions about …
Parental Involvement Laws And New Governance, Rachel Rebouché
Parental Involvement Laws And New Governance, Rachel Rebouché
UF Law Faculty Publications
The stated objectives of parental involvement laws are to protect the health and well-being of minors and to encourage dialogue between parents and adolescents about pregnancy options. Yet decades of studies urge that parental involvement laws do not meet these purposes. Adding to this research, a new ethnography of professionals who implement parental involvement statutes seeks to demonstrate how notice and consent laws and the judicial bypass work in practice. Over the last two years, a non-profit organization, the National Partnership for Women & Families, interviewed 155 lawyers, advocates, judges, health care providers, and court clerks who assist minors in …
The Legacy Of Colonialism: Law And Women's Rights In India, Varsha Chitnis, Danaya C. Wright
The Legacy Of Colonialism: Law And Women's Rights In India, Varsha Chitnis, Danaya C. Wright
UF Law Faculty Publications
The relationship between nineteenth century England and colonial India was complex in terms of negotiating the different constituencies that claimed an interest in the economic and moral development of the colonies. After India became subject to the sovereignty of the English Monarchy in 1858, its future became indelibly linked with that of England's, yet India's own unique history and culture meant that many of the reforms the colonialists set out to undertake worked out differently than they anticipated. In particular, the colonial ambition of civilizing the barbaric native Indian male underlay many of the legal reforms attempted in the nearly …