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Full-Text Articles in Law
Resurrecting Arbitrariness, Kathryn E. Miller
Resurrecting Arbitrariness, Kathryn E. Miller
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What allows judges to sentence a child to die in prison? For years, they did so without constitutional restriction. That all changed in 2012’s Miller v. Alabama, which banned mandatory sentences of life without parole for children convicted of homicide crimes. Miller held that this extreme sentence was constitutional only for the worst offenders—the “permanently incorrigible.” By embracing individualized sentencing, Miller and its progeny portended a sea change in the way juveniles would be sentenced for serious crimes. But if Miller opened the door to sentencing reform, the Court’s recent decision in Jones v. Mississippi appeared to slam it …
Support Of Non-Biological Children In Jewish Law, J. David Bleich
Support Of Non-Biological Children In Jewish Law, J. David Bleich
Articles
Adoption as a legal institution is unknown in Jewish law. Suppression of parental identity, as generally occurs in closed adoption, is banned “lest the earth become filled with licentiousness” (Leviticus 19:29). Rabbinic tradition interprets that verse as expressing concern regarding the possibility of a future incestuous marriage. Nevertheless, raising an orphan in one’s home is regarded as highly meritorious. However, binding obligations of support and maintenance can be undertaken only by means of contract. Such a contract in favor of a stepchild may be verbal if entered into at the time of marriage. Otherwise, a formal kinyan, i.e., one of …
An Introduction To Mandatory Hiv Screening Of Newborns: A Child’S Welfare In Conflict With Its Mother’S Constitutional Rights—False Dichotomies Make Bad Law, Paris R. Baldacci
An Introduction To Mandatory Hiv Screening Of Newborns: A Child’S Welfare In Conflict With Its Mother’S Constitutional Rights—False Dichotomies Make Bad Law, Paris R. Baldacci
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