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Full-Text Articles in Law

The Canon Of Family Law, Jill Elaine Hasday Dec 2004

The Canon Of Family Law, Jill Elaine Hasday

Jill Elaine Hasday

What is the canon of family law? By canon, I mean the ways of thinking about family law that are widely shared by legal scholars and especially by legal authorities, like legislators and judges. The existing literature on canons, which has long centered on the literary canon and has recently turned to the constitutional law canon, has most commonly understood a canon to be a set of foundational texts that exemplify, guide, and constitute a discipline. In part, the family law canon tracks this traditional focus on the inclusion and exclusion of texts, even if the family law canon does …


Data, Detention, And Girls, Francine Sherman Nov 2004

Data, Detention, And Girls, Francine Sherman

Francine T. Sherman

No abstract provided.


Bargaining Or Biology? The History And Future Of Paternity Law And Parental Status, Katharine K. Baker Feb 2004

Bargaining Or Biology? The History And Future Of Paternity Law And Parental Status, Katharine K. Baker

Katharine K. Baker

In practice, paternity rulings are remarkably unimportant. With the exception of state welfare authorities pursuing mostly impoverished biological fathers, few paternity actions are brought, few mothers want to bring them and (even with state-sponsored pursuit) very few dollars get transferred to children as a result of them. In theory, however, paternity judgments are very and perniciously important because they keep alive the biological fatherhood ideal, an ideal that has never been reflected in law or fact and that is inconsistent with the emerging law of parental rights and responsibilities. This article challenges the biological fatherhood ideal and suggests that contract, …


Unique Property Annotated Bibliography, Nancy Levit, Robert R.M. Verchick Jan 2004

Unique Property Annotated Bibliography, Nancy Levit, Robert R.M. Verchick

Robert R.M. Verchick

No abstract provided.


Four Decades Of The Duquesne Law Review Volumes 1-40 (1963-2002): A History, Joel Fishman Jan 2004

Four Decades Of The Duquesne Law Review Volumes 1-40 (1963-2002): A History, Joel Fishman

Joel Fishman

This article celebrates forty years of publication of the Duquesne Law Review.


Justice Michael A. Musmanno And Constitutional Dissents, 1967-68, Joel Fishman Jan 2004

Justice Michael A. Musmanno And Constitutional Dissents, 1967-68, Joel Fishman

Joel Fishman

Associate Justice Michael A. Musmanno of the Pennsylvania Supreme Court contributed several important dissenting opinions to constitutional questions at the end of his career which are reviewed in this article.


La Sociedad De Gananciales Y Las Uniones De Hecho En El Perú, Olga Maria Castro Perez Treviño Jan 2004

La Sociedad De Gananciales Y Las Uniones De Hecho En El Perú, Olga Maria Castro Perez Treviño

Olga Maria Castro Perez Treviño

Como punto de partida nos parece pertinente señalar que en la comunidad internacional, a nivel social, en la doctrina jurídica e incluso en la legislación, las uniones extramatrimoniales heterosexuales se consideran un tipo de familia cada vez más extendido en la que los dos miembros asumen una voluntad de continuidad en una relación afectiva y sexual con el objeto de alcanzar finalidades y cumplir deberes semejantes a los del matrimonio bajo ciertas condiciones: cohabitación, exclusividad, estabilidad, vocación de perdurabilidad y publicidad en la convivencia. Respecto a las uniones homosexuales el panorama no es uniforme, pues la consideración de familia a …


Still Part Of The Clan: Representing Elders In The Family Law Practice, Sy Moskowitz Jan 2004

Still Part Of The Clan: Representing Elders In The Family Law Practice, Sy Moskowitz

Seymour H. Moskowitz

No abstract provided.


The New Uniform Law With Regard To Jurisdiction Rules In Child Custody Cases In The United States With Some Comparisons To The 1996 Hague Convention On The Protection Of Minors, Robert Spector Dec 2003

The New Uniform Law With Regard To Jurisdiction Rules In Child Custody Cases In The United States With Some Comparisons To The 1996 Hague Convention On The Protection Of Minors, Robert Spector

Robert G. Spector

No abstract provided.


Abortion And Divorce Law In Ireland, Jennifer Spreng Dec 2003

Abortion And Divorce Law In Ireland, Jennifer Spreng

Jennifer E Spreng

No abstract provided.


International Child Custody Jurisdiction In The United States, Robert Spector Dec 2003

International Child Custody Jurisdiction In The United States, Robert Spector

Robert G. Spector

No abstract provided.


A Review Of The Year In Family Law: Children's Issues Remain The Focus, Robert Spector, Linda Elrod Dec 2003

A Review Of The Year In Family Law: Children's Issues Remain The Focus, Robert Spector, Linda Elrod

Robert G. Spector

No abstract provided.


Achieving Batterer Accountability In The Child Protection System, Leigh Goodmark Dec 2003

Achieving Batterer Accountability In The Child Protection System, Leigh Goodmark

Leigh S. Goodmark

No abstract provided.


Middlesex District Attorney's Office, Consultant, Francine Sherman Dec 2003

Middlesex District Attorney's Office, Consultant, Francine Sherman

Francine T. Sherman

Evaluated disproportionate minority contact and diversion of youth in Framingham Juvenile Court


Recognizing Friends Amidst The Rubble: Seeking Truth Outside The Culture Wars, Randy Lee Dec 2003

Recognizing Friends Amidst The Rubble: Seeking Truth Outside The Culture Wars, Randy Lee

Randy Lee

No abstract provided.


Finding Marriage Amidst A Sea Of Confusion: A Precursor To Considering The Public Purposes Of Marriage, Randy Lee Dec 2003

Finding Marriage Amidst A Sea Of Confusion: A Precursor To Considering The Public Purposes Of Marriage, Randy Lee

Randy Lee

Before we can consider the public purposes of marriage in America, we must understand what marriage means in America. In trying to understand what marriage means, we realize how convoluted our definition has become. Without even reaching the issue of same-gender unions, the United States Supreme Court has seemingly led the way over the last forty years in confusing the concept of marriage as both a legal and social institution, ultimately reducing it to a temporary, limited, and potentially harmful relationship to which neither sexuality nor procreation need be bound.
By their insistence in characterizing marriage as a right, the …


Marriage And The Ethics Of Office, Scott T. Fitzgibbon Dec 2003

Marriage And The Ethics Of Office, Scott T. Fitzgibbon

Scott T. FitzGibbon

This Article alms to retrieve the neglected concept of the "office," as in "the judicial office" or "corporate officer" or the"office of deacon or lector." It aims to present a thorough account of what that term means. It inquires into the ethics of office, advancing the thesis that to hold and exercise office is a good thing, not only in the obvious instrumental ways-it serves a function and it gets results-but also as a part of the "final," non instrumental good of the officeholder and even, in some arrangements, of the recipient of the officeholder's services. Office is an aspect …


Duelling Experts In Mediation And Negotiation: How To Respond When Eager Expensive Entrenched Expert Egos Escalate Enmity, John Wade Dec 2003

Duelling Experts In Mediation And Negotiation: How To Respond When Eager Expensive Entrenched Expert Egos Escalate Enmity, John Wade

John Wade

Having dueling experts is a predictable problem for negotiators and mediators. A routine process in response is set out: normalizing, reframing, and turning the barrier into a standard problem-solving question. Twelve standard responses (each with inevitable advantages and disadvantages) are systematized for mediators and negotiators to learn and possibly add value to any negotiation.


The Effect Of Context On Practice [Book Review], Susan D. Carle Dec 2003

The Effect Of Context On Practice [Book Review], Susan D. Carle

Susan D. Carle

A book review of the work Divorce Lawyers at Work: Varieties of Professionalism in Practice, by Lynn Mather, Craig McEwen & Richard J. Maiman. Oxford University Press 2001. Pp. 244. $60.00.