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Articles 1 - 30 of 187
Full-Text Articles in Law
Is Zina Bil Jabr A Hadd, Taz‛Ir Or Siyasa Offence?: A Reappraisal Of The Protection Of Women Act 2006 In Pakistan”, Muhammad Munir Dr.
Is Zina Bil Jabr A Hadd, Taz‛Ir Or Siyasa Offence?: A Reappraisal Of The Protection Of Women Act 2006 In Pakistan”, Muhammad Munir Dr.
Dr. Muhammad Munir
This article briefly discusses the various laws passed by the regime of General Musharraf (1999-2008) to relieve the plight of helpless women in Pakistan and analyses the Protection of Women Act, 2006 from a legal, rather than from a political or emotional perspective. It scrutinizes the opinions of leading 'ulama, such as Justice (R) Taqi 'Uthmani, Mufti Muneebur Rahman, Moulana 'Abdul Malik, and Hasan Madani. The position of women rights' groups about the said law is discussed; the claim of the then government that the Act is compatible with the Qur'an and the Sunnah is examined; the various changes made …
Interstate Pluralism: The Role Of Federalism In The Same-Sex Marriage Debate, Jeffrey L. Rensberger
Interstate Pluralism: The Role Of Federalism In The Same-Sex Marriage Debate, Jeffrey L. Rensberger
BYU Law Review
No abstract provided.
From Slavery To Same-Sex Marriage: Comity Versus Public Policy In Inter-Jurisdictional Recognition Of Controversial Domestic Relations, Lynn D. Wardle
From Slavery To Same-Sex Marriage: Comity Versus Public Policy In Inter-Jurisdictional Recognition Of Controversial Domestic Relations, Lynn D. Wardle
BYU Law Review
Recognition across state and national borders of controversial forms of domestic relationships have existed throughout the history of conflict of laws, creating tension between two important principles: respect for comity and protection of valued domestic public policies. Drawing upon several examples, and particularly the history of international and intrastate recognition of slavery (a “domestic relationship”) in Anglo-American history, the article shows that despite the comity-based presumption of respect for legal status created in other jurisdictions, when strong public policies protective of domestic relations and status have been implicated, American states consistently have declined to give interstate recognition to those controversial …
The Coming Collision: Romer And State Defense Of Marriage Acts, Patrick J. Borchers
The Coming Collision: Romer And State Defense Of Marriage Acts, Patrick J. Borchers
BYU Law Review
No abstract provided.
Abortion Across State Lines, Joseph W. Dellapenna
Abortion Across State Lines, Joseph W. Dellapenna
BYU Law Review
No abstract provided.
Interstate Recognition Of Adoptions: On Jurisdiction, Full Faith And Credit, And The Kinds Of Challenges The Future May Bring, Mark Strasser
Interstate Recognition Of Adoptions: On Jurisdiction, Full Faith And Credit, And The Kinds Of Challenges The Future May Bring, Mark Strasser
BYU Law Review
No abstract provided.
Intolerable Situations And Counsel For Children: Following Switzerland's Example In Hague Abduction Cases , Merle H. Weiner
Intolerable Situations And Counsel For Children: Following Switzerland's Example In Hague Abduction Cases , Merle H. Weiner
American University Law Review
In the twilight days of 2007, Switzerland took decisive action to protect children who were being harmed by the application of the Hague Convention on the Civil Aspects of International Child Abduction ("Hague Abduction Convention" or "Convention"). 1 Its Parliament passed the Federal Act on International Child Abduction and the Hague Conventions on the Protection of Children and Adults ("Swiss Act"). 2 The Swiss Act, which should enter into force in mid-2009, 3 gives important and necessary guidance to Swiss courts about the phrase "intolerable situation" in Article 13(b) of the Hague Abduction Convention. 4 The Swiss Act also directs …
"Precedent In Islamic Law With Special Reference To The Federal Shariat Court And The Legal System In Pakistan”, Muhammad Munir Dr.
"Precedent In Islamic Law With Special Reference To The Federal Shariat Court And The Legal System In Pakistan”, Muhammad Munir Dr.
Dr. Muhammad Munir
This paper attempts to answer the question whether the common law doctrine of precedent as practiced in Pakistan is compatible with the traditional Islamic legal system. After a survey of the various articles and books about the judicial system of Islam it concludes that there is little, if any, material about the role of precedent in Islamic law. The paper also examines the judicial system of India under the Moghuls and the East India Company and traces the origins and evolution of the doctrine of precedent in the Indian sub-continent, more particularly in Pakistan. The role of the principles of …
Book Review Of The Place Of Families: Fostering Capacity, Equality, And Responsibility By Linda C. Mcclain, Karen Czapanskiy
Book Review Of The Place Of Families: Fostering Capacity, Equality, And Responsibility By Linda C. Mcclain, Karen Czapanskiy
Karen Czapanskiy
No abstract provided.
Featured Speaker, Domestic Violence And Juvenile Justice, Francine Sherman
Featured Speaker, Domestic Violence And Juvenile Justice, Francine Sherman
Francine T. Sherman
No abstract provided.
Domestic Violence And The Maryland Family Violence Option, Karen Czapanskiy
Domestic Violence And The Maryland Family Violence Option, Karen Czapanskiy
Karen Czapanskiy
No abstract provided.
Domestic Violence, The Family And The Lawyering Process: Lessons From Studies On Gender Bias In The Courts, Karen Czapanskiy
Domestic Violence, The Family And The Lawyering Process: Lessons From Studies On Gender Bias In The Courts, Karen Czapanskiy
Karen Czapanskiy
No abstract provided.
Grandparents, Parents And Grandchildren: Actualizing Interdependency In Law, Karen Czapanskiy
Grandparents, Parents And Grandchildren: Actualizing Interdependency In Law, Karen Czapanskiy
Karen Czapanskiy
No abstract provided.
Ali Child Support Principles: A Lesson In Public Policy And Truth-Telling, Karen Czapanskiy
Ali Child Support Principles: A Lesson In Public Policy And Truth-Telling, Karen Czapanskiy
Karen Czapanskiy
No abstract provided.
Child Support, Visitation, Shared Custody And Split Custody, Karen Czapanskiy
Child Support, Visitation, Shared Custody And Split Custody, Karen Czapanskiy
Karen Czapanskiy
No abstract provided.
Interdependencies, Families, And Children, Karen Czapanskiy
Interdependencies, Families, And Children, Karen Czapanskiy
Karen Czapanskiy
No abstract provided.
Jackson, Andrew, 1767-1845 (Sc 1768), Manuscripts & Folklife Archives
Jackson, Andrew, 1767-1845 (Sc 1768), Manuscripts & Folklife Archives
MSS Finding Aids
Finding aid only for Manuscripts Small Collection 1768. Letter, 26 April 1825, from Andrew Jackson, Nashville, Tennessee to A. P. Maury, also of Nashville, in which he declines to act as guardian for the children of the late Major John Reid owing to ill health and increased responsibilities.
Spare The Rod, Save The Child: Reviewing Corporal Punishment Through The Lens Of Domestic Violence, Sarah Brady Brundage
Spare The Rod, Save The Child: Reviewing Corporal Punishment Through The Lens Of Domestic Violence, Sarah Brady Brundage
W&M Law Student Publications
No abstract provided.
The Parent Trap: Differential Familial Power In Same-Sex Families, Deirdre M. Bowen
The Parent Trap: Differential Familial Power In Same-Sex Families, Deirdre M. Bowen
William & Mary Journal of Race, Gender, and Social Justice
Do intact same-sex couples where one member of the couple became pregnant with assisted reproduction or was the primary adopter, and the other member became a parent through second parent adoption, understand the legal protections afforded them? In short the answer is no. An interesting family dynamic arises around those who can claim the true status as parent based on their legal understandings of parenthood and their interactions with the dominant culture. While high profile custody cases on this issue have been decided in the United States with varying results, no research has examined the impact of uneven legal protections …
Collaborative Family Law And Gender Inequalities: Balancing Risks And Opportunities, Wanda Wiegers, Michaela Keet
Collaborative Family Law And Gender Inequalities: Balancing Risks And Opportunities, Wanda Wiegers, Michaela Keet
Osgoode Hall Law Journal
Collaborative Law (CL) is a unique settlement process increasingly used by family lawyers. In this article, the authors examine the potential of CL to alleviate the impact of gendered differences in bargaining power between family clients. Proponents suggest that the more extensive involvement of lawyers in the CL process can prove more effective in dealing with vulnerable clients than either litigation or family mediation in their current forms. Drawing on the available literature on CL, their own empirical research, and the extensive literature on gender imbalances in mediation, the authors examine the likely impact of both the background norms and …
Are You Still My Mother, Interstate Recognition Of Adoption By Gays And Lesbians , Rhonda Wasserman
Are You Still My Mother, Interstate Recognition Of Adoption By Gays And Lesbians , Rhonda Wasserman
American University Law Review
Parents and their biological children routinely cross state borders safe in the assumption that the parent-child relationship will be recognized wherever they go. The central issue raised in this Article is whether the law guarantees parents and their adopted children the same security if the parents are gay. This question is part of a broader debate about the obligation of states to recognize changes in family status effected under the laws of other states, such as same-sex marriages and migratory divorces. The debate is divisive because it pits the family against the state; one state against another; and the needs …
Best Interests And Parental Presumptions: Bringing Same-Sex Custody Agreements Beyond Preclusion By The Federal Defense Of Marriage Act, Alison M. Schmieder
Best Interests And Parental Presumptions: Bringing Same-Sex Custody Agreements Beyond Preclusion By The Federal Defense Of Marriage Act, Alison M. Schmieder
William & Mary Bill of Rights Journal
No abstract provided.
The Changing Face Of Family Law: Global Consequences Of Embedding Physicians And Biotechnology In The Parent-Child Relationship, George J. Annas
The Changing Face Of Family Law: Global Consequences Of Embedding Physicians And Biotechnology In The Parent-Child Relationship, George J. Annas
Faculty Scholarship
Sexual reproduction, also known as making babies the old-fashioned way, has always brought with it significant challenges for family law, especially regarding protecting the best interests of children, and the identification of parents with the right and responsibility to rear them. But these challenges often seem mundane in the face of what has evolved since physicians have been injected into baby making and thus into novel parent-child relationships. The addition of physicians and their "new" medical technologies, sometimes called Assisted Reproductive Technology (ART), have forced the law to reconsider the very definition of motherhood and have radically altered society's view …
Individualized Justice In Disputes Over Dead Bodies, Frances H. Foster
Individualized Justice In Disputes Over Dead Bodies, Frances H. Foster
Vanderbilt Law Review
In February 2007, the world had a ringside seat to a truly macabre fight. Under the glare of television cameras, Anna Nicole Smith's nearest but not dearest' battled in a Florida probate court over custody of her body. The parties agreed on only one point: "Anna Nicole Smith's appearance was a paramount issue to her." Yet, those same parties denied Anna Nicole after death the beauty she prized during life. Because of their protracted legal wrangling, Anna Nicole went to her grave a decomposed corpse in a closed casket. Anna Nicole Smith's tragic fate is by no means unique. For …
The Hague Convention On Recovery Of Child Support And Other Forms Of Family Maintenance: Why There Are Holes In The Convention And What Can We Do About Them, Robert Spector
Robert G. Spector
No abstract provided.
Changing The Meaning Of Motherhood, Martha M. Ertman
Changing The Meaning Of Motherhood, Martha M. Ertman
Martha M. Ertman
No abstract provided.
Reconstructing Marriage: An Intersexional Approach, Martha Ertman
Reconstructing Marriage: An Intersexional Approach, Martha Ertman
Martha M. Ertman
No abstract provided.
Commercializing Marriage: A Proposal For Valuing Women's Work Through Premarital Security Agreements, Martha M. Ertman
Commercializing Marriage: A Proposal For Valuing Women's Work Through Premarital Security Agreements, Martha M. Ertman
Martha M. Ertman
No abstract provided.
Unbending Gender: Why Family And Work Conflict And What To Do About It, Martha Ertman
Unbending Gender: Why Family And Work Conflict And What To Do About It, Martha Ertman
Martha M. Ertman
No abstract provided.
Matters Of Conscience: Lessons For Same-Sex Marriage From The Healthcase Context, Robin Fretwell Wilson
Matters Of Conscience: Lessons For Same-Sex Marriage From The Healthcase Context, Robin Fretwell Wilson
Scholarly Articles
None available.