Law Commons^™

Bargaining In The Shadow Of God's Law: Islamic Mahr Contracts And The Perils Of Legal Specialization, Nathan B. Oman

Faculty Publications

No abstract provided.

Before You Take A Collaborative Law Case, John M. Lande

Faculty Publications

Under the Model Rules of Professional Conduct, lawyers have a duty to screen potential Collaborative Law (CL) cases for appropriateness and obtain clients' informed consent to use CL. The duty to screen cases is based on the "reasonableness" requirement of Rule 1.2(c) and the requirement to avoid conflicts of interest that might interfere with competent and diligent representation under Rule 1.7. Both rules require lawyers to obtain clients' informed consent to participate in a CL process. Although the Uniform Collaborative Law Act is not an ethical rule, sections 14 and 15 create relevant duties, including detailed provisions requiring lawyers to …

Parental Entitlement And Corporal Punishment, James G. Dwyer

Faculty Publications

No abstract provided.

To Testify Or Not To Testify: A Comparative Analysis Of Australian And American Approaches To Parent-Child Testimonial Exemption, Hillary B. Farber

Faculty Publications

This article begins, in Part I, by explaining the history of the parent-child privilege in the United States. In Part II, the article turns to the Australian experience, looking at the origins of the parent-child testimonial exemption and where it is today. Part III explains how in Australia the restorative approach to juvenile offending and the parent-child testimonial exemption work in tandem to promote, preserve, and strengthen family stability. In Part IV, the article argues that the United States' increased use of the restorative justice practices among young offenders provides traction for recognizing a parent-child privilege because of the mutually …

Denying Choice Of Forum: An Interference By The Massachusetts Trial Court With Domestic Violence Victims’ Rights And Safety, Margaret B. Drew, Marilu E. Gresens

Faculty Publications

On May 4, 2009, the Chief Justice of Administration and Management of the Massachusetts Trial Court launched a pilot program in the Norfolk Division of the Probate and Family Court Department through an Administrative Order entitled, in pertient part, “for the Interdepartmental Transfer of Certain Abuse Prevention Proceedings”. This pilot program authorizes a judge of the Norfolk Division of the Probate and Family Court to initiate interdepartmental transfers of civil protection order petitions pending in other court departments where the parties have related domestic relations matters pending in the Probate and Family Court.

This article discusses how the pilot program …

Beyond The Polemics: Realistic Options To Help Divorcing Families Manage Domestic Violence, Elayne E. Greenberg

Faculty Publications

Children, adult survivors, and their batterers who remain engaged in violence, even after they live apart, are living legacies of the historical perniciousness of domestic violence, a legacy that must change. True, over the past thirty years the politicization of domestic violence has raised public awareness, spurred legislative reforms, and propelled court innovations. However, the children, survivors, and batterers who still live domestic violence after divorce know all too well that all of our political advancements, legal victories, court innovations, and social awareness have not stopped the violence they live within their day-to-day lives. For many of these families, an …

Indian Law: Dangerous Gamble: Child Support, Casino Dividends, And The Fate Of The Indian Family, Marcia A. Yablon-Zug

Faculty Publications

No abstract provided.

Filling The Due Process Donut Hole: Abuse And Neglect Cases Between Disposition And Permanency, Josh Gupta-Kagan

Faculty Publications

No abstract provided.

That Guy's A Batterer!: A Scarlet Letter Approach To Domestic Violence In The Information Age, Elaine M. Chiu

Faculty Publications

(Excerpt)

We have all seen the ads and heard the jingles. Some of us may have even visited the websites. "Come meet your soul mate, come meet your future spouse, come find true love, at Match.com, at eHarmony.com, at Yahoo." Internet dating is a booming business. In 2005, an estimated sixteen million Americans spent more than $245 million looking for love on the Internet. Approximately ten-million Americans are current online daters. In addition to these digital matchmakers, social networking sites like Facebook and MySpace and You Tube offer amazing online communities where folks can advertise their best features. Then, there …

That Guy's A Batterer!: A Scarlet Letter Approach To Domestic Violence In The Information Age, Elaine M. Chiu

Faculty Publications

Despite the remarkable reliance on the Internet as a source of information, we have yet to fully take advantage of it in our movement against domestic violence. Information is used as a weapon in the battle against domestic violence in several limited ways. Yet there is still more we can do with information and, specifically, the Internet, in combating domestic violence. The Scarlet Letter proposal seeks to empower potential victims of domestic violence with information so that they themselves can make choices that will avoid years of suffering and abuse. The idea is to allow public access to the data …