Law Commons^™

Re-Evaluating Peacebuilding In The Democratic Republic Of Congo: A Case Study In Dongo, Wilita Sanguma

Master's Theses

Re-evaluating Peacebuilding in the Democratic Republic of Congo: A case study in Dongo

The Democratic Republic of Congo (Congo) is a country rich with natural resources centered in the heart of Africa. Since the colonial era, the country has seen more bloodshed than peace and development. From 1996 to 2003, Congo experienced the worst conflict since World War II, with over six million people dead. Despite having the largest United Nations peacekeeping troops present; Congo continues to be plagued by violence. This research thesis argues that the international community failed to promote a lasting peace in Congo because the international …

Gay Parenthood And The Revolution Of The Modern Family: An Examination Of The Unique Barriers Confronting Gay Adoptive Parents, Nicholas Arntsen

Nicholas Benedict Arntsen

Abstract: In recent decades, the structure of the American family has been revolutionized to incorporate families of diverse and unconventional compositions. Gay and lesbian couples have undoubtedly played a crucial role in this revolution by establishing families through the tool of adoption. Eleven adoptive parents from the state of Connecticut were interviewed to better conceptualize the unique barriers gay couples encounter in the process adoption. Both the scholarly research and the interview data illustrate that although gay couples face enormous legal barriers, the majority of their hardship comes through social interactions. As a result, the cultural myths and legal restrictions …

Mobility Measures, Naomi Schoenbaum

BYU Law Review

Geographic mobility is a celebrated feature of American life. Deciding where to live is seen not only as a key personal freedom, but also a means of economic advancement. Millions of Americans move each year over great distances. But while this right to travel is safeguarded by the Constitution, these mobility decisions are not entirely free. In terms of the decision to move long distances, employment and family reasons are central, and a regime of employment and family law “mobility measures” play a significant role in regulating why and how we move. This Article first sets forth this new framework …

Preventing Sexual Harassment, Sexual Bullying, Sexual Abuse, Acquaintance Rape, And Date Rape Among Students At Middletown High School In Middletown, Ohio: A Teacher Resource Guide And A Student Awareness Pamphlet, Michelle Amrein

Master of Humanities Capstone Projects

No abstract provided.

Drug Sentencing Policy Discourse Of Fortaleza, Nick Sundback

Independent Study Project (ISP) Collection

Drug sentencing is a pressing issue in Brazil. With the context of high and increasing rates of crime and drug use, overcrowded prisons, and high rates of recidivism both in terms of prison and drug addiction, attitudes of individuals towards drug sentencing policy are worthy of observation and examination.

The objective of this monograph is to examine discourse by informants, five individuals who interact with sections of society most affected by drug sentencing, namely drug users. This monograph will consider pluralistic observations on, and evaluations of, drug sentencing practices, implementation of drug sentencing, an overview of the broader debate over …

2012 Maine Child Support Guidelines: Review And Recommendations, Sally Ward Mppm, Janice Daley Msw, Barbara Fraumeni Phd, George Shaler Mph, Eileen Griffin Jd, Melanie Knox Ba, Laurie Hallett, Louis Mandeville Ms

Children, Youth, & Families

This report summarizes the quadrennial review of Maine's child support guidelines conducted by the USM Muskie School , which complies with federal law requiring each state's child support guidelines be reviewed at least once every four years. Principle findings of the extensive review by the Muskie School show that many aspects of Maine's child support system work well. Maine's low deviation rate reflects a reasonably high level of consistency in apply the guidelines, and in large part, protect the needs and interests of the children. The report provides background and overview of child support modes and the Maine guidelines, and …

The Fundamental Question When Applying The Welfare Principle: "Who Will Be The Better Parent Or Guardian"?, Siyuan Chen

Siyuan CHEN

The welfare principle – that is, when making a custody-related decision, the best interests of the child form the first and paramount consideration – is probably one of the cardinal principles of family law in many common law jurisdictions. While the welfare principle is generally considered a wide concept with no exhaustive definition or list of factors, it is submitted that there is an important question – sometimes neglected or misunderstood – that should actually feature most prominently when applying the welfare principle, particularly when joint or no order custody orders seem impossible. The question is simply that of “who …

Stark Voluntary Self-Referral Disclosure Protocol (Srdp) And Stark Law, Kip Klingman

Kip Klingman

When you’ve made a serious mistake, sometimes it is best to step forward and confess before the government regulators find out on their own. The federal Stark Law, governing physician self-referral, provides a mechanism for voluntary disclosing a violation, but using that option requires a carefully crafted game plan.

Indissoluble Nonresidential Parenthood: Making It More Than Semantics When Parents Share Parenting Responsibilities, Cynthia R. Mabry

Brigham Young University Journal of Public Law

No abstract provided.

Preserving Relationships: Ways Attachment Theory Can Inform Custody Decisions, Susan D. Talley

Brigham Young University Journal of Public Law

No abstract provided.

Dilemmas Of Indissoluble Parenthood: Legal Incentives, Parenting, And The Work-Family Balance , Lynn D. Wardle

Brigham Young University Journal of Public Law

Building upon three main points developed by Patrick Parkinson in Family Law and the Indissolubility of Parenthood (2011), this paper shows that globally there is great legal interest in protecting parenting and parent-children relations; that issues grounded in the indissolubility of parenthood arise during ongoing marriages as well as after marital breakup (or nonformation); and that legal reforms to reduce or eliminate laws creating perverse incentives that impede effective, committed parenting should consider regulations regarding intact families as well as never-married and post-divorce families. This article reviews evidence of the deterioration of families and of parenting in society, including rising …

Evaluating Economic Security For Massachusetts Seniors, Jan Mutchler, Ellen A. Bruce, Alison Gottlieb, Jiyoung Lyu, Yao‐Chi Shih, Gerontology Institute, University Of Massachusetts Boston

Office of Community Partnerships Posters

The Elder Economic Security Standard Index measures the income that Massachusetts’ seniors need to maintain independence and meet basic living expenses. The sizable gap between Social Security benefits and living expenses occurs throughout Massachusetts, but is more substantial for singles than for couples. Those who are older, single, female or a member of a racial or ethnic minority group are exposed to especially high risk of falling short of Index values. The Elder Index estimates the living costs for seniors in every locality in the country and serves as a valuable tool for community members, policy makers, and those working …

The Parent Mediation Program – A Pathway To Cooperative Parenting, Mette Kreutzmann, Massachusetts Office Of Public Collaboration, University Of Massachusetts Boston

Office of Community Partnerships Posters

The Parent Mediation Program is a community-based program for parents who are no longer able to live together but still want to co-parent. The Program partners with five Community Mediation Centers. Funding is provided by the Massachusetts Department of Revenue Child Support Enforcement Division through a child access and visitation grant from the U.S. Dept. of Health & Human Services.

Exposing The Traditional Marriage Agenda, Jessica Feinberg

Northwestern Journal of Law & Social Policy

The success of a social justice movement, especially with regard to issues upon which the public will be voting, depends in significant part on how the issues are defined or framed. Anti-same-sex marriage campaigns frequently urge voters to vote in favor of laws defining marriage as between a man and a woman in order to “protect traditional marriage.” Instead of framing the issue as a question of whether individuals of the same sex should be banned from marrying, anti-same-sex marriage campaigns often frame the issue as a question of whether traditional marriage should be protected from redefinition. This strategy has …

Role Of Mothers In The Family, Church And Society, Chinedu Chibueze Ihenetu-Geoffrey

Chinedu Chibueze Ihenetu-Geoffrey

Much of the confusion and misunderstanding with regard to the role of women in the church, family and in society, has to do with the failure of recognizing that the family, like any other institution in society, is influenced by changes taking place in society. The family, like individuals, does not operate in a social vacuum, but in a socio-cultural-historical environment, which changes with time. The role of mothers in today’s world has grown past the traditional and African role of motherhood exemplified by being ‘perpetual housewives’. Their roles now transcend into the society, the church and most importantly, the …

Living Wills In Kansas, Debra M. Sellers, Erin J. Dittman

Debra M. Sellers

A living will allows you to record in writing, what type of care you want at the end of your life, if you have a terminal illness.

Durable Power Of Attorney For Health Care In Kansas, Debra M. Sellers, Erin J. Dittman

Debra M. Sellers

Name a person authorized to make your health care decisions for you, when you are not capable of making decisions for yourself, with a Durable Power of Attorney.

Advanced Directives In Kansas, Debra M. Sellers, Erin J. Dittman

Debra M. Sellers

Advance directives are documents to state how you want to be cared for at the end of your life: durable power of attorney for health care and living will.

The Mother-Love Myth: The Effect Of The Provider-Nurturer Dichotomy In Custody Cases, Kalie Caetano

The Macalester Review

This paper is a discursive analysis that evaluates the effect of gender stereotypes relating to parenting roles and how they have influenced custody cases. Specifically it looks at the historically gendered distinction between the provider (typically the father) and the nurturer (typically the mother) and speculates as to how those identities may have initially formed in US society, what changes they have undergone and how these stereotypes still affect family court outcomes in cases of divorce. Particular focus is given to an article appearing in Working Mother magazine entitled “Custody Lost,” detailing a new trend in custody cases, which allegedly …

Best Outcomes For Indian Children, Loa L. Porter, Patina Park Zink, Angela R. Gebhardt, Mark Ells, Michelle Graef

Center on Children, Families, and the Law: Faculty Publications

The Wisconsin Department of Children and Families and the Midwest Child Welfare Implementation Center are collaborating with Wisconsin's tribes and county child welfare agencies to improve outcomes for Indian children by systemically implementing the Wisconsin Indian Child Welfare Act (WICWA).This groundbreaking coUaboration wiU increase practitioners' understanding ofthe requirements of WICWA and the need for those requirements, enhance communication and coordination between all stakeholders responsible for the welfare of Indian children in Wisconsin; it is designed to effect the systemic integration of the philosophical underpinnings of WICWA.

In December 2009, Governor James Doyle signed the Wisconsin Indian Child Welfare Act, signaling …

American Indian Women And Sexual Assault: Challenges And New Opportunities, Angela R. Gebhardt, Jane D. Woody

Center on Children, Families, and the Law: Faculty Publications

This article informs social workers about sexual violence against American Indian and Alaskan Native (AI/AN) women and the policy reforms in the 2010 Tribal Law and Order Act (TLOA). It describes the unmet needs of AI/AN survivors, reviews the TLOA reforms on sexual assault in relation to social work and public health principles, discusses the complementary roles for social workers and public health practitioners in reform efforts, and offers guidance for professional participation that emphasizes tribal sovereignty, indigenous capacity, and cultural competence.

Legislating A Family-Friendly Workplace: Should It Be Done In The United States?, Marianne Delpo Kulow

Northwestern Journal of Law & Social Policy

This Article reviews both domestic and international efforts to legislate a more family-friendly workplace, with an eye toward measuring the impact of these various initiatives and predicting both their future success and the likelihood of more widespread adoption. In particular, the Article reviews federal, state, and international legislative efforts to mandate: paid parental leaves; paid sick days; and flexible work arrangements. The Article then attempts to measure the effectiveness of such legislatively required, family-friendly policies by suggesting ways to measure and to predict the impact of U.S. legislative efforts to reconcile the conflicting responsibilities of work and parenthood. The Article …

Denial And Concealment Of Unwanted Pregnancy: "A Film Hollywood Dared Not Do", Susan Ayres, Prema Manjunath

Faculty Scholarship

The actual cases and two films examined in this essay challenge stock narratives of mothers who deny or conceal unwanted pregnancy as a monster, or a victim, and also challenge "legal norms, logic and structures" pertaining to unwanted pregnancy and neonaticide. This essay draws on films because of their influential power to "reach enormous audiences by combining narratives and appealing characters with visual imagery and technological achievement, ... stir deep emotions and leave deep impressions." For these reasons, Orit Kamir asserts that films are more compelling than "theoretical legal texts or even judicial rhetoric."

The two films examined -- Stephanie …

Desde Quisqueya Hacia Borinquen: Experiences And Visibility Of Immigrant Dominican Women In Puerto Rico: Violence, Lucha And Hope In Their Own Voices, Sheila I. Velez Martinez

Articles

In this paper, I engage in a discussion of the experiences of Dominican women in Puerto Rico by using their own voices; voices that narrate the construction and deconstruction of their identities. These women have lived through daunting and often deplorable experiences of violence and disenfranchisement, but have also had wonderful stories and experiences along the way. These women in more ways than one “challenge the dominant discourse regarding women’s submission, intuition, and dependence vis-à-vis men.” I propose that while these immigrant women have put their lives on the line for their families and themselves, they are by no means …

Elder Economic Security Initiative™: The Elder Economic Security Standard™ Index For South Dakota, Gerontology Institute, University Of Massachusetts Boston, Wider Opportunities For Women

Gerontology Institute Publications

This report addresses income adequacy for South Dakota’s older adults using the national WOW-GI National Elder Economic Security Standard Index (Elder Index) methodology. The Elder Index benchmarks basic costs of living for elder households and illustrates how costs of living vary geographically and are based on the characteristics of elder households, including household size, home ownership or renter status and health status. The costs are based on market costs for basic needs of elder households and do not assume any public or private supports.

Elder Economic Security Initiative™: The Elder Economic Security Standard™ Index For North Carolina, Gerontology Institute, University Of Massachusetts Boston, Wider Opportunities For Women

Gerontology Institute Publications

This report addresses income adequacy for North Carolina’s older adults using the national WOW-GI National Elder Economic Security Standard Index (Elder Index) methodology. The Elder Index benchmarks basic costs of living for elder households and illustrates how costs of living vary geographically and are based on the characteristics of elder households, including household size, home ownership or renter status and health status. The costs are based on market costs for basic needs of elder households and do not assume any public or private supports.

The Massachusetts Elder Economic Security Index (2011), Gerontology Institute, University Of Massachusetts Boston

Gerontology Institute Publications

The Elder Economic Security Standard^TM Index measures the income that Massachusetts’ seniors need to maintain independence and meet their basic living expenses in the community. The Elder Index uses an income measure that reflects the actual expenses for basic needs of older adults, and includes cost estimates for housing, food, medical care, transportation, and household essentials. Elder Index values are calculated for each state, on a county-by-county basis, providing policy makers and individuals a benchmark for determining what income or governmental supports are needed in their communities.

Of Wife And The Domestic Servant In The Arab World, Lama Abu-Odeh

Georgetown Law Faculty Publications and Other Works

The author asserts to avoid common misunderstandings on the relevance of Sharia to modern women in the Arab World that a) Shari’s relevance to the lives of modern women in the Arab World has been largely confined to the area of family law, b) in the modern nation state Sharia has been codified, i.e., certain rules derived from Islamic jurisprudence on the family have been selected and passed as laws, each nation state having its own unique combination of such rules, c) the courts and the judges who adjudicate disputes on family law are either secular courts/judges, or judges trained …

The Future Impact Of Same-Sex Marriage: More Questions Than Answers, Nan D. Hunter

Georgetown Law Faculty Publications and Other Works

Same-sex relationships have already significantly altered family law, by leading to new formal relationship statuses and incorporation of the principle that both of a child’s legal parents can be of the same sex. This essay explores further changes that may lie ahead as same-sex marriage debates increasingly affect both family law and the social meanings of marriage. Marriage as an institution has changed most dramatically because of the cumulative effects of the last half-century of de-gendering family law. Same-sex marriage–and perhaps even more so, the highly visible cultural debate over it–is contributing to this process.

The author argues that the …

Building Democracy In Japan, Mary Alice Haddad

Mary Alice Haddad

How is democracy made real? How does an undemocratic country create new institutions and transform its polity such that democratic values and practices become integral parts of its political culture? These are some of the most pressing questions of our times, and they are the central inquiry of Building Democracy in Japan. Using the Japanese experience as starting point, this book develops a new approach to the study of democratization that examines state-society interactions as a country adjusts its existing political culture to accommodate new democratic values, institutions and practices. With reference to the country's history, the book focuses on …