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Articles 1 - 30 of 37
Full-Text Articles in Law
A Market Analysis Of The Family Market In Las Vegas, Lawrence Dandurand
A Market Analysis Of The Family Market In Las Vegas, Lawrence Dandurand
UNLV Gaming Research & Review Journal
The family market in Las Vegas is controversial. However, it already exists. It represents 8 percent of the total Las Vegas visitor market. Empirical data, based on a random sample of2,400 visitors to Las Vegas, are analyzed to provide information relevant to business strategy and public policy development. Research findings indicate significant differences between the family market and other markets.
Marriage Pluralism, Family Law Jurisdiction, And Sex Equality In The United States, Linda C. Mcclain
Marriage Pluralism, Family Law Jurisdiction, And Sex Equality In The United States, Linda C. Mcclain
Faculty Scholarship
In many regions of the world, rights guaranteed under the civil law, including rights to gender equality within marriage and rights in the distribution of family property and child custody upon divorce, are in conflict with the principles of religious law. Women's rights issues are often at the heart of these tensions, which present pressing challenges for theorists, lawyers, and policymakers. This anthology brings together leading scholars and activists doing innovative work in Jewish law, Muslim law, Christian law, and African customary law. Using examples drawn from a variety of nations and religions, they interrogate the utility of recent theoretical …
Prison Visitation Policies: A Fifty State Survey, Chesa Boudin
Prison Visitation Policies: A Fifty State Survey, Chesa Boudin
Chesa Boudin
This paper presents a summary of the findings from the first fifty-state survey of prison visitation policies. Our research explores the contours of how prison administrators exercise their discretion to prescribe when and how prisoners may have contact with friends and family. Visitation policies impact recidivism, inmates’ and their families’ quality of life, public safety, and prison security, transparency and accountability. Yet many policies are inaccessible to visitors and researchers. Given the wide-ranging effects of visitation, it is important to understand the landscape of visitation policies and then, where possible, identify best practices and uncover policies that may be counterproductive …
Vol. 4 No. 1, Fall 2012; Beyond The Womb: An Argument For Fundamental Rights In Vaccination Exemption Law, Samantha Hardt
Vol. 4 No. 1, Fall 2012; Beyond The Womb: An Argument For Fundamental Rights In Vaccination Exemption Law, Samantha Hardt
Northern Illinois Law Review Supplement
This Comment analyzes jurisprudence from the areas of abortion law and family autonomy rights, blending principles from both to suggest that a parent's right to decline vaccinations for his/her child should be deemed fundamental and, thus, should be statutorily protected by philosophical exemptions.
Singing Songs In A Strange Land: The Plight Of Haitian Children In The Space Of International Adoption., Glenys P. Spence
Singing Songs In A Strange Land: The Plight Of Haitian Children In The Space Of International Adoption., Glenys P. Spence
The Scholar: St. Mary's Law Review on Race and Social Justice
The best interests of children are not served by severing the familial bonds contemplated by international adoption law. Nonetheless, because of the high costs of the international adoption process, efforts to adopt their Haitian orphan relatives are ignored. In attempts to guarantee the “best interests of the child” are met, the United Nations Convention on the Rights of the Child (CRC) and the Hague Convention on the Protection of Children Co-Operative Respect of Intercountry Adoptions (Adoption Convention) were created as the two governing bodies of international adoption law. Global South countries, including Haiti, however, have not ratified the Adoption Convention. …
An Incompetent's Right To Withdraw From Treatment: Cruzan V. Missouri Department Of Health , Mary A. Watson
An Incompetent's Right To Withdraw From Treatment: Cruzan V. Missouri Department Of Health , Mary A. Watson
Pepperdine Law Review
No abstract provided.
The Best Interest Of The Child And The Law , Christian Reichel Van Deusen
The Best Interest Of The Child And The Law , Christian Reichel Van Deusen
Pepperdine Law Review
No abstract provided.
Gay Parenthood And The Revolution Of The Modern Family: An Examination Of The Unique Barriers Confronting Gay Adoptive Parents, Nicholas Arntsen
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 …
Gender And Sentencing: Single Moms, Battered Women, And Other Sex-Based Anomalies In The Gender-Free World Of The Federal Sentencing Guidelines, Myrna S. Raeder
Gender And Sentencing: Single Moms, Battered Women, And Other Sex-Based Anomalies In The Gender-Free World Of The Federal Sentencing Guidelines, Myrna S. Raeder
Pepperdine Law Review
No abstract provided.
Victim Harm, Retributivism And Capital Punishment: A Philosophy Critique Of Payne V. Tennessee , R. P. Peerenboom
Victim Harm, Retributivism And Capital Punishment: A Philosophy Critique Of Payne V. Tennessee , R. P. Peerenboom
Pepperdine Law Review
No abstract provided.
Special Needs Estate Planning-A Family Perspective, Terry L. Toske
Special Needs Estate Planning-A Family Perspective, Terry L. Toske
Marquette Elder's Advisor
Toske illustrates the need for early estate planning involving the entire family when a developmental disability affects a family member. The importance of maintaining eligibility for government programs is stressed, as well as the benefits of the planning to all concerned. Two case studies are used for illustration. A what do I do now? list is included.
The Communitarian Approach In The Elder Law Construct, A. Frank Johns
The Communitarian Approach In The Elder Law Construct, A. Frank Johns
Marquette Elder's Advisor
Johns suggests that the proposed revisions to the Model Rules do not go far enough in their approach to multiple party representations in elder law issues. He discusses initial client contact, formation of the client-lawyer relationship, client confidences in multiple representation, and intergenerational conflicts. Three interesting case studies are included to highlight the problems that can arise.
Funding A Grandchild's College Education, Richard L. Kaplan
Funding A Grandchild's College Education, Richard L. Kaplan
Marquette Elder's Advisor
This article examines a number of college-funding mechanisms available to grandparents for their grandchildren. In light of the multifaceted considerations and often conflicting factors, the article shows which approaches are most appropriate given any set of circumstances
Abuse In Nursing Homes: Consumers Are Being Left In The Dark, Kathryn Hensiak
Abuse In Nursing Homes: Consumers Are Being Left In The Dark, Kathryn Hensiak
Marquette Elder's Advisor
Horrific reports of physical and sexual abuse plague our nation's nursing homes. A key information resource for consumers, the federal Nursing Home Compare website, is failing to provide adequate information. While government officials are making efforts to improve the site, consumers must be vigilant and protect family members in nursing home care.
Mediation In Estate Planning: A Strategy For Everyone's Benefit, David Gage, John A. Gromala
Mediation In Estate Planning: A Strategy For Everyone's Benefit, David Gage, John A. Gromala
Marquette Elder's Advisor
How much better would this world be if we all believed that most disputes could be avoided? Mediation is offered as a tool to reach agreement, but the hard work of mediating a dispute requires a knowledgeable, experienced professional. These authors offer observations and strategies based on their expertise and success in the field.
Have State Judiciaries Become Legislatures When Grandma Comes To Court?: State Court Decisions In The Post-Troxel Era, Paula A. Lorfeld
Have State Judiciaries Become Legislatures When Grandma Comes To Court?: State Court Decisions In The Post-Troxel Era, Paula A. Lorfeld
Marquette Elder's Advisor
Although Troxel v. Granville mandated presumptive consideration of parents' rights in non-parent visitation statutes, states have interpreted Troxel in different ways. Lorfeld cites cases in several states. Some states have ruled non-complying statutes unconstitutional, while other states have ruled such statutes to be constitutional if they are applied with a presumption of unstated parents' rights. Are these courts usurping legislative functions?
Using Family Limited Partnerships For Estate Planning, Milton Childs
Using Family Limited Partnerships For Estate Planning, Milton Childs
Marquette Elder's Advisor
By using a family limited partnership, parents can keep control of a family enterprise while providing limited ownership rights to their children. Estate planners can use this device to protect assets and reduce income taxes. Childs suggests and explains different methods of reducing or eliminating estate taxes, discussing the need to differentiate between safe and dangerous assets.
Essay- Passing It On: The Inheritance, Ownership And Use Of Summer Houses, Ken Huggins
Essay- Passing It On: The Inheritance, Ownership And Use Of Summer Houses, Ken Huggins
Marquette Elder's Advisor
This essay discusses the many problems encountered when a summer vacation home is passed along to the next generations, such as assigning time slots and sharing responsibilities among various generations. Ways to make such situations work are explored. The suggested option is a formal operating agreement. Developing such an agreement and a comprehensive list of what might be included are discussed.
Grandparent Kinship Caregivers, Anna Leonard
Grandparent Kinship Caregivers, Anna Leonard
Marquette Elder's Advisor
With more children having grandparents as their primary caregivers, the informal nature of this relationship in the past is being transformed into a more formalized structure as public financial aid is needed by either the children or their grandparents or both. Leonard explores the difficulties grandparents encounter and the financial ramifications and legal options, including kinship foster care, which must be considered.
Family Harmony: An All Too Frequent Causality Of The Estate Planning Process , Timothy P. O'Sullivan
Family Harmony: An All Too Frequent Causality Of The Estate Planning Process , Timothy P. O'Sullivan
Marquette Elder's Advisor
In this in-depth article O'Sullivan explores reasons for naming a non-family member as fiduciary, while maintaining family input. Bequests involving family businesses or farms are investigated. Also discussed are issues involving loans to children, compensation for parent care, blended families, and the advisability of discussion of will provisions with adult children, especially if bequests are unequal. In all instances, steps to maintain family harmony are urged.
To Be Or Not To Be, Should Doctors Decide? Ethical N Legal Aspects Of Medical Futility Policies , Maureen Kwiecinski
To Be Or Not To Be, Should Doctors Decide? Ethical N Legal Aspects Of Medical Futility Policies , Maureen Kwiecinski
Marquette Elder's Advisor
Who should decide when to discontinue life support when such treatment appears to be hopeless? This article explores withdrawal or withholding life-sustaining medical treatment when health-care providers and family members disagree on a course of action which is likely to be futile or inappropriate. Ethical, moral, and legal implications are raised, and the lack of and need for guidelines is discussed.
Elder Mediation: Optimizing Major Family Transitions, Rikk Larsen, Crystal Thorpe
Elder Mediation: Optimizing Major Family Transitions, Rikk Larsen, Crystal Thorpe
Marquette Elder's Advisor
This article postulates that mediation may be an effective way for families to make difficult decisions on how to best care and provide for an elderly family member with declining abilities. Bringing all involved family members together and allowing all to be involved in the decision-making process invests each with a responsibility for decisions made from all the options available.
July 15, 2012: Our House, Bruce Ledewitz
July 15, 2012: Our House, Bruce Ledewitz
Hallowed Secularism
Blog post, “Our House“ discusses politics, theology and the law in relation to religion and public life in the democratic United States of America.
June 17, 2012: My First Fatherless Father’S Day, Bruce Ledewitz
June 17, 2012: My First Fatherless Father’S Day, Bruce Ledewitz
Hallowed Secularism
Blog post, “My First Fatherless Father’s Day“ discusses politics, theology and the law in relation to religion and public life in the democratic United States of America.
La Bodega De La Familia: Supporting Parolees' Reintegration Within A Family Context, Jeanne Flavin, David Rosenthal
La Bodega De La Familia: Supporting Parolees' Reintegration Within A Family Context, Jeanne Flavin, David Rosenthal
Jeanne M Flavin
This essay discusses how Family Justice and La Bodega de la Familia respond to the diverse challenges of reintegration post incarceration. It also discusses the benefits of a model of judicial supervision that recognizes individuals' social locations within their families and communities. With the goal of producing more effective and humane prisoner reintegration, especially in the context of drug offenses, the Authors recommend family case management. They additionally encourage parole and criminal justice practice to shift its focus from the individual parolee to families and their strengths.
Negotiating The "Labor Of Love": How Resources, Time, And Gender Shape Parenting Agreements, Marlena Studer
Negotiating The "Labor Of Love": How Resources, Time, And Gender Shape Parenting Agreements, Marlena Studer
Pepperdine Law Review
No abstract provided.
Law Firms As Defendants: Family Responsibilities Discrimination In Legal Workplaces, Joan C. Williams, Stephanie Bornstein, Diana Reddy, Betsy A. Williams
Law Firms As Defendants: Family Responsibilities Discrimination In Legal Workplaces, Joan C. Williams, Stephanie Bornstein, Diana Reddy, Betsy A. Williams
Pepperdine Law Review
No abstract provided.
Supporting Children, Balancing Lives, Katharine K. Baker
Supporting Children, Balancing Lives, Katharine K. Baker
Pepperdine Law Review
This paper examines how U.S. child support policy validates traditional divisions of labor and thereby hinders individual attempts to achieve an acceptable work/family balance. It argues that by using the household as the relevant unit of measurement for child support purposes, family law doctrine legitimates the specialization contracts that arise within households. These specialization contracts, used most extensively in wealthy, elite households, undermine attempts to distribute caretaking and provider roles more equally between parents. The article suggest that by dispensing with the household as the relevant unit of measurement and treating all parents individually, each with a responsibility to caretake …
Work-Family Legislation In The United States, Canada, And Western Europe: A Quantitative Comparison, Richard N. Block
Work-Family Legislation In The United States, Canada, And Western Europe: A Quantitative Comparison, Richard N. Block
Pepperdine Law Review
No abstract provided.
Role Of Mothers In The Family, Church And Society, Chinedu Chibueze Ihenetu-Geoffrey
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 …