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Full-Text Articles in Law
The “Eye Of The Beholder”: Professional Opinions About The Best Interests Of A Child, Noel Semple
The “Eye Of The Beholder”: Professional Opinions About The Best Interests Of A Child, Noel Semple
Law Publications
Child custody evaluations (CCEs) are a central feature of parenting litigation in many North American jurisdictions. However, there has been little recent research comparing CCE decisions about children’s interests with decisions made by judges. This article presents empirical research about the extent to which Ontario judges accept custody and access recommendations from CCEs employed by Ontario’s Office of the Children’s Lawyer. The central finding was that the judges fully agreed with the CCEs only about half of the time. Possible explanations for this finding are explored, the most salient of which is the effect of delay in Ontario family litigation. …
No-Drop Civil Protection Orders: Exploring The Bounds Of Judicial Intervention In The Lives Of Domestic Violence Victims, Tamara L. Kuennen
No-Drop Civil Protection Orders: Exploring The Bounds Of Judicial Intervention In The Lives Of Domestic Violence Victims, Tamara L. Kuennen
Sturm College of Law: Faculty Scholarship
Whatever approach a judge takes to a victim's motion to vacate, there will be a risk. Women who are victims of domestic violence will be threatened or hurt or even killed, and the danger of this happening may increase or decrease based in part on the judge's decision. In the face of such risk, this article argues that on balance, the cost of sacrificing victim autonomy in these cases is too great, and that courts should defer to the victim's decision to vacate, except in the limited circumstance in which doing so is detrimental to an identifiable third party - …
The Ideal Of Liberty: A Comment On Michael H. V. Gerald D., Robin West
The Ideal Of Liberty: A Comment On Michael H. V. Gerald D., Robin West
Georgetown Law Faculty Publications and Other Works
What is the meaning and content of the "liberty" protected by the due process clause of the fourteenth amendment? In Michael H. v. Gerald D. Justices Brennan and Scalia spelled out what at first blush appear to be sharply contrasting understandings of the meaning of liberty and of the substantive limits liberty imposes on state action. Justice Scalia argued that the "liberty" protected by a substantive interpretation of due process is only the liberty to engage in activities historically protected against state intervention by firmly entrenched societal traditions. I will sometimes call this the "traditionalist" interpretation of liberty. Justice Brennan, …