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Full-Text Articles in Law
Institutionalized Silence: The Problem Of Child Voicelessness In Divorce Proceedings, Brandon Sadowsky
Institutionalized Silence: The Problem Of Child Voicelessness In Divorce Proceedings, Brandon Sadowsky
Brandon Sadowsky
In this paper, I present the current state of child representation in divorce proceedings. I argue that children should be represented in all divorce proceedings. I then consider the best interest and client-directed models of child representation and argue that each model is supported by important intuitions: paternalism and autonomy, respectively. I try to formulate a hybrid model that satisfies both of these intuitions.
From Natural Law To Natural Inferiority: The Construction Of Racist Jurisprudence In Early Virginia, Allen P. Mendenhall
From Natural Law To Natural Inferiority: The Construction Of Racist Jurisprudence In Early Virginia, Allen P. Mendenhall
Allen Mendenhall
Science informed American jurisprudence during the age of the Revolution. Colonials used science and naturalism to navigate the wilderness, define themselves against the British, and forge a new national identity and constitutional order. American legal historians have long noted the influence of science upon the Founding generation, and historians of American slavery have casually noted the influence of science upon early American racism as organized and standardized in slave codes. This article seeks to synthesize the work of American legal historians and historians of American slavery by showing how natural law jurisprudence, anchored in scientific discourse and vocabulary, brought about …
Paternalism And Complicity: Or How Not To Atone For The 'Sins Of The Father', Fiona Probyn-Rapsey
Paternalism And Complicity: Or How Not To Atone For The 'Sins Of The Father', Fiona Probyn-Rapsey
Faculty of Law, Humanities and the Arts - Papers (Archive)
The cultural politics of Australian colonialism revolve around discourses of paternalism and the ' protection' of Aboriginal people. Understanding how paternalism reproduces itself transgenerationally, and between whites and Aboriginal people, between subordinated groups, between women, is one way to approach its limits. Starting with this premise, I examine the ways in which paternalism reproduces itself, such that even today white paternalistic attitudes towards Aboriginal people and culture are pervasive. I focus here on Mary Ellen Jordan' s Australian memoir Balanda: My Year in Arnhem Land (2005), which is critical of, and complicit with, the biopolitical power of paternalism and its …
Government Regulation Of Irrationality: Moral And Cognitive Hazards, Jonathan Klick, Gregory Mitchell
Government Regulation Of Irrationality: Moral And Cognitive Hazards, Jonathan Klick, Gregory Mitchell
All Faculty Scholarship
Behavioral law and economics scholars who advance paternalistic policy proposals typically employ static models of decision-making behavior, despite the dynamic effects of paternalistic policies. This Article considers how paternalistic policies fare under a dynamic account of decision making that incorporates learning and motivation effects. This approach brings out two important limitations on the efficiency effects of paternalistic regulations. First, if preferences and biases are endogenous to institutional forces, paternalistic government regulations may perpetuate and even magnify a given bias and cause other adverse psychological effects. Second, for some biases, it will be more efficient to invest resources in debiasing than …