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Articles 1 - 30 of 43
Full-Text Articles in Family Law
Voices Lost And Found: Training Ethical Lawyers For Children, William Kell
Voices Lost And Found: Training Ethical Lawyers For Children, William Kell
William Kell
Symposium: Law and the New American Family Held at Indiana University School of Law Apr. 4, 1997
The High Price Of Poverty: A Study Of How The Majority Of Current Court System Procedures For Collecting Court Costs And Fees, As Well As Fines, Have Failed To Adhere To Established Precedent And The Constitutional Guarantees They Advocate., Trevor J. Calligan
Trevor J Calligan
No abstract provided.
The Role Of Legal Education In The Emerging Legal Specialty Of Pediatric Law, Diane C. Geraghty
The Role Of Legal Education In The Emerging Legal Specialty Of Pediatric Law, Diane C. Geraghty
Diane C. Geraghty
No abstract provided.
Clinical Cognitive Dissonance: The Values And Goals Of Domestic Violence Clinics, The Legal System, And The Students Caught In The Middle, Leigh S. Goodmark
Clinical Cognitive Dissonance: The Values And Goals Of Domestic Violence Clinics, The Legal System, And The Students Caught In The Middle, Leigh S. Goodmark
Leigh S. Goodmark
No abstract provided.
A Strategy For Teaching Objectivity To The Domestic Relations Student: Utilizing Psychodrama To Explore Attorney Empathy Toward Improving Family Law Outcomes, Bruce L. Beverly
A Strategy For Teaching Objectivity To The Domestic Relations Student: Utilizing Psychodrama To Explore Attorney Empathy Toward Improving Family Law Outcomes, Bruce L. Beverly
Bruce L. Beverly
The basic domestic relations law course is often taught by the casebook method, with little reference to actual underlying human drama. In order to produce effective advocates, it is necessary for student to be brought out of the sterile case recitation model and into a role where the student experiences, in a controlled and directed fashion, some of the hardships faced by the players in a family law case. This article proposes that, in line with new emphasis on experiential learning and alternate learning styles, one might employ a psychodramatic approach to teaching the domestic relations course, in order to …
Collaboration And Coercion: Domestic Violence Meets Collaborative Law, Margaret B. Drew
Collaboration And Coercion: Domestic Violence Meets Collaborative Law, Margaret B. Drew
Margaret B Drew
‘Collaboration and Coercion’ addresses the systemic and individual concerns that arise when family members that have experienced abuse enter into the collaborative law process. A form of alternative dispute resolution, collaborative law is a method of resolving disputes without engagement of the legal system. The author addresses the structural and cultural difficulties that survivors of abuse encounter throughout the process as well as the ethical concerns that are raised when collaborative practitioners accept cases where the parties have a history of coercion within the intimate relationship.
Roe V. Wade And The Dred Scott Decision: Justice Scalia's Peculiar Analogy In Planned Parenthood V. Casey, Jamin B. Raskin
Roe V. Wade And The Dred Scott Decision: Justice Scalia's Peculiar Analogy In Planned Parenthood V. Casey, Jamin B. Raskin
Jamin Raskin
No abstract provided.
A Case Study On Burying Alive Of Two Women In Balochistan, Sohail Ahmed Ansari Advocate
A Case Study On Burying Alive Of Two Women In Balochistan, Sohail Ahmed Ansari Advocate
Sohail Ahmed Ansari Advocate
Violence against women is present in a variety of forms in Pakistan. From domestic abuse & sexual harassment to child marriages and honour killing; a range of anti-women atrocities are carried out. Pakistani women face systematic discrimination from the day they are born. The patriarchal mindset of society refuses to recognize them as human beings deserving of equality, human rights and justice. Unfortunately in some parts of Balochistan a brutal custom of justice prevails; where the women are treated as trading objects. They are being tried without hearing their cause. They are not allowed to plea their case. They are …
The Proscription Of Incorporated Law Practices (Ilps) In Nigeria: The Legal And Constitutional Issues Arising, Abdullahi Saliu Ishola
The Proscription Of Incorporated Law Practices (Ilps) In Nigeria: The Legal And Constitutional Issues Arising, Abdullahi Saliu Ishola
Abdullahi Saliu Ishola
This paper critically examines the legality and constitutionality of the provision of Rule 5 sub-rule (5) of the Rules of Professional Conduct for Legal Practitioners, 2007 (the Rules), prohibiting the practice of law in Nigeria as a corporation. The appraisal is done on the scales of the provisions of Sections 40 and 42 of the 1999 Constitution of the Federal Republic of Nigeria, as amended (the Constitution), providing for rights to freedom of association and peaceful assembly and freedom from discrimination, respectively; on one hand, and, Section 18 of the Companies and Allied Matters Act (CAMA), allowing any two or …
Imbrication Of Legal And Expert Discourses On Monoparental Adoptive Processes, Raquel Medina Plana
Imbrication Of Legal And Expert Discourses On Monoparental Adoptive Processes, Raquel Medina Plana
Raquel Medina Plana
Long and complex, international adoption processes can be seen as constituting a set of performative practices which involve strategies of transmission/ incorporation of culture, implying the construction of relational identities or subjectivities. With an “educational” drive, and a strong uniformity aspiration, the relevant institutions would be constructing a unified kind of adoptive parenthood, not just in their public dimension but also on the more intimate identity configuration level: the emotional life, affections, expectations, personal history… (Borrillo and Pitois-Etienne, 2004). When confronted with “non-traditional” family projects (as it is the case with monoparental adoption), adoptive processes perform a strong governmental control …
Professional Ethics In Interdisciplinary Collaboratives: Zeal, Paternalism And Mandated Reporting, Alexis Anderson, Lynn Barenberg, Paul R. Tremblay
Professional Ethics In Interdisciplinary Collaboratives: Zeal, Paternalism And Mandated Reporting, Alexis Anderson, Lynn Barenberg, Paul R. Tremblay
Paul R. Tremblay
In this Article, the authors, two clinical law teachers and a social worker teaching in the clinic, wrestle with some persistent questions that arise in cross-professional, interdisciplinary law practice. In the past decade much writing has praised the benefits of interdisciplinary legal practice, but many sympathetic skeptics have worried about the ethical implications of lawyers working with nonlawyers, such as social workers and mental health professionals. Those worries include the difference in advocacy stances between lawyers and other helping professionals, and the mandated reporting requirements that apply to helping professionals but usually not to lawyers. This Article addresses those concerns …
Emerging Models For Alternatives To Marriage, Sanford N. Katz
Emerging Models For Alternatives To Marriage, Sanford N. Katz
Sanford N. Katz
Perhaps one of the most important changes in family law in the past thirty years has been the inclusion of certain kinds of friendships in the range of relationships from which rights and responsibilities can flow. Domestic partnership laws, a phenomenon of the 1990s, may be seen as a natural development from the judicial recognition of contract cohabitation and the legislative and judicial response to same-sex couples who, unable to meet statutory requirements for marriage, have sought official recognition of their relationships. This essay discusses an aspect of certain kinds of domestic partnership laws-their formal requirements and the extent to …
El Derecho De Sucesiones Se Debe Atemperar A Los Cambios De La Sociedad Del Siglo Xxi, Edward Ivan Cueva
El Derecho De Sucesiones Se Debe Atemperar A Los Cambios De La Sociedad Del Siglo Xxi, Edward Ivan Cueva
Edward Ivan Cueva
No abstract provided.
Teaching Controversial Topics, Beth A. Burkstrand-Reid
Teaching Controversial Topics, Beth A. Burkstrand-Reid
Beth A. Burkstrand-Reid
At the 2009 Future of Family Law Education conference at the William Mitchell School of Law, the authors participated in a panel discussing strategies for teaching controversial topics, which focused on teaching reproductive rights and related gender issues. This essay collects some of the strategies discussed at the conference. First we address what constitutes a “controversial” legal topic, outlining the several different ways in which a topic might be or become controversial within the context of a particular class. Next, we discuss the importance of laying the groundwork, throughout the semester, for the anticipated—and unanticipated— discussions surrounding controversial topics and …
'Judicial' Decision-Making In Australia: Critique And Redemption, John Wade
'Judicial' Decision-Making In Australia: Critique And Redemption, John Wade
John Wade
Extract: In Australia, as in most countries, the landscape of judges is vast. Judicial activity can be categorised in many ways. For example, first there is a tiny minority of judges with ’lifelong’ appointments (ie, to the age of 70 or 72 years); who are appointed by the government in power; who work in offices which look like traditional ’courtrooms’; and whose decision-making processes are usually publicised by observers and the publication of decisions and reasoning; and who, importantly, are constitutionally protected from political interference.
Denying Choice Of Forum: An Interference By The Massachusetts Trial Court With Domestic Violence Victims' Rights, Margaret B. Drew, Marilu E. Gresens
Denying Choice Of Forum: An Interference By The Massachusetts Trial Court With Domestic Violence Victims' Rights, Margaret B. Drew, Marilu E. Gresens
Margaret B Drew
The article discusses the due process denials inherent in the Massachusetts scheme designed to defeat the victim's choice of forum for hearing on a civil protection order petition. The scheme would divert many protection orders to family court even though the statute in question permits filing and hearing of the petitions in district, superior and famiy courts. The diversion would be available whenever there is a related case filed in family court at the time that the petition for protection is filed. More alarmingly, the petition could be diverted to family court if a subsequent action was filed in the …
"Judicial" Decision-Making In Australia – Critique And Redemption, John Wade
"Judicial" Decision-Making In Australia – Critique And Redemption, John Wade
John Wade
Extract:
This paper has four parts, namely a description of:
A. The Context ▪ Australia (the place) ▪ The vast landscape of “judicial” or quasi-judicial decision makers
B. The Commentary ▪ Repetitive critiques of judicial decision-making ▪ Redemption of judicial decision making
Plus an Appendix on Court Structures with details and diagrams.
La Cesión De Derechos En El Código Civil Peruano, Edward Ivan Cueva
La Cesión De Derechos En El Código Civil Peruano, Edward Ivan Cueva
Edward Ivan Cueva
La Cesión de Derechos en el Código Civil Peruano
Algunos Apuntes En Torno A La Prescripción Extintiva Y La Caducidad, Edward Ivan Cueva
Algunos Apuntes En Torno A La Prescripción Extintiva Y La Caducidad, Edward Ivan Cueva
Edward Ivan Cueva
No abstract provided.
Sperm, Egg, And A Petri Dish: Unveiling The Underlying Property Issues Surrounding Cryopreserved Embryos, Laura Hash
Sperm, Egg, And A Petri Dish: Unveiling The Underlying Property Issues Surrounding Cryopreserved Embryos, Laura Hash
Laura Hash
No abstract provided.
Do Ask And Do Tell: Rethinking The Lawyer's Duty To Warn In Domestic Violence Cases, Margaret B. Drew, Sarah Buel
Do Ask And Do Tell: Rethinking The Lawyer's Duty To Warn In Domestic Violence Cases, Margaret B. Drew, Sarah Buel
Margaret B Drew
Empirical data document that while domestic violence victims face high risk of recurring abuse, batterers’ lawyers may be privy to information that could avert further harm. Attorneys owe a duty of confidentiality to their clients that can be breached only in extraordinary circumstances, such as when counsel learns her client plans to commit a crime. To resolve the tension between client confidentiality and victim safety, this Article argues that, in the context of domestic violence cases, lawyers have an affirmative duty to (1) screen battering clients who have indicated a likelihood of harming others, (2) attempt to dissuade them from …
Justice Michael A. Musmanno And Obscenity (1956-1967), Joel Fishman
Justice Michael A. Musmanno And Obscenity (1956-1967), Joel Fishman
Joel Fishman
Justice Michael A. Musmanno was an outspoken, highly critical opponent to obscenity as decided by the United States and Pennsylvania Supreme Courts in the late 1950s and 1960s.
Domestic Violence And Lawyer Malpractice: Are We Revictimizing Our Clients?, Margaret B. Drew
Domestic Violence And Lawyer Malpractice: Are We Revictimizing Our Clients?, Margaret B. Drew
Margaret B Drew
Many family law attorneys are not qualified to represent survivors of domestic violence. Often the attorneys are not educated on the dynamics of domestic violence or the risks encountered by survivors as they navigate the family court system. Despite the availabilty of domestic violence text books, literature and empirical data, often attorneys fail to understand abuse amd ignore its consequences when recommending remedies for the abuser as well as the survivor client. In doling so, attorneys open themselves to potential malpractice claims. This articles explores some of the ways in which attorneys minimize the impact of abuse on the family …
Four Decades Of The Duquesne Law Review Volumes 1-40 (1963-2002): A History, Joel Fishman
Four Decades Of The Duquesne Law Review Volumes 1-40 (1963-2002): A History, Joel Fishman
Joel Fishman
This article celebrates forty years of publication of the Duquesne Law Review.
Justice Michael A. Musmanno And Constitutional Dissents, 1967-68, Joel Fishman
Justice Michael A. Musmanno And Constitutional Dissents, 1967-68, Joel Fishman
Joel Fishman
Associate Justice Michael A. Musmanno of the Pennsylvania Supreme Court contributed several important dissenting opinions to constitutional questions at the end of his career which are reviewed in this article.
Duelling Experts In Mediation And Negotiation: How To Respond When Eager Expensive Entrenched Expert Egos Escalate Enmity, John Wade
John Wade
Having dueling experts is a predictable problem for negotiators and mediators. A routine process in response is set out: normalizing, reframing, and turning the barrier into a standard problem-solving question. Twelve standard responses (each with inevitable advantages and disadvantages) are systematized for mediators and negotiators to learn and possibly add value to any negotiation.
Manual De Derecho Procesal Civil, Edward Ivan Cueva
Manual De Derecho Procesal Civil, Edward Ivan Cueva
Edward Ivan Cueva
No abstract provided.
Bibliography Of Legal History Articles Appearing In Law Library Journal, Volumes 1-94 (1908-2002), Joel Fishman, Adrienne Adan, Laura Bedard, Christopher Knott, Nancy Mcmurrer, Nancy Poehlmann, Margaret Schilt
Bibliography Of Legal History Articles Appearing In Law Library Journal, Volumes 1-94 (1908-2002), Joel Fishman, Adrienne Adan, Laura Bedard, Christopher Knott, Nancy Mcmurrer, Nancy Poehlmann, Margaret Schilt
Joel Fishman
This article provides an annotated listing of all legal history articles published in Law Library Journal from 1906-2002
Liability Of Mediators For Pressure, Drafting And Advice, John Wade
Liability Of Mediators For Pressure, Drafting And Advice, John Wade
John Wade
Complex tensions that can occur during negotiations and decision-making are illustrated in the Supreme Court of Victoria decision in the case of Taphoohi v Lewenberg. Cases such as this place judges in the position of making decisions about 'proper mediator behaviour' and of making major policy decisions about professional diversity and standards.
False Dichotomies And Asking The Right Questions, John Wade
False Dichotomies And Asking The Right Questions, John Wade
John Wade
This is a comment on a recent article entitled Enacting and Reproducing Social and Individual Identity Through Mediation by Ho-Beng Chia, Chee-Leong Chong, Joo-Eng Lee-Partridge, Chantel Chu Shi Hwee, and Sharon Francesca Koh Wei-Fei, in Conflict Resolution Quarterly, 2000, 19(1).