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Articles 1 - 5 of 5
Full-Text Articles in International Law
We Are All Farkhunda: An Examination Of The Treatment Of Women Within Afghanistan's Formal Legal System, Ashley Lenderman
We Are All Farkhunda: An Examination Of The Treatment Of Women Within Afghanistan's Formal Legal System, Ashley Lenderman
Indiana Journal of Constitutional Design
In this paper, I will examine three cases of violence against women that went through the Afghan formal legal system: the case of Farkhunda, the Paghman district gang rape case, and the case of Sahar Gul. In the first Part, I will discuss the formal legal system framework on which the cases are based. In the second Part, I will discuss the cases in detail. In the third Part, I will describe neo-liberal, reformist, and neo-fundamentalist approaches to interpretation of Islamic law, and I will then draw out pieces of the decisions from the three cases that closely match these …
Voila! Taking The Judge Out Of Divorce, Margaret Ryznar, Angélique Devaux
Voila! Taking The Judge Out Of Divorce, Margaret Ryznar, Angélique Devaux
Seattle University Law Review
This Article examines the possibility of non-judicial divorce in the United States based on the French model. Part I begins by examining the recognition of divorce by agreement of the parties in France. Part II analyzes the judicial role in American divorces, and whether it bars either domestic non-judicial divorce or recognition of foreign non-judicial divorce. Part III undertakes a comparative analysis, concluding that the United States may be amenable to non-judicial divorces that occur not only abroad but, eventually, within its own borders.
Habitual Residence V. Domicile: A Challenge Facing American Conflicts Of Laws, Mo Zhang
Habitual Residence V. Domicile: A Challenge Facing American Conflicts Of Laws, Mo Zhang
Maine Law Review
Habitual residence has now become an internationally accepted connecting factor in conflict of laws and is widely being used as an alternative to, or replacement of, domicile. This concept, however, remains remote to American conflict of laws. Although the use of habitual residence in the U.S. courts is mandated by the codification of the Hague Child Abduction Convention, there is still a lack of general acceptance in American conflict of law literature. The Article argues that habitual residence should be adopted as a conflict of law connecting factor in American conflict of laws, and it would be unwise for the …
Unregulated Custody Transfers: Why The Practice Of Rehoming Should Be Considered A Form Of Illegal Adoption And Human Trafficking, Michael D. Aune
Unregulated Custody Transfers: Why The Practice Of Rehoming Should Be Considered A Form Of Illegal Adoption And Human Trafficking, Michael D. Aune
Georgia Journal of International & Comparative Law
No abstract provided.
Far From Now-Settled: The Supreme Court's Decision In Lozano V. Montoya Alvarez As A Violation Of Substantive And Procedural Due Process Under The International Child Abduction Remedies Act, Cassandra Erler
American University Journal of Gender, Social Policy & the Law
No abstract provided.