Marquette University Law School
John Marshall Law School
University of Massachusetts Boston
The Impact Of Cultural Heritage On Japanese Towns And Villages,
2020
University of Tsukuba
The Impact Of Cultural Heritage On Japanese Towns And Villages, Yuichiro Tsuji Dr.
Seattle Journal of Technology, Environmental & Innovation Law
In 1954, when historically significant clays and clay pots were found in the Iba district of Shizuoka prefecture, the city applied to the prefectural education committee for a historic site designation. The committee granted this designation to the city..
However, in 1973 the education committee lifted its permission to promote development around the location. Historians have sought revocation of this decision under the Administrative Case Litigation Act (ACLA), but the Supreme Court has denied standing. By denying standing, the Japanese Supreme Court allows the prefecture to destroy a historical site.
First, this paper seeks to discuss the doctrine of standing ...
Blockchain Wills,
2020
Pace University School of Law
Blockchain Wills, Bridget J. Crawford
Indiana Law Journal
Blockchain technology has the potential to radically alter the way that people have
executed wills for centuries. This Article makes two principal claims—one
descriptive and the other normative. Descriptively, this Article suggests that
traditional wills formalities have been relaxed to the point that they no longer serve
the cautionary, protective, evidentiary, and channeling functions that scholars have
used to justify strict compliance with wills formalities. Widespread use of digital
technology in everyday communications has led to several notable cases in which
individuals have attempted to execute wills electronically. These wills have had a
mixed reception. Four states currently recognize ...
Aging Out Arbitration For Wrongful Death Suits In Nursing Homes,
2020
Pepperdine University
Aging Out Arbitration For Wrongful Death Suits In Nursing Homes, Courtney Dyer
Pepperdine Dispute Resolution Law Journal
The first section of this article will discuss the significance of removing arbitration agreements from wrongful death claims and implementing mediation instead. The second section will detail the background of arbitration clauses in nursing homes. The third section will review state acts that have opposed the use of arbitration agreements for wrongful death claims in nursing homes. The fourth section will analyze cases that have challenged arbitration agreements in nursing homes for wrongful death claims. The fifth section will propose compulsory mediation and multi-tiered dispute resolution clauses as substitutes for arbitration clauses. Finally, the sixth section will consider potential objections ...
The Crime Of Grooming,
2020
Barry University School of Law
The Crime Of Grooming, Dr. Limor Ezioni
Child and Family Law Journal
No abstract provided.
Conditional Parentage Is The New Eugenics,
2020
Barry University School of Law
Conditional Parentage Is The New Eugenics, Dr. Yael Efron, Dr. Pnina Lifshitz-Aviram
Child and Family Law Journal
No abstract provided.
The Putative Spouse And Marriage By Estoppel Doctrines: An "End Run Around Marriage" Or Just A Marriage?,
2020
Barry University School of Law
The Putative Spouse And Marriage By Estoppel Doctrines: An "End Run Around Marriage" Or Just A Marriage?, Dana E. Prescott, Esq., Ph.D
Child and Family Law Journal
No abstract provided.
The Children Of Youtube: How An Entertainment Industry Goes Around Child Labor Laws,
2020
Barry University School of Law
The Children Of Youtube: How An Entertainment Industry Goes Around Child Labor Laws, Neyza Guzman, J.D.
Child and Family Law Journal
No abstract provided.
The Baker Act: Time For Florida To Get Its Act Together,
2020
Barry University School of Law
The Baker Act: Time For Florida To Get Its Act Together, Alexander Lemieux
Child and Family Law Journal
No abstract provided.
The Loophole In The Florida Notice Requirement For Foster Caregivers,
2020
Barry University School of Law
The Loophole In The Florida Notice Requirement For Foster Caregivers, Eve Lumsden
Child and Family Law Journal
No abstract provided.
Me Too? The Invisible Older Victims Of Sexual Violence,
2020
Columbia Law School
Me Too? The Invisible Older Victims Of Sexual Violence, Ruthy Lowenstein Lazar
Michigan Journal of Gender & Law
A review of legal research on violence against women and elder abuse reveals a disturbing picture. There is hardly any American legal research examining sexual abuse of older women and its conceptualization in legal literature and treatment in the legal system.
This Article attempts to fill the abovementioned gap and to bring the hidden issue of sexual violence against older women to light. Scholars writing on rape, violence against women, and elder abuse tend to analyze age and gendered sexual violence separately from each other, without accounting for their interplay. This Article proposes a conceptual framework of sexual abuse of ...
Assessing Mental Capacity: Buv V Buu [2019] Sghcf 15,
2020
Singapore Management University
Assessing Mental Capacity: Buv V Buu [2019] Sghcf 15, Gary Kok Yew Chan
Research Collection School Of Law
The assessment of the mental capacity of an elderly person (“P”) is central to the framework under the Mental Capacity Act (Cap 177A, 2010 Rev Ed). This case note discusses the clinical diagnosis and functional aspects of mental capacity and evidence needed to assess P’s mental capacity; the importance of examining the functional abilities for particular decisions to be made and how they are applied to P’s decision to execute legal documents; the extent to which assistance may be provided to P to make decisions; and the impact of undue influence on mental capacity
Silver And Old: How Emtala's Outdated Appropriate Medical Screening Standard Impacts The Aging Population,
2020
Seattle University School of Law
Silver And Old: How Emtala's Outdated Appropriate Medical Screening Standard Impacts The Aging Population, Madisyn Uekawa
Seattle University Law Review
With the U.S. elder population on the brink of booming, attention to the ramifications of legal standards that affect them is a must. In 2018, the Sixth Circuit split from its sister circuits and solidified an interpretation of the Emergency Medical Treatment and Labor Act’s (EMTALA) “appropriate medical screening” standard that will adversely affect aging individuals. Since older adults are the most likely demographic to use emergency care services, laws that impact emergency care will inevitably trickle down to this group of people. To protect already vulnerable older adults, EMTALA should be modified in such a way that ...
Holding The Therapeutic State At Bay? Balancing Autonomy And Protection In Singapore's Vulnerable Adults Act,
2020
Singapore Management University
Holding The Therapeutic State At Bay? Balancing Autonomy And Protection In Singapore's Vulnerable Adults Act, Wing Cheong Chan
Research Collection School Of Law
Abuse, exploitation and neglect of adults raise complex issues on the freedom of the individual to choose for themselves versus the powers of the State to intervene. The law has traditionally limited the scope of compulsory intervention to extreme situations only which can frustrate social workers who deal with such cases. On the other hand, it would be unacceptable to allow intervention simply because it is assessed to be in the adults’ best interests. A balance therefore has to be struck between autonomy and protection. This paper examines how Singapore’s Vulnerable Adults Act identifies the point for intervention and ...
Florida’S Domestic Violence Injunction: How Our Past Shapes Our Future,
2019
Barry University School of Law
Florida’S Domestic Violence Injunction: How Our Past Shapes Our Future, Bryan M. Truyol Esq.
Child and Family Law Journal
No abstract provided.
The Effects Of Forcible Separation And The Ramifications Involved In Using Genetic Testing To Reunite Immigrants At The Border,
2019
Barry University School of Law
The Effects Of Forcible Separation And The Ramifications Involved In Using Genetic Testing To Reunite Immigrants At The Border, Thameshwarie Ghamandi
Child and Family Law Journal
No abstract provided.
Protecting The Millennial Generation: Beyond The Scope Of The Internet,
2019
Barry University - Dwayne O. Andreas School of Law
Protecting The Millennial Generation: Beyond The Scope Of The Internet, Alexandria Vasquez Esq.
Child and Family Law Journal
No abstract provided.
Paternity And The Quasi-Marital Child,
2019
Barry University School of Law
Paternity And The Quasi-Marital Child, The Honorable Diana Tennis
Child and Family Law Journal
No abstract provided.
Intercountry Adoption: Testing Out The Child Before You Purchase Intensive Look At The Home Study And Placement Supervision Of Intercountry Adoption,
2019
Barry University School of Law
Intercountry Adoption: Testing Out The Child Before You Purchase Intensive Look At The Home Study And Placement Supervision Of Intercountry Adoption, Jessica Etienne Esq.
Child and Family Law Journal
No abstract provided.
The Human Right To A Fair Start In Life,
2019
Barry University School of Law
The Human Right To A Fair Start In Life, Matthew Hamity Esq.
Child and Family Law Journal
No abstract provided.
The Separation Of Migrant Families At The Border Under The Trump Administration’S Zero-Tolerance Policy: A Critical Analysis Of The Mistreatment Of Immigrant Children Held In U.S. Custody,
2019
Barry University School of Law
The Separation Of Migrant Families At The Border Under The Trump Administration’S Zero-Tolerance Policy: A Critical Analysis Of The Mistreatment Of Immigrant Children Held In U.S. Custody, Dhillon Ramkhelawan
Child and Family Law Journal
This article provides a critical analysis of the Trump Administration’s zero-tolerance policy that separated migrant families at the Southwest United States border from April to June 2018. It will provide a statistical analysis regarding the number of migrant children that were separated from their parents during this time period, and it will describe the poor living conditions that many of these children were subjected to as they waited for their parent’s immigration cases to be decided. Additionally, this article will also critically analyze the United States’ history of mistreating migrant children who started to flee their war-torn countries ...
