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Faultless Guilt: Toward A Relationship Based View Of Criminal Liability, Amy Sepinwall 2016 Legal Studies & Business Ethics/Wharton University of Pennsylvania

Faultless Guilt: Toward A Relationship Based View Of Criminal Liability, Amy Sepinwall

Amy J. Sepinwall

There is in the criminal law perhaps no principle more canonical than the fault principle, which holds that one may be punished only where one is blameworthy, and one is blameworthy only where one is at fault. Courts, criminal law scholars, moral philosophers and textbook authors all take the fault principle to be the foundational requirement for a just criminal law. Indeed, perceived threats to the fault principle in the mid-Twentieth Century yielded no less an achievement than the drafting of the Model Penal Code, which had as its guiding purpose an effort to safeguard faultless conduct from criminal condemnation ...


Good Evidence, Safe Outcomes In Parenting Matters Involving Domestic Violence? Understanding Family Report Writing Practice From The Perspective Of Professionals Working In The Family Law System, Samatha Jeffries, Rachael Field, Helena Menih, Zoe Rathus 2016 Griffith University

Good Evidence, Safe Outcomes In Parenting Matters Involving Domestic Violence? Understanding Family Report Writing Practice From The Perspective Of Professionals Working In The Family Law System, Samatha Jeffries, Rachael Field, Helena Menih, Zoe Rathus

Rachael Field

Cases involving families where there are allegations of domestic violence constitute a significant part of family court caseloads in Australia. Research undertaken by the Australian Institute of Family Studies showed that allegations of spousal violence occurred in over 51 per cent of litigated cases, with the figure rising to over 70 per cent of cases not judicially determined. These are complex and difficult cases often filled with allegations and counter-allegations. A critical piece of evidence often obtained in these cases is a family assessment report (a ‘family report’), which is prepared by a family consultant, usually a social worker or ...


Reinterpreting The Right To An Open Future: From Autonomy To Authenticity, Scott Altman 2016 BLR

Reinterpreting The Right To An Open Future: From Autonomy To Authenticity, Scott Altman

University of Southern California Legal Studies Working Paper Series

This paper reinterprets a child’s right to an open future as based on values other than autonomy. The paper identifies two goods that parents sometimes undermine when shaping their children’s values: authenticity and identification. It argues that these can be recognized as primary goods by both liberals and by fundamentalists. The paper then shows how we might re-conceptualize the right to an open future as protecting authenticity and identification rather than autonomy.

As a running example, the paper considers ultra-Orthodox Jews in Israel who deny their sons secular education beyond an elementary school level. If their sons do ...


Decoupling Vaccine Laws, Dorit Rubenstein Reiss 2016 UC Hastings College of the Law

Decoupling Vaccine Laws, Dorit Rubenstein Reiss

Boston College Law Review

School immunization requirements are an effective way of increasing vaccine rates and reducing outbreaks, but they may have a dark underside. Although such mandates protect the general public, the availability of exemptions may be open to exploitation as a tool to try to undermine other avenues for protecting the vaccine-deprived children themselves. This essay argues that exemptions from school immunization requirements should not be understood to limit the protections available to children due to a decision to withhold vaccines. The existence of an exemption should, however, prevent criminal prosecution if a child dies from a preventable disease, because a parent ...


Taking Precautions When Shaping A Child's Values, Scott Altman 2016 BLR

Taking Precautions When Shaping A Child's Values, Scott Altman

University of Southern California Legal Studies Working Paper Series

Parents’ discretion to shape their children’s values is limited both by society’s interests in the people those children will become and by the children’s own interests. This article examines the limits imposed by children’s interests. It uses several examples, including ultra-Orthodox Jews in Israel who send their son to a school that does not teach secular subjects beyond an elementary-school level. If the son remains religious, his education will have been suitable. But if he does not, he will be ill-prepared to thrive in a secular society.

This article compares the religious parents’ choice about secular ...


Why Lesbians And Gay Men Should Read Martha Fineman, Nancy D. Polikoff 2016 Selected Works

Why Lesbians And Gay Men Should Read Martha Fineman, Nancy D. Polikoff

Nancy D. Polikoff

No abstract provided.


Family Law And Gay And Lesbian Family Issues In The Twentieth Century, David L. Chambers, Nancy D. Polikoff 2016 University of Michigan Law School

Family Law And Gay And Lesbian Family Issues In The Twentieth Century, David L. Chambers, Nancy D. Polikoff

Nancy D. Polikoff

Over these thirty years, lesbians and gay men have increasingly challenged conventional definitions of marriage and the family. In this brief article, we tell the story of gay people and family law in the United States across this period. We divide our discussion into two sections: issues regarding the recognition of the same-sex couple relationship and issues regarding gay men and lesbians as parents. These issues overlap, of course, but since family law discussions commonly treat adult-adult issues of all sorts separately from parent-child issues, we believe it convenient and helpful to do so as well.


Family Law, Allison Anna Tait 2016 University of Richmond

Family Law, Allison Anna Tait

Law Faculty Publications

In the past year, Virginia courts have addressed a range of family law questions—new and old—that reflect the changing landscape of families and marriage. Questions related to same-sex marriage and divorce have begun to appear on Virginia court dockets, including an important case the Supreme Court of Virginia decided this year with respect to same-sex couples cohabiting and the termination of spousal support. Family law courts also saw shifts in gender norms—wives paying spousal support to their husbands and fathers being awarded physical custody of their children. These legal questions tested the limits of statutory language and ...


It's About Money: The Fundamental Contradiction Of "Hobby Lobby", Nomi M. Stolzenberg 2016 USC Law School

It's About Money: The Fundamental Contradiction Of "Hobby Lobby", Nomi M. Stolzenberg

University of Southern California Legal Studies Working Paper Series

This Article contends that arguments for and against Hobby Lobby both fail to comprehend the special nature of money. As a consequence, opponents of Hobby Lobby wrongly deny the existence of a substantial burden, while Hobby Lobby's supporters fail to see that the understanding of financial transactions that underlies their conception of complicity refutes their libertarian views. Financial complicity, as construed by Hobby Lobby's proponents, should be recognized as a burden on religious exercise. But for the same reason that the financial obligations imposed by the "contraceptive mandate" constitute a burden, they also correlate to countervailing state interests ...


Legal Implications Of Same Sex Marriage For Christian Life And Ministry, Neil J. Foster 2016 University of Newcastle, NSW, Australia

Legal Implications Of Same Sex Marriage For Christian Life And Ministry, Neil J. Foster

Neil J Foster

Considers the legal implication for Christian life and ministry of the possible introduction of same sex marriage in Australia.


Family Law: Husband And Wife, Joseph W. McKnight, Shanin Turner Brevig 2016 Southern Methodist University

Family Law: Husband And Wife, Joseph W. Mcknight, Shanin Turner Brevig

SMU Law Review

No abstract provided.


The Effects Of The Hypothetical Putative Confession And Negatively-Valenced Yes/No Questions On Maltreated And Non-Maltreated Children's Dislcosure Of A Minor Transgression, Stacia N. Stolzenberg, Kelly McWilliams, Thomas D. Lyon 2016 Arizona State University

The Effects Of The Hypothetical Putative Confession And Negatively-Valenced Yes/No Questions On Maltreated And Non-Maltreated Children's Dislcosure Of A Minor Transgression, Stacia N. Stolzenberg, Kelly Mcwilliams, Thomas D. Lyon

University of Southern California Legal Studies Working Paper Series

This study examined the effects of the hypothetical putative confession (telling children “What if I said that [the suspect] told me everything that happened and he wants you to tell the truth?”) and negatively-valenced yes/no questions varying in their explicitness (“Did [toy] break?” vs. “Did something bad happen to the [toy]?”) on 206 4- to 9-year-old maltreated and non-maltreated children’s reports, half of whom had experienced toy breakage and had been admonished to keep the breakage a secret. The hypothetical putative confession increased the likelihood that children disclosed breakage without increasing false reports. The yes/no questions elicited ...


Result Inequality In Family Law, Margaret Brinig 2016 Notre Dame Law School

Result Inequality In Family Law, Margaret Brinig

Margaret F Brinig

To the extent that family law is governed by statute, all families are treated as though they are the same. This is of course consistent with the equal protection guarantees of the US Constitution as well as those of the states. However, in our pluralistic society, all families are not alike. At birth, some children are born to wealthy, married parents who will always put the children’s interests first and will never engage in domestic violence. Many laws benefit these children, while, according to some academics, they either further disadvantage other children or at best ignore their needs.

This ...


The First Decade Of The Family Law Section, Rev. Robert F. Drinan, S.J. 2016 St. John's University School of Law

The First Decade Of The Family Law Section, Rev. Robert F. Drinan, S.J.

The Catholic Lawyer

No abstract provided.


College Education Held A "Necessary" In Alimony Decree, 2016 St. John's University School of Law

College Education Held A "Necessary" In Alimony Decree

The Catholic Lawyer

No abstract provided.


A World Wide Web Of Unwanted Children: The Practice, The Problem, And The Solution To Private Re-Homing, Megan Testerman 2016 University of Florida Levin College of Law

A World Wide Web Of Unwanted Children: The Practice, The Problem, And The Solution To Private Re-Homing, Megan Testerman

Florida Law Review

A deplorable practice has emerged in the world of adoption. Adoptive families are now using the Internet to give their unwanted adopted children over to complete strangers, some of whom are traffickers, pedophiles, child pornographers, or worse. This practice is known as private rehoming. Through the use of online message boards and a simple notarized power of attorney document, adoptive parents are circumventing the adoption system—including its home study and background check requirements for prospective parents—and placing children in great danger. Because only a handful of states have enacted legislation directly targeting private re-homing and because no such ...


Davidson V. Davidson, 132 Nev. Adv. Op. 71 (Sept. 29, 2016), Hunter Davidson 2016 Nevada Law Journal

Davidson V. Davidson, 132 Nev. Adv. Op. 71 (Sept. 29, 2016), Hunter Davidson

Nevada Supreme Court Summaries

The Court determined that: (1) the six-year statute of limitations in NRS 11.190(1)(a) applies to claims for enforcement of a property distribution provision in a divorce decree; and (2) the statute of limitations period in an action on a divorce decree commences “from the last transaction or the last item charged or last credit given.”


Fulfilling The Promise Of Roe: A Pathway For Meaningful Pre-Abortion Consultation, Thomas J. Molony 2016 The Catholic University of America, Columbus School of Law

Fulfilling The Promise Of Roe: A Pathway For Meaningful Pre-Abortion Consultation, Thomas J. Molony

Catholic University Law Review

In Whole Woman’s Health v. Hellerstedt, the U.S. Supreme Court struck down regulations that it believed would inhibit a woman’s ability to receive meaningful personal consultation and support before choosing to have an abortion. The Court thus echoed what it had emphasized in Roe v. Wade more than 40 years earlier—that an abortion decision would follow an extensive discussion between a woman and her physician. An ob/gyn who provides a woman with regular care likely is best equipped to offer this type of consultation, but most ob/gyns do not perform abortions, and there is ...


Judicial Settlement-Seeking In Parenting Disputes: Consensus And Controversy, Noel Semple 2016 University of Windsor, Faculty of Law

Judicial Settlement-Seeking In Parenting Disputes: Consensus And Controversy, Noel Semple

Noel Semple

The judicial role in child custody and visitation disputes has traditionally been understood as one of authoritative decision-making. However this new empirical research suggests that many family court judges prioritize the pursuit of voluntary settlement in pre-trial conferences, using evaluative and facilitative mediation techniques. Drawing on qualitative interviews with judges and other family law professionals in Toronto and New York City, this article identifies points of consensus and controversy among settlement-seeking family judges. Despite the general support for settlement-seeking, there are substantial differences of opinion regarding coercion, due process, and the meaning of the best interests of the child standard.


Whose Best Interests?: Custody And Access Law And Procedure, Noel Semple 2016 Selected Works

Whose Best Interests?: Custody And Access Law And Procedure, Noel Semple

Noel Semple

This article compares the law of custody and access disputes with the procedure used to resolve them. The author argues that there is a fundamental contradiction between the two. The former focuses on the interests of the children involved to the exclusion of everything else. The latter, however, is controlled by and designed to protect the rights and interests of the adult parties to the dispute. Despite their doctrinal centrality in custody and access law, children are usually silent and invisible in custody and access procedure. To resolve this contradiction, the author proposes a focus on the costs and benefits ...


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