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Adoption In China: Past, Present And Yet To Come, Margaret Ryznar 2017 Indiana University McKinney School of Law

Adoption In China: Past, Present And Yet To Come, Margaret Ryznar

Georgia Journal of International & Comparative Law

No abstract provided.


"Never Had A Choice And No Power To Alter": Illegitimate Children And The Supreme Court Of Japan, Shigenori Matsui 2017 University of British Columbia, Peter A. Allard School of Law

"Never Had A Choice And No Power To Alter": Illegitimate Children And The Supreme Court Of Japan, Shigenori Matsui

Georgia Journal of International & Comparative Law

No abstract provided.


Parental Separation And The Child Custody Decision: Toward A Reconception, David G. Duff, Roxanne Mykitiuk 2017 Allard School of Law at the University of British Columbia

Parental Separation And The Child Custody Decision: Toward A Reconception, David G. Duff, Roxanne Mykitiuk

Roxanne Mykitiuk

Contemporary debates regarding the appropriate way to resolve custody and access disputes reflect deeply rooted conceptions of both the family and the proper relationship between the family and the state. The prevailing "best interests of the child" test and judicial presumptions favouring sole custody embody a traditional definition of the family and a communitarian image of familial relationships.Conversely, current joint custody legislation adopts a liberal-contractual paradigm, in which the family is viewed as a joint partnership and children are conceived as assets to be equally divided upon termination ofthe spousal relationship. The authors reject both notions of the family ...


Reflection: How Multiracial Lives Matter 50 Years After Loving, Lauren Sudeall Lucas 2017 Georgia State University College of Law

Reflection: How Multiracial Lives Matter 50 Years After Loving, Lauren Sudeall Lucas

Lauren Sudeall Lucas

Black Lives Matter. All Lives Matter. These two statements are both true, but connote very different sentiments in our current political reality. To further complicate matters, in this short reflection piece, I query how multiracial lives matter in the context of this heated social and political discussion about race. As a multiracial person committed to racial justice and sympathetic both to those pushing for recognition of multiracial identity and to those who worry such recognition may undermine larger movements, these are questions I have long grappled with both professionally and personally. Of course, multiracial lives matter - but do they constitute ...


Reflection: How Multiracial Lives Matter 50 Years After Loving, Lauren Sudeall Lucas 2017 Georgia State University College of Law

Reflection: How Multiracial Lives Matter 50 Years After Loving, Lauren Sudeall Lucas

Faculty Publications By Year

Black Lives Matter. All Lives Matter. These two statements are both true, but connote very different sentiments in our current political reality. To further complicate matters, in this short reflection piece, I query how multiracial lives matter in the context of this heated social and political discussion about race. As a multiracial person committed to racial justice and sympathetic both to those pushing for recognition of multiracial identity and to those who worry such recognition may undermine larger movements, these are questions I have long grappled with both professionally and personally. Of course, multiracial lives matter - but do they constitute ...


The Principle Of Subsidiarity And The Law Of The Family Business, Scott T. FitzGibbon 2017 Boston College Law School

The Principle Of Subsidiarity And The Law Of The Family Business, Scott T. Fitzgibbon

Scott T. FitzGibbon

There is a considerable incongruity between the ends and aims of the business association, on the one hand, and the ends and aims of the family -- and thus of most family businesses -- on the other. This Essay proposes a principle for the guidance of the law in such matters. This is the principle of subsidiarity, which instructs government and the law to recognize the smaller organizations of society and to foster their functioning along lines appropriate to their purposes and along the lines intended by their principals. This Essay develops an especially rich account of the principle of subsidiarity, according ...


Klabacka V. Nelson, 133 Nev. Adv. Op. 24 (May 25, 2017), Christopher Kelly 2017 University of Nevada, Las Vegas -- William S. Boyd School of Law

Klabacka V. Nelson, 133 Nev. Adv. Op. 24 (May 25, 2017), Christopher Kelly

Nevada Supreme Court Summaries

The Court determined that (1) family courts have subject matter jurisdiction in divorce proceedings that involve issues otherwise outside the scope of family courts, (2) parol evidence may not be considered to determine party intent to form separate property agreements and self-settled spendthrift trusts where the written agreements are valid and unambiguous, (3) a court order equalizing assets between different spendthrift trusts is improper because the NRS protects against court orders that move assets from trusts and against moves that do not benefit trust beneficiaries, (4) spendthrift trusts may not be reached for payment of personal obligations not known at ...


The Pro Bono Collaborative Project Spotlight 05-23-2017, Roger Williams University School of Law 2017 Roger Williams University

The Pro Bono Collaborative Project Spotlight 05-23-2017, Roger Williams University School Of Law

Pro Bono Collaborative Staff Publications

No abstract provided.


Ask Versus Tell: Potential Confusion When Child Witnesses Are Questioned About Conversastions, Stacia N. Stolzenberg, Kelly McWilliams, Thomas D. Lyon 2017 Arizona State University

Ask Versus Tell: Potential Confusion When Child Witnesses Are Questioned About Conversastions, Stacia N. Stolzenberg, Kelly Mcwilliams, Thomas D. Lyon

University of Southern California Legal Studies Working Paper Series

Children’s potential confusion between “ask” and “tell” can lead to misunderstandings when child witnesses are asked to report prior conversations. The verbs distinguish both between interrogating and informing and between requesting and commanding. Children’s understanding was examined using both field (i.e., Study 1) and laboratory (i.e., Studies 2-4) methods. Study 1 examined 100 5- to 12-year-olds’ trial testimony in child sexual abuse cases, and found that potentially ambiguous use of ask and tell was common, typically found in yes/no questions that elicited unelaborated answers, and virtually never clarified by attorneys or child witnesses. Studies 2-4 ...


In Re Parental Rights As To M.M.L., 133 Nev. Adv. Op. 21 (May 11, 2017), Hayley Cummings 2017 Nevada Law Journal

In Re Parental Rights As To M.M.L., 133 Nev. Adv. Op. 21 (May 11, 2017), Hayley Cummings

Nevada Supreme Court Summaries

The Court determined that (1) when a parent is deemed incompetent to stand a criminal trial, there is no statutory authority requiring the district court to continue a parallel parental rights termination trial so that the parent can regain competence; and (2) when a litigant fails to object to the State’s method of service in initial pleadings or during trial, the litigant waives all challenges to the service of a parental rights termination by publication.


Circumstances Requiring Safeguards: Limitations On The Application Of The Categorical Approach In Hernandez-Zavala V. Lynch, Kelly Morgan 2017 Boston College Law School

Circumstances Requiring Safeguards: Limitations On The Application Of The Categorical Approach In Hernandez-Zavala V. Lynch, Kelly Morgan

Boston College Law Review

On November 20, 2015, the U.S. Court of Appeals for the Fourth Circuit in Hernandez-Zavala v. Lynch held that adjudicators deciding whether a noncitizen has been convicted of a crime of domestic violence as defined in 8 U.S.C. § 1227(a)(2)(E)(i) must apply the circumstance-specific approach to the statute’s domestic relationship requirement. In so doing, the Fourth Circuit carved out an exception to the more protective categorical and modified categorical approaches, which limit the evidence that may be admitted to determine whether a conviction triggers immigration consequences. This Comment argues that the Fourth Circuit ...


Challenging The Credibility Of Alleged Victims Of Child Sexual Abuse In Scottish Courts, Zsofia Szojka, Samantha J. Andrews, Michael E. Lamb, Stacia N. Stolzenberg, Thomas D. Lyon 2017 University of London

Challenging The Credibility Of Alleged Victims Of Child Sexual Abuse In Scottish Courts, Zsofia Szojka, Samantha J. Andrews, Michael E. Lamb, Stacia N. Stolzenberg, Thomas D. Lyon

University of Southern California Legal Studies Working Paper Series

This study examined the effects of credibility-challenging questions (n = 2,729) on 62 5- to 17-year-olds’ testimony in child sexual abuse cases in Scotland by categorizing the type, source, and content of the credibility-challenging questions defence lawyers asked and assessing how children responded. Credibility-challenging questions comprised 14.9% of all questions asked during cross-examination. Of defence lawyers’ credibility-challenging questions, 77.8% focused generally on children’s honesty, whereas the remainder referred to specific inconsistencies in the children’s testimony. Children resisted credibility challenges 54% of the time, significantly more often than they provided compliant responses (26.8%). The tendency to ...


Pragmatic Failure And Referential Ambiguity When Attorneys Ask Child Witnesses "Do You Know/Remember" Questions, Angela D. Evans, Stacia N. Stolzenberg, Thomas D. Lyon 2017 Brock University

Pragmatic Failure And Referential Ambiguity When Attorneys Ask Child Witnesses "Do You Know/Remember" Questions, Angela D. Evans, Stacia N. Stolzenberg, Thomas D. Lyon

University of Southern California Legal Studies Working Paper Series

“Do you know” and “Do you remember” (DYK/R) questions explicitly ask whether one knows or remembers some information while implicitly asking for that information. This study examined how 104 4- to 9-year-old children testifying in child sexual abuse cases responded to DYK/R wh- and yes/no questions. When asked DYK/R questions containing an implicit wh- question requesting information, children often provided unelaborated “Yes” responses. Attorneys’ follow-up questions suggested that children usually misunderstood the pragmatics of the questions. When DYK/R questions contained an implicit yes/no question, unelaborated “Yes” or “No” responses could be responding to the ...


The Empirics Of Child Custody, Margaret Ryznar 2017 Indiana University McKinney School of Law

The Empirics Of Child Custody, Margaret Ryznar

Cleveland State Law Review

Child custody issues are as American as apple pie, with only a quarter of children seeing their parents married until the end. The legal standard for custody is the best interests of the child, but the greyness of this inquiry allows courts to make difficult judgments. In family law, such discretionary standards govern factually diverse cases and make it difficult to draw conclusions from individual cases. This Article offers an objective measurement in family law by empirically examining a sample of Indiana divorce cases filed during three months in 2008 that involved children. The resulting analysis of child custody and ...


The New Phoenix: Maine's Innovative Standards For Guardians Ad Litem, Dana E. Prescott 2017 University of Maine School of Law

The New Phoenix: Maine's Innovative Standards For Guardians Ad Litem, Dana E. Prescott

Maine Law Review

In a 2014 article in the Maine Law Review, the author reviewed the historical and legal foundations for guardian ad litem (GAL) appointments by judges on behalf of children in Maine. GALs are appointed to provide the court with investigative facts and recommendations concerning the best interest of a child. The implications and frustrations expressed during political and policy discussions reflect a broader national debate deeply rooted in the power of family law courts when child custody or abuse and neglect are alleged. Whether in the form of child protection or child custody litigation, the sheer volume and complexity of ...


From Orphans To Families In Crisis: Parental Rights Matters In Maine Probate Courts, Deirdre M. Smith 2017 University of Maine School of Law

From Orphans To Families In Crisis: Parental Rights Matters In Maine Probate Courts, Deirdre M. Smith

Maine Law Review

This Article examines the sources of the contemporary problems associated with the adjudication of parental rights matters in Maine's probate courts and identifies specific reforms to address both the structural and substantive law problems. The Article first reviews the development of Maine's probate courts and their jurisdiction over parental rights matters. It traces the expansion of jurisdiction over children and families from a limited role incidental to the administration of a decedent's estate to the current scope—a range of matters that may result in the limitation, suspension, or termination of the rights of living parents. Maine ...


Agree To Disagree: Moving Tennessee Toward Pure No-Fault Divorce, Evan Wright 2017 Lincoln Memorial University Duncan School of Law

Agree To Disagree: Moving Tennessee Toward Pure No-Fault Divorce, Evan Wright

Lincoln Memorial University Law Review

This Note addresses Tennessee's no-fault divorce statute. Currently, married couples are forced to either agree on all issues or prove at least one fault ground. This author contends that the current law imposes an unnecessary burden on litigants, which wastes precious resources that Tennessee families could use for more productive purposes. Moreover, pure no-fault states have not seen a disproportionate rise in divorce rates. Last, pure no-fault divorce better reflects current societal trends and the evolving effect of religious affiliation on how a younger generation defines morality.


Zoning For The Elderly And Family Rights, Ralph J. Libsohn 2017 St. John's University School of Law

Zoning For The Elderly And Family Rights, Ralph J. Libsohn

The Catholic Lawyer

No abstract provided.


Marriage, Millennials, And Massive Student Loan Debt, Victoria J. Haneman 2017 Concordia University School of Law

Marriage, Millennials, And Massive Student Loan Debt, Victoria J. Haneman

Concordia Law Review

The purpose of this Essay is to explore the idea that the student loan indebtedness bearing down upon the majority of today’s college graduates creates economic insecurity that forces borrowers to reject or significantly delay marriage, and that burden, taken together with an already lukewarm Millennial attitude, may not bode well for the future of the institution. Record numbers of Millennials have rejected the traditional path of marriage-homeownership-children, and the percentage of Millennials who will marry by age 40 is projected to fall lower than the figure for any previous generation of Americans. To the extent that marriage is ...


A Call For Change: The Detrimental Impacts Of Crawford V. Washington On Domestic Violence And Rape Prosecutions, Anoosha Rouhanian 2017 George Washington University Law School

A Call For Change: The Detrimental Impacts Of Crawford V. Washington On Domestic Violence And Rape Prosecutions, Anoosha Rouhanian

Boston College Journal of Law & Social Justice

In 2004, the U.S. Supreme Court held in Crawford v. Washington that testimonial hearsay is inadmissible at trial unless the declarant is available for cross-examination. Courts have subsequently struggled to define “testimonial hearsay,” but have often vaguely defined it as an out-of-court statement made for the primary purpose of establishing past events for use in future prosecution. Although Crawford intended to protect a defendant’s Sixth Amendment right to confrontation, in doing so, it overlooked the holding’s detrimental effects on two particular types of victims: domestic violence and rape victims. Under Crawford, domestic violence and rape victims’ out-of-court ...


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