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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 ...


Domestic Violence And Enforcement Of Protection From Abuse Orders: Simple Fixes To Help Prevent Intra-Family Homicide, Nicole R. Bissonnette 2017 University of Maine School of Law

Domestic Violence And Enforcement Of Protection From Abuse Orders: Simple Fixes To Help Prevent Intra-Family Homicide, Nicole R. Bissonnette

Maine Law Review

Domestic violence has long been recognized as a pressing law enforcement and societal concern, and both federal and state governments have continued to pursue strategies to address the issue. Beyond the criminal threatening, assaults, batteries, and other physical atrocities that victims face, domestic violence provides an added horror—“obliterating personhood, suspending identity and nullifying any notion of personal autonomy.” To address these concerns, legislatures created Protection from Abuse Orders (hereinafter PFAs), to protect those that have been subject to abuse from trusted family members or dating partners. Unfortunately, victims then place their trust in the system, which often fails to ...


Petit V. Adrianzen, 133 Nev. Adv. Op. 15 (Apr. 13, 2017), Skyler Sullivan 2017 Nevada Law Journal

Petit V. Adrianzen, 133 Nev. Adv. Op. 15 (Apr. 13, 2017), Skyler Sullivan

Nevada Supreme Court Summaries

The Court considers, as a matter of first impression, the standard of proof to be applied by district courts in resolving initial naming disputes of a child of married parents. The focus should be on the best interest of the child and neither parent should have the burden of proof. The Court held the district court determined the child’s name should be hyphenated to include both parent’s surnames and, in doing so, considered the best interests of the child and, thus, the order is affirmed.


Recognizing Gestational Surrogacy Contracts: "Baby-Steps" Toward Modern Parentage Law In Maine After Nolan V. Labree, Adam Quinlan 2017 University of Maine School of Law

Recognizing Gestational Surrogacy Contracts: "Baby-Steps" Toward Modern Parentage Law In Maine After Nolan V. Labree, Adam Quinlan

Maine Law Review

In Nolan v. LaBree, a husband and wife filed a complaint seeking a judgment declaring their legal parentage of a newborn child born via gestational surrogacy. All parties surrounding the birth of this child entered into a surrogacy contract and are in agreement that the genetic mother and father bringing this suit should be declared as the legal parents. When the child was born, however, the birth certificate did not reflect the intentions of the contract, listing the parents as the surrogate mother and the surrogate mother’s spouse. The trial court, following an uncontested hearing, declared the requested paternity ...


"In Sickness And In Health, Until Death Do Us Part": An Examination Of Fmla Rights For Same-Sex Spouses And A Case Note On Obergefell V. Hodges, Jasmine Foo 2017 Pepperdine University

"In Sickness And In Health, Until Death Do Us Part": An Examination Of Fmla Rights For Same-Sex Spouses And A Case Note On Obergefell V. Hodges, Jasmine Foo

Journal of the National Association of Administrative Law Judiciary

This note discusses the history of the lesbian, gay, bisexual, and transgender (LGBT) struggle for equal rights alongside the Supreme Court's recent ruling in Obergefell v. Hodges and uses this to examine the potential effect on the rights granted to same-sex spouses by the Family Medical Leave Act (FMLA). Part II records the jurisprudence that has slowly evolved over the past forty to fifty years to make the present a more hospitable era for same-sex marriage to take root today. Part III gives a general overview of the FMLA's history and current form. Part IV reviews the facts ...


Sealed Records In Adoptions: The Need For Legislative Reform, Patricia Gallagher Lupack 2017 St. John's University School of Law

Sealed Records In Adoptions: The Need For Legislative Reform, Patricia Gallagher Lupack

The Catholic Lawyer

No abstract provided.


Marriage Contracts For The Mentally Retarded, John B. Murray 2017 St. John's University School of Law

Marriage Contracts For The Mentally Retarded, John B. Murray

The Catholic Lawyer

No abstract provided.


Commitment To And In Marriage, Leon Salzman 2017 St. John's University School of Law

Commitment To And In Marriage, Leon Salzman

The Catholic Lawyer

No abstract provided.


Homosexuality And Validity Of Matrimony - A Study In Homo-Psychosexual Inversion, John Rogg Schmidt 2017 St. John's University School of Law

Homosexuality And Validity Of Matrimony - A Study In Homo-Psychosexual Inversion, John Rogg Schmidt

The Catholic Lawyer

No abstract provided.


Editorial Notes: April 2017, Barbara A. Babb 2017 University of Baltimore School of Law

Editorial Notes: April 2017, Barbara A. Babb

All Faculty Scholarship

This issue of Family Court Review (FCR) begins by honoring the life and memory of Ruth Stern, former Managing Editor of Family Court Review, who passed away in October, 2016. Her husband, Professor Herbie DiFonzo, offers glimpses into Ruth's life and their life together. Coming from a baseball family myself, I am particularly moved by Ruth's and Herbie's mutual passion for the New York Mets. It is obvious from the details Herbie graciously shares that theirs was a love and a life of unique tenderness and togetherness. I am deeply grateful to Herbie for allowing us the ...


La Familia Y La Responsabilidad Civil. Reflexiones Personales A Propósito De La Presentación De Un Libro, Mario Castillo Freyre 2017 Pontificia Universidad Catolica del Peru

La Familia Y La Responsabilidad Civil. Reflexiones Personales A Propósito De La Presentación De Un Libro, Mario Castillo Freyre

Marco Andrei Torres Maldonado

El autor, con motivo de la presentación del libro La responsabilidad en el Derecho de Familia. Daños derivados de las relaciones familiares de Marco Torres Maldonado, hace una presentación crítica de dicha obra, resaltando las virtudes y la complejidad de la materia abordada. En ese sentido, temas como la indemnización por ruptura de esponsales, por los daños derivados de la administración de una sociedad conyugal, por el divorcio y por el nacimiento defectuoso de un ser humano son comentados agudamente por el jurista nacional, quien resalta la importancia de estudiar estos tópicos de cara a una actitud holística.


La Presunción De Sociabilidad De Los Bienes Y La Subrogación Real En El Régimen De Sociedad De Gananciales, Marco Andrei Torres Maldonado 2017 Universidad Nacional Mayor de San Marcos

La Presunción De Sociabilidad De Los Bienes Y La Subrogación Real En El Régimen De Sociedad De Gananciales, Marco Andrei Torres Maldonado

Marco Andrei Torres Maldonado

En el presente artículo el autor aborda las siguientes interrogantes: ¿se puede distinguir en la presunción de ganancialidad de bienes desde lo probatorio y la naturaleza jurídica de bienes?, ¿una confesión de privatividad puede destruir la presunción de ganancialidad de los bienes del matrimonio?, ¿la probanza de privatividad de un bien social es oponible a todos?, entre otras.


The Law Demands Process For Rehomed Children, Sally Terry Green 2017 Texas Southern University

The Law Demands Process For Rehomed Children, Sally Terry Green

Arkansas Law Review

No abstract provided.


Treatment For Misbehaving Minors, Barbara P. Gertel 2017 St. John's University School of Law

Treatment For Misbehaving Minors, Barbara P. Gertel

The Catholic Lawyer

No abstract provided.


Child Placement: Law And Theory, Joel B. Savit 2017 St. John's University School of Law

Child Placement: Law And Theory, Joel B. Savit

The Catholic Lawyer

No abstract provided.


Obergefell’S Impact On Functional Families, Raymond C. O'Brien 2017 The Catholic University of America, Columbus School of Law

Obergefell’S Impact On Functional Families, Raymond C. O'Brien

Catholic University Law Review

More than forty percent of children born in America are born to unmarried parents and only half of all cohabitating adults in America are currently married. While many children are born to single parents, others are part of the two-person unmarried cohabiting functional family paradigm. What is the status of these children?

This article examines the changing paradigm of parental status, specifically vis-à-vis homosexual couples with children, and the rights of the non-biological parent after separation. This article examines the changes in law in regards to unmarried parents leading up to the Uniform Parentage Act. It describes the equitable remedies ...


Part Three Child And Family Services Act Table Of Concordance With Bill C-89, Lois Boateng 2017 University of Windsor, Faculty of Law

Part Three Child And Family Services Act Table Of Concordance With Bill C-89, Lois Boateng

Law Publications

Bill 89, Supporting Children, Youth and Families Act, 2017, (41st Parl, 2nd Sess) Ontario (2017)

Table of Concordance between Part III (Child Protection) of the Child and Family Services Act and Part V (Child Protection) of Bill C-89, An Act to enact the Child, Youth and Family Services Act, 2016, to amend and repeal the Child and Family Services Act and to make related amendments to other Acts.

Contents

Interpretation- Definitions. 3

Child in Need of Protection. 4

Best Interests of Child. 5

Where child an Indian or native person. 6

Place of Safety. 6

Temporary Care Agreements ...


Adultery: Trust And Children, Margaret F. Brinig 2017 Notre Dame Law School

Adultery: Trust And Children, Margaret F. Brinig

Margaret F Brinig

Deborah Rhode writes that while adultery is admittedly not good, it should not be criminal. She argues that it should not generate a tort action either, because the original purposes for which the torts of alienation of affections and criminal conversation come from a time with quite different views about marriage and gender, while no-fault and speedy divorce today give adequate remedies to the wronged spouse. Further, adultery should not affect employment (as a politician or in the military) unless it directly impacts job performance.

My own reluctance to disengage adultery and law stems from the seriousness of adultery. First ...


Video: Elder Law For Beginners, Arlene Lakin, Gail Fisher 2017 Nova Southeastern University

Video: Elder Law For Beginners, Arlene Lakin, Gail Fisher

Law Center Plus Seminar Series

This particular seminar is designed to educate attorneys about how to be an elder law attorney. Practitioners will learn the various skill sets involved: estate and incapacity planning as well as protection of assets in order to qualify for, or remain qualified for, public benefits such as Medicaid and veteran’s pension with aid and attendance.

1. How to work with senior citizens and their families in a clinical as well as legal format
2. How to determine capacity of elderly clients to execute legal documents
3. How to analyze family relationships
4. How to design an estate and incapacity ...


Newroom: From The Bronx To Haiti: Asb 3-16-2017, Roger Williams University School of Law 2017 Roger Williams University

Newroom: From The Bronx To Haiti: Asb 3-16-2017, Roger Williams University School Of Law

Life of the Law School (1993- )

No abstract provided.


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