Digital Commons Network^™

Rescuing Children From The Marriage Movement: The Case Against Marital Restrictions On Adoption And Assisted Reproduction, Richard F. Storrow

ExpressO

Much of the current cultural debate about marriage in the United States focuses on the need for children to be raised by heterosexual married couples. In the current atmosphere, it is important to examine how marriage functions in contexts where parent-child relationships are determined by more than just genetics and marital presumptions. This Article argues that the favoritism toward marriage in adoption and assisted reproduction relates neither to the purposes of marriage nor to child welfare. Part I subjects marital restrictions on assisted reproduction to an interpretivist microscope, and Part II undertakes a comprehensive comparison of step-parent adoption and second-parent …

The Double Edged Sword: An Examination Of The Global Positioning System, Enhanced 911, And The Internet And Their Relationships To The Lives Of Domestic Violence Victims And Their Abusers, Laura Silverstein

Buffalo Women's Law Journal

No abstract provided.

Law & Health Care Newsletter, V. 12, No. 1, Fall 2004

Law & Health Care Newsletter

No abstract provided.

In Practice, V. 5, No. 1, Fall 2004

In Practice

No abstract provided.

The Generality Of Law, Frederick Schauer

West Virginia Law Review

No abstract provided.

Abuse, Neglect And Dependency Cases In Juvenile Court, Kelly Browe Olson

Law Faculty Scholarship

No abstract provided.

Race To The Top Of The Corporate Ladder: What Minorities Do When They Get There, Devon W. Carbado, Mitu Gulati

Washington and Lee Law Review

Racing to the top of the corporate hierarchy is difficult, no matter how qualified or capable the candidate. Producing more widgets than one's competitors is not enough. Negotiating the political landscape of the institution is also required. More specifically, individual corporate officers have to be appeased, powerful interest groups have to be co-opted and made allies, and competitors have to be undermined or eliminated. The more bureaucratic the organization and the more opaque the promotion process, the more important this institutional game to climbing the corporate ladder. This Article identifies the kind of racial minorities or racial types who are …

Uneasy Tensions Between Children's Rights And Civil Rights, Annette Ruth Appell

Nevada Law Journal

No abstract provided.

The New Neurobiology Of Severe Psychiatric Disorders And Its Implications For Laws Governing Involuntary Commitment And Treatment, E Fuller Torrey, Ken Kress

ExpressO

Medical advances have led to statutory changes and common law overrulings. This paper argues that such changes are now needed for laws governing the involuntary commitment and treatment of individuals with severe psychiatric disorders. Recent advances in the understanding of the neurobiology of these disorders have rendered obsolete many assumptions underlying past statutes and legal decisions. This is illustrated by using schizophrenia as an example and examining two influential cases: California’s Lanterman-Petris-Short Act (1969) and Wisconsin’s Lessard decision (1972). It is concluded that laws governing involuntary commitment and treatment need to be updated to incorporate the current neurobiological understanding of …

The Duchess' Privy Chamber: Early Modern Marriage Law And The Eviction Of Women From The Public Sphere In John Webster's "Duchess Of Malfi" , Carla Spivack

ExpressO

The Duchess’ Privy Chamber: Early Modern Marriage Law and the Eviction of Women from the Public Sphere in The Duchess of Malfi (argues that the symbolism in Webster’s Duchess of Malfi systemically undoes the iconography of Elizabethan power; that images taken from the legal descriptions of marriage work in the play to replace the image of woman as political ruler in the public sphere with woman as wife sequestered in the private sphere).

Law Library Annual Report 2003-2004, Georgia State University Law Library

Law Library Annual Reports

No abstract provided.

Inside Unlv, Holly Ivy De Vore, Carol C. Harter, Stuart Mann

Inside UNLV

No abstract provided.

Elements Of Estate Planning Ii: With A Mind To Drafting, Office Of Continuing Legal Education At The University Of Kentucky College Of Law

Continuing Legal Education Materials

Materials from the conference on Elements of Estate Planning II: With a Mind to Drafting held by UK/CLE in July 2004.

Boldly Going Where No Law Has Gone Before: Call Centres, Intake Scripts, Database Fields, And Discretionary Justice In Social Assistance, Lorne Sossin

Osgoode Hall Law Journal

This article focuses on the response of public law to bureaucratic disentitlement. Whether eligibility decisions for social welfare benefits are made on the basis of a face to face interview or telephone intake screening at a call centre, whether the questions are onerous for vulnerable applicants to answer, whether the bureaucratic hurdles can reasonably be surmounted or lead to the de facto exclusion of otherwise eligible applicants, all constitute questions which should be fundamentally intertwined with the question of whether a discretionary decision is legally valid. This is so not only because service delivery models and administrative design may determine …

Assuring Excellence, Or Merely Reassuring - Policy And Practice In Promoting Mediator Quality, Charles Pou Jr.

Journal of Dispute Resolution

Mediation practice in the United States has grown substantially over the last two decades, as has the number of people offering to serve as mediators. This growth has led some to argue that competency standards are needed to protect consumers and promote the integrity of mediation processes. While professionals and researchers have tried over the past fifteen years or so to define "what mediators do" and better understand "how to do it well," alternative dispute resolution (ADR) programs, roster administrators, and parties seeking neutrals have had to make day-to-day choices.

Fordham Lawyer, Vol. 7 No. 1 - Summer 2004, Fordham Law School

Fordham Lawyer

Fordham Lawyer magazine was first published in 1988 and continued through 2004. It returned in 2011 under Dean Michael M. Martin. The magazine shines a spotlight on faculty research, the Law School community, and the accomplishments of our alumni. No issues were published between 2004 and 2011.

The Unexpected Guest: Law And Economics, Law And Other Cognate Disciplines, And The Future Of Legal Scholarship, Thomas S. Ulen

Chicago-Kent Law Review

This Article argues that law and economics has worked a remarkable but unexpected change on legal scholarship. Many critics mistakenly claim that the most notable effect of law and economics lies in its conclusions about substantive legal rules. This Article argues that this criticism misses the far more radical effect of law and economics on the study of law—namely, its commitment to the scientific method of inquiry, a method that relies upon theorizing, then performing empirical work to verify or refute the theory, and then refining the theory in light of the results. The Article explains why this change has …

2004 Commencement Exercises, Benjamin N. Cardozo School Of Law

Commencement

Order of Exercises

Processional:

Herbert C. Dobrinsky, Vice President for University Affairs, Yeshiva University; Herald

Michael E. Herz, Professor of Law, Benjamin N. Cardozo School of Law; Head Marshal

Presiding:

Morton Lowengrub, Vice President for Academic Affairs, Yeshiva University; Chief Marshal

Richard M. Joel, President, Yeshiva University

National Anthem:

Cantor Ira W. Heller

Invocation:

Rabbi Ozer Glickman

Welcome:

David Rudenstine, Dean, Benjamin N. Cardozo School of Law

Remarks:

Kathryn O. Greenberg, Chair, Board of Directors, Benjamin N. Cardozo School of Law; Class of 1982

Conferring of Honorary Degree and Commencement Address:

The Honorable Sandra Day O’Connor, Associate Justice, United States …

The Unknown Past Of Lawrence V. Texas, Dale Carpenter

Michigan Law Review

On the night of September 17, 1998, someone called the police to report that a man was going crazy with a gun inside a Houston apartment. When Harris County sheriff's deputies entered the apartment they found no person with a gun but did witness John Lawrence and Tyron Gamer having anal sex. This violated the Texas Homosexual Conduct law, and the deputies hauled them off to jail for the night. Lawyers took the men's case to the Supreme Court and won a huge victory for gay rights. So goes the legend of Lawrence v. Texas. Do not believe it. …

Inside Unlv, Gian Galassi, Andy Grossman, Donna Mcaleer, Jennifer Vaughan, Carol C. Harter, Ronald Yasbin

Inside UNLV

No abstract provided.

Foster Care Placement: Reducing The Risk Of Sibling Incest, David J. Herring

University of Michigan Journal of Law Reform

The Westermarck theory maintains that incest avoidance arises from the physical proximity of siblings during a critical period of early childhood. This proximity gives rise to an inhibiting effect on post childhood sexual interest. Two recent studies of sibling relationships have verified and refined the Westermarck theory, indicating that the critical period extends through the first four years of childhood. The theory and the studies have implications for child welfare laws, policies and practices surrounding the placement of siblings in foster care. Namely, the findings provide powerful reasons for placing siblings together during the critical period in order to minimize …

Legal Fictions And The Moral Imagination: Female Fictional Lawyers Encounter Professional Responsibility, Kathryn A. Lee, Elizabeth Morgan

William & Mary Journal of Race, Gender, and Social Justice

No abstract provided.

Walking On Eggshells: Abused Women's Experiences Of Ontario's Welfare System, Janet E. Mosher

Commissioned Reports, Studies and Public Policy Documents

No abstract provided.

Inside Unlv, Gian Galassi, Carol C. Harter, Jeffrey Koep

Inside UNLV

No abstract provided.

Untangling Eligibility Requirements Under The Individuals With Disabilities Education Act, Robert A. Garda Jr.

Missouri Law Review

This Article attempts to untangle the web of Individuals with Disabilities Education Act eligibility standards in order to determine who is entitled to its extensive benefits. The overriding question addressed is whether children passing from grade to grade may still be IDEA eligible. When the Supreme Court stated famously in Board of Education of the Hendrick Hudson Central School District v. Rowley that not every child passing from grade to grade is receiving a free appropriate public education under IDEA, it necessarily recognized a class of children who were IDEA eligible despite passing marks. Identifying the characteristics of these children …

Alleviating Women’S Poverty Through Asset Development: Promising Directions, Emily Marroquin

Duke Journal of Gender Law & Policy

No abstract provided.

"Facilitative Adr's Global Popularity And Promise", Nancy D. Erbe

ExpressO

This article presents the results of research evaluating the effectiveness of cross cultural leadership to dispute resolution process in the Balkans, Cameroon, Nepal and Ukraine. Unexpectedly, universal themes emerge that passionately advocate facilitative and inclusive multicultural dispute resolution. At the very least, they call for closer scrutiny and consideration of facilitative dispute resolution's global potential.

High School Exit Exams Meet Idea—An Examination Of The History, Legal Ramifications, And Implications For Local School Administrators And Teachers, Jennifer R. Rowe

Brigham Young University Education and Law Journal

No abstract provided.

Inside Unlv, Gian Galassi, Carol C. Harter, Kenneth E. Marks

Inside UNLV

No abstract provided.

Stepping Back Through The Looking Glass: Real Conversations With Real Disputants About Institutionalized Mediation And Its Value, Nancy A. Welsh

Faculty Scholarship

This Article describes what a group of real disputants perceives as most valuable about agency-connected mediation before, soon after, and eighteen months after they participated in the process. The Article is based primarily upon qualitative data from in-depth interviews with parents and school officials who participated in special education mediation sessions. Though the specific context of these interviews is obviously important, these disputants and their disputes share many commonalities with disputants and disputes in other contexts and, as a result, these disputants' views have relevance for the broader field of mediation.

These interviews suggest that both before and after disputants …