Digital Commons Network^™

On The History Of Fathers' Rights And Mothers' Duty Of Care, Sibylla Flügge

Cardozo Journal of Equal Rights & Social Justice

The article examines the historical evolution of custody rights in Germany, focusing on the shift from maternal preference to increasing recognition of fathers' rights. It argues that the legal system's move toward joint custody and equal parental rights reflects broader societal changes in gender roles, while also critiquing the potential backlash against women's emancipation. The analysis highlights how improvements in fathers' legal standing have often coincided with decreased obligations for men to actively care for children, raising concerns about the practical implications for mothers and children.

You Really Have Come A Long Way: An Analysis And Comparison Of Role Conflict Experienced By Women Attorneys Today And By Educated Women Twenty Years Ago, Jackie Slotkin

Faculty Scholarship

No abstract provided.

A Watershed Issue: The Role Of Streamflow Protection In Northwest River Basin Management, Reed D. Benson

Faculty Scholarship

Watershed management has become a popular approach to environmental problems in the Northwest. Federal, regional, state, local, and tribal watershed efforts are in progress throughout the region. The popularity of the watershed approach can be traced to ecological and political factors. Most watershed management activities, however, focus more on land use and riparian measures than on providing and protecting instreamflows. For both legal and political reasons, watershed efforts tend to avoid water rights issues. Such efforts tend not to be well connected with instream flow protection or water resource planning under state law. Unless they address the need for streamflows, …

The Nature Of Dependencies And Welfare Reform, Martha Albertson Fineman

Santa Clara Law Review

No abstract provided.

The Deliberate Contruction Of Families Without Fathers: Is It An Option For Lesbian And Heterosexual Mothers?, Nancy D. Polikoff

Santa Clara Law Review

No abstract provided.

The State Of The Family And The Family Policy Debate, David Blankenhorn

Santa Clara Law Review

No abstract provided.

How To Use A Law Library, Penny A. Hazelton, Peggy Roebuck Jarrett

Chapters in Books

1. Getting Acquainted
2. People in Libraries
3. Collection Organization
4. Access to the Collection
5. Access to the Contents of the Library Collections
6. Access to Legal Information Without Leaving the Comfort of Your Home or Office
7. Appendix 1, Law Libraries in Washington State
8. Appendix 2, Free or Low Cost Advocacy, Information, and Referral fr King County Residents

The Unprecedented Intrusion: A Survey And Analysis Of Selected Grandparent Visitation Cases, Joan C. Bohl

Oklahoma Law Review

No abstract provided.

Adoption Law: Congratulations For Now--Current Law, The Revised Uniform Adoption Act, And Final Adoptions, Eric C. Czerwinski

Oklahoma Law Review

No abstract provided.

Looking For A Nonlegal Process: Physician-Assisted Suicide And The Care Perspective, Paul J. Zwier

University of Richmond Law Review

One of the many benefits of an interdisciplinary seminar like the Allen Chair-sponsored Bioethics seminar held at the University of Richmond Law School in 1995 was that members of the seminar had the opportunity to study the effects of the legal system's attempt to regulate bioethical issues. No question proved more troubling for the seminar than the question of physician-assisted suicide. Seminar participants, both members of the class and speakers, divided deeply on the legality of physician-assisted suicide, and for good reason. The discussions started with court decisions that were found to be both divisive and unsatisfactory. A number of …

State Of Utah V. Jay Lyle Jensen : Reply Brief, Utah Court Of Appeals

Utah Court of Appeals Briefs (1996–2006)

Appeal from Judgment and Conviction to the Utah State Prison and Sentence for Attempted Sexual Abuse of a Child, a third degree felony, in violation of Utah Code Ann. § 76-5-404.1, in the Second Judicial District in and for Davis County, the Honorable Glen R. Dawson presiding.

Jerome K. Duncan V. Eileen M. Howard, Sandra Thorderson, And Larry Thorderson : Reply Brief Of Appellant, Utah Court Of Appeals

Utah Court of Appeals Briefs (1996–2006)

Appeal from the final judgment of the Third Judicial District Court of Salt Lake County, Utah the Honorable John A. Rokich

State Of Utah V. Janet Ward : Brief Of Appellant, Utah Court Of Appeals

Utah Court of Appeals Briefs (1996–2006)

AMENDED BRIEF OF APPELLANT

APPEAL FROM CONVICTIONS ON ONE COUNT OF CHILD ABUSE, A SECOND DEGREE FELONY, IN VIOLATION OF UTAH CODE ANN. SECTION 76-5-109(1) (c) (v) AND (2) (a); AND ONE COUNT OF CHILD ABUSE, A CLASS A MISDEMEANOR, IN VIOLATION OF UTAH CODE ANN. SECTION 76-5-109 (l)(b) AND (3)(a) (1992), ENTERED IN THE FOURTH DISTRICT COURT UTAH COUNTY, STATE OF UTAH, THE HONORABLE LYNN W. DAVIS, PRESIDING.

State Of Utah V. John Michael Tetmyer : Brief Of Appellee, Utah Court Of Appeals

Utah Court of Appeals Briefs (1996–2006)

APPEAL FROM A CONVICTION FOR POSSESSION OF A CONTROLLED SUBSTANCE, A THIRD DEGREE FELONY, IN VIOLATION OF UTAH CODE ANN. § 58-37- 8(2)(a)(i)(1996), IN THE SEVENTH DISTRICT JUVENILE COURT IN AND FOR SAN JUAN COUNTY, THE HONORABLE LYLE R. ANDERSON, PRESIDING

State Of Utah V. John Tetmyer : Reply Brief, Utah Court Of Appeals

Utah Court of Appeals Briefs (1996–2006)

Case No. 960702-CA Priority No. 2 REPLY BRIEF OF APPELLANT APPEAL FROM THE RULING OF THE SEVENTH JUDICIAL DISTRICT COURT IN AND FOR THE COUNTY OF SAN JUAN, STATE OF UTAH THE HONORABLE LYLE R. ANDERSON, PRESIDING.

Toward A Pragmatic Model Of Judicial Decisionmaking: Why Tort Law Provides A Better Framework Than Constitutional Law For Deciding The Issue Of Medical Futility, Brent D. Lloyd

Seattle University Law Review

Recognizing that courts will eventually have to confront the issue of medical futility, this Comment argues that there is no principled basis for omitting these difficult questions from a legal analysis of the issue and that courts should therefore decide the issue in a manner that honestly confronts them. Specifically, the argument advanced here is that courts confronted with cases of medical futility should decide the issue under principles of tort law, rather than under principles of constitutional law. The crux of this argument is that tort principles provide an open-ended analytical framework conducive to considering troublesome questions like those …

Choices For A Child: An Ethical And Legal Analysis Of A Failed Surrogate Birth Contract, Adam Marshall

University of Richmond Law Review

In today's world of increasingly sophisticated reproductive technologies which offer once infertile couples the chance to have their own child, one wonders what wisdom King Solomon would provide in a conflict involving a woman hired to bear another couple's child. This paper explores such a situation.

Feminism For Men: Legal Ideology And The Construction Of Maleness, Nancy Levit

Faculty Works

It may seem a little odd to suggest that feminist theory has overlooked men. Yet, in several important respects, apart from the role of culprit, men have been largely omitted from feminism. Feminist legal theorists have paid mild attention to the "Can men be feminists?" question but this issue is usually relegated to footnotes. The negative effect gender role stereotypes have on men is typically subsidiary to the main focus of feminist legal literature, which has concentrated on documenting the patterns of subordination of women and on questions of feminist ideology.

The primary purpose of this article is to suggest …

Anti-Essentialism, Relativism, And Human Rights , Tracy E. Higgins

Faculty Scholarship

Confronted with the challenge of cultural relativism, feminism faces divergent paths, neither of which seems to lead out of the woods of patriarchy. The first path, leading to simple tolerance of cultural difference, is too broad. To follow it would require feminists to ignore pervasive limits on women's freedom in the name of an autonomy that exists for women in theory only. The other path, leading to objective condemnation of cultural practices, is too narrow. To follow it would require feminists to dismiss the culturally distinct experiences of women as false consciousness. Yet to forge an alternative path is difficult, …

Listening To Deaf Culture: A Reconceptualization Of Difference Analysis Under Title Vii, Mary Ellen Maatman

Hofstra Labor & Employment Law Journal

This article at 13 Hofstra Labor Law Journal 269 (1996) considers and critiques the treatment of difference under federal antidiscrimination law by discussing and applying key insights from the "Deaf Culture" movement and its scholarship.

Ethnocentric Public School Curriculum In A Multicultural Nation: Proposed Standards For Judicial Review, Steven Siegel

NYLS Law Review

No abstract provided.

Hiv-Aids, Infected Surgeons And Dentists, And The Medical Profession's Betrayal Of Its Responsibility To Patients, Michael L. Closen

NYLS Law Review

No abstract provided.

Deciding For Others: New York Law And The Rights Of Incompetent Persons To Withhold Or Withdraw Life-Sustaining Medical Treatment, Marina Martino

NYLS Law Review

No abstract provided.

Slamming The Closet Door Shut: Able, Thomasson And The Reality Of "Don't Ask, Don't Tell", Scott W. Wachs

NYLS Law Review

No abstract provided.

Divorce And The Modern Family: Providing In Loco Parentis Stepparents Standing To Sue For Custody Of Their Stepchildren In A Dissolution Proceeding, Bryce Levine

Hofstra Law Review

No abstract provided.

Beyond Autonomy: Coercion And Morality In Clinical Relationships, Maxwell Gregg Bloche

Georgetown Law Faculty Publications and Other Works

This article considers the problem of line-drawing between autonomy-preserving and autonomy-negating influence in clinical relationships. The author’s purpose is not to propose particular boundaries, either with respect to reproductive decisions by HIV-infected women or for other clinical choices. Rather, he attempts to shed some light on what drives our disputes about whether one or another influence method is compatible with autonomous choice.

The author argues that such disagreements reflect underlying conflicts between normative commitments, and that resolving these conflicts is essential to settling controversies over whether particular influences unduly interfere with autonomous choice. Alternative understandings of the prerequisites for autonomous …

Nuclear Weapons And The Laws Of War: Does Customary International Law Prohibit The Use Of Nuclear Weapons In All Circumstances?, Jill M. Sheldon

Fordham International Law Journal

This Note argues that customary international law does not prohibit the use of nuclear weapons in self-defense. Part I describes the characteristics of nuclear weapons, including their destructive capabilities and health effects. Part I also discusses the development of the laws of war and the process by which a generally accepted principle or practice ascends to customary international law. Further, Part I presents existing treaties concerning non-proliferation and other nuclear weapons-related issues. Part II examines the application of the laws of war to nuclear weapons use and the resulting conflict over the legality of the use of nuclear weapons. Part …

The Jury System As A Leap Of Faith, Susan Bandes

College of Law Faculty

No abstract provided.

Rule 412: Sex Offense Cases; Relevance Of Alleged Victim's Past Sexual Behavior Or Alleged Sexual Disposition

Touro Law Review

No abstract provided.

Right To Counsel

Touro Law Review

No abstract provided.