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Articles 1 - 7 of 7
Full-Text Articles in Law
Breaking The Silence: Advancing Knowledge About Adoption For Counseling Psychologists, Amanda Baden, Kathy P. Zamostny, Mary O'Leary Wiley, Karen M. O'Brien, Richard M. Lee
Breaking The Silence: Advancing Knowledge About Adoption For Counseling Psychologists, Amanda Baden, Kathy P. Zamostny, Mary O'Leary Wiley, Karen M. O'Brien, Richard M. Lee
Department of Counseling Scholarship and Creative Works
Provides an introduction to the Major Contribution for this issue of Counseling Psychologist. The Major Contribution consists of an overview article describing the practice of adoption and two detailed reviews of recent empirical literature related to adoptive families and transracial adoptees. Given the prevalence of people affected by adoption, the lack of knowledge regarding adoption among researchers and practitioners, the inattention to adoption research by psychology, and the negative myths about and stigma faced by adoptive triad members, the Major Contribution will have the following as its purposes: (a) to increase awareness of the psychological and sociocultural issues involved in …
Beyond The “Courts Of The Conqueror”: Balancing Private And Cultural Property Rights Under Hawaiian Law, M. Casey Jarman, Robert R.M. Verchick
Beyond The “Courts Of The Conqueror”: Balancing Private And Cultural Property Rights Under Hawaiian Law, M. Casey Jarman, Robert R.M. Verchick
Robert R.M. Verchick
No abstract provided.
Incorporating Common Law Into The Constitution Of Canada: Egale V. Canada And The Status Of Marriage, Mark D. Walters
Incorporating Common Law Into The Constitution Of Canada: Egale V. Canada And The Status Of Marriage, Mark D. Walters
Osgoode Hall Law Journal
Recent decisions of the Supreme Court of Canada raise complicated questions about the relationship between the common law and the Constitution. In particular, a distinction may now be drawn between constitutional common law concepts that are "incorporated" by the Constitution and those that are "free-standing" or "text-emergent." The author explores the significance of these distinctions by examining the argument, accepted in the recent case of EGALE V. Canada, that the reference to marriage in section 91(26) of the Constitution serves to incorporate the common law definition of marriage into the Constitution, thus preventing federal or provincial legislation from legalizing same-sex …
Holmes, Common Law Theory, And Judicial Restraint, 36 J. Marshall L. Rev. 457 (2003), Frederic R. Kellogg
Holmes, Common Law Theory, And Judicial Restraint, 36 J. Marshall L. Rev. 457 (2003), Frederic R. Kellogg
UIC Law Review
No abstract provided.
The Uniform Probate Code's Elective Share: Time For A Reassessment, Lawrence W. Waggoner
The Uniform Probate Code's Elective Share: Time For A Reassessment, Lawrence W. Waggoner
Articles
In this Article, Professor Waggoner proposes reforms to the Uniform Probate Code's (UPC) treatment of the elective share of the surviving spouse. First, the Article recommends that the UPC adopt a form of presentation that more transparently reflects the normative theories and empirical assumptions underlying the UPC's elective share framework. Second, the Article presents demographic data suggesting that the UPC's current elective share approximation schedule may be inappropriatef or a sizable faction of married couples, those remarryingf ollowing widowhood. Finally, the Article proposes two substantive revisions to the UPC's election share framework-the first proposal is to lengthen the approximation schedule; …
State Laws And The Independent Judiciary: An Analysis Of The Effects Of The Seventeenth Amendment On The Number Of Supreme Court Cases Holding State Laws Unconstitutional, Donald J. Kochan
Donald J. Kochan
In recent years, the Seventeenth Amendment has been the subject of legal scholarship, congressional hearings and debate, Supreme Court opinions, popular press articles and commentary, state legislative efforts aimed at repeal, and activist repeal movements. To date, the literature on the effects of the Seventeenth Amendment has focused almost exclusively on the effects on the political production of legislation and competition between legislative bodies. Very little attention has been given to the potential adverse effects of the Seventeenth Amendment on the relationship between state legislatures and the federal courts. This Article seeks to fill part of that literature gap, applying …
Complicity With Evil, M. Cathleen Kaveny