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Full-Text Articles in Law

Institutionalized Silence: The Problem Of Child Voicelessness In Divorce Proceedings, Brandon Sadowsky Dec 2013

Institutionalized Silence: The Problem Of Child Voicelessness In Divorce Proceedings, Brandon Sadowsky

Brandon Sadowsky

In this paper, I present the current state of child representation in divorce proceedings. I argue that children should be represented in all divorce proceedings. I then consider the best interest and client-directed models of child representation and argue that each model is supported by important intuitions: paternalism and autonomy, respectively. I try to formulate a hybrid model that satisfies both of these intuitions.


Tocqueville’S Slow And Steady Democratic Order In Light Of Us V. Windsor: Same Sex Marriage, And The Dilemma Of Majority Tyranny, Federalism, And Equality Of Conditions, Harry M. Hipler Jul 2013

Tocqueville’S Slow And Steady Democratic Order In Light Of Us V. Windsor: Same Sex Marriage, And The Dilemma Of Majority Tyranny, Federalism, And Equality Of Conditions, Harry M. Hipler

Harry M Hipler

Tocqueville is a reliable interpreter of contemporary American life. His ideas written in the 1830s still resonate today. Tocqueville’s democratic order in Democracy in America (DA) is a dynamic process of socialization and democratization that balances liberty, authority, and equality of the individual in the community in order to obtain social and political justice. The USSC in US v. Windsor ruled that Section 3 of DOMA violated the doctrine of federalism and state sanctioned same-sex marriage. The decision followed Tocqueville’s gradual and progressive development of social and political justice that is crucial to a sustainable democratic order. In my research …


Think Of The Children: Advancing Marriage Equality By Renewing The Focus On Same-Sex Adoption Litigation, Jacob M. Reif Feb 2013

Think Of The Children: Advancing Marriage Equality By Renewing The Focus On Same-Sex Adoption Litigation, Jacob M. Reif

Jacob M Reif

No abstract provided.