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Full-Text Articles in Law
Freedom And Choice In Constitutional Law, John H. Garvey
Freedom And Choice In Constitutional Law, John H. Garvey
Scholarly Articles
The constitutional rights of children, the mentally ill, and other legally incompetent persons have been the subject of much litigation in the past twenty years. In this Article, Professor Garvey develops a general theory to explain the different ways in which persons of diminished capacity can be said to enjoy constitutional protections. He first notes that, of the various constitutional provisions, only one kind -freedoms, which protect the right to make choices - pose serious difficulties when applied to persons of diminished capacity. He then proposes a hierarchy of ways in which we can attribute freedoms to such persons: the …
Divorce Law Practice (Part 2), Harvey L. Zuckman
Divorce Law Practice (Part 2), Harvey L. Zuckman
Scholarly Articles
Part 2 of an overview of divorce law practice deals with custody and visitation arrangements, pretrial activities and the negotiation of separation and property settlement agreements. Part 1 discussed the initial interview, the problem of multiple clients, and the three kinds of separation agreements.
Divorce Law Practice (Part 3), Harvey L. Zuckman
Divorce Law Practice (Part 3), Harvey L. Zuckman
Scholarly Articles
Part 3 of an overview of divorce law practice deals with contested and uncontested divorce trials, post divorce litigation, and multistate complications. Parts 1 and 2 discussed the initial interview, separation agreements, custody and visitation arrangements, and pretrial activities.
Artificial Insemination Redivivus: Permutations Within A Penumbra, George P. Smith Ii
Artificial Insemination Redivivus: Permutations Within A Penumbra, George P. Smith Ii
Scholarly Articles
Judicial and legislative action are needed in order to chart a course of stability for decision-making in the field of artificial insemination. Because of the lethargy and benign neglect of the medical profession itself in policing this area, the courts will be forced to impose new and higher standards of care and responsibility, thereby tightening the laws of malpractice. Additional clarifying legislation will also have to be enacted creating a presumption at law of legitimacy for the issue born of consensual AID and thereby establishing both the legal rights and duties of the consenting husband. Donor liability should be scrupulously …