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Articles 1 - 20 of 20
Full-Text Articles in Law
The Same-Sex Marriage Cases And Federal Jurisdiction: On Third-Party Standing And Why The Domestic Relations Exception To Federal Jurisdiction Should Be Overruled, Steven G. Calabresi, Genna L. Sinel
The Same-Sex Marriage Cases And Federal Jurisdiction: On Third-Party Standing And Why The Domestic Relations Exception To Federal Jurisdiction Should Be Overruled, Steven G. Calabresi, Genna L. Sinel
University of Miami Law Review
In this paper, we consider two questions. First, we address whether there was proper standing for the Article III courts to decide United States v. Windsor, 570 U.S. 133 S. Ct. 2675, 2696 (2013) and Hollingsworth v. Perry, 133 S. Ct. 2652, 2668 (2013). We conclude that the third-party appellants lacked standing in federal court. Second, we examine whether cases challenging state same-sex marriage bans were and are cases in “law and equity” or instead, barred under the domestic relations exception for the purposes of federal question jurisdiction. We conclude that the domestic relations exception to federal jurisdiction is an …
Fear Of Prescribing: How The Dea Is Infringing On Patients' Right To Palliative Care, Ashley Bruce Trehan
Fear Of Prescribing: How The Dea Is Infringing On Patients' Right To Palliative Care, Ashley Bruce Trehan
University of Miami Law Review
No abstract provided.
A Legal Autopsy Of The Lawyering In Schiavo: A Therapeutic Jurisprudence/Preventive Law Rewind Exercise, Bruce J. Winick
A Legal Autopsy Of The Lawyering In Schiavo: A Therapeutic Jurisprudence/Preventive Law Rewind Exercise, Bruce J. Winick
University of Miami Law Review
No abstract provided.
A New Model For Media Criticism: Lessons From The Schiavo Coverage, Lili Levi
A New Model For Media Criticism: Lessons From The Schiavo Coverage, Lili Levi
University of Miami Law Review
No abstract provided.
Schiavo And Contemporary Myths About Dying, Rebecca Dresser
Schiavo And Contemporary Myths About Dying, Rebecca Dresser
University of Miami Law Review
No abstract provided.
Ethics Schmethics: The Schiavo Case And The Culture Wars, Kenneth Goodman
Ethics Schmethics: The Schiavo Case And The Culture Wars, Kenneth Goodman
University of Miami Law Review
No abstract provided.
Pangloss, Patrick O. Gudridge
(Mis)Framing Schiavo As Discrimination Against Persons With Disabilities, Leslie Pickering Francis, Anita Silvers
(Mis)Framing Schiavo As Discrimination Against Persons With Disabilities, Leslie Pickering Francis, Anita Silvers
University of Miami Law Review
No abstract provided.
Wanted! Dead And/Or Alive: Choosing Among The Not-So-Uniform Statutory Definitions Of Death, Jason L. Goldsmith
Wanted! Dead And/Or Alive: Choosing Among The Not-So-Uniform Statutory Definitions Of Death, Jason L. Goldsmith
University of Miami Law Review
No abstract provided.
Suppose The Schindlers Had Won The Schiavo Case, Alan Meisel
Suppose The Schindlers Had Won The Schiavo Case, Alan Meisel
University of Miami Law Review
No abstract provided.
Schiavo: The Road Not Taken, Mary I. Coombs
Schiavo: The Road Not Taken, Mary I. Coombs
University of Miami Law Review
No abstract provided.
Assault On The Judiciary: Judicial Response To Cirticism Post-Schiavo, Meghan K. Jacobson
Assault On The Judiciary: Judicial Response To Cirticism Post-Schiavo, Meghan K. Jacobson
University of Miami Law Review
No abstract provided.
Some Personal Aspects Of End-Of-Life Decisionmaking, James L. Werth Jr.
Some Personal Aspects Of End-Of-Life Decisionmaking, James L. Werth Jr.
University of Miami Law Review
No abstract provided.
And Never The Twain Shall Meet: The Best Interests Of Children And The Adversary System, Janet Weinstein
And Never The Twain Shall Meet: The Best Interests Of Children And The Adversary System, Janet Weinstein
University of Miami Law Review
No abstract provided.
Criminal Protection Orders In Domestic Violence Cases: Getting Rid Of Rats With Snakes, Christopher R. Frank
Criminal Protection Orders In Domestic Violence Cases: Getting Rid Of Rats With Snakes, Christopher R. Frank
University of Miami Law Review
No abstract provided.
Severing Hansel From Gretel: An Analysis Of Siblings' Association Rights, William Wesley Patton, Dr. Sarah Latz
Severing Hansel From Gretel: An Analysis Of Siblings' Association Rights, William Wesley Patton, Dr. Sarah Latz
University of Miami Law Review
No abstract provided.
Beyond Parens Patriae: Assuring Timely, Informed, Compassionate Decisionmaking For Hiv-Positive Children In Foster Care, Deborah Weimer
Beyond Parens Patriae: Assuring Timely, Informed, Compassionate Decisionmaking For Hiv-Positive Children In Foster Care, Deborah Weimer
University of Miami Law Review
No abstract provided.
Lassiter V. Department Of Social Services: The Right To Counsel In Parental Termination Proceedings, Eric Buerman
Lassiter V. Department Of Social Services: The Right To Counsel In Parental Termination Proceedings, Eric Buerman
University of Miami Law Review
In Lassiter v. Department of Social Services, the Supreme Court of the United States held that due process mandates only a case-by-case analysis for determining when a court should appoint counsel for an indigent parent in an action to terminate parental rights. The author analyzes Lassiter in relation to the historical development of an indigent's right to counsel in criminal and civil proceedings. The author argues that a case-by-case analysis is unlikely to afford adequate protection for a parent's right to child custody and is also inconsistent with the Supreme Court's previous decisions establishing an absolute right to counsel …
Santosky V. Kramer: Clear And Convincing Evidence In Actions To Terminate Parental Rights, Robert A. Wainger
Santosky V. Kramer: Clear And Convincing Evidence In Actions To Terminate Parental Rights, Robert A. Wainger
University of Miami Law Review
No abstract provided.
Women's Rights And The Proposed Family Protection Act, Karen Flax
Women's Rights And The Proposed Family Protection Act, Karen Flax
University of Miami Law Review
In this article, the author examines the potential ramifications of the Family Protection Act, a bill recently introduced in the Senate by Senators Jespen and Laxalt. The author criticizes the bill both as a mechanism for legislatively enforcing the traditional role of women in American society and as a threat to civil liberties in general.