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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 May 2016

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 Apr 2007

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.


Schiavo And Contemporary Myths About Dying, Rebecca Dresser Apr 2007

Schiavo And Contemporary Myths About Dying, Rebecca Dresser

University of Miami Law Review

No abstract provided.


A New Model For Media Criticism: Lessons From The Schiavo Coverage, Lili Levi Apr 2007

A New Model For Media Criticism: Lessons From The Schiavo Coverage, Lili Levi

University of Miami Law Review

No abstract provided.


Ethics Schmethics: The Schiavo Case And The Culture Wars, Kenneth Goodman Apr 2007

Ethics Schmethics: The Schiavo Case And The Culture Wars, Kenneth Goodman

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 Apr 2007

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.


(Mis)Framing Schiavo As Discrimination Against Persons With Disabilities, Leslie Pickering Francis, Anita Silvers Apr 2007

(Mis)Framing Schiavo As Discrimination Against Persons With Disabilities, Leslie Pickering Francis, Anita Silvers

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 Apr 2007

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.


Pangloss, Patrick O. Gudridge Apr 2007

Pangloss, Patrick O. Gudridge

University of Miami Law Review

No abstract provided.


Suppose The Schindlers Had Won The Schiavo Case, Alan Meisel Apr 2007

Suppose The Schindlers Had Won The Schiavo Case, Alan Meisel

University of Miami Law Review

No abstract provided.


Assault On The Judiciary: Judicial Response To Cirticism Post-Schiavo, Meghan K. Jacobson Apr 2007

Assault On The Judiciary: Judicial Response To Cirticism Post-Schiavo, Meghan K. Jacobson

University of Miami Law Review

No abstract provided.


Schiavo: The Road Not Taken, Mary I. Coombs Apr 2007

Schiavo: The Road Not Taken, Mary I. Coombs

University of Miami Law Review

No abstract provided.


Some Personal Aspects Of End-Of-Life Decisionmaking, James L. Werth Jr. Jan 2007

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 Oct 1997

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 Jul 1996

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 Apr 1994

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 Nov 1991

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 Jan 1982

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 Jan 1982

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 Nov 1981

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.