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Family Law

Selected Works

2008

Institution
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Articles 31 - 42 of 42

Full-Text Articles in Law

Children’S Rights To Representation: A Comparison Between Sweden And England, Titti Mattsson, Eva Ryrstedt Dec 2007

Children’S Rights To Representation: A Comparison Between Sweden And England, Titti Mattsson, Eva Ryrstedt

Titti Mattsson

In both England and in Sweden, the approach to a child's right to representation differs between public law cases and private law cases regarding legal custody/parental responsibility, residence or contact. This article discusses the basis for this distinction, and how far it accords with the best interests of the child.

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International Legal Developments In Review: Family Law, Robert Spector, Brad Lechman-Su Dec 2007

International Legal Developments In Review: Family Law, Robert Spector, Brad Lechman-Su

Robert G. Spector

No abstract provided.

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The Principles Of Justice In Procreative Affiliations, Scott Fitzgibbon Dec 2007

The Principles Of Justice In Procreative Affiliations, Scott Fitzgibbon

Scott T. FitzGibbon

What's the Harm? is an interdisciplinary collection of perspectives on the question of harm--whether legalizing same-sex marriage will cause harm to society, and whether the denial of same-sex marriage causes harm to society. This clarifying and illuminating book explores the societal, familial, individual, and jurisprudential harms of the legalization or prohibition of same-sex marriage. The contributors wrestle with the "what's the harm" question from a variety of academic and professional perspectives, emphasizing the significance and impact of legalizing same-sex marriage for law, government, family relations, and child welfare. What's the Harm? is a valuable resource of diverse insights, arguments, and …

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A Review Of The Year In Family Law 2006-2007: Judges Try To Find Answers To Complex Questions, Robert Spector, Linda Elrod Dec 2007

A Review Of The Year In Family Law 2006-2007: Judges Try To Find Answers To Complex Questions, Robert Spector, Linda Elrod

Robert G. Spector

No abstract provided.

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"Judicial" Decision-Making In Australia – Critique And Redemption, John Wade Dec 2007

"Judicial" Decision-Making In Australia – Critique And Redemption, John Wade

John Wade

Extract:

This paper has four parts, namely a description of:

A. The Context ▪ Australia (the place) ▪ The vast landscape of “judicial” or quasi-judicial decision makers

B. The Commentary ▪ Repetitive critiques of judicial decision-making ▪ Redemption of judicial decision making

Plus an Appendix on Court Structures with details and diagrams.

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What Is Choice? Examining Sex Trafficking Legislation Through The Lenses Of Rape Law And Prostitution, Marisa S. Cianciarulo Dec 2007

What Is Choice? Examining Sex Trafficking Legislation Through The Lenses Of Rape Law And Prostitution, Marisa S. Cianciarulo

Marisa S. Cianciarulo

Sex trafficking has proven particularly immune to attempts to eradicate it. One reason may be that some types of demand will always be illegal and thus always vulnerable to trafficking, such as violent sex or sex with minors. Another reason, however, and the one that is the subject of this article, is the lack of cohesive policy on one of the main issues surrounding trafficking: consent. As discussed below, conflicting perspectives on the nature of consent have impeded the development of effective anti-trafficking efforts. One of the main debates plaguing efforts to eliminate sex trafficking involves the definition of the …

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Framing Public Interventions With Respect To Children As Parent Empowering, Stephen D. Sugarman Dec 2007

Framing Public Interventions With Respect To Children As Parent Empowering, Stephen D. Sugarman

Stephen D Sugarman

No abstract provided.

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Trial Tips: Structure In Direct Examination Wins Cases, J. Palmer Lockard Ii Dec 2007

Trial Tips: Structure In Direct Examination Wins Cases, J. Palmer Lockard Ii

J. Palmer Lockard II

Two issues are likely to create problems for the attorney in organizing the internal structure of the direct examination. First, new attorneys often follow a script when conducting direct examination. A second issue arises from the attorney's familiarity with the witnesses' testimony. Both of these problems can be alleviated by a simple strategy: The attorney must listen to the witness and use the witness' answer in formulating the questions.

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Five Decades Of Family Law, Sanford N. Katz Dec 2007

Five Decades Of Family Law, Sanford N. Katz

Sanford N. Katz

No abstract provided.

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Una Contribución A La Defensa De La Causa Del Contrato Como El Signo Distintivo Del Civil Law, Rómulo Morales Dec 2007

Una Contribución A La Defensa De La Causa Del Contrato Como El Signo Distintivo Del Civil Law, Rómulo Morales

Rómulo Martín Morales Hervias

El concepto de causa del contrato es un signo distintivo del Civil Law francés e italiano que nos diferencia de los alemanes y de los anglosajones. Su utilidad dependerá de que en el futuro se use este concepto y a la larga sea nuestra carta cultural de presentación frente a otras experiencias jurídicas.

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Examining The Dispute Resolution Section Pro Bono Mediation Project: Lessons Learned And A Plan For The Future, Sherrill W. Hayes Dec 2007

Examining The Dispute Resolution Section Pro Bono Mediation Project: Lessons Learned And A Plan For The Future, Sherrill W. Hayes

Sherrill W. Hayes

From its inception in the autumn of 2008, of the Dispute Resolution Section’s Pro-Bono Mediation Project represented the best type of collaboration between members of the Dispute Resolution Section and community organizations, one designed to improve the lives of the citizens of North Carolina through the use of alternative dispute resolution. Every option explored and decision made was done in the spirit of the 4ALL Campaign. Those involved have the leadership of the North Carolina Bar Association to thank for their vision and leadership in implementing such an innovative and needed project.

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In Good Times And In Debt: The Evolution Of Marital Agency And The Meaning Of Marriage, Marie T. Reilly Dec 2007

In Good Times And In Debt: The Evolution Of Marital Agency And The Meaning Of Marriage, Marie T. Reilly

Marie T. Reilly

A married person sometimes acts solely for herself and at other times on behalf of her spouse. If she incurs debt solely for herself, then only she is liable to the creditor. If, however, she incurs debt both for herself and on behalf of her spouse, both are liable – the debtor directly and the spouse indirectly by imputed liability. Before married women’s property reform, imputed marital liability followed from marital status. As marriage changed to recognize the legal individuality of both spouses, so too did the scope of a spouse’s imputed liability for the debts of the other spouse. …

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