Open Access. Powered by Scholars. Published by Universities.®

Law Commons

Open Access. Powered by Scholars. Published by Universities.®

Articles 121 - 134 of 134

Full-Text Articles in Law

Lessons From Personhood’S Defeat: Abortion Restrictions And Side Effects On Women’S Health, Maya Manian Dec 2012

Lessons From Personhood’S Defeat: Abortion Restrictions And Side Effects On Women’S Health, Maya Manian

Maya Manian

State personhood laws pose a puzzle. These laws would establish fertilized eggs as persons and, by doing so, would ban all abortions. Many states have consistently supported laws restricting abortion care. Yet, thus far no personhood laws have passed. Why? This Article offers a possible explanation and draws lessons from that explanation for understanding and resisting abortion restrictions more broadly. I suggest that voters’ recognition of the implications of personhood legislation for health issues other than abortion may have led to personhood’s defeat. In other words, opponents of personhood proposals appear to have successfully reconnected abortion to pregnancy care, contraception, …


Speaker, Workshop Organizer, Moderator And Presenter, Francine Sherman Dec 2012

Speaker, Workshop Organizer, Moderator And Presenter, Francine Sherman

Francine T. Sherman

Professor Sherman has served as a Speaker, Workshop Organizer, Moderator, and Presenter for a range of workshops on topics related to detention reform and girls at the Annie E. Casey Foundation Juvenile Detention Alternatives Initiative Annual Conferences since 2000.


From Sex For Please To Sex For Parenthood: How The Law Manufactures Mothers, Beth A. Burkstrand-Reid Dec 2012

From Sex For Please To Sex For Parenthood: How The Law Manufactures Mothers, Beth A. Burkstrand-Reid

Beth A. Burkstrand-Reid

As soon as sperm enter a woman, so do law and politics, or so the decades-long disputes surrounding abortion suggest. Now, however, renewed debates surrounding contraceptives show legal and political interference with women’s sexual and reproductive autonomy may actually precede the sperm. This Article argues that, increasingly, women even thinking about having sex are defined socially and legally as “mothers.” Via this broad definition of who is a “mother," the State extends its reach into women’s decision-making throughout their reproductive lifetime. This Article argues that the State simultaneously devalues women’s choices to have sex for pleasure, which this Article calls …


Registering Relationships, Erez L. Aloni Dec 2012

Registering Relationships, Erez L. Aloni

Erez Aloni

Despite the dramatic changes in family structure in the past decades--including the unprecedented and skyrocketing number of families who live in nonmarital arrangements--marriage and marriage-mimic institutions remain the only legal options for the recognition of relationships. This regulatory regime leaves millions of Americans without the means to establish and protect relationship rights. This Article suggests that the legal issues arising from nonmarital relationships would be best addressed if more options for legal recognition of such relationships were offered. Accordingly, this Article presents the primary principles of a registration-based marriage alternative that is founded on contract: “registered contractual relationships” (RCRs). This …


Sharing Inequality, Alicia B. Kelly Dec 2012

Sharing Inequality, Alicia B. Kelly

Alicia B. Kelly

No abstract provided.


Dirty Harry Meets Dirty Diapers: Masculinities, At-Home Fathers & Making The Law Work For Families, Beth A. Burkstrand-Reid Dec 2012

Dirty Harry Meets Dirty Diapers: Masculinities, At-Home Fathers & Making The Law Work For Families, Beth A. Burkstrand-Reid

Beth A. Burkstrand-Reid

Who is the “man”? Implicit in that question is whether the man at issue demonstrates traits traditionally associated with masculinity: traits such as power, rejecting all things associated with being female, aggression, and being the family breadwinner. If a man, then, abandons paid work and stays at home full-time with his children, is he still a “man” as typically defined? The answer to this question bears both on whether families are truly evolving away from the gendered construct that places men as family breadwinners and women as caregivers and whether work-family balance law meets the needs of these—and all—families. This …


From Collaboration To Consolidation: Developing A More Expansive Model For Responding To Family Violence, Deseriee A. Kennedy Dec 2012

From Collaboration To Consolidation: Developing A More Expansive Model For Responding To Family Violence, Deseriee A. Kennedy

Deseriee A. Kennedy

Academics and activists have frequently called for increased collaboration and communication between domestic violence and child welfare agencies as a means of more effectively responding to the impact of domestic violence on children and in recognition of the co-occurrence of domestic violence and child maltreatment. This Article reviews whether efforts based on the Greenbook and other initiatives calling for collaboration have led to any appreciable decrease in family violence. The Article finds evidence to suggest that there has not been significant improvement in the incidence or severity of family violence and more radical responses to family violence are needed. It …


When The Need To Know Outweighs Privacy: Granting Access To Child Welfare Records In The 50 States, Courtney Barclay Dec 2012

When The Need To Know Outweighs Privacy: Granting Access To Child Welfare Records In The 50 States, Courtney Barclay

Courtney Barclay

In 2013, the Kansas City Star, reported that, despite thirteen years of transparency under a records disclosure law, the Missouri Department of Social Services initially declined to requests for information regarding three tragic cases of child abuse in 2012, including one fatality. The state disclosure law permits the director of DSS to release information in these kinds of cases. Yet, the Department refused to release records, citing the need to avoid “hinder[ing] the criminal justice system.” This refusal to provide information seemed contrary to more than a decade of policy since the passage of the Missouri disclosure law in 2000 …


A Strategy For Teaching Objectivity To The Domestic Relations Student: Utilizing Psychodrama To Explore Attorney Empathy Toward Improving Family Law Outcomes, Bruce L. Beverly Dec 2012

A Strategy For Teaching Objectivity To The Domestic Relations Student: Utilizing Psychodrama To Explore Attorney Empathy Toward Improving Family Law Outcomes, Bruce L. Beverly

Bruce L. Beverly

The basic domestic relations law course is often taught by the casebook method, with little reference to actual underlying human drama. In order to produce effective advocates, it is necessary for student to be brought out of the sterile case recitation model and into a role where the student experiences, in a controlled and directed fashion, some of the hardships faced by the players in a family law case. This article proposes that, in line with new emphasis on experiential learning and alternate learning styles, one might employ a psychodramatic approach to teaching the domestic relations course, in order to …


Meeting The Challenges Of Adoption In An Internet Age, Mary Kate Kearney, Arrielle Millstein Dec 2012

Meeting The Challenges Of Adoption In An Internet Age, Mary Kate Kearney, Arrielle Millstein

Mary Kate Kearney

No abstract provided.


Análisis De La Enfermedad Grave De Transmisión Sexual Como Causal De Divorcio, Marco Andrei Torres Maldonado, Mario Castillo Freyre Dec 2012

Análisis De La Enfermedad Grave De Transmisión Sexual Como Causal De Divorcio, Marco Andrei Torres Maldonado, Mario Castillo Freyre

Marco Andrei Torres Maldonado

No abstract provided.


La Falta De Legitimidad En Los Contratos Inoponibles, Rómulo Morales Dec 2012

La Falta De Legitimidad En Los Contratos Inoponibles, Rómulo Morales

Rómulo Martín Morales Hervias

No abstract provided.


Paradigms Lost: How Domestic Partnership Went From Innovation To Injury, Melissa Murray Dec 2012

Paradigms Lost: How Domestic Partnership Went From Innovation To Injury, Melissa Murray

Melissa Murray

No abstract provided.


Black Marriage, White People, Red Herrings, Melissa Murray Dec 2012

Black Marriage, White People, Red Herrings, Melissa Murray

Melissa Murray

No abstract provided.