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Articles 1 - 30 of 91
Full-Text Articles in Law
Jackson, Andrew, 1767-1845 (Sc 1768), Manuscripts & Folklife Archives
Jackson, Andrew, 1767-1845 (Sc 1768), Manuscripts & Folklife Archives
MSS Finding Aids
Finding aid only for Manuscripts Small Collection 1768. Letter, 26 April 1825, from Andrew Jackson, Nashville, Tennessee to A. P. Maury, also of Nashville, in which he declines to act as guardian for the children of the late Major John Reid owing to ill health and increased responsibilities.
Spare The Rod, Save The Child: Reviewing Corporal Punishment Through The Lens Of Domestic Violence, Sarah Brady Brundage
Spare The Rod, Save The Child: Reviewing Corporal Punishment Through The Lens Of Domestic Violence, Sarah Brady Brundage
W&M Law Student Publications
No abstract provided.
The Changing Face Of Family Law: Global Consequences Of Embedding Physicians And Biotechnology In The Parent-Child Relationship, George J. Annas
The Changing Face Of Family Law: Global Consequences Of Embedding Physicians And Biotechnology In The Parent-Child Relationship, George J. Annas
Faculty Scholarship
Sexual reproduction, also known as making babies the old-fashioned way, has always brought with it significant challenges for family law, especially regarding protecting the best interests of children, and the identification of parents with the right and responsibility to rear them. But these challenges often seem mundane in the face of what has evolved since physicians have been injected into baby making and thus into novel parent-child relationships. The addition of physicians and their "new" medical technologies, sometimes called Assisted Reproductive Technology (ART), have forced the law to reconsider the very definition of motherhood and have radically altered society's view …
Matters Of Conscience: Lessons For Same-Sex Marriage From The Healthcase Context, Robin Fretwell Wilson
Matters Of Conscience: Lessons For Same-Sex Marriage From The Healthcase Context, Robin Fretwell Wilson
Scholarly Articles
None available.
Time For Singapore To Relook Abortion Law, Seow Hon Tan
Time For Singapore To Relook Abortion Law, Seow Hon Tan
Research Collection Yong Pung How School Of Law
No abstract provided.
Lower-Wage Workers And Flexible Work Arrangements, Anna Danziger, Shelley Waters Boots
Lower-Wage Workers And Flexible Work Arrangements, Anna Danziger, Shelley Waters Boots
Memos and Fact Sheets
Workers at all levels within an organization have the need to manage their work and personal/family responsibilities. Much of the past research on workplace flexibility has focused on managerial or professional positions, and thus, higher-wage jobs and workers with higher incomes. But more recently, researchers have begun to investigate the particular challenges of workplace flexibility for workers who do not fit this mold -- specifically, workers who are hourly, receive a lowerwage, or who live in lower-income families. Regardless of how they are defined, workers at the lower end of the wage and income spectrum have some unique workplace flexibility …
Time For Singapore To Relook Abortion Law, Seow Hon Tan
Time For Singapore To Relook Abortion Law, Seow Hon Tan
Research Collection Yong Pung How School Of Law
No abstract provided.
Bionormativity And The Construction Of Parenthood, Katharine K. Baker
Bionormativity And The Construction Of Parenthood, Katharine K. Baker
All Faculty Scholarship
This piece explores the relationship between legal and biological parenthood. It examines how neither history, nor evolutionary biology nor moral philosophy dictate a legal regime in which parenthood must be based on biological connection, but that attraction to a biological (or “bionormative”) regime remains strong. In explaining why, it suggests that much of what attracts people to bionormativity is not biology itself, but the way in which a biological regime constructs parenthood as a private, exclusive and binary enterprise. It is these ancillary qualities of bionormativity that people may care the most about. Today, a variety of forces put pressure …
A Comparative Perspective On Immigration Law For Same-Sex Couples: How The United States Compares To Other Industrialized Democracies, James D. Wilets
A Comparative Perspective On Immigration Law For Same-Sex Couples: How The United States Compares To Other Industrialized Democracies, James D. Wilets
Faculty Scholarship
No abstract provided.
Reevaluating Where We Stand: A Comprehensive Survey Of America’S Family Justice Systems, Barbara A. Babb
Reevaluating Where We Stand: A Comprehensive Survey Of America’S Family Justice Systems, Barbara A. Babb
All Faculty Scholarship
The call for court reform remains critical in the face of the growing complexity of burgeoning family law cases nationwide. Many states have restructured their court systems using the unified family court model, resolving legal, personal, emotional, and social disputes with the aim of improving the well-being of families and children. Other states utilize the traditional approach, resulting in cases being handled in a fragmented, time-consuming and expensive manner. In this article, Professor Barbara A. Babb presents the results of her nationwide survey regarding how each state handles family law matters. The survey is a follow-up to her comprehensive 1998 …
Introduction To Special Issue On Unified Family Courts, Barbara A. Babb, Gloria Danziger
Introduction To Special Issue On Unified Family Courts, Barbara A. Babb, Gloria Danziger
All Faculty Scholarship
No abstract provided.
Engines Of Inequality: Class, Race, And Family Structure, Amy L. Wax
Engines Of Inequality: Class, Race, And Family Structure, Amy L. Wax
All Faculty Scholarship
The past 30 years have witnessed a dramatic divergence in family structure by social class, income, education, and race. This article reviews the data on these trends, explores their significance, and assesses social scientists’ recent attempts to explain them. The article concludes that society-wide changes in economic conditions or social expectations cannot account for these patterns. Rather, for reasons that are poorly understood, cultural disparities have emerged by class and race in attitudes and behaviors surrounding family, sexuality, and reproduction. These disparities will likely fuel social and economic inequality and contribute to disparities in children’s life prospects for decades to …
Gonzalez V. Carhart And The Hazards Of Muddled Scrutiny, David D. Meyer
Gonzalez V. Carhart And The Hazards Of Muddled Scrutiny, David D. Meyer
Faculty Scholarship
No abstract provided.
An Assessment Of Cross-National Variation In Rates Of Incarceration, Ryan Spohn, Travis Linnemann
An Assessment Of Cross-National Variation In Rates Of Incarceration, Ryan Spohn, Travis Linnemann
Center on Children, Families, and the Law: Faculty Publications
Our theoretical approach compares the relative efficacy of multiple theories of law and social control. From a general social threat perspective, we find that variables reflecting the size of the unemployed youth population and general measures of income inequality have positive impacts on a nation's rates of incarceration. We also find partial support for one of Durkheim's laws of quantitative change and penal evolution, in that, all else equal, nations with a more authoritarian form of government utilize incarceration at a higher rate than their more democratic counterparts. We also find that the institutional anomie perspective, which has previously been …
Investigating Racial Disparity At The Detention Decision: The Role Of Respectability, Don L. Kurtz, Tavis Linnemann, Ryan Spohn
Investigating Racial Disparity At The Detention Decision: The Role Of Respectability, Don L. Kurtz, Tavis Linnemann, Ryan Spohn
Center on Children, Families, and the Law: Faculty Publications
A concern over inequity and the existence of racial disparity of youth served by the juvenile justice system has long been a topic of considerable interest among scholars, policymakers, and court officials. Numerous empirical studies undertaken by academics and various public and private organizations have attempted to shed some light on this phenomenon. Research findings on disproportionate minority contact have hardly been uniform, leaving much of this practice unexplained. This study uses data obtained at the detention decision point over a three-year period examining variance in juvenile case processing related to race. Findings suggest that extra-legal factors influencing the decision …
Is There Such A Thing As “Defended Community Homicide”?: The Necessity Of Methods Triangulation, Ryan Spohn
Is There Such A Thing As “Defended Community Homicide”?: The Necessity Of Methods Triangulation, Ryan Spohn
Center on Children, Families, and the Law: Faculty Publications
Data on homicides in Buffalo, New York, are analyzed to demonstrate the importance of “methods triangulation” for assessing the validity of quantitative measures. Defended community homicides are quantitatively operationalized as acts that occur in the offender’s community against a nonlocal victim. Poisson models provide strong support for the existence of defended community homicide, which is significantly more common in residentially stable and racially homogenous neighborhoods. However, subsequent qualitative analyses of the victim and offender characteristics and motives of these homicides undermine the “defended community” concept. Qualitative analyses are necessary to assess the validity of quantitative measures in criminological research.
Regulating Reproduction, Marsha Garrison
Expressing Community Values Through Family Law Adjudication, Vivian E. Hamilton
Expressing Community Values Through Family Law Adjudication, Vivian E. Hamilton
Faculty Publications
No abstract provided.
Right Responsibility: Does The Right To Procreate Include The Responsibility To Parent?, A Felicia Epps
Right Responsibility: Does The Right To Procreate Include The Responsibility To Parent?, A Felicia Epps
Journal Publications
No abstract provided.
Opening Remarks To “No Place To Live: The Housing Crisis Facing Youth Aging-Out Of Foster Care,” A National Symposium Hosted By The Child Advocacy Clinic Of St. John’S School Of Law, March 28, 2008, Dale Margolin Cecka
Law Faculty Publications
Across the country, everyone is talking about a “housing crisis.” For youth who age out of foster care, just finding a place to sleep each night is a struggle. We know that nationally, 54% of recently aged-out youth are homeless or unstably housed. In addition, these youth face higher rates of unemployment, under-education, teen pregnancy, and incarceration. We are gathered here today to address the unique and dire housing needs of youth aging of foster care. I would usually begin a Symposium like this with a story of a young person’s plight, an illustration of the injustices this population faces. …
Seeking Shelter In Tough Times: Securing Housing For Youth Who Age Out Of Foster Care, Dale Margolin Cecka
Seeking Shelter In Tough Times: Securing Housing For Youth Who Age Out Of Foster Care, Dale Margolin Cecka
Law Faculty Publications
Across the country, everyone is talking about a "housing crisis." For youth who age out of foster care, just finding a place to sleep each night is always a struggle. We know that nationally, 54% of recently aged-out youth are homeless or unstably housed. In addition, these youth face higher rates of unemployment, undereducation, teen pregnancy, and incarceration. In the last few years, lawmakers, advocates, and child welfare practitioners have finally started paying attention to adolescents discharged from foster care. This article focuses on laws and programs that target housing issues facing youth aging out of foster care. It also …
Reviving Marriage: Could We? Should We?, Marsha Garrison
Reviving Marriage: Could We? Should We?, Marsha Garrison
Faculty Scholarship
No abstract provided.
The Illusion Of Transformative Conflict Resolution: Mediating Domestic Violence In Nicaragua, Raquel Aldana, Leticia Saucedo
The Illusion Of Transformative Conflict Resolution: Mediating Domestic Violence In Nicaragua, Raquel Aldana, Leticia Saucedo
McGeorge School of Law Scholarly Articles
No abstract provided.
Protocol For Attorneys Representing Parents In Child Protective Proceedings, Frank E. Vandervort, Vivek S. Sankaran
Protocol For Attorneys Representing Parents In Child Protective Proceedings, Frank E. Vandervort, Vivek S. Sankaran
Other Publications
This protocol is intended to guide attorneys through the strategic decisions they will need to make while representing parents in child protective cases. The protocol does not provide a comprehensive action-step checklist. Parents’ attorneys can find that kind of guidance in other resources, including the “How-To-Kit: Representing Parents in Child Protective Proceedings” by the Institute of Continuing Legal Education; “Guidelines for Achieving Permanency in Child Protection Proceedings” by Children’s Charter of the Courts of Michigan; and the American Bar Association’s “Standards of Practice for Attorneys Representing Parents in Abuse and Neglect Cases.”1 For its part, this protocol delves more substantively …
Divorcing Family Law From The Nation, Philomila Tsoukala
Divorcing Family Law From The Nation, Philomila Tsoukala
Studio for Law and Culture
This paper examines the contribution of law and legal narrative in the generation of national identities, using modern Greece as a case study. It explores how claims of family law continuity and unity in nineteenth century Greece became the main mode of arguing for the existence of a Greek people, culturally distinct from their Ottoman oppressors. I argue that far from embodying any truth about Greek family law, these legal historical narratives constituted a reconceptualization of social relations on the national basis giving content to the relatively new concept of the “Greek people”. These narratives also made possible and reflected …
Rhetorical Atavism And The Narrative Of Progress In The Debate Over Marriage Equality, Courtney Megan Cahill
Rhetorical Atavism And The Narrative Of Progress In The Debate Over Marriage Equality, Courtney Megan Cahill
Scholarly Publications
No abstract provided.
Irrational Exuberance For Babies: The Taste For Heterosexuality And Its Conspicuous Reproduction, Jose M. Gabilondo
Irrational Exuberance For Babies: The Taste For Heterosexuality And Its Conspicuous Reproduction, Jose M. Gabilondo
Faculty Publications
This article targets a flying buttress of normative heterosexuality: its physical reproduction via procreation and its symbolic propagation through parents' pre-natal preferences for heterosexuality in future children. While the parental "taste for heterosexuality" is often asserted for the sake of future children themselves, this justification overlooks the role of parental self-interest, including anticipated social gains to parents from heterosexuality in children. Hence the taste sets the stage both for sexual orientation-based abuse of future children and the devaluation of sexual minority adults. Courts too have a taste for heterosexuality, shown here in two state court cases denying gays and lesbians …
The Denial Of Emergency Protection: Factors Associated With Court Decision Making, Carol E. Jordan, Adam J. Pritchard, Pamela Wilcox, Danielle Duckett-Pritchard
The Denial Of Emergency Protection: Factors Associated With Court Decision Making, Carol E. Jordan, Adam J. Pritchard, Pamela Wilcox, Danielle Duckett-Pritchard
Office for Policy Studies on Violence Against Women Publications
Despite the importance of civil orders of protection as a legal resource for victims of intimate partner violence, research is limited in this area, and most studies focus on the process following a court’s initial issuance of an emergency order. The purpose of this study is to address a major gap in the literature by examining cases where victims of intimate partner violence are denied access to temporary orders of protection. The study sample included a review of 2,205 petitions that had been denied by a Kentucky court during the 2003 fiscal year. The study offers important insights into the …
The Double Weakness Of Girls: Discrimination And Sexual Violence In Haiti, Benedetta Faedi Duramy
The Double Weakness Of Girls: Discrimination And Sexual Violence In Haiti, Benedetta Faedi Duramy
Publications
This Note is about poverty, inequality, and sexual violence. Using empirical research, it explores cultural beliefs, practices of abuse, and criminal justice responses to the widespread and systematic rape affecting girls in the shantytowns of Port-au-Prince, Haiti. Dominated by the vestiges of the French colonization and plagued by destitution and political instability, Haiti faces rampant violence and disarray leaving the majority of its population in unbearable conditions of despair. Often regarded as a pariah state by the international community and erratically supported or invaded by foreign players, Haiti remains a forgotten country despoiled by human rights violations, decadence, and turmoil.
No More Secret Adoptions: Providing Unwed Biological Fathers With Actual Notice Of The Florida Putative Father Registry, Timothy L. Arcaro
No More Secret Adoptions: Providing Unwed Biological Fathers With Actual Notice Of The Florida Putative Father Registry, Timothy L. Arcaro
Faculty Scholarship
No abstract provided.