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Articles 31 - 60 of 213
Full-Text Articles in Law
His, Hers Or Ours? – Who Has The Right To Determine The Disposition Of Frozen Embryos After Separation Or Divorce?, April J. Walker
His, Hers Or Ours? – Who Has The Right To Determine The Disposition Of Frozen Embryos After Separation Or Divorce?, April J. Walker
Buffalo Women's Law Journal
No abstract provided.
Domesticity And The Texas Community Property System, Lauren F. Redman
Domesticity And The Texas Community Property System, Lauren F. Redman
Buffalo Women's Law Journal
No abstract provided.
Why Judy Norman Acted In Reasonable Self-Defense: An Abused Woman And A Sleeping Man, Marina Angel
Why Judy Norman Acted In Reasonable Self-Defense: An Abused Woman And A Sleeping Man, Marina Angel
Buffalo Women's Law Journal
No abstract provided.
International Adoption: Thoughts On The Human Rights Issues, Elizabeth Bartholet
International Adoption: Thoughts On The Human Rights Issues, Elizabeth Bartholet
Buffalo Human Rights Law Review
No abstract provided.
Religious V. Secular Ideologies And Sex Education: A Response To Professors Cahn And Carbone, Vivian E. Hamilton
Religious V. Secular Ideologies And Sex Education: A Response To Professors Cahn And Carbone, Vivian E. Hamilton
West Virginia Law Review
No abstract provided.
Deep Purple: Religious Shades Of Family Law, Naomi Cahn, June Carbone
Deep Purple: Religious Shades Of Family Law, Naomi Cahn, June Carbone
West Virginia Law Review
No abstract provided.
The Overlooked Costs Of Religious Deference, Robin Fretwell Wilson
The Overlooked Costs Of Religious Deference, Robin Fretwell Wilson
Washington and Lee Law Review
Citing the Qur'an, a German divorce court judge this year denied a fast track divorce to a Muslim woman who had been the victim of domestic violence and death threats from her husband. The judge rejected her application because the husband's exercise of his "right to castigate does not fulfill the hardship criteria" for an expedited divorce. The decision, which sparked a firestorm of controversy, comes at an important time in the movement to embrace pluralistic understandings of family relationships. Scholars and policymakers around the world are advancing various schemes for sharing state control over domestic disputes with religious groups-ranging …
Investigating The Justice System Response To Domestic Violence In Missouri, Mary M. Beck, Brandi L. Byrd, M. Meghan Davidson, Niels C. Beck, Gregory F. Petroski
Investigating The Justice System Response To Domestic Violence In Missouri, Mary M. Beck, Brandi L. Byrd, M. Meghan Davidson, Niels C. Beck, Gregory F. Petroski
Faculty Publications
One in four women will experience domestic violence in their lifetimes. Each year, 5.3 million domestic violence assaults occur in the United States alone and domestic violence is the leading cause of injury to women. Yet, despite the prevalence of domestic violence, little empirical research on the justice system's response to it exists. This paper seeks to describe a state funded project that was created to assess and compare responses to domestic violence throughout the state of Missouri. The project lasted for three years and was conducted by an interdisciplinary team of University of Missouri-Columbia (MU) professors and students.
How The Door Of Ijtihad Was Opened And Closed: A Comparative Analysis Of Recent Family Law Reforms In Iran And Morocco, Ziba Mir-Hosseini
How The Door Of Ijtihad Was Opened And Closed: A Comparative Analysis Of Recent Family Law Reforms In Iran And Morocco, Ziba Mir-Hosseini
Washington and Lee Law Review
This Comment compares the politics and dynamics of recent family law reforms in Iran and Morocco. In both countries, reforms have in effect crippled men's privileges in marriage under Islamic law by restricting their unilateral and extra-judicial rights to divorce and polygyny. In Morocco, the 2004 reforms are radical in that they admit the principle of equality in marriage and cast classical Maliki School of Sunni law in a new light; the result of prolonged efforts by the women's movement, these reforms were finally achieved by the intervention of the King who claimed the right of ijtihad as the Commander …
Taxation Without Duplication: Misattributed Paternity And The Putative Father's Claim For Restitution Of Child Support, Shawn Seliber
Taxation Without Duplication: Misattributed Paternity And The Putative Father's Claim For Restitution Of Child Support, Shawn Seliber
Washington and Lee Journal of Civil Rights and Social Justice
No abstract provided.
Marital Property In California And Indonesia: Community Property And Harta Bersama, Mark E. Cammack
Marital Property In California And Indonesia: Community Property And Harta Bersama, Mark E. Cammack
Washington and Lee Law Review
One of the more notable features of Indonesian Islamic law is its recognition of the concept of jointly owned marital property. The Indonesian doctrine of joint marital property bears a striking similarity to the community property system in California. In both systems the marital estate consists of property acquired during the marriage through the efforts of either of the spouses. Both systems distinguish marital property from separate property and both define separate property as all property owned by either spouse prior to the marriage or acquired by gift or inheritance afterwards. Apart from their doctrinal similarity, Indonesian Islamic marital property …
Moroccan Women In Europe: Bargaining For Autonomy, Marie-Claire Foblets
Moroccan Women In Europe: Bargaining For Autonomy, Marie-Claire Foblets
Washington and Lee Law Review
This Article explores the path of possibilities offered in the case of Moroccans-in particular women-residing in (continental) Europe to determine, up to a point, the legal regime that will apply to their family life. The vast majority of Moroccans currently living in Europe have retained their original nationality, often combining it with that of the country of habitual residence. Adhesion to Islam often explains the attachment to the family law, which is a religious law, of the country of origin. Family reunifications in many cases mean enduring "rootedness" in the normative system of the country of origin. With mobility rendered …
Lessons From Islamic Polygamy: A Case For Expanding The American Concept Of Surviving Spouse So As To Include De Facto Polygamous Spouses, Michele Alexandre
Lessons From Islamic Polygamy: A Case For Expanding The American Concept Of Surviving Spouse So As To Include De Facto Polygamous Spouses, Michele Alexandre
Washington and Lee Law Review
While polygamy is illegal in the United States, forms of it are still practiced either overtly, pursuant to religious traditions, or covertly, by the maintenance of two or more family units. As a result, any claims, disputes, or abuses that arise in the context of de facto polygamous unions remain irremediable. My focus, in this Article, is not to advocate that polygamy should be legally recognized. Nor is it my purpose to debate the viability or morality of polygamy. Instead, I am concerned with affording legal remedies for vulnerable individuals living and operating in de facto polygamous unions. In light …
"Big Love"'?* The Recognition Of Customary Marriages In South Africa, Penelope E. Andrews
"Big Love"'?* The Recognition Of Customary Marriages In South Africa, Penelope E. Andrews
Washington and Lee Law Review
This Comment contextualizes the issue of polygamous marriages within the South African constitutional paradigm, one committed unequivocally to the principle of equality. This Comment analyzes how South African law, European in origin, had to incorporate the laws and institutions of indigenous communities within the national legal framework, as part of the overall transformative legal project underway in the country since 1994. By focusing on the Recognition of Customary Marriages Act, this Comment examines such incorporation, while questioning its effect on the overall project of constitutionalism, human rights, and equality
Justice And Equality In Muslim Family Laws: Challenges, Possibilities, And Strategies For Reform', Zainah Anwar, Jana S. Rumminger
Justice And Equality In Muslim Family Laws: Challenges, Possibilities, And Strategies For Reform', Zainah Anwar, Jana S. Rumminger
Washington and Lee Law Review
One of the subtle but most pervasive areas of discrimination against women in the Muslim world today is the inequality that occurs within the context of the family. Throughout Muslim countries and contexts, Muslim women are speaking out about such discrimination and are fighting for reform of family laws to promote justice and equality within the family. This Article outlines key discriminatory provisions within Malaysia's Islamic Family Law (Federal Territories) Act of 1984 and the efforts being made by Muslim women in Malaysia to advocate for comprehensive reform of Malaysian Muslim family laws. This effort includes developing an understanding of …
Palmore Comes Of Age: The Place Of Race In The Placement Of Children, David D. Meyer
Palmore Comes Of Age: The Place Of Race In The Placement Of Children, David D. Meyer
Faculty Scholarship
No abstract provided.
La Cesión De Derechos En El Código Civil Peruano, Edward Ivan Cueva
La Cesión De Derechos En El Código Civil Peruano, Edward Ivan Cueva
Edward Ivan Cueva
La Cesión de Derechos en el Código Civil Peruano
When Is A "Minor" Also An "Adult"?: An Adolescent's Liberty Interest In Accessing Contraceptives From Public School Distribution Programs, Joshua A. Douglas
When Is A "Minor" Also An "Adult"?: An Adolescent's Liberty Interest In Accessing Contraceptives From Public School Distribution Programs, Joshua A. Douglas
Law Faculty Scholarly Articles
Imagine “Mary,” a sixteen-year-old junior in high school, who has been dating “John,” a seventeen-year-old senior, for three years in a serious relationship. Mary knows that she and John should practice safe sex, and she does not want to become pregnant or catch a sexually transmitted disease. However, she is concerned that her parents will not approve of her activities and will not help her in obtaining contraceptives. John also feels that he is mature enough to make the decision to have sex, yet he knows that his parents will want to consent before he can receive condoms from his …
Caring Too Little, Caring Too Much: Competence And The Family Law Attorney, Barbara Glesner Fines
Caring Too Little, Caring Too Much: Competence And The Family Law Attorney, Barbara Glesner Fines
Faculty Works
No abstract provided.
Redefining Marriage: Where To Draw The Line?, Seow Hon Tan
Redefining Marriage: Where To Draw The Line?, Seow Hon Tan
Research Collection Yong Pung How School Of Law
No abstract provided.
Redefining Marriage: Where To Draw The Line?, Seow Hon Tan
Redefining Marriage: Where To Draw The Line?, Seow Hon Tan
Research Collection Yong Pung How School Of Law
No abstract provided.
Symposium On The Miller Commission On Matrimonial Law: Editor's Overview, Janet A. Johnson
Symposium On The Miller Commission On Matrimonial Law: Editor's Overview, Janet A. Johnson
Pace Law Review
No abstract provided.
Pace Law Review Symposium: New York Matrimonial Commission - Introduction, Judith S. Kaye
Pace Law Review Symposium: New York Matrimonial Commission - Introduction, Judith S. Kaye
Pace Law Review
No abstract provided.
The Commission's Process And Recommendations, Sondra Miller
The Commission's Process And Recommendations, Sondra Miller
Pace Law Review
No abstract provided.
Addicted To Fault: Why Divorce Reform Has Lagged In New York, J. Herbie Difonzo, Ruth C. Stern
Addicted To Fault: Why Divorce Reform Has Lagged In New York, J. Herbie Difonzo, Ruth C. Stern
Pace Law Review
No abstract provided.
Justice Abandoned: Forty Years Of Stalemate In Actions For Divorce On The Ground Of Abandonment, Dolores Gebhardt, Sondra Miller
Justice Abandoned: Forty Years Of Stalemate In Actions For Divorce On The Ground Of Abandonment, Dolores Gebhardt, Sondra Miller
Pace Law Review
No abstract provided.
Kramer Vs. Kramer Revisited: A Comment On The Miller Commission Report And The Obligation Of Divorce Lawyers For Parents To Discuss Alternative Dispute Resolution With Their Clients, Andrew Schepard
Pace Law Review
No abstract provided.
The Hand That Rocks The Cradle: Maternal Gatekeeping After Divorce, Marsha Kline Pruett, Lauren A. Arthur, Rachel Ebling
The Hand That Rocks The Cradle: Maternal Gatekeeping After Divorce, Marsha Kline Pruett, Lauren A. Arthur, Rachel Ebling
Pace Law Review
No abstract provided.
A Law Guardian By The Same Name: A Response To Professor Guggenheim's Matrimonial Commission Critique, Merril Sobie
A Law Guardian By The Same Name: A Response To Professor Guggenheim's Matrimonial Commission Critique, Merril Sobie
Pace Law Review
No abstract provided.
Reforming Divorce: What's Needed And What's Not, Marsha Garrison
Reforming Divorce: What's Needed And What's Not, Marsha Garrison
Pace Law Review
No abstract provided.