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Family Law

2011

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Articles 1 - 30 of 326

Full-Text Articles in Law

Injunctions In Domestic Violence: Case Study In Iran, Ehsan Zarrokh Dec 2011

Injunctions In Domestic Violence: Case Study In Iran, Ehsan Zarrokh

Ehsan Zarrokh

As domestic violence becomes increasingly recognized a widespread social problem, judicial system has begun playing larger roles in providing legal protection to these victims. One way they are doing this in the Iran is through the use of protective restraining orders or injunctions. The purpose of this research was to determine if permanent Injunctions for Protection provide victims of Domestic Violence with a sense of security in alleviating fear of retaliation or on-going violence.


Unexplained Fractures In Infants And Child Abuse: The Case For Requiring Bone-Density Testing Before Convicting Caretakers, Matt Seeley Dec 2011

Unexplained Fractures In Infants And Child Abuse: The Case For Requiring Bone-Density Testing Before Convicting Caretakers, Matt Seeley

BYU Law Review

No abstract provided.


Historia, Maendeleo Na Mabadiliko Ya Katiba Tanzania Tangu Uhuru Hadi Miaka Hamsini Ya Uhuru 9 Desemba 2011., Daudi Mwita Nyamaka Mr. Dec 2011

Historia, Maendeleo Na Mabadiliko Ya Katiba Tanzania Tangu Uhuru Hadi Miaka Hamsini Ya Uhuru 9 Desemba 2011., Daudi Mwita Nyamaka Mr.

Daudi Mwita Nyamaka Mr.

Jamhuri ya Muungano wa Tanzania ni nchi iliyotokana na nchi mbili za Tanganyika na Zanzibari mwaka 1964, tangu uhuru wa Tanganyika 1961 na uhuru wa Zanzibari 1963 pamekuwapo na maendeleo ya kikatiba kwa upande wa Muungano na kwa Zanzibari ambayo hatuna budi kuyatazama kwa mapana yake hasa juu ya ushirikishwaji wa watu katika kuzipata katiba hizi.


Corporate Integration, Tax Treaties, And The Division Of The International Tax Base: Principles And Practices., Hugh J. Ault Dec 2011

Corporate Integration, Tax Treaties, And The Division Of The International Tax Base: Principles And Practices., Hugh J. Ault

Hugh J. Ault

In this Article, Professor Ault begins with an examination of the evolution of treaty principles for the allocation of and restrictions on international taxing jurisdiction. He then focuses on how economically based principles dealing with the taxation of international income affect treaty policy and presents the basic structural provisions involving the taxation of foreign income and foreign investors that emerge from domestically enacted or proposed integration systems. The technical aspects of the actual treaty practices that have been implemented with respect to integration systems are then related to the theoretical discussion. Professor Ault concludes with an examination of the implications …


Los Retos Del Derecho De Familia En El S. Xxi, Ramiro E. De Valdivia Cano Dec 2011

Los Retos Del Derecho De Familia En El S. Xxi, Ramiro E. De Valdivia Cano

Ramiro De Valdivia Cano

Oblivion of family and matrimony rights in Peru is the source of paramount social and political problems.


Confounding Identities: The Paradox Of Lgbt Children Under Asylum Law, Susan Hazeldean Dec 2011

Confounding Identities: The Paradox Of Lgbt Children Under Asylum Law, Susan Hazeldean

Faculty Scholarship

No abstract provided.


Sexuality Education, Eva Goldfarb, Norman A. Constantine Dec 2011

Sexuality Education, Eva Goldfarb, Norman A. Constantine

Department of Public Health Scholarship and Creative Works

Sexuality education comprises the lifelong intentional processes by which people learn about themselves and others as sexual, gendered beings from biological, psychological, and sociocultural perspectives. It takes place through a potentially wide range of programs and activities in schools, community settings, religious centers, as well as informally within families, among peers, and through electronic and other media. Sexuality education for adolescents occurs in the context of the biological, cognitive, and social-emotional developmental progressions and issues of adolescence. Formal sexuality education falls into two main categories: behavior change approaches, which are represented by abstinence-only and abstinence-plus models, and healthy sexual development …


State Of Alaska V. Native Village Of Tanana: Enhancing Tribal Power By Affirming Concurrent Tribal Jurisdiction To Initiate Icwa Defined Child Custody Proceedings, Both Inside And Outside Of Indian Country, Heather Kendall-Miller Dec 2011

State Of Alaska V. Native Village Of Tanana: Enhancing Tribal Power By Affirming Concurrent Tribal Jurisdiction To Initiate Icwa Defined Child Custody Proceedings, Both Inside And Outside Of Indian Country, Heather Kendall-Miller

Alaska Law Review

This Article provides an overview of the significant cases that have defined state-tribal relations in Alaska as related to Indian child proceedings and further discusses various policies that have been implemented over time. After outlining these cases and shifting policies, the Article examines the current state of the law in Alaska with a focus on State v. Native Village of Tanana, which clarified confusion regarding the inherent jurisdiction held by federally recognized Alaska Native tribes to initiate the Indian Child Welfare Act (ICWA)-defined child custody proceedings. Finally, the Article discusses those jurisdictional questions left unresolved by Tanana to be decided …


Domestic Relations, Barry B. Mcgough, Elinor H. Hitt Dec 2011

Domestic Relations, Barry B. Mcgough, Elinor H. Hitt

Mercer Law Review

This survey period' saw continued evolution of domestic relations law.2 Legislation passed during the 2010 and 2011 Regular Session of the Georgia General Assembly took effect during this survey period, and the Georgia Supreme Court continued to accept nonfrivolous appeals in divorce cases, which provide guidance to those interested in domestic relations law.


Electronic Contracts In Tanzania: An Appraisal Of The Legal Framework, Daudi Mwita Nyamaka Mr. Nov 2011

Electronic Contracts In Tanzania: An Appraisal Of The Legal Framework, Daudi Mwita Nyamaka Mr.

Daudi Mwita Nyamaka Mr.

The concern of our study was to examine the legal basis for electronic contracts in Tanzania. The major problems that were being examined are; the ascertainment of e-contract terms and the other party in the contract with the focus to consent i.e. consensus ad idem requirements and capacity to contract. With the first problem, e-commerce involves e-contracts and the business community in Tanzania enters into contractual arrangements with external world via websites or email in which case the electronic environment is not suitable in Tanzania in terms of the laws and the technology. Messages sent via internet may be garbled …


At War With The Environment, David A. Wirth Nov 2011

At War With The Environment, David A. Wirth

David A. Wirth

In this Article, Professor Wirth reviews the book National Defense and the Environment by Stephen Dycus, a recognized expert in both environmental and national security law. The emphasis of the book is on containing and remediating the environmental excesses of the American defense-industrial complex, with a domestic policy focus. While Professor Wirth considers Dycus’ work an intellectually rewarding and refreshing new entry into the ongoing environment-as-security colloquy, he does not consider the book to be accessible to a general audience given the book’s fundamentally legalistic nature.


Resolving Family Conflicts, Jana Singer, Jane Murphy Nov 2011

Resolving Family Conflicts, Jana Singer, Jane Murphy

Jana B. Singer

Over the past two decades, virtually all areas of family law have undergone major doctrinal and theoretical changes - from the definition of marriage, to the financial and parenting consequences of divorce, to the legal construction of parenthood. An equally important set of changes has transformed the resolution of family disputes. This 'paradigm shift' in family conflict resolution has reshaped the practice of family law and has fundamentally altered the way in which disputing families interact with the legal system. Moreover, the changes have important implications for the way that family law is understood and taught. This volume examines the …


Family Law: Cases, Text, Problems, 5th Edition, Ira Ellman, Paul Kurtz, Lois Weithorn, Brian Bix, Karen Czapanskiy, Maxine Eichner Nov 2011

Family Law: Cases, Text, Problems, 5th Edition, Ira Ellman, Paul Kurtz, Lois Weithorn, Brian Bix, Karen Czapanskiy, Maxine Eichner

Karen Czapanskiy

Family law is an interdisciplinary area, and the materials in this work reflect the numerous disciplines influencing this field of law. This book is policy-oriented, with non-legal social science featured in the extensive note materials to provide a rich and varied learning experience and a practice resource tool. Notes do more than call attention to difficult questions of legal doctrine and policy; they illuminate them.

The authors use a problem approach throughout, in addition to comprehensive case law sources. Problems provide an ideal mechanism for students to acquire the ability to apply legal rules to concrete fact patterns.


Consensual Amorous Relationships Between Faculty And Students: The Constitutional Right To Privacy, Elisabeth A. Keller Nov 2011

Consensual Amorous Relationships Between Faculty And Students: The Constitutional Right To Privacy, Elisabeth A. Keller

Elisabeth Keller

Surveys of college students in the United States revealed that a significant number of students thought they had been victims of some form of sexual harassment. Growing awareness of the magnitude, dimensions, and effects of sexual harassment at educational institutions and the potential for institutional liability have prompted educators to adopt policies to avert such problems. The policies typically prohibit sexual harassment of employees and students and alert the university community to the serious effects of sexual harassment and the potential for student exploitation. Some universities have gone beyond establishing regulations directed at widely litigated problems of sexual harassment and …


Consensual Amorous Relationships Between Faculty And Students: The Constitutional Right To Privacy, Elisabeth A. Keller Nov 2011

Consensual Amorous Relationships Between Faculty And Students: The Constitutional Right To Privacy, Elisabeth A. Keller

Elisabeth Keller

Surveys of college students in the United States revealed that a significant number of students thought they had been victims of some form of sexual harassment. Growing awareness of the magnitude, dimensions, and effects of sexual harassment at educational institutions and the potential for institutional liability have prompted educators to adopt policies to avert such problems. The policies typically prohibit sexual harassment of employees and students and alert the university community to the serious effects of sexual harassment and the potential for student exploitation. Some universities have gone beyond establishing regulations directed at widely litigated problems of sexual harassment and …


Professional Ethics In Interdisciplinary Collaboratives: Zeal, Paternalism And Mandated Reporting, Alexis Anderson, Lynn Barenberg, Paul R. Tremblay Nov 2011

Professional Ethics In Interdisciplinary Collaboratives: Zeal, Paternalism And Mandated Reporting, Alexis Anderson, Lynn Barenberg, Paul R. Tremblay

Paul R. Tremblay

In this Article, the authors, two clinical law teachers and a social worker teaching in the clinic, wrestle with some persistent questions that arise in cross-professional, interdisciplinary law practice. In the past decade much writing has praised the benefits of interdisciplinary legal practice, but many sympathetic skeptics have worried about the ethical implications of lawyers working with nonlawyers, such as social workers and mental health professionals. Those worries include the difference in advocacy stances between lawyers and other helping professionals, and the mandated reporting requirements that apply to helping professionals but usually not to lawyers. This Article addresses those concerns …


Criminalizing The Undocumented: Ironic Boundaries Of The Post-September 11th ‘Pale Of Law.’, Daniel Kanstroom Nov 2011

Criminalizing The Undocumented: Ironic Boundaries Of The Post-September 11th ‘Pale Of Law.’, Daniel Kanstroom

Daniel Kanstroom

The general hypothesis put forth in this Article is that well-accepted historical matrices are increasingly inadequate to address the complex issues raised by various U.S. government practices in the so-called “war on terrorism.” The Article describes certain stresses that have recently built upon two major legal dichotomies: the citizen/non-citizen and criminal/civil lines. Professor Kanstroom reviews the use of the citizen/non-citizen dichotomies as part of the post-September 11th enforcement regime and considers the increasing convergence between the immigration and criminal justice systems. Professor Kanstroom concludes by suggesting the potential emergence of a disturbing new legal system, which contains the worst features …


Family Law, Ronald R. Tweel, Elizabeth P. Coughter, Jason P. Seiden Nov 2011

Family Law, Ronald R. Tweel, Elizabeth P. Coughter, Jason P. Seiden

University of Richmond Law Review

No abstract provided.


Noción Y Elementos Existenciales Del Título De Crédito, Bruno L. Costantini García Oct 2011

Noción Y Elementos Existenciales Del Título De Crédito, Bruno L. Costantini García

Bruno L. Costantini García

Discernir la noción y elementos de existencia de los títulos de crédito, considerando la doctrina y la denominación expresada en nuestra Ley General de Títulos y Operaciones de Crédito, conceptualizando el término de los documentos que consignan un derecho crediticio propio de su naturaleza y deslindando de manera dogmatica y exegética los elementos que lo forman y le dan su funcionamiento, mediante una visión de las instituciones jurídicas que les dan su existencia y aplicación dentro del devenir de los actos de comercio.


Moderator, Questions Of Social Justice, Francine Sherman Oct 2011

Moderator, Questions Of Social Justice, Francine Sherman

Francine T. Sherman

No abstract provided.


Emerging Models For Alternatives To Marriage, Sanford N. Katz Oct 2011

Emerging Models For Alternatives To Marriage, Sanford N. Katz

Sanford N. Katz

Perhaps one of the most important changes in family law in the past thirty years has been the inclusion of certain kinds of friendships in the range of relationships from which rights and responsibilities can flow. Domestic partnership laws, a phenomenon of the 1990s, may be seen as a natural development from the judicial recognition of contract cohabitation and the legislative and judicial response to same-sex couples who, unable to meet statutory requirements for marriage, have sought official recognition of their relationships. This essay discusses an aspect of certain kinds of domestic partnership laws-their formal requirements and the extent to …


Marriage As Partnership, Sanford N. Katz Oct 2011

Marriage As Partnership, Sanford N. Katz

Sanford N. Katz

In this essay honoring Professor Mary Ann Glendon, the author discusses the contract of partnerships concept of marriage as it applies to antenuptial agreements, cohabitation contracts, and property settlement agreements, the three contexts about which Professor Glendon has written in her books The New Family and the New Property (1981) and The Transformation of Family Law (1996).


New Directions For Family Law In The United States, Sanford N. Katz Oct 2011

New Directions For Family Law In The United States, Sanford N. Katz

Sanford N. Katz

This article provides a survey of one major development in family law in the United States that has occurred during the most recent past. This development is the change that has occurred in marriage-like relationships. The article begins with a discussion of contract cohabitation and the extent to which it reflected a change from traditional views of formal or informal marriage as the only legally acceptable model for adults who desired to live together. It shows how contract cohabitation laid the groundwork for the establishment of domestic partnership laws. These laws were first adopted by municipalities and then by states …


Preserving The Family Through Change For The Sake Of Future Generations, Sanford N. Katz Oct 2011

Preserving The Family Through Change For The Sake Of Future Generations, Sanford N. Katz

Sanford N. Katz

Within the last fifty years, a transformation has taken place in American law. Before then, family relationships, like parent-child relationship, were clearly defined by biology or adoption. Marriage was defined by gender. Marriage certificates and birth certificates evidenced one's legal status. The transformation that has occurred was the legal recognition that took reality into account that relationships can develop without formalities. No longer can it be said that either one is in a certain status or one is not. Marriage-like relationships have been recognized, like civil unions, as well as de facto parenthood. American law has now recognized that marriage …


Reconsidering Spousal Privileges After Crawford, R. Michael Cassidy Oct 2011

Reconsidering Spousal Privileges After Crawford, R. Michael Cassidy

R. Michael Cassidy

In this article the author explores how domestic violence prevention efforts have been adversely impacted by the Supreme Court’s new “testimonial” approach to the confrontation clause. Examining the Court’s trilogy of cases from Crawford to Davis and Hammon, the author argues that the introduction of certain forms of hearsay in criminal cases has been drastically limited by the court’s new originalist approach to the Sixth Amendment. The author explains how state spousal privilege statutes often present a significant barrier to obtaining live testimony from victims of domestic violence. The author then argues that state legislatures should reconsider their spousal privilege …


Featured Speaker, The Legal Lives Of Girls, Francine Sherman Oct 2011

Featured Speaker, The Legal Lives Of Girls, Francine Sherman

Francine T. Sherman

No abstract provided.


Justicia Militar Y Derechos Humanos, Claudio Fuentes Maureira Oct 2011

Justicia Militar Y Derechos Humanos, Claudio Fuentes Maureira

Claudio Fuentes Maureira

En diciembre de 2010 se publicó una reforma a la justicia militar que excluyó a los civiles de su jurisdicción, lo que fue celebrado por el Gobierno como un significativo paso hacia la democratización de esta jurisdicción, la misma que le valió a Chile una condena internacional en 2005. No obstante, mantuvo la competencia de tribunales militares para conocer delitos cometidos por miembros de las Fuerzas Armadas y de Orden, lo cual sigue estando por debajo de los estándares que obligan a Chile. A ello se suma que aún está pendiente la reforma orgánica y procedimental de la justicia militar, …


The New Super-Charged Pat (Power Of Appointment Trust), Wendy G. Gerzog Oct 2011

The New Super-Charged Pat (Power Of Appointment Trust), Wendy G. Gerzog

All Faculty Scholarship

This article proposes to repeal the QTIP provisions in order to collect revenue now for transfers that are essentially transfers to third parties and not to the decedent's spouse. Because there are advantages of increased flexibility attendant to a QTIP as opposed to a PAT, this article proposes to take those repealed QTIP benefits and attach them to the PAT, which would greatly enhance that marital deduction trust form. A super-charged PAT would thereby be able to preserve the decedent's GST tax exemption (like a reverse QTIP), create a decedent's by-pass trust by allowing a PAT (or a partial PAT) …


A Child-Centered Response To The Elkins Family Law Task Force, Amy M. Pellman, Robert N. Jacobs, Dara K. Reiner Oct 2011

A Child-Centered Response To The Elkins Family Law Task Force, Amy M. Pellman, Robert N. Jacobs, Dara K. Reiner

William & Mary Bill of Rights Journal

In Elkins v. Superior Court, 163 P.3d 160 (Cal. 2007), California’s Supreme Court asked the Judicial Council to form a task force to make recommendations to increase “access to justice” in family court, because it was concerned about rules, policies, and procedures that put self-represented litigants at an unfair disadvantage in parentageand dissolution cases.

Neither the task force’s report in 2010 nor the legislation that the report inspired the same year addresses children’s due process rights, even though children ordinarily have no access to justice. This Article shows that due process sometimes requires the trial court to appoint counsel for …


Enforcing A Parent/Child Relationship At All Cost?: Supervised Access Orders In The Canadian Courts, Fiona Kelly Oct 2011

Enforcing A Parent/Child Relationship At All Cost?: Supervised Access Orders In The Canadian Courts, Fiona Kelly

Osgoode Hall Law Journal

Supervised access has become a key component of Canadian custody and access decision making in recent years, in large part due to a shift in attitudes towards post-separation contact between non-custodial parents, typically fathers, and their children. While the sole criterion upon which an access decision can be made is the “best interests of the child,” the increased emphasis on ensuring that children have “maximum contact” with each of their parents post-separation, and the particular focus on maintaining paternal contact, has meant that orders for “no access” have almost disappeared. In an effort to unpack the themes underlying supervised access …