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Articles 1 - 30 of 259
Full-Text Articles in Law
Penyelesaian Perkawinan Yang Tidak Memenuhi Syarat Perkawinan Melalui Isbath Nikah, Barzah Latupono
Penyelesaian Perkawinan Yang Tidak Memenuhi Syarat Perkawinan Melalui Isbath Nikah, Barzah Latupono
Jurnal Hukum & Pembangunan
Marriage is a spiritual bond between a woman and a man as husband and wife to form a happy and eternal family based on the Godhead. For that marriage must be done by fulfilling the rules of marriage law in accordance with applicable law. One of the requirements for a marriage is in accordance with Article 6 of the Marriage Law No. 1 of 1974 is: A person who is still bound by a marriage with another person cannot remarry except to fulfill the provisions of Article 3, (2) and article 4. If this point is not fulfilled, and the …
Intercountry Adoption: Testing Out The Child Before You Purchase Intensive Look At The Home Study And Placement Supervision Of Intercountry Adoption, Jessica Etienne Esq.
Intercountry Adoption: Testing Out The Child Before You Purchase Intensive Look At The Home Study And Placement Supervision Of Intercountry Adoption, Jessica Etienne Esq.
Child and Family Law Journal
No abstract provided.
Paternity And The Quasi-Marital Child, The Honorable Diana Tennis
Paternity And The Quasi-Marital Child, The Honorable Diana Tennis
Child and Family Law Journal
No abstract provided.
Protecting The Millennial Generation: Beyond The Scope Of The Internet, Alexandria Vasquez Esq.
Protecting The Millennial Generation: Beyond The Scope Of The Internet, Alexandria Vasquez Esq.
Child and Family Law Journal
No abstract provided.
The Human Right To A Fair Start In Life, Matthew Hamity Esq.
The Human Right To A Fair Start In Life, Matthew Hamity Esq.
Child and Family Law Journal
No abstract provided.
The Separation Of Migrant Families At The Border Under The Trump Administration’S Zero-Tolerance Policy: A Critical Analysis Of The Mistreatment Of Immigrant Children Held In U.S. Custody, Dhillon Ramkhelawan
The Separation Of Migrant Families At The Border Under The Trump Administration’S Zero-Tolerance Policy: A Critical Analysis Of The Mistreatment Of Immigrant Children Held In U.S. Custody, Dhillon Ramkhelawan
Child and Family Law Journal
This article provides a critical analysis of the Trump Administration’s zero-tolerance policy that separated migrant families at the Southwest United States border from April to June 2018. It will provide a statistical analysis regarding the number of migrant children that were separated from their parents during this time period, and it will describe the poor living conditions that many of these children were subjected to as they waited for their parent’s immigration cases to be decided. Additionally, this article will also critically analyze the United States’ history of mistreating migrant children who started to flee their war-torn countries in Central …
The Effects Of Forcible Separation And The Ramifications Involved In Using Genetic Testing To Reunite Immigrants At The Border, Thameshwarie Ghamandi
The Effects Of Forcible Separation And The Ramifications Involved In Using Genetic Testing To Reunite Immigrants At The Border, Thameshwarie Ghamandi
Child and Family Law Journal
No abstract provided.
Florida’S Domestic Violence Injunction: How Our Past Shapes Our Future, Bryan M. Truyol Esq.
Florida’S Domestic Violence Injunction: How Our Past Shapes Our Future, Bryan M. Truyol Esq.
Child and Family Law Journal
No abstract provided.
The Disconnect Between Family Law And Immigration Law In The Usa That Results In Undocumented Immigrants Losing Parental Rights, Mercedes Aznar, Sara Schechter
The Disconnect Between Family Law And Immigration Law In The Usa That Results In Undocumented Immigrants Losing Parental Rights, Mercedes Aznar, Sara Schechter
Publications and Research
Due to increasing violence in Latin American countries, the flow of immigrants seeking asylum in the United States has risen. In our research we look into possible legal consequences of the practice of separating immigrant families. Through the analysis of scholarly articles and legal documents we found that oftentimes, undocumented immigrants lose parental rights while being detained by the Immigration and Customs Enforcement (ICE), due to lack of coordination between Family Law and Immigration Law. Findings in this study reinforce the urgency to find solutions to this problem.
Neglecting Responsibilities: The Uniform Probate Code's Failure To Address Child Maltreatment And Poverty, Joshua Hamlet
Neglecting Responsibilities: The Uniform Probate Code's Failure To Address Child Maltreatment And Poverty, Joshua Hamlet
Journal of Law and Policy
When a child or adolescent passes away, parents are typically stricken with grief and unable to cope with the devastation. Unfortunately, the emotional toll is not the only challenge parents face. Some are forced to handle legal battles regarding the administration of their deceased child’s estate. Since the majority of children do not have a will, state adoptions of the Uniform Probate Code dictate what happens to the child’s estate during these tragedies. But what happens in the event these parents abused or neglected their child while that child was still living? While the Uniform Probate Code advises that these …
Parens Patriae And Parental Rights: When Should The State Override Parental Medical Decisions?, Elchanan G. Stern
Parens Patriae And Parental Rights: When Should The State Override Parental Medical Decisions?, Elchanan G. Stern
Journal of Law and Health
Alfie Evans was a terminally ill British child whose parents, clinging to hope, were desperately trying to save his life. Hospital authorities disagreed and petitioned the court to enjoin the parents from removing him and taking him elsewhere for treatment. The court stepped in and compelled the hospital to discontinue life support and claimed that further treatment was not in the child’s best interest. This note discusses the heartbreaking stories of Alfie and two other children whose parents’ medical decisions on their behalf were overridden by the court. It argues that courts should never decide that death is in a …
The Integrity Of Marriage, Kaiponanea T. Matsumura
The Integrity Of Marriage, Kaiponanea T. Matsumura
William & Mary Law Review
While the Supreme Court’s decision in Obergefell v. Hodges resolved a dispute about access to legal marriage, it also exposed a rift between the Justices about what rights, obligations, and social meanings marriage should entail. The majority opinion described marriage as a “unified whole” comprised of “essential attributes,” both legal and extralegal. The dissents, in contrast, were more skeptical about marriage’s inherent legal content. Justice Scalia, for instance, characterized marriage as a mere bundle of “civil consequences” attached to “whatever sexual attachments and living arrangements [the law] wishes.” This side debate has taken center stage in several recent disputes. In …
"In The Little World": Breaking Virginia's Foster-Care-To-Prison Pipeline Using Restorative Justice, Joanna R. Steele
"In The Little World": Breaking Virginia's Foster-Care-To-Prison Pipeline Using Restorative Justice, Joanna R. Steele
University of Richmond Law Review
This Comment proposes that integrating restorative justice conferencing into Virginia’s foster care system can help break its foster-care-to-prison pipeline. Part I details Virginia’s foster care system and the foster-care-to-prison pipeline. Part II reviews and explains how restorative conferencing in Glenmona, Northern Ireland’s equivalent foster care system correlates strongly with decreased incarceration of foster children. Part III outlines how Virginia can implement the same restorative conferencing in its foster care system and pioneer a program that could affect its foster-care-to-prison pipeline.
The Legal Design For Parenting Concussion Risk, Katharine B. Silbaugh
The Legal Design For Parenting Concussion Risk, Katharine B. Silbaugh
Faculty Scholarship
This Article addresses a question as yet unexplored in the emerging concussion risk literature: how does the statutorily assigned parental role in concussion risk management conceptualize the legal significance of the parent, and does it align with other areas of law that authorize and limit parental risk decision-making? Parents are the centerpiece of the “Lystedt” youth concussion legislation in all fifty states, and yet the extensive legal literature about that legislation contains no discussion of parents as legal actors and makes no effort to situate their statutory role into the larger legal framework of parental authority. This Article considers the …
Lawyers Weekly Newsmaker Reception : November 20, 2019, Roger Williams University School Of Law, Michael M. Bowden
Lawyers Weekly Newsmaker Reception : November 20, 2019, Roger Williams University School Of Law, Michael M. Bowden
School of Law Conferences, Lectures & Events
No abstract provided.
Procreative Autonomy In Gestational Surrogacy Contracts, Vanessa Nahigian
Procreative Autonomy In Gestational Surrogacy Contracts, Vanessa Nahigian
Loyola of Los Angeles Law Review
With the growing practice of gestational surrogacy, many women bear children with whom they have no genetic relationship, allowing intended parents to have children of their own when they are otherwise unable to do so. This practice, however, creates a ripple in the abortion debate. This Note addresses procreative autonomy in the context of gestational surrogacy agreements, examines the underlying constitutional interests at stake for each party involved, and suggests a solution to fill California’s current statutory void.
Prenatal Drug Exposure As Aggravated Circumstances, Frank E. Vandervort
Prenatal Drug Exposure As Aggravated Circumstances, Frank E. Vandervort
Articles
In Michigan, "a child has a legal right to begin life with sound mind and body." Yet the family court may not assert Juvenile Code jurisdiction until after birth. In re Baby X addressed the question of whether a parent's prenatal conduct may form the basis for jurisdiction upon birth. It held that a mother's drug use during pregnancy is neglect, allowing the court to assert jurisdiction immediately upon the child's birth. In deciding Baby X, the Court specifically reserved the question of whether parental drug use during pregnancy might be sufficient to permanently deprive a parent of custody. …
Inheritance Equity: Reforming The Inheritance Penalties Facing Children In Non-Traditional Families, Danaya C. Wright
Inheritance Equity: Reforming The Inheritance Penalties Facing Children In Non-Traditional Families, Danaya C. Wright
Danaya C. Wright
This Article examines how more than 50% of children living today may be disadvantaged by 1950s era inheritance laws that privilege and protect only those children living in nuclear families with their biological parents. Because so many children today are living in blended families — single-parent families, lesbian, gay, bisexual, transgender, or queer/questioning (LGBTQ) families, or are living with relatives — their right to inherit from the persons who function as their parents are severely limited by most state probate codes, even though they would likely be entitled to child support under the parent-child definitions of most of those states' …
Untying The Knot: An Analysis Of The English Divorce And Matrimonial Causes Court Records, 1858-1866, Danaya C. Wright
Untying The Knot: An Analysis Of The English Divorce And Matrimonial Causes Court Records, 1858-1866, Danaya C. Wright
Danaya C. Wright
Historians of Anglo-American family law consider 1857 as a turning point in the development of modern family law and the first big step in the breakdown of coverture and the recognition of women's legal rights. In 1857, The United Kingdom Parliament ("Parliament") created a new civil court to handle all divorce and matrimonial causes, removing the jurisdiction of: the ecclesiastical courts over marital validity; the Chancery over custody of children and separate estates; the royal courts over marital property; and Parliament over full divorce. The new Divorce and Matrimonial Causes Court, a wing of the admiralty and probate courts, would …
Expanding Third-Party Standing In Custody Actions: How The Opioid Crisis Has Impacted Lgbtq Parental Rights In Pennsylvania, Jill C. Gorman
Expanding Third-Party Standing In Custody Actions: How The Opioid Crisis Has Impacted Lgbtq Parental Rights In Pennsylvania, Jill C. Gorman
Dickinson Law Review (2017-Present)
Declared a public health emergency by the federal government, the opioid crisis often places children in foster care when parents fatally succumb to their addictions. To unburden the foster care system and to accommodate family members who want to care for these children, Pennsylvania enacted Act No. 21 on July 3, 2018, to expand custody standing to include certain third parties. However, because the legislature has not expanded the legal definition of “parent,” Act No. 21 poses a threat to the legal rights of nonbiological LGBTQ parents.
This Comment begins by explaining how the opioid crisis motivated the Pennsylvania legislature …
Pregnant People?, Jessica A. Clarke
Pregnant People?, Jessica A. Clarke
Vanderbilt Law School Faculty Publications
In their article Unsexing Pregnancy, David Fontana and Naomi Schoenbaum undertake the important project of disentangling the social aspects of pregnancy from those that relate to a pregnant woman’s body. They argue that the law should stop treating the types of work either parent can do — such as purchasing a car seat, finding a pediatrician, or choosing a daycare — as exclusively the domain of the pregnant woman. The project’s primary aim is to undermine legal rules that assume a gendered division of labor in which men are breadwinners and women are caretakers. But Fontana and Schoenbaum argue their …
More Uplifting Singapore Story Needed To Boost Baby Confidence, Tan K. B. Eugene
More Uplifting Singapore Story Needed To Boost Baby Confidence, Tan K. B. Eugene
Research Collection Yong Pung How School Of Law
In a commentary, SMU Associate Professor of Law Eugene Tan discussed the reasons why Singaporean couples have consistently preferred to have few children since the 1970s. He opined that there is a need to have a discussion of how the prevailing traits and narrative of Singapore might have created a climate where young couples choose to have fewer children, and to have a more uplifting Singapore story as well as promote gender equality to boost baby confidence.
Pelaksanaan Corporate Social Responsibility Dan Zakat Perusahaan Perbankan Syari’Ah Di Madura, Erie Hariyanto, Mohammad Ali Al Humaidy
Pelaksanaan Corporate Social Responsibility Dan Zakat Perusahaan Perbankan Syari’Ah Di Madura, Erie Hariyanto, Mohammad Ali Al Humaidy
Jurnal Hukum & Pembangunan
Corporate Social Responsibility and corporate zakat programs are two instruments for distributing with social responsibility funds that both have a legal basis, namely Law No.40 of 2007 concerning with Limited Liability Companies and company zakat, Law No.23 of 2011 concerning Zakat Management. In general, zakat and CSR contain the same vision and mission, namely concern for the overall social condition. Particularly, the life of the community is related to the welfare, security and peace of the people. The present study uses qualitative methods. The results of the research are Firstly, Bank BPRS Bhakti Sumekar Sumenep has form of Sharia Business …
Table Of Contents, Seattle University Law Review
Table Of Contents, Seattle University Law Review
Seattle University Law Review
No abstract provided.
Family Law's Coldest War: The Battle For Frozen Embryos And The Need For A Statutory White Flag, Mary Joy Dingler
Family Law's Coldest War: The Battle For Frozen Embryos And The Need For A Statutory White Flag, Mary Joy Dingler
Seattle University Law Review
Without concrete legislative guidance, courts are left to a variety of unsatisfactory methods of determining the disposition of frozen embryos in dissolutions and custody disputes. Beginning in 1992, courts have been issuing problematic rulings that are reached through the application of three approaches: (1) the balancing-interests test; (2) the contemporaneous mutual consent approach; and (3) the contractual approach. These approaches are examined in this Comment through the lens of selected cases and the largely inequitable outcomes for parties are critiqued. Courts even lament the lack of statutory guidance in deciding these disputes but are resigned to employing these largely flawed, …
Commentary On Marriage Grants: Article Iii & Same-Sex Marriage, Neal Devins, Tara Leigh Grove
Commentary On Marriage Grants: Article Iii & Same-Sex Marriage, Neal Devins, Tara Leigh Grove
Tara L. Grove
No abstract provided.
Constitutional Dilemmas: Defense Of Marriage Act (Doma), Neal Devins, Tara Leigh Grove
Constitutional Dilemmas: Defense Of Marriage Act (Doma), Neal Devins, Tara Leigh Grove
Tara L. Grove
No abstract provided.
Whatever Your Thoughts On Marriage, Gay Divorce Is A Concern, Nathan B. Oman
Whatever Your Thoughts On Marriage, Gay Divorce Is A Concern, Nathan B. Oman
Nathan B. Oman
No abstract provided.
Burke Triumphs Over Jefferson In New York Same-Sex Marriage Decision, Nathan B. Oman
Burke Triumphs Over Jefferson In New York Same-Sex Marriage Decision, Nathan B. Oman
Nathan B. Oman
No abstract provided.
Bargaining In The Shadow Of God's Law: Islamic Mahr Contracts And The Perils Of Legal Specialization, Nathan B. Oman
Bargaining In The Shadow Of God's Law: Islamic Mahr Contracts And The Perils Of Legal Specialization, Nathan B. Oman
Nathan B. Oman
No abstract provided.