Open Access. Powered by Scholars. Published by Universities.®
- Keyword
-
- International Law (2)
- Bogeyman (1)
- Child neglect (1)
- Child protection (1)
- Child protective services (1)
-
- Comparative Law (1)
- Conflict of Laws (1)
- Constitutional Law (1)
- Courts (1)
- Customary law (1)
- Domestic Relations (1)
- Family law (1)
- Foster care (1)
- Free-range kids (1)
- Human Rights Law (1)
- Indigenous law (1)
- Iraq (1)
- Islamic Law (1)
- Judges (1)
- Judicial Independence (1)
- Jurisdiction (1)
- Juveniles (1)
- Law and Economics (1)
- Legal pluralism (1)
- Non-state legal systems (1)
- Parental autonomy (1)
- Parental rights (1)
- Public Law and Legal Theory (1)
- Shari'a (1)
Articles 1 - 3 of 3
Full-Text Articles in Law
Fearing The Bogeyman: How The Legal System's Overreaction To Perceived Danger Threatens Families And Children, David Pimentel
Fearing The Bogeyman: How The Legal System's Overreaction To Perceived Danger Threatens Families And Children, David Pimentel
David Pimentel
In the last generation, American parenting norms have shifted dramatically, reflecting a near obsession with child safety and especially the risk of stranger abduction. A growing body of literature shows, however, that the threats to children are more imagined than real, and that the effort to protect children from these “bogeymen” may be doing more harm than good. Advocates of “Free-Range” parenting argue that giving children a long leash can help them learn responsibility, explore the world outside, get physical exercise, and develop self-sufficiency. But the State, usually acting through Child Protective Services (CPS), is likely to second-guess parents’ judgments …
Judicial Independence In Post-Conflict Iraq: Establishing The Rule Of Law In An Islamic Constitutional Democracy, David Pimentel, Brian Anderson
Judicial Independence In Post-Conflict Iraq: Establishing The Rule Of Law In An Islamic Constitutional Democracy, David Pimentel, Brian Anderson
David Pimentel
Contemporary Iraq is facing the full range of challenges that come with post-conflict transitional justice, including “paving the road toward peace and reconciliation” and establishing a functional state, characterized by the Rule of Law. Prospects for the establishment of an independent judiciary in Iraq are obstructed by a number of factors, including (1) how to apply the explicit recognition of the law of Islam in the Iraqi Constitution, (2) the inability to pass legislation on the Federal Courts of Iraq, leaving several provisions of the Iraqi Constitution unimplemented, and other critical elements of judicial independence unaddressed, including provisions for tenure, …
Legal Pluralism In Post-Colonial Africa: Linking Statutory And Customary Adjudication In Mozambique, David Pimentel
Legal Pluralism In Post-Colonial Africa: Linking Statutory And Customary Adjudication In Mozambique, David Pimentel
David Pimentel
Legal pluralism is a contemporary reality and a challenge in most post-colonial African states, as they grapple with how to preserve the cultural heritage reflected in their customary law and institutions, while attempting to function as modern constitutional regimes. Few of them have found structural solutions for linkages between and mutual co-existence of multiple legal regimes within the same state. The policy that will drive the establishment of proper linkages must be approached with an eye to what the purpose of preserving a legally pluralistic regime, distinguishing the motivations of many—colonists in the past, and political opportunists today—who have exploited …