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Articles 991 - 1020 of 39935

Full-Text Articles in Law

Diagnosing Liberal Resistance To Needed Child Welfare Reforms, James G. Dwyer Sep 2019

Diagnosing Liberal Resistance To Needed Child Welfare Reforms, James G. Dwyer

James G. Dwyer

No abstract provided.


Equality Between Adults And Children: Its Meaning, Implications, And Opposition, James G. Dwyer Sep 2019

Equality Between Adults And Children: Its Meaning, Implications, And Opposition, James G. Dwyer

James G. Dwyer

Family law scholars have devoted much attention to equality among groups of adults and some attention to equality between groups of children. There has been little exploration, however, of the notion of equality between adults and children. In this Article, I first explain what it means at a basic, theoretical level to speak of such equality. I then identify some practical implications. Finally, I consider why there is great resistance to many practical implications of children's equality, even among those who would consider themselves advocates for child welfare.


Constitutional Birthright: The State, Parentage, And The Rights Of Newborn Persons, James G. Dwyer Sep 2019

Constitutional Birthright: The State, Parentage, And The Rights Of Newborn Persons, James G. Dwyer

James G. Dwyer

State parentage laws, dictating who a newborn child's first legal parents will be, have been the subject of constitutional challenges in several U.S. Supreme Court and many lower court decisions. All of those decisions, however, have focused on constitutional rights of adults (especially unwed biological fathers) who wish to become, or to avoid becoming, legal parents. Neither courts nor legal scholars have considered whether the children have any constitutional rights that constrain legislatures and courts in deciding which adults will be their legal parents. If a state enacted a parentage law that said, for example, that any child born to …


Children's Interests In A Family Context - A Cautionary Note, James G. Dwyer Sep 2019

Children's Interests In A Family Context - A Cautionary Note, James G. Dwyer

James G. Dwyer

No abstract provided.


Book Review Of The Child Cases: How America's Religious Exemption Laws Harm Children, James G. Dwyer Sep 2019

Book Review Of The Child Cases: How America's Religious Exemption Laws Harm Children, James G. Dwyer

James G. Dwyer

No abstract provided.


Book Review Of The Best Interests Of The Child In Healthcare, James G. Dwyer Sep 2019

Book Review Of The Best Interests Of The Child In Healthcare, James G. Dwyer

James G. Dwyer

No abstract provided.


A Child-Centered Approach To Parentage Law, James G. Dwyer Sep 2019

A Child-Centered Approach To Parentage Law, James G. Dwyer

James G. Dwyer

No abstract provided.


A Child-Centered View Of Foster Parenting By Same-Sex Couples, James G. Dwyer Sep 2019

A Child-Centered View Of Foster Parenting By Same-Sex Couples, James G. Dwyer

James G. Dwyer

No abstract provided.


A Taxonomy Of Children's Existing Rights In State Decision Making About Their Relationships, James G. Dwyer Sep 2019

A Taxonomy Of Children's Existing Rights In State Decision Making About Their Relationships, James G. Dwyer

James G. Dwyer

No abstract provided.


The Natural Property Rights Straitjacket: The Takings Clause, Taxation, And Excessive Rigidity, Eric Kades Sep 2019

The Natural Property Rights Straitjacket: The Takings Clause, Taxation, And Excessive Rigidity, Eric Kades

Eric A. Kades

Natural property rights theories have become the primary lens through which conservative jurists and scholars view the Constitution’s main property rights provision, the Takings Clause. One of their most striking arguments is that progressive income taxation — applying higher tax rates to higher incomes — is an unconstitutional taking of wealthy taxpayers’ property. This has become part and parcel of well-established battle lines between conservative property rights advocates and their liberal counterparts. What has gone unnoticed is that the very same argument deployed against progressive taxation also deems regressive taxation — applying lower tax rates to higher incomes — an …


Windfalls, Eric Kades Sep 2019

Windfalls, Eric Kades

Eric A. Kades

No abstract provided.


The Laws Of Complexity & The Complexity Of Laws: The Implications Of Computational Complexity Theory For The Law, Eric Kades Sep 2019

The Laws Of Complexity & The Complexity Of Laws: The Implications Of Computational Complexity Theory For The Law, Eric Kades

Eric A. Kades

No abstract provided.


Professor Stephen H. Schulman, Peter J. Henning, Eric Kades Sep 2019

Professor Stephen H. Schulman, Peter J. Henning, Eric Kades

Eric A. Kades

No abstract provided.


The End Of The Hudson Valley's Peculiar Institution: The Anti-Rent Movement's Politics, Social Relations, & Economics, Eric Kades Sep 2019

The End Of The Hudson Valley's Peculiar Institution: The Anti-Rent Movement's Politics, Social Relations, & Economics, Eric Kades

Eric A. Kades

No abstract provided.


Of Piketty And Perpetuities: Dynastic Wealth In The Twenty-First Century (And Beyond), Eric Kades Sep 2019

Of Piketty And Perpetuities: Dynastic Wealth In The Twenty-First Century (And Beyond), Eric Kades

Eric A. Kades

For the first time since independence, in a nation founded in large part on the rejection of a fixed nobility determined by birth and perpetuated by inheritance, America is paving the way for the creation of dynastic family wealth. Abolition of the Rule Against Perpetuities in over half the states along with sharp reductions in, and likely elimination of, the federal estate tax mean that there soon will be no obstacles to creating large pools of dynastic wealth insuring lavish incomes to heirs for generations without end. The timing of these legal changes could hardly be worse. Marshaling innovative economic …


Giving Credit Where Credit Is Due: Reducing Inequality With A Progressive State Tax Credit, Eric Kades Sep 2019

Giving Credit Where Credit Is Due: Reducing Inequality With A Progressive State Tax Credit, Eric Kades

Eric A. Kades

No abstract provided.


Preserving A Precious Resource: Rationalizing The Use Of Antibiotics, Eric Kades Sep 2019

Preserving A Precious Resource: Rationalizing The Use Of Antibiotics, Eric Kades

Eric A. Kades

No abstract provided.


Avoiding Takings “Accidents”: A Torts Perspective On Takings Law, Eric Kades Sep 2019

Avoiding Takings “Accidents”: A Torts Perspective On Takings Law, Eric Kades

Eric A. Kades

Viewing the Takings Clause of the Fifth Amendment as a form of insurance appeals to our intuition. The government, like fire, does not often "take" property, but when faced with extraordinary risk property owners naturally desire compensation. Recent scholarship, however, has dissolved the attractiveness of this perspective. This literature, through economic analysis, claims that the Takings Clause should be repealed and replaced with private takings insurance. This is the "no-compensation" result. This article argues that the insurance-based understanding of the just compensation requirement can be preserved without reaching the surprising no-compensation result. The intuitive appeal of understanding the Takings Clause …


A Windfall For The Magnates: The Development Of Woodland Ownership In Denmark, Eric Kades Sep 2019

A Windfall For The Magnates: The Development Of Woodland Ownership In Denmark, Eric Kades

Eric A. Kades

No abstract provided.


A Progressive Federal Tax Credit For State Tax Payments, Eric Kades Sep 2019

A Progressive Federal Tax Credit For State Tax Payments, Eric Kades

Eric A. Kades

No abstract provided.


Foreword: Property Rights And Economic Development, Eric Kades Sep 2019

Foreword: Property Rights And Economic Development, Eric Kades

Eric A. Kades

No abstract provided.


Freezing The Company Charter, Eric Kades Sep 2019

Freezing The Company Charter, Eric Kades

Eric A. Kades

When legislatures alter corporate, partnership, and other business entity statutes, they simultaneously amend the governing document of all entities of that type formed within the jurisdiction. In many circumstances these business entities may wish to retain existing rules for internal governance. This Article offers a novel tool for firms wishing to so manage their own legal transitions: the "charter freeze." A freeze provision in the company charter declares that future (non-mandatory) changes in relevant statutes have no effect on the firm. Owners may affirmatively adopt the new rules, but choose to exercise complete control over their adoption vel non of …


Drawing The Line Between Taxes And Takings: The Continuous Burdens Principle, And Its Broader Application, Eric Kades Sep 2019

Drawing The Line Between Taxes And Takings: The Continuous Burdens Principle, And Its Broader Application, Eric Kades

Eric A. Kades

No abstract provided.


Why States Should Ban Adolescent Driving (Cont'd), Vivian E. Hamilton Sep 2019

Why States Should Ban Adolescent Driving (Cont'd), Vivian E. Hamilton

Vivian E. Hamilton

No abstract provided.


Will Marriage Promotion Work?, Vivian E. Hamilton Sep 2019

Will Marriage Promotion Work?, Vivian E. Hamilton

Vivian E. Hamilton

No abstract provided.


The Age Of Marital Capacity: Reconsidering Civil Recognition Of Adolescent Marriage, Vivian E. Hamilton Sep 2019

The Age Of Marital Capacity: Reconsidering Civil Recognition Of Adolescent Marriage, Vivian E. Hamilton

Vivian E. Hamilton

Age at marriage has for decades been the strongest and most unequivocal predictor of marital failure. The likelihood of divorce nears eighty percent for those who marry in mid-adolescence, then drops steadily. Delaying marriage until the mid-twenties reduces one’s likelihood of divorce to thirty percent. Women who marry at age twenty-one or younger, moreover – and one in ten U.S. women do – experience worse mental and physical health, attain less education, and earn lower wages than those who marry later. Post-divorce, they and their children tend to endure even greater economic deprivation and instability than do never-married mothers, who …


Why We Should Raise The Marriage Age, Vivian E. Hamilton Sep 2019

Why We Should Raise The Marriage Age, Vivian E. Hamilton

Vivian E. Hamilton

No abstract provided.


Principles Of U.S. Family Law, Vivian E. Hamilton Sep 2019

Principles Of U.S. Family Law, Vivian E. Hamilton

Vivian E. Hamilton

What explains U.S. family law? What are the origins of the current chaos and controversy in the field, the home of some of the most vituperative debates in public policy? To answer these questions, this Article identifies and examines family law's foundational principles. It undertakes a conceptual analysis of the legal practices that govern families. This analysis has yet to be done, and its absence hamstrings constructive thought on our family law. The Article develops a typology that conceptualizes U.S. family law and exposes its underlying principles. First, it identifies the significant elements, or rules, of family law. Second, it …


Why States Should Ban Adolescent Driving, Vivian E. Hamilton Sep 2019

Why States Should Ban Adolescent Driving, Vivian E. Hamilton

Vivian E. Hamilton

No abstract provided.


Symposium Introduction: The Religion Clauses In The 21st Century, William P. Marshall, Vivian E. Hamilton, John E. Taylor Sep 2019

Symposium Introduction: The Religion Clauses In The 21st Century, William P. Marshall, Vivian E. Hamilton, John E. Taylor

Vivian E. Hamilton

No abstract provided.