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Articles 1 - 30 of 71
Full-Text Articles in Law
Genealogy Sites And Adoptions–Connecting Families Or Ruining Them?, Taylor Bialek
Genealogy Sites And Adoptions–Connecting Families Or Ruining Them?, Taylor Bialek
Touro Law Review
No abstract provided.
New York Mental Hygiene Law Article 81 Proceedings: A Proposal To Better Protect The Best Interests Of An Alleged Incapacitated Person, Casey Marsh
Touro Law Review
Guardianship proceedings under New York Mental Hygiene Law Article 81 are intended to protect the personal needs and property management of an alleged incapacitated person. A guardian appointed for a person is responsible for making decisions in line with the best interests and wishes of his or her ward. While guardians serve a very important purpose, the current procedures of guardianship proceedings allow too much room for family members to bring a proceeding without the alleged incapacitated person’s best interests in mind. Often, people bring guardianship proceedings to fish for information on family members or to circumvent a future Surrogate’s …
Monasky’S Totality Of Circumstances Is Vague – The Child’S Perspective Should Be The Main Test, Sabrina Salvi
Monasky’S Totality Of Circumstances Is Vague – The Child’S Perspective Should Be The Main Test, Sabrina Salvi
Touro Law Review
After decades of confusion, the Supreme Court ruled on child custody in an international setting in Monasky v. Taglieri, by attempting to establish the definition of a child’s “habitual residence.” The Court held that a child’s “residence in a particular country can be deemed ‘habitual, however, only when her residence there is more than transitory.’” Further, the Court stated that, ‘“[h]abitual’ implies customary, usual, of the nature of a habit.”’ However, the Supreme Court’s ruling remains unclear. The 1980 Hague Convention on the Civil Aspects of International Child Abduction (“HCCAICA” or “The Hague Convention”), which is adopted in ninety-eight …
End Of Life, Elder Abuse, And Guardianship: An Exploration Of New York’S Surrogate Decision-Making Framework, Tristan Sullivan-Wilson, Esq., Deirdre Lok, Esq., Joy Solomon, Esq.
End Of Life, Elder Abuse, And Guardianship: An Exploration Of New York’S Surrogate Decision-Making Framework, Tristan Sullivan-Wilson, Esq., Deirdre Lok, Esq., Joy Solomon, Esq.
Touro Law Review
The best end of life care is always that which aligns with the wishes and values of the incapacitated person. For individuals with the capacity to execute advance directives, these documents and conversations with appointed surrogates are the clearest way to make care values known. However, the time, access, and ability to engage in advance planning is not an opportunity equally afforded.For those without advance directives and now involved in a guardianship proceeding, the party petitioning or otherwise involved in the case should consider addressing end of life decision-making directly in the guardianship hearing when major medical decision-making power may …
Disposition Of Frozen Preembryos In The Case Of Divorce: New York Should Implement A Modified Mutual Contemporaneous Consent Approach, Kasey Bray
Touro Law Review
No abstract provided.
Charles Reich: Due Process In The Eye Of The Receiver, Harold Hongju Koh
Charles Reich: Due Process In The Eye Of The Receiver, Harold Hongju Koh
Touro Law Review
No abstract provided.
Bundle Of Joy: Why Same-Sex Married Couples Have A Constitutional Right To Enter Into Gestational Surrogacy Agreements, Benjamin H. Berman
Bundle Of Joy: Why Same-Sex Married Couples Have A Constitutional Right To Enter Into Gestational Surrogacy Agreements, Benjamin H. Berman
Touro Law Review
No abstract provided.
Who Gets The Pet In The Divorce? Examining A Standard For The New York Legislature To Adopt, Jared Sanders
Who Gets The Pet In The Divorce? Examining A Standard For The New York Legislature To Adopt, Jared Sanders
Touro Law Review
No abstract provided.
Unfit To Parent: American And Jewish Legal Perspectives, Michoel Zylberman, Karen K. Greenberg, Daniel Pollack
Unfit To Parent: American And Jewish Legal Perspectives, Michoel Zylberman, Karen K. Greenberg, Daniel Pollack
Touro Law Review
No abstract provided.
Chained Against Her Will: What A Get Means For Women Under Jewish Law, Michelle Kariyeva
Chained Against Her Will: What A Get Means For Women Under Jewish Law, Michelle Kariyeva
Touro Law Review
No abstract provided.
The “Legal Stranger” And Parent: A Love Story?, Kellie Mahoney
The “Legal Stranger” And Parent: A Love Story?, Kellie Mahoney
Touro Law Review
No abstract provided.
Unequal Protection: Examining The Judiciary’S Treatment Of Unwed Fathers, Brett Potash
Unequal Protection: Examining The Judiciary’S Treatment Of Unwed Fathers, Brett Potash
Touro Law Review
No abstract provided.
Why New York Should Legalize Surrogacy: A Comparison Of Surrogacy Legislation In Other States With Current Proposed Surrogacy Legislation In New York, Briana R. Iannacci
Why New York Should Legalize Surrogacy: A Comparison Of Surrogacy Legislation In Other States With Current Proposed Surrogacy Legislation In New York, Briana R. Iannacci
Touro Law Review
No abstract provided.
Redefining The Standard: Who Can Be A Person Legally Responsible For The Care Of A Child Under The Family Court Act?, Alexsis Gordon
Redefining The Standard: Who Can Be A Person Legally Responsible For The Care Of A Child Under The Family Court Act?, Alexsis Gordon
Touro Law Review
No abstract provided.
The Moral And Economic Advantages Of Raising The Age Of Criminal Responsibility In New York Among Juvenile Offenders, And Plans For Rehabilitation, Patrick Harty
Touro Law Review
No abstract provided.
Protecting Subject Children In Family Court And Beyond: The Necessity To Utilize Identical Confidentiality Measures Between Article 6 Lincoln Hearings And Article 10 Lincoln Hearings, Bradley Kaufman
Touro Law Review
No abstract provided.
Matter Of Anthony "S", Deborah A. Monastero
Matter Of Kevin M., Donna A. Napolitano
Using The Nfl As A Model? Considering Zero Tolerance In The Workplace For Batterers, Deseriee A. Kennedy
Using The Nfl As A Model? Considering Zero Tolerance In The Workplace For Batterers, Deseriee A. Kennedy
Scholarly Works
The impact of domestic violence can increasingly be felt in the workplace, and it can adversely affect the safety and productivity of employees. Legislators and employers have begun to recognize the effect of domestic violence on employment, and many have adopted policies to protect the interests of domestic violence survivors. This article suggests that wider adoption of domestic violence policies are needed and these policies should be broadened to directly address batterers in the workplace. The article argues that employer based sanctions would increase batterer accountability and workplace safety. It uses the newly revised NFL Personal Conduct Policy as a …
The Elimination Of Child "Custody" Litigation: Using Business Branding Techniques To Transform Social Behavior, Elena Langan
The Elimination Of Child "Custody" Litigation: Using Business Branding Techniques To Transform Social Behavior, Elena Langan
Scholarly Works
The promise of a less contentious divorce is a value proposition that most, if not all, would embrace. With the current trend in custody litigation that has resulted in nomenclature changes and revisions in custody standards, efforts to achieve that brand promise could benefit from implementation of business branding principles. In order to shift the focus away from 'winning custody' to a paradigm that promotes co-parenting and eschew labels, all of the participants in custody disputes, including lawyers and judges, but most importantly parents, must view the changes as providing a favorable benefit.
Rebranding concepts that focus on promoting an …
"I Plead The Fifth": New York's Integrated Domestic Violence Courts And The Defendant's Fifth Amendment Dilemma, Rhona Mae Amorado
"I Plead The Fifth": New York's Integrated Domestic Violence Courts And The Defendant's Fifth Amendment Dilemma, Rhona Mae Amorado
Touro Law Review
No abstract provided.
Family Court, Queens County, In The Matter Of Joseph G., Annette Thompson
Family Court, Queens County, In The Matter Of Joseph G., Annette Thompson
Touro Law Review
No abstract provided.
Lawrence V. Texas: The Decision And Its Implications For The Future, Martin A. Schwartz
Lawrence V. Texas: The Decision And Its Implications For The Future, Martin A. Schwartz
Touro Law Review
No abstract provided.
Appellate Division, Second Department, Langan V. St. Vincent's Hospital Of New York, Christin Harris
Appellate Division, Second Department, Langan V. St. Vincent's Hospital Of New York, Christin Harris
Touro Law Review
No abstract provided.
Supreme Court, Tompkins County, Seymour V. Holcomb, Jessica Goodwin
Supreme Court, Tompkins County, Seymour V. Holcomb, Jessica Goodwin
Touro Law Review
No abstract provided.
The Child Client: Representing Children In Child Protective Proceedings, Merril Sobie
The Child Client: Representing Children In Child Protective Proceedings, Merril Sobie
Touro Law Review
No abstract provided.
Court Of Appeals Of New York, Hernandez V. Robles, Gennaro Savastano
Court Of Appeals Of New York, Hernandez V. Robles, Gennaro Savastano
Touro Law Review
No abstract provided.
Supreme Court, Kings County, Wilson V. Kilkenny, James Dougherty
Supreme Court, Kings County, Wilson V. Kilkenny, James Dougherty
Touro Law Review
No abstract provided.
In Re Allers: A Display Of Progress, Not Perfection, In The Guardianship System, Melanie Rosen
In Re Allers: A Display Of Progress, Not Perfection, In The Guardianship System, Melanie Rosen
Touro Law Review
No abstract provided.
Faking Equity: A Critique Of The New York Equitable Distribution Statute As Applied To Licenses And Degrees Under The O'Brien Decision, Nicole Giannakis
Faking Equity: A Critique Of The New York Equitable Distribution Statute As Applied To Licenses And Degrees Under The O'Brien Decision, Nicole Giannakis
Touro Law Review
No abstract provided.