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Articles 1 - 10 of 10
Full-Text Articles in Law
Paedophilia: The Criminal Responsibility Of Canada's Churches, Dawn Russell
Paedophilia: The Criminal Responsibility Of Canada's Churches, Dawn Russell
Dalhousie Law Journal
In the last few years Canada's churches have been plagued by sexual abuse scandals from Newfoundland to British Columbia. Members of the clergy and of lay orders across the country have been charged with, and convicted of, criminal offences involving the physical and sexual abuse of children. Mediareports and television documentaries have emphasized the tremendous scope of the problem of clergy paedophilia, the seriousness of the harm done to the victims, and the irresponsible and sometimes heartless behaviour of church officials who received reports of such abuse. These stories have shocked the Canadian public and have given rise to a …
State-Interest Analysis And The Channelling Function In Family Law, Carl E. Schneider
State-Interest Analysis And The Channelling Function In Family Law, Carl E. Schneider
Articles
I want to develop some themes I advanced in my article entitled State-Interest Analysis in Fourteenth Amendment "Privacy" Law: An Essay on the Constitutionalization of Social issues. In that article I noted that while courts and commentators have lavished effort on the fundamental-rights side of privacy law, they have scanted the state-interest side, thereby producing crucial weaknesses in that law. I felt that state~interest discussions in privacy cases often seemed to me unsatisfying. This is an attempt to see why. A major difficulty is that states tend to advance and courts tend to accept quite narrow specifications of a statute's …
Religion And Child Custody, Carl E. Schneider
Religion And Child Custody, Carl E. Schneider
University of Michigan Journal of Law Reform
In this Essay, I want to reflect on some problems at the intersection of religion, law, and the family. Specifically, I will explore the ways courts may consider a parent's religiously motivated behavior in making decisions about the custody of children. More precisely still, I will ask two questions. First, may a court refuse to award custody because of a parent's religiously motivated behavior in a dispute between a natural mother and a natural father? Second, when should a court agree to resolve a dispute between divorced parents over the religious upbringing of their children? These are topics of quiet …
The Channelling Function In Family Law, Carl E. Schneider
The Channelling Function In Family Law, Carl E. Schneider
Articles
On an occasion such as this, we are called to step back from our daily work to seek what Justice Holmes called a "liberal view" of our subject. Today, I propose to do so by exploring a function of family law that I believe is basic, that underlies much of family law, that resonates with the deepest purposes of culture but that is rarely addressed expressly-namely, what I call the "channelling function." As I will soon explain at length, in the channelling function the law recruits, builds, shapes, sustains; and promotes social institutions. My exploration of this topic will have …
Minor Changes: Emancipating Children In Modem Times, Carol Sanger, Eleanor Willemsen
Minor Changes: Emancipating Children In Modem Times, Carol Sanger, Eleanor Willemsen
University of Michigan Journal of Law Reform
This Article reports on the use of still another mechanism for removing children in conflict with their parents: statutory emancipation, the process by which minors attain legal adulthood before reaching the age of majority. Statutorily emancipated minors can sign binding contracts, own property, keep their earnings, and disobey their parents. Although under eighteen, they are "considered as being over the age of majority" in most of their dealings with parents and third parties. Thus, while emancipated minors can sign contracts and stay out late, their adult status also means that their parents are no longer responsible for the minors' support. …
Protection And Custody Of Children In United States Immigration Court Proceedings, Judge J. Daniel Dowell, Judge Philip J. Montante Jr., Judge Ira Sandron, Judge Jose Simonet
Protection And Custody Of Children In United States Immigration Court Proceedings, Judge J. Daniel Dowell, Judge Philip J. Montante Jr., Judge Ira Sandron, Judge Jose Simonet
Nova Law Review
The grave consequences to an individual of an order expelling him
or her from the United States has long been recognized. Deportation
has been described by the Supreme Court as a "drastic measure and at
times the equivalent of banishment or exile.
Social Services Programs And Protection For Children And Youth: Control Who May Have Access To Records Concerning Child Abuse Reports, Carol Ann Hendry
Social Services Programs And Protection For Children And Youth: Control Who May Have Access To Records Concerning Child Abuse Reports, Carol Ann Hendry
Georgia State University Law Review
The Act changes who may have access to child abuse records and what information such persons may be given. The Act also repeals the clause indicating that records shall not be released if such release would cause loss of federal funds.
The Upc's New Survivorship And Antilapse Provisions, Edward C. Halbach Jr., Lawrence W. Waggoner
The Upc's New Survivorship And Antilapse Provisions, Edward C. Halbach Jr., Lawrence W. Waggoner
Articles
Law governing transfers of family property has long struggled with questions of survivorship in their many and varied forms. Important results can and regularly do turn on how such issues are resolved.
Wills, Trusts, And Administration Of Estates Year's Support: Change Determination Of Year's Support, Mary Mccall Cash
Wills, Trusts, And Administration Of Estates Year's Support: Change Determination Of Year's Support, Mary Mccall Cash
Georgia State University Law Review
The Act clarifies what sources of support the court may consider available to an applicant for year's support, as well as clarifying who has the burden of proof in showing the amount of support necessary. The Act also removes the former requirement that all debts of the estate be paid before an applicant can receive year's support for subsequent years.