Law Commons^™

Gestational Surrogacy And The Health Care Provider: Put Part Of The "Ivf Genie" Back Into The Bottle, Karen H. Rothenberg

Karen H. Rothenberg

No abstract provided.

For Both Love And Money: Viviana Zelizer's "The Purchase Of Intimacy", Martha M. Ertman

Martha M. Ertman

Viviana Zelizer’s recent book, The Purchase of Intimacy (2005) presents an innovative theory of how social and legal actors negotiate rights and obligations when money changes hands in intimate relationships--a perspective that could change how we understand many things, from valuations of homemaking labor to the 9/11 Victim Compensation Fund. This essay describes Zelizer’s critique of the reductionist “Hostile Worlds” and “Nothing But” approaches to economic exchange in intimate relationships, then explains her more three-dimensional approach, “Connected Lives.” While Zelizer focuses on family law, the essay goes beyond that context, extending Zelizer’s approach to transfers of genetic material, and concluding …

Community Based Divorce Education Programmes: Short-Term And Longer-Term Impacts, Sherrill W. Hayes, Lori Pelletier

Sherrill W. Hayes

Prostitution Destroys Families, Anonymous In Providence, Donna M. Hughes Dr.

Donna M. Hughes

Re-Inventing The Pyramid: A Process For Teaching And Learning In Mediation Courses, John Wade

John Wade

This article describes an orthodox teaching and learning process known as the pyramid. It sets out how this basic process can be used in mediation (and other) training courses. The variations, advantages, and disadvantages of this learning procedure are described. Analogies are drawn between the pyramid method and mediation. Finally, mediators are challenged to add this process and its variations to their repertoires both as trainers and as mediators.

Forever Bargaining In The Shadow Of The Law - Who Sells Solid Shadows? (Who Advises What, How And When?), John Wade

John Wade

Extract: Mediators, lawyers and other skilled helpers normally exhort disputants to obtain “independent legal advice” before or after entering into negotiations. This article attempts to demystify and catalogue the concept of “legal advice” particularly in family disputes. Such a catalogue of in-formation and advice quickly raises a series of questions: • How much of this information and advice is actually made available at present? • How much information is necessary or helpful? • In what manner, form and language should such advice be given? • By whom should such advice be given? • How much of this information is within …

Paternidades Negadas: Aplicación Del Enfoque De Género A Las Normas De Investigación De Paternidad Extramatrimonial., Beatriz Ramirez

Beatriz Ramirez

El trabajo analiza las normas de control de la sexualidad presentes en las normas de filiacion extramatrimonial.

For Both Love And Money: Viviana Zelizer's "The Purchase Of Intimacy", Martha M. Ertman

Martha M. Ertman

Viviana Zelizer’s recent book, The Purchase of Intimacy (2005) presents an innovative theory of how social and legal actors negotiate rights and obligations when money changes hands in intimate relationships--a perspective that could change how we understand many things, from valuations of homemaking labor to the 9/11 Victim Compensation Fund. This essay describes Zelizer’s critique of the reductionist “Hostile Worlds” and “Nothing But” approaches to economic exchange in intimate relationships, then explains her more three-dimensional approach, “Connected Lives.” While Zelizer focuses on family law, the essay goes beyond that context, extending Zelizer’s approach to transfers of genetic material, and concluding …

Dispute Resolution And The Post-Divorce Family: Implications Of A Paradigm Shift, Jana B. Singer

Jana B. Singer

Over the past two decades, there has been a paradigm shift in the way the legal system handles most family disputes – particularly disputes involving children. This paradigm shift has replaced the law-oriented and judge-focused model of adjudication with a more collaborative, interdisciplinary and forward-looking family dispute resolution regime. It has also transformed the practice of family law and fundamentally altered the way in which disputing families interact with the legal system. This essay examines the elements of this paradigm shift in family dispute resolution and explores the opportunities and challenges it offers for families, children and the legal system.

Alimony And Efficiency: The Gendered Costs And Benefits Of Economic Justification For Alimony, Jana B. Singer

Jana B. Singer

No abstract provided.

A Dissent On Joint Custody, Jana B. Singer, William L. Reynolds

William L. Reynolds

No abstract provided.

Divorce Reform And Gender Justice, Jana B. Singer

Jana B. Singer

The modern shift from fault-based to no-fault divorce has disappointed those who expected the no-fault system to eliminate economic inequality between divorced women and men. The fact that women and their dependent children invariably experience economic hardship after a divorce has caused Lenore Weitzman and other commentators to romanticize the "good old days" of fault-based divorce. Professor Singer attacks the logic of this nostalgia by demonstrating that women were 'not[' better off under the fault-based system. She then proposes an investment partnership model of post-divorce allocation which would insure a fair result for both spouses.

Adoption, Identity, And The Constitution: The Case For Opening Closed Records, Naomi R. Cahn, Jana B. Singer

Jana B. Singer

No abstract provided.

Divorce Obligations And Bankruptcy Discharge: Rethinking The Support/Property Distinction, Jana B. Singer

Jana B. Singer

The Bankruptcy Code currently divides divorce-related obligations into two categories: awards or agreements in the nature of support are non-dischargeable; obligations arising from property divisions can be discharged in the same manner as ordinary commercial debts. Because recent developments in family law have undermined the support/property distinction and because privately negotiated divorce agreements often fail to distinguish between payments intended to serve as support and those intended to distribute property, the Code's reliance on this classification often leads to confusion and hardship for divorce obligees. In addition, because of the rise of equitable distribution as the dominant method of allocating …

Juristocracy In The Trenches: Problem-Solving Judges And The Therapeutic Jurisprudence In Drug Treatment Courts And Unified Family Courts, Richard C. Boldt, Jana B. Singer

Jana B. Singer

This article explores the role of judges on two types of “problem-solving courts”: drug treatment courts and unified family courts. It compares the behavior these “problem-solving” judges to more traditional models of judicial behavior and to activist judging at the appellate level. The authors conclude that the judges who serve on these problem-solving courts have largely repudiated the classical judicial virtues of restraint, disinterest and modesty in favor of a more activist and therapeutic stance. However, the causes and consequences of this role-shift are complex. In particular, the authors suggest that the proliferation of problem solving courts and judges is …

Introduction, Laurence Boulle, Bobette Wolski

Bobette Wolski

This issue of the Bond Law Review is devoted to developments in alternative dispute resolution (ADR) in international perspective.

Australian Marriage Law From A Biblical Perspective, Neil J. Foster

Neil J Foster

This paper discusses aspects of the Australian law of marriage from a Biblical perspective. It concludes that the definition of marriage in the law of Australia is quite consistent with the definition adopted by the Bible, and also discusses how Christians ought to view marriage under the law of Australia.

Pulling The Trigger: Separation Violence As The Basis For Battered Women, Marisa Cianciarulo, Dr. Cladia David

Marisa S. Cianciarulo

Maria Elena fears for her life. For years she has lived under the rule of a despot intent on maintaining absolute control of his realm. As a member of a historically oppressed tribe with few political rights, Maria Elena is a prime target for the dictator’s calculated methods of maintaining control. He has randomly imprisoned, tortured, beaten, and threatened to kill Maria Elena over a period of several years. The torture is worse when Maria Elena takes any action that challenges the despot’s absolute authority.

In this scenario, the classic refugee described above would apply for refugee protection in the …

A Commentary On The Old Saw That Same-Sex Marriage Threatens Civilization, Ronald L. Steiner

Ronald L. Steiner

Discussions of same-sex marriage frequently entertain the notion that civilization is somehow at stake were a society to award legal sanction to it, and to gay rights more generally. Typically, those who express concern for negative civilizational consequences have in mind Western civilization, and more specifically Christian civilization. This civilizational concern will often be amplified by the implication that opposite-sex, or opposite-sex monogamous marriage is a timeless human universal. Any other marital regime is presumed to be an aberration, most likely the result of grave moral depravity of a sort supposedly facilitated by the modern rights-based society. This chapter subjects …

The Debt Financing Of Parenthood, Melissa B. Jacoby

Melissa B. Jacoby

In this contribution to the symposium Show Me the Money: Making Markets in Forbidden Exchange, I explore an under-appreciated participant in the assisted reproduction and adoption industries: consumer lenders. Through fertility clinics and other service providers, financial institutions market and distribute loans specifically to finance acquisition of treatments, drugs, and human eggs. Adoption foundations and agencies advertise for-profit loans to intended parents, while small foundations offer adoption loans that appear to be low-cost financially but may condition loan approval on intended parent characteristics such as religious observance, marital status, sexual orientation, and adherence to traditional gender roles. After discussing how …

Lgbt Elder Law: Toward Equity In Aging, Nancy J. Knauer

Nancy J. Knauer

At a time when LGBT individuals enjoy an unprecedented degree of social acceptance and legal protection, many LGBT elders face the daily challenges of aging isolated from family, detached from the larger LGBT community, and ignored by mainstream aging initiatives. The corrosive legacy of the pre-Stonewall views of homosexuality makes many LGBT elders reluctant to declare themselves and demand equal treatment from policy makers and health care providers. As a result, they are denied the basic dignity of being able to share their memories of a life well lived without fear of rejection and reprisal. The concerns of LGBT elders …

Behavioral Economic Issues In American & Islamic Marriage & Divorce Law, Ryan M. Riegg

Ryan M. Riegg

Reframing The Response: Girls In The Juvenile Justice System And Domestic Violence, Francine Sherman

Francine T. Sherman

This article provides an overview of the role gender plays in juvenile justice processing. It reviews national data on girls’ arrest patterns and links those patterns to girls’ underlying needs and trauma histories. The article then focuses on the increase in arrests of girls for domestic assaults and describes the experience of Washoe County, Nevada, where girls were detained disproportionately for domestic battery as a result of a mandatory detention law. The article goes on to describe Nevada’s successful effort to amend that law to increase discretion and mandate family services and the resulting improvements in services to girls experiencing …

The Rights Of Women And Role Of Superior Judiciary In Pakistan With Special Reference To Family Law Case From 2004-2008, Muhammad Munir Dr.

Dr. Muhammad Munir

Granting and protecting the rights of women in the domain of family law remains one of the most important areas of legislation in Pakistan. The role of judiciary is vital to ensure that the rights of women are protected because decisions of the superior judiciary are binding on the lower courts under the doctrine of precedent. This work focuses on cases decided by the superior judiciary in Pakistan over the period of five years to know the various remedies sought by helpless women. This article finds that legislation in the area of family law protects women to a greater degree …

Las Aplicaciones Indebidas De Los Conceptos De Negocio Jurídico En El Código Civil Peruano De 1984 Luego De 25 Años De Su Vigencia, Rómulo Morales

Rómulo Martín Morales Hervias

Durante la vigencia del Código Civil peruano de 1984, la normativa general denominada “Acto Jurídico” ha sido utilizada inadecuadamente por la doctrina, la jurisprudencia y la praxis. En este artículo se señalan varios ejemplos

Impact Of Social Issues On Public Sector Employees: Research Summary And Implications For Workplace Conflict Professionals, Sherrill W. Hayes

Sherrill W. Hayes