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 …

The Legal And Practical Aspects Of Atm's In Tanzania, Daudi Mwita Nyamaka Mr.

Daudi Mwita Nyamaka Mr.

The concern of our study was to examine the legal and practical aspects of ATMs in Tanzania. The major problems that were being examined are; the 24 hours operation on ATMs vis-à-vis system failure or error and the system of one bank allowing cardholders of another bank to use its ATMs. With the first problem, all banks in Tanzania with ATMs have attractive advertisements to customers that affirm sufficient services in any time of the day but in reality, the machines usually fail to respond the instructions of the cardholder regardless the fact that the cardholder inserts the card and …

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 …

Cuarto Congreso Nacional De Organismos Públicos Autónomos, Bruno L. Costantini García

Bruno L. Costantini García

Memorias del Cuarto Congreso Nacional de Organismos Públicos Autónomos

"El papel de los Organismos Públicos Autónomos en la Consolidación de la Democracia"

Inheritance Law, Marcis Liors Skadmanis

Marcis Liors Skadmanis Mr.

Latvia's inheritance laws affect everyone who owns property in Latvia. The main laws are: The Constitution of the Republic of Latvia, Civil Law, Notary law; Civil Procedure Law; Law On Orphan's Courts; Land Register Law and Immigration Law and acts of the Cabinet of Ministers.

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.

Gay Marriage: The Issue, James M. Donovan

James M. Donovan

Comment in response to Bob Ostertag, "Why Gay Marriage Is the Wrong Issue," Flagpole, January 14, 2009.

Slightly different version available online at http://flagpole.com/Weekly/Comment/GayMarriageTheIssue.11Feb09

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.

Table 3. Causes Of Negative V. Causes Of Positive Impacts Of Tncs, Irina Feofanova

Irina Feofanova

Appendices to COMBATING OF CHILD LABOR IN AGRICULTURE: CRITICISM OF EXISTING STANDARDS AND ROLE OF TRANSNATIONAL CORPORATIONS.

Table 2. International Standards Of Child Labor In Agriculture, Irina Feofanova

Irina Feofanova

APPENDICES for COMBATING OF CHILD LABOR IN AGRICULTURE: CRITICISM OF EXISTING STANDARDS AND ROLE OF TRANSNATIONAL CORPORATIONS.

Table 1 Causes And Effects Of Child Labor In Agriculture, Irina Feofanova

Irina Feofanova

Appendices for COMBATING OF CHILD LABOR IN AGRICULTURE: CRITICISM OF EXISTING STANDARDS AND ROLE OF TRANSNATIONAL CORPORATIONS

Table 4. Ethical Practices Of Tncs: Failures Or Success, Irina Feofanova

Irina Feofanova

Appendices to COMBATING OF CHILD LABOR IN AGRICULTURE: CRITICISM OF EXISTING STANDARDS AND ROLE OF TRANSNATIONAL CORPORATIONS.

Combating Of Child Labor In Agriculture: Criticism Of Existing Standards And Role Of Transnational Corporations, Irina Feofanova

Irina Feofanova

According to International Labour Organization (ILO) statistics, more than 70 percent of all child laborers work in agriculture. From tending cattle, harvesting crops, to handling machinery or holding flags to guide planes spraying pesticides, more than 132 million girls and boys, aged 5 to 14, help produce much of the food and drink people consume, as well as fibers and primary agricultural materials. ILO also notes that, of course, the numbers vary from country to country but it is estimated that at least 90 percent of economically active children in rural areas in developing countries are working in agriculture. However, …

Solidaridad, Justicia Y Economía Política, Ramiro De Valdivia Cano

Ramiro De Valdivia Cano

El crecimiento económico y los indicadores macroeconómicos no necesariamente coinciden con el desarrollo integral. El Derecho y la política deben priorizar el bien común. Benedicto XVI hace una acertada descripción de las necesidades de justicia y caridad en el mundo, en su Encíclica sobre Caridad y Verdad.

How Embedded Knowledge Structures Affect Judicial Decision Making: An Analysis Of Metaphor, Narrative, And Imagination In Child Custody Disputes, Linda L. Berger

Linda L. Berger

We live in a time of radically changing conceptions of family and of the relationships possible between children and parents. Though undergoing “a sea-change,” family law remains tethered to culturally embedded stories and symbols. While so bound, family law will fail to serve individual families and a society whose family structures diverge sharply by education, race, class, and income. This article advances a critical rhetorical analysis of the interaction of metaphor and narrative within the specific context of child custody disputes. Its goal is to begin to examine how these embedded knowledge structures affect judicial decision making generally; more specifically, …

Price And Pretense In The Baby Market, Kimberly D. Krawiec

Kimberly D. Krawiec

Throughout the world, baby selling is formally prohibited. And throughout the world babies are bought and sold each day. As demonstrated in this Essay, the legal baby trade is a global market in which prospective parents pay, scores of intermediaries profit, and the demand for children is clearly differentiated by age, race, special needs, and other consumer preferences, with prices ranging from zero to over one hundred thousand dollars. Yet legal regimes and policymakers around the world pretend that the baby market does not exist, most notably through prohibitions against “baby selling” – typically defined as a prohibition against the …

Clitoridectomy And The Economics Of Islamic Marriage And Divorce Law - Ryan M Riegg - 2009, Ryan M. Riegg

Ryan M. Riegg

No abstract provided.