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Articles 1 - 30 of 66
Full-Text Articles in Law
Corporate Integration, Tax Treaties, And The Division Of The International Tax Base: Principles And Practices., Hugh J. Ault
Corporate Integration, Tax Treaties, And The Division Of The International Tax Base: Principles And Practices., Hugh J. Ault
Hugh J. Ault
In this Article, Professor Ault begins with an examination of the evolution of treaty principles for the allocation of and restrictions on international taxing jurisdiction. He then focuses on how economically based principles dealing with the taxation of international income affect treaty policy and presents the basic structural provisions involving the taxation of foreign income and foreign investors that emerge from domestically enacted or proposed integration systems. The technical aspects of the actual treaty practices that have been implemented with respect to integration systems are then related to the theoretical discussion. Professor Ault concludes with an examination of the implications …
At War With The Environment, David A. Wirth
At War With The Environment, David A. Wirth
David A. Wirth
In this Article, Professor Wirth reviews the book National Defense and the Environment by Stephen Dycus, a recognized expert in both environmental and national security law. The emphasis of the book is on containing and remediating the environmental excesses of the American defense-industrial complex, with a domestic policy focus. While Professor Wirth considers Dycus’ work an intellectually rewarding and refreshing new entry into the ongoing environment-as-security colloquy, he does not consider the book to be accessible to a general audience given the book’s fundamentally legalistic nature.
Resolving Family Conflicts, Jana Singer, Jane Murphy
Resolving Family Conflicts, Jana Singer, Jane Murphy
Jana B. Singer
Over the past two decades, virtually all areas of family law have undergone major doctrinal and theoretical changes - from the definition of marriage, to the financial and parenting consequences of divorce, to the legal construction of parenthood. An equally important set of changes has transformed the resolution of family disputes. This 'paradigm shift' in family conflict resolution has reshaped the practice of family law and has fundamentally altered the way in which disputing families interact with the legal system. Moreover, the changes have important implications for the way that family law is understood and taught. This volume examines the …
Family Law: Cases, Text, Problems, 5th Edition, Ira Ellman, Paul Kurtz, Lois Weithorn, Brian Bix, Karen Czapanskiy, Maxine Eichner
Family Law: Cases, Text, Problems, 5th Edition, Ira Ellman, Paul Kurtz, Lois Weithorn, Brian Bix, Karen Czapanskiy, Maxine Eichner
Karen Czapanskiy
Family law is an interdisciplinary area, and the materials in this work reflect the numerous disciplines influencing this field of law. This book is policy-oriented, with non-legal social science featured in the extensive note materials to provide a rich and varied learning experience and a practice resource tool. Notes do more than call attention to difficult questions of legal doctrine and policy; they illuminate them.
The authors use a problem approach throughout, in addition to comprehensive case law sources. Problems provide an ideal mechanism for students to acquire the ability to apply legal rules to concrete fact patterns.
Consensual Amorous Relationships Between Faculty And Students: The Constitutional Right To Privacy, Elisabeth A. Keller
Consensual Amorous Relationships Between Faculty And Students: The Constitutional Right To Privacy, Elisabeth A. Keller
Elisabeth Keller
Surveys of college students in the United States revealed that a significant number of students thought they had been victims of some form of sexual harassment. Growing awareness of the magnitude, dimensions, and effects of sexual harassment at educational institutions and the potential for institutional liability have prompted educators to adopt policies to avert such problems. The policies typically prohibit sexual harassment of employees and students and alert the university community to the serious effects of sexual harassment and the potential for student exploitation. Some universities have gone beyond establishing regulations directed at widely litigated problems of sexual harassment and …
Consensual Amorous Relationships Between Faculty And Students: The Constitutional Right To Privacy, Elisabeth A. Keller
Consensual Amorous Relationships Between Faculty And Students: The Constitutional Right To Privacy, Elisabeth A. Keller
Elisabeth Keller
Surveys of college students in the United States revealed that a significant number of students thought they had been victims of some form of sexual harassment. Growing awareness of the magnitude, dimensions, and effects of sexual harassment at educational institutions and the potential for institutional liability have prompted educators to adopt policies to avert such problems. The policies typically prohibit sexual harassment of employees and students and alert the university community to the serious effects of sexual harassment and the potential for student exploitation. Some universities have gone beyond establishing regulations directed at widely litigated problems of sexual harassment and …
Professional Ethics In Interdisciplinary Collaboratives: Zeal, Paternalism And Mandated Reporting, Alexis Anderson, Lynn Barenberg, Paul R. Tremblay
Professional Ethics In Interdisciplinary Collaboratives: Zeal, Paternalism And Mandated Reporting, Alexis Anderson, Lynn Barenberg, Paul R. Tremblay
Paul R. Tremblay
In this Article, the authors, two clinical law teachers and a social worker teaching in the clinic, wrestle with some persistent questions that arise in cross-professional, interdisciplinary law practice. In the past decade much writing has praised the benefits of interdisciplinary legal practice, but many sympathetic skeptics have worried about the ethical implications of lawyers working with nonlawyers, such as social workers and mental health professionals. Those worries include the difference in advocacy stances between lawyers and other helping professionals, and the mandated reporting requirements that apply to helping professionals but usually not to lawyers. This Article addresses those concerns …
Criminalizing The Undocumented: Ironic Boundaries Of The Post-September 11th ‘Pale Of Law.’, Daniel Kanstroom
Criminalizing The Undocumented: Ironic Boundaries Of The Post-September 11th ‘Pale Of Law.’, Daniel Kanstroom
Daniel Kanstroom
The general hypothesis put forth in this Article is that well-accepted historical matrices are increasingly inadequate to address the complex issues raised by various U.S. government practices in the so-called “war on terrorism.” The Article describes certain stresses that have recently built upon two major legal dichotomies: the citizen/non-citizen and criminal/civil lines. Professor Kanstroom reviews the use of the citizen/non-citizen dichotomies as part of the post-September 11th enforcement regime and considers the increasing convergence between the immigration and criminal justice systems. Professor Kanstroom concludes by suggesting the potential emergence of a disturbing new legal system, which contains the worst features …
Moderator, Questions Of Social Justice, Francine Sherman
Moderator, Questions Of Social Justice, Francine Sherman
Francine T. Sherman
No abstract provided.
Emerging Models For Alternatives To Marriage, Sanford N. Katz
Emerging Models For Alternatives To Marriage, Sanford N. Katz
Sanford N. Katz
Perhaps one of the most important changes in family law in the past thirty years has been the inclusion of certain kinds of friendships in the range of relationships from which rights and responsibilities can flow. Domestic partnership laws, a phenomenon of the 1990s, may be seen as a natural development from the judicial recognition of contract cohabitation and the legislative and judicial response to same-sex couples who, unable to meet statutory requirements for marriage, have sought official recognition of their relationships. This essay discusses an aspect of certain kinds of domestic partnership laws-their formal requirements and the extent to …
Marriage As Partnership, Sanford N. Katz
Marriage As Partnership, Sanford N. Katz
Sanford N. Katz
In this essay honoring Professor Mary Ann Glendon, the author discusses the contract of partnerships concept of marriage as it applies to antenuptial agreements, cohabitation contracts, and property settlement agreements, the three contexts about which Professor Glendon has written in her books The New Family and the New Property (1981) and The Transformation of Family Law (1996).
New Directions For Family Law In The United States, Sanford N. Katz
New Directions For Family Law In The United States, Sanford N. Katz
Sanford N. Katz
This article provides a survey of one major development in family law in the United States that has occurred during the most recent past. This development is the change that has occurred in marriage-like relationships. The article begins with a discussion of contract cohabitation and the extent to which it reflected a change from traditional views of formal or informal marriage as the only legally acceptable model for adults who desired to live together. It shows how contract cohabitation laid the groundwork for the establishment of domestic partnership laws. These laws were first adopted by municipalities and then by states …
Preserving The Family Through Change For The Sake Of Future Generations, Sanford N. Katz
Preserving The Family Through Change For The Sake Of Future Generations, Sanford N. Katz
Sanford N. Katz
Within the last fifty years, a transformation has taken place in American law. Before then, family relationships, like parent-child relationship, were clearly defined by biology or adoption. Marriage was defined by gender. Marriage certificates and birth certificates evidenced one's legal status. The transformation that has occurred was the legal recognition that took reality into account that relationships can develop without formalities. No longer can it be said that either one is in a certain status or one is not. Marriage-like relationships have been recognized, like civil unions, as well as de facto parenthood. American law has now recognized that marriage …
Reconsidering Spousal Privileges After Crawford, R. Michael Cassidy
Reconsidering Spousal Privileges After Crawford, R. Michael Cassidy
R. Michael Cassidy
In this article the author explores how domestic violence prevention efforts have been adversely impacted by the Supreme Court’s new “testimonial” approach to the confrontation clause. Examining the Court’s trilogy of cases from Crawford to Davis and Hammon, the author argues that the introduction of certain forms of hearsay in criminal cases has been drastically limited by the court’s new originalist approach to the Sixth Amendment. The author explains how state spousal privilege statutes often present a significant barrier to obtaining live testimony from victims of domestic violence. The author then argues that state legislatures should reconsider their spousal privilege …
Featured Speaker, The Legal Lives Of Girls, Francine Sherman
Featured Speaker, The Legal Lives Of Girls, Francine Sherman
Francine T. Sherman
No abstract provided.
Back To The Drawing Board: Barriers To Joint Decision-Making In Custody Cases Involving Intimate Partner Violence, Dana Harrington Conner
Back To The Drawing Board: Barriers To Joint Decision-Making In Custody Cases Involving Intimate Partner Violence, Dana Harrington Conner
Dana Harrington Conner
For survivors of intimate partner violence, custody is, without question, one of the most important issues addressed by our legal system. For battered women, the court’s decision regarding their children is critical. As a result, legal scholars have examined, in depth, the value of sole custody awards in favor of battered women, as well as the dangers of joint custody. To that end, this Article considers, beyond the obvious risks of physical harm, why joint legal custody is not a viable alternative to sole legal custody in cases involving intimate partner violence. In addition, by de-constructing the fundamental aspects of …
Fiduciary Relationships Are Not Contracts, Scott Fitzgibbon
Fiduciary Relationships Are Not Contracts, Scott Fitzgibbon
Scott T. FitzGibbon
No abstract provided.
Procreative Justice And The Recognition Of Marriage, Scott T. Fitzgibbon
Procreative Justice And The Recognition Of Marriage, Scott T. Fitzgibbon
Scott T. FitzGibbon
This paper proposes that fully procreatively just affiliations -– the ones which satisfy the criteria developed here -- deserve special support and recognition. It proposes that procreative justice requires such recognition. This paper proposes that it is unjust to conflate and revise the usual categories so as to confuse procreatively just affiliations with other forms. It discusses the harm that ensues.
"Just Like Little Dogs": The Law Should Speak With Veracity And Respect, Scott T. Fitzgibbon
"Just Like Little Dogs": The Law Should Speak With Veracity And Respect, Scott T. Fitzgibbon
Scott T. FitzGibbon
This article proposes veracity and respect as basic guides for law. It thus supplements dominant lines of thought which emphasize instrumentalist criteria such as promoting efficiency, maximizing utility, and deterring and remedying harm. This article proposes that it is a great good for a judge, a legislator, and all who speak as the law to exercise the virtue of veracity and to speak with respect, and that it is especially bad in the case of such legal officers to depart from those practices. It points out some implications for family law.
The Protection Of Civilians In War: Non-Combatant Immunity In Islamic Law War, Muhammad Munir Dr.
The Protection Of Civilians In War: Non-Combatant Immunity In Islamic Law War, Muhammad Munir Dr.
Dr. Muhammad Munir
Islamic law makes a distinction between combatants (those who fight) and non-combatants (those who do not fight) and allows fighting with the former and protection to the latter. The Prophet (PBUH) and his four successors have been issuing instructions to their armies against the killing of civilians. Modern Orientalists rely on Khudduri who has relied on Tabari and who in turn has relied on Waqidi to present a very distorted version of Islamic jus in bello. The work critically evaluates Tabari’s methodology.
Identifying Sperm And Egg Donors: Opening Pandora’S Box, Mary Kate Kearney
Identifying Sperm And Egg Donors: Opening Pandora’S Box, Mary Kate Kearney
Mary Kate Kearney
No abstract provided.
El Manejo De La Incertidumbre Judicial: La Construcción De La Duda Razonable En El Sistema Procesal Penal / Management Of Judicial Uncertainty: The Construction Of The Reasonable Doubt Standard Under The Criminal Procedure System, Claudio Fuentes Maureira
El Manejo De La Incertidumbre Judicial: La Construcción De La Duda Razonable En El Sistema Procesal Penal / Management Of Judicial Uncertainty: The Construction Of The Reasonable Doubt Standard Under The Criminal Procedure System, Claudio Fuentes Maureira
Claudio Fuentes Maureira
The Chilean criminal procedure reform introduced to the Chilean legal culture many foreign institutions. In every case the idea behind it was to change specific behaviours of the old system. One of these institutions was the concept or idea of the standard of proof, mainly the introduction in article 340 of the current Code of Criminal Procedure of the beyond reasonable doubt standard.
The paper explores, ten years after the adoption of the new system, how the the tribunals have understood and incorporated this concept, and specifically the beyond reasonable doubt standard. In terms of methodology the paper focuses, in …
Children Of Divorce: A Thirty-One Year Retrospective, Robert Spector
Children Of Divorce: A Thirty-One Year Retrospective, Robert Spector
Robert G. Spector
No abstract provided.
Children And Family Law: A Practitioner's Resource Guide, Jennifer Stevenson Prilliman
Children And Family Law: A Practitioner's Resource Guide, Jennifer Stevenson Prilliman
Jennifer S. Prilliman
No abstract provided.
Realidad De Los Regímenes Patrimoniales Del Matrimonio, Enrique Varsi Dr.
Realidad De Los Regímenes Patrimoniales Del Matrimonio, Enrique Varsi Dr.
Enrique Varsi Rospigliosi
No abstract provided.
Comentarios Acerca De La Reforma De La Ley De Paternidad Extramatrimonial, Enrique Varsi Dr.
Comentarios Acerca De La Reforma De La Ley De Paternidad Extramatrimonial, Enrique Varsi Dr.
Enrique Varsi Rospigliosi
No abstract provided.
Demagogia E Inacción Estatal. Derechos Fundamentales Y La Carga De La Prueba En Los Procesos De Declaración Judicial De Paternidad Extramatrimonial., Beatriz Ramirez
Demagogia E Inacción Estatal. Derechos Fundamentales Y La Carga De La Prueba En Los Procesos De Declaración Judicial De Paternidad Extramatrimonial., Beatriz Ramirez
Beatriz Ramirez
Reforma De La Ley Que Regula El Proceso De Filiación Extramatrimonial, Enrique Varsi Dr.
Reforma De La Ley Que Regula El Proceso De Filiación Extramatrimonial, Enrique Varsi Dr.
Enrique Varsi Rospigliosi
No abstract provided.
Disposición De Fondos De Cuentas Bancarias De Menores De Edad, Enrique Varsi Dr.
Disposición De Fondos De Cuentas Bancarias De Menores De Edad, Enrique Varsi Dr.
Enrique Varsi Rospigliosi
No abstract provided.
Juvenile And Family Violence Issues, April Meldrum
Juvenile And Family Violence Issues, April Meldrum
April Carroll Meldrum
No abstract provided.