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Full-Text Articles in Law

The Custody Of Children, Robert C. Brown Dec 2012

The Custody Of Children, Robert C. Brown

Dr Robert Brown

No abstract provided.


Cases Of The Law Of Persons And Domestic Relations, By William E. Mccurdy, Robert C. Brown Dec 2012

Cases Of The Law Of Persons And Domestic Relations, By William E. Mccurdy, Robert C. Brown

Dr Robert Brown

No abstract provided.


The Law Of Persons And Of Domestic Relations, By Epaphroditus Peck, Robert Brown Dec 2012

The Law Of Persons And Of Domestic Relations, By Epaphroditus Peck, Robert Brown

Dr Robert Brown

No abstract provided.


Handbook Of The Law Of Persons And Domestic Relations. By Joseph W. Madden, Robert C. Brown Dec 2012

Handbook Of The Law Of Persons And Domestic Relations. By Joseph W. Madden, Robert C. Brown

Dr Robert Brown

No abstract provided.


Duress And Fraud As Grounds For The Annulment Of Marriage, Robert C. Brown Dec 2012

Duress And Fraud As Grounds For The Annulment Of Marriage, Robert C. Brown

Dr Robert Brown

No abstract provided.


Virtual Parentalism, Joshua A.T. Fairfield Dec 2012

Virtual Parentalism, Joshua A.T. Fairfield

Joshua A.T. Fairfield

Parents, not Laws, ultimately protect children both online and offline. If legislation places adults at legal risk because of the presence of children in virtual worlds, adults will exit those worlds, and children will be isolated into separate spaces. This will not improve safety for children. Instead, this Article suggests that Congress enact measures that encourage filtering technology and parental tools that will both protect children in virtual worlds, and protectfree speech online.


North Carolina's Uniform Premarital Agreement Act: A Contract Perspective, Richard A. Lord Dec 2012

North Carolina's Uniform Premarital Agreement Act: A Contract Perspective, Richard A. Lord

Richard A. Lord

This Article will explore the likely impact the Uniform Premarital Agreement Act will have in North Carolina from a contractual perspective. First, the Article provides a thumbnail overview of the Act's provisions. Then, the Article considers the effect of the Act on North Carolina law and practice. Finally, the Article explores some of the more important and basic practical problems caused by the Act and suggests tentative solutions.


Injunctions Against The Opening Of Gas Storage Facilities, Jorge E. De Hoyos Walther Dec 2012

Injunctions Against The Opening Of Gas Storage Facilities, Jorge E. De Hoyos Walther

Jorge E De Hoyos Walther

A recent decision from the Mexican Supreme Court, clarified the issued as to whether State Courts may issued injunctions against the opening of gas storage facilities related to the gas pipelines for the distribution of natural gas.


The Reactionary Road To Free Love: How Doma, State Marriage Amendments And Social Conservatives Undermine Traditional Marriage, Scott Titshaw Dec 2012

The Reactionary Road To Free Love: How Doma, State Marriage Amendments And Social Conservatives Undermine Traditional Marriage, Scott Titshaw

Scott Titshaw

Much has been written about the possible effects on different-sex marriage of legally recognizing same-sex marriage. This article looks at the defense of marriage from a different angle: It shows how rejecting same-sex marriage results in political compromise and the proliferation of “marriage light” alternatives (e.g., civil unions, domestic partnerships, or reciprocal beneficiaries) that undermine the unique status of marriage for everyone. In the process, it examines several aspects of the marriage debate in detail. After describing the flexibility of marriage as it has evolved over time, the article focuses on recent state constitutional amendments attempting to stop further development. …


Interdictos En Contra De Contruccion De Ductos De Distribucion De Gas Natural., Jorge E. De Hoyos Walther Nov 2012

Interdictos En Contra De Contruccion De Ductos De Distribucion De Gas Natural., Jorge E. De Hoyos Walther

Jorge E De Hoyos Walther

Se analiza la más reciente jurisprudencia de la SCJN, referente a los interdictos en contra de construcción de ductos para la distribución de gas natural.


Criminal Defense Advice: Why Do Lawyers Defend The Guilty?, William Thies Nov 2012

Criminal Defense Advice: Why Do Lawyers Defend The Guilty?, William Thies

William Thies

Criminal Law is not the easiest legal matter to discuss. When discussing the topic, many questions surface from concerned clients and observers of society. Interestingly, many individuals become uncomfortable with the laws that allow solicitors to defend the guilty.


Panelist, Stop The Pipeline To Prison: Create Educational Opportunities, Jobs And Wealth, Francine Sherman Nov 2012

Panelist, Stop The Pipeline To Prison: Create Educational Opportunities, Jobs And Wealth, Francine Sherman

Francine T. Sherman

No abstract provided.


Deeper Meaning Of Equal Protection, Scott Fitzgibbon Nov 2012

Deeper Meaning Of Equal Protection, Scott Fitzgibbon

Scott T. FitzGibbon

No abstract provided.


Collaboration And Coercion: Domestic Violence Meets Collaborative Law, Margaret B. Drew Oct 2012

Collaboration And Coercion: Domestic Violence Meets Collaborative Law, Margaret B. Drew

Margaret B Drew

‘Collaboration and Coercion’ addresses the systemic and individual concerns that arise when family members that have experienced abuse enter into the collaborative law process. A form of alternative dispute resolution, collaborative law is a method of resolving disputes without engagement of the legal system. The author addresses the structural and cultural difficulties that survivors of abuse encounter throughout the process as well as the ethical concerns that are raised when collaborative practitioners accept cases where the parties have a history of coercion within the intimate relationship.


Foundational Myths And The Reality Of Dependency: The Role Of Marriage , Ann Shalleck Oct 2012

Foundational Myths And The Reality Of Dependency: The Role Of Marriage , Ann Shalleck

Ann Shalleck

No abstract provided.


Roe V. Wade And The Dred Scott Decision: Justice Scalia's Peculiar Analogy In Planned Parenthood V. Casey, Jamin B. Raskin Oct 2012

Roe V. Wade And The Dred Scott Decision: Justice Scalia's Peculiar Analogy In Planned Parenthood V. Casey, Jamin B. Raskin

Jamin Raskin

No abstract provided.


A Case Study On Burying Alive Of Two Women In Balochistan, Sohail Ahmed Ansari Advocate Oct 2012

A Case Study On Burying Alive Of Two Women In Balochistan, Sohail Ahmed Ansari Advocate

Sohail Ahmed Ansari Advocate

Violence against women is present in a variety of forms in Pakistan. From domestic abuse & sexual harassment to child marriages and honour killing; a range of anti-women atrocities are carried out. Pakistani women face systematic discrimination from the day they are born. The patriarchal mindset of society refuses to recognize them as human beings deserving of equality, human rights and justice. Unfortunately in some parts of Balochistan a brutal custom of justice prevails; where the women are treated as trading objects. They are being tried without hearing their cause. They are not allowed to plea their case. They are …


The Marital Home: Equal Or Equitable Distribution?, Martha F. Davis Sep 2012

The Marital Home: Equal Or Equitable Distribution?, Martha F. Davis

Martha F. Davis

No abstract provided.


Ain't I A Parent?: Exclusion Of Kinship Caregivers From The Debate Over Expansions Of Parenthood., Sacha M. Coupet Aug 2012

Ain't I A Parent?: Exclusion Of Kinship Caregivers From The Debate Over Expansions Of Parenthood., Sacha M. Coupet

Sacha M Coupet

Kinship caregivers-a group disproportionately populated by persons of color, particularly black grandmothers -have historically assumed parental roles, often together with a legal parent. Yet even as kin have increasingly assumed substantial parental responsibilities over the past few decades, they continue to have limited opportunities to carry the title of legal parent. At the same time, in claims involving stepfamilies and same sex partners of parents, and cases involving assisted reproductive technology (ART), family courts have expanded their definition of parenthood to recognize the rights of other caregivers, including those whose parental claims extend beyond the so-called "rule of two."2 The …


Neither Dyad Nor Triad: Children’S Relationship Interests Within Kinship Caregiving Families., Sacha M. Coupet Aug 2012

Neither Dyad Nor Triad: Children’S Relationship Interests Within Kinship Caregiving Families., Sacha M. Coupet

Sacha M Coupet

No abstract provided.


Alternative Visions Of The Family: The European Constitutional Perception Of Family Law: Comparison With American Jurisprudence., Allen E. Shoenberger Aug 2012

Alternative Visions Of The Family: The European Constitutional Perception Of Family Law: Comparison With American Jurisprudence., Allen E. Shoenberger

Allen E Shoenberger

No abstract provided.


Justice For Girls: Are We Making Progress?, Francine Sherman Jul 2012

Justice For Girls: Are We Making Progress?, Francine Sherman

Francine T. Sherman

Over the course of more than a century, structural gender bias has been a remarkably durable feature of United States juvenile justice systems. Consequently, as these systems have developed over the years, reducing gender bias and addressing girls in helpful, rather than harmful, ways has required specific and concerted efforts on the part of federal and state governments. Currently, there are a number of positive trends in juvenile justice, including policy and practice that is increasingly developmentally centered and data-driven. The question for those focused on girls in the juvenile justice system is how to ensure that girls are the …


The Fundamental Question When Applying The Welfare Principle: "Who Will Be The Better Parent Or Guardian"?, Siyuan Chen Jul 2012

The Fundamental Question When Applying The Welfare Principle: "Who Will Be The Better Parent Or Guardian"?, Siyuan Chen

Siyuan CHEN

The welfare principle – that is, when making a custody-related decision, the best interests of the child form the first and paramount consideration – is probably one of the cardinal principles of family law in many common law jurisdictions. While the welfare principle is generally considered a wide concept with no exhaustive definition or list of factors, it is submitted that there is an important question – sometimes neglected or misunderstood – that should actually feature most prominently when applying the welfare principle, particularly when joint or no order custody orders seem impossible. The question is simply that of “who …


Void Marriages, Maintenance, And Matrimonial Assets, Siyuan Chen, Nicholas Poon Jul 2012

Void Marriages, Maintenance, And Matrimonial Assets, Siyuan Chen, Nicholas Poon

Siyuan CHEN

No abstract provided.


Book Review Of Marital Agreements And Private Autonomy In Comparative Perspective, Siyuan Chen Jul 2012

Book Review Of Marital Agreements And Private Autonomy In Comparative Perspective, Siyuan Chen

Siyuan CHEN

This book takes a comparative approach to how 14 jurisdictions from around the world deal with pre-nuptial and post-nuptial marital agreements, particularly in relation to financial relations.


Towards Determining Legal Parentage By Agreement In Israel, Yehezkel Margalit Jul 2012

Towards Determining Legal Parentage By Agreement In Israel, Yehezkel Margalit

Hezi Margalit

In Israel as in other parts of the world, families, parenthood, and relations between parents and children have changed dramatically over the past few decades. So, too, developments in modern medicine have enhanced the ability to separate sexuality from fertility and parenthood. Many researchers feel that the legal system has not kept pace with these changes, and that traditional models of familial relationships no longer provide adequate tools for dealing with them. In order to bridge the gap between a desired social status and current law, a growing number of parents seek to regulate the status, rights, and obligations of …


Babies, Parents, And Grandparents: A Story In Two Cases, Karen Czapanskiy Jul 2012

Babies, Parents, And Grandparents: A Story In Two Cases, Karen Czapanskiy

Karen Czapanskiy

No abstract provided.


Disabled Kids And Their Moms: Caregivers And Horizontal Equity, Karen S. Czapanskiy Jul 2012

Disabled Kids And Their Moms: Caregivers And Horizontal Equity, Karen S. Czapanskiy

Karen Czapanskiy

No abstract provided.


Determining Legal Parenthood By Agreement As A Possible Solution To The Challenges Of The New Era, Yehezkel Margalit Jul 2012

Determining Legal Parenthood By Agreement As A Possible Solution To The Challenges Of The New Era, Yehezkel Margalit

Hezi Margalit

Over the past decades, we witnessed changes in the matrimonial and parenting institutions. Medical innovations have further created ethical-legal dilemmas. It is, therefore, essential to create a theory and framework that will determine ways to deal with the resulting dilemma in a fully developed manner. This paper surveys the current, conflicting shifts in family structure and the definition of legal parenthood. In it, I deal with the importance and various aspects of defining legal parenthood. I will also focus on the singularity of this dilemma as it is increasingly apparent in the various fertility treatments. I present the sociological-legal roots …


Advisory Board Member, Francine Sherman Jun 2012

Advisory Board Member, Francine Sherman

Francine T. Sherman

No abstract provided.