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Articles 1 - 9 of 9
Full-Text Articles in Law
Introduction To Excerpts From Lessons Learned From 9/11: Dna Identification In Mass Fatality Incidents, Glenn R. Schmitt
Introduction To Excerpts From Lessons Learned From 9/11: Dna Identification In Mass Fatality Incidents, Glenn R. Schmitt
University of Massachusetts Law Review
On the 5th anniversary of the terrorist attacks on the World Trade Center, the National Institute of Justice – the research, development, and evaluation agency of the U.S. Department of Justice – published a major report on the identification of mass disaster victims using DNA analysis. The report was prepared by the Kinship and Data Analysis Panel, a multidisciplinary group of scientists assembled by the National Institute of Justice to offer guidance to the New York City Office of the Chief Medical Examiner in the identification of those who perished in the World Trade Center.
The Crisis Of Child Custody: A History Of The Birth Of Family Law In England, Danaya Wright
The Crisis Of Child Custody: A History Of The Birth Of Family Law In England, Danaya Wright
Danaya C. Wright
This article attempts to show that the inter-spousal custody cases of the nineteenth century created such a crisis in equity that they eventually demanded a new court structure and a new set of legal doctrines. The custody cases posed such a profound threat to the stability and authority of the Chancery courts that within fifty years an entirely new court system was required. That court system combined the tripartite jurisdictions of the law, equity, and ecclesiastical courts in matrimonial matters. While many scholars and historians have applauded that moment, I would suggest that the new court was merely a way …
"Well-Behaved Women Don't Make History": Rethinking English Family, Law, And History, Danaya C. Wright
"Well-Behaved Women Don't Make History": Rethinking English Family, Law, And History, Danaya C. Wright
Danaya C. Wright
In 1857 Parliament finally succumbed to public and political pressure and passed a bill creating a domestic relations court: the Court for Divorce and Matrimonial Causes. This new court for the first time in common-law history, combined the following jurisdictions: the ecclesiastical court's jurisdiction over marital validity and separation; the Chancery court's jurisdiction over child custody and equitable estates; the common-law court's jurisdiction over property; and Parliament's jurisdiction over divorce and marital settlements. Wives were given the legal right to seek a divorce or judicial separation in a court of law, receive custody of the children of the marriage, and …
Supreme Court, Bronx County, People Ex Rel. Furde V. New York City Dep't Of Correction, Adam D'Antonio
Supreme Court, Bronx County, People Ex Rel. Furde V. New York City Dep't Of Correction, Adam D'Antonio
Touro Law Review
No abstract provided.
A Difficult Situation Made Harder: A Parent's Choice Between Civil Remedies And Criminal Charges In International Child Abduction, Donyale N. Leslie
A Difficult Situation Made Harder: A Parent's Choice Between Civil Remedies And Criminal Charges In International Child Abduction, Donyale N. Leslie
Georgia Journal of International & Comparative Law
No abstract provided.
No Champion For Children: Tennessee's Rule 40a And The Appointment Of Guardians Ad Litem In Custody Proceedings, Austin Elizabeth Kupke
No Champion For Children: Tennessee's Rule 40a And The Appointment Of Guardians Ad Litem In Custody Proceedings, Austin Elizabeth Kupke
Tennessee Journal of Law and Policy
On February 17, 2009, the Tennessee Supreme Court adopted a provisional rule to be used in child custody cases in all courts in the State of Tennessee.' The rule, Rule 40A, concerns the "Appointment of Guardians Ad Litem in Custody Proceedings" and dictates the appointment, role, powers, duties, rights, limitations, and costs of guardians ad litem in limited types of cases "including but not limited to divorce, paternity, domestic violence, contested adoptions, and contested private guardianship cases." Rule 40A is provisional in that it was passed with the intention of it lasting only a limited time while the mechanics of …
History Repeats Itself: Parallels Between Current-Day Threats To Immigrant Parental Rights And Native American Parental Rights In The Twentieth Century, Vinita B. Andrapalliyal
History Repeats Itself: Parallels Between Current-Day Threats To Immigrant Parental Rights And Native American Parental Rights In The Twentieth Century, Vinita B. Andrapalliyal
University of Massachusetts Law Review
Immigrant parents are currently burdened with unique risks to their parental rights, risks that bear little relation to their ability to care for their children. Recent developments in family and immigration law, historical cultural prejudices against non-Western parenting traditions, and poor immigrants’ limited access to the U.S. legal system are largely to blame. This Note explores the inadequacies in our legal system contributing to the struggles of immigrant parents to maintain family unity and connects the current situation to the disproportionate number of terminations of parental rights within the Native American community in the mid-twentieth century. It suggests that a …
Reconsidering Dual Consent, Lisa V. Martin
Reconsidering Dual Consent, Lisa V. Martin
Faculty Publications
Before a child may travel internationally, many countries require proof that both of the child’s parents consent. These “dual consent” requirements are aimed at preventing international child abduction, and many countries have adopted them as part of the coordinated effort to implement the 1980 Hague Convention on the Civil Aspects of International Child Abduction. In recent years, international air carriers have been urged to impose similar requirements for all children traveling on international flights. Although well-intentioned, dual consent requirements pose significant harms, especially to children of single parents and parents subjected to domestic violence. This article explores the unintended consequences …
Filling The Gaps With Public Policy: The Application Of The Hague Convention Protocol In Us Courts In The Absence Of A Co-Signing State, Andrew A. Zashin, Christopher R. Reynolds, Amy M. Keating
Filling The Gaps With Public Policy: The Application Of The Hague Convention Protocol In Us Courts In The Absence Of A Co-Signing State, Andrew A. Zashin, Christopher R. Reynolds, Amy M. Keating
Faculty Publications
This article will consider a possible avenue for filling 'gaps' when the 1980 Hague Abduction Convention or the 1996 Child Protection Convention do not apply in child custody/abduction cases. Specifically, it will explore utilizing internal US domestic relations law to facilitate the return of a child who has been abducted to the USA from a non-signatory country. To better illustrate the potential effects, the article will explore this 'gap filler' through the lens of a case study involving Japan, the most prominent first world country that is not yet a signatory to the Convention. The article also considers the implications …