Law Commons^™

Service Out Under The New Rules Of Court, Ian Mah, Aaron Yoong

Research Collection Yong Pung How School Of Law

The new Rules of Court 2021 seek to provide a more accessible and efficient justice system. The extensiveness of the overhaul, however, brings with it as much unfamiliarity as excitement. This legislation comment examines the changes in the provisions governing service out of jurisdiction and argues that the textual changes also effect substantive changes to how the law is applied. This comment also explores the related issues on the grant of Mareva injunctions in aid of foreign proceedings under the new Rules of Court 2021.

Family Law Disputes Between International Couples In U.S. Courts, Rhonda Wasserman

Articles

Increasing mobility, migration, and growing numbers of international couples give rise to a host of family law issues. For instance, when marital partners are citizens of different countries, or live outside the country of which they are citizens, or move between countries, courts must first determine if they have jurisdiction to hear divorce or child custody actions. Given that countries around the world are governed by different legal regimes, such as the common law system, civil codes, religious law, and customary law, choice of law questions also complicate family litigation. This short article addresses the jurisdictional and other conflicts issues …

Equity In American And Jewish Law, Itzchak E. Kornfeld , Ph.D.

Touro Law Review

No abstract provided.

Historical Determinism And Women's Rights In Sharia Law, Mackenzie Glaze

Case Western Reserve Journal of International Law

Although women's rights in many countries reflect Sharia Law, the interpretation of Sharia Law is not uniform across these countries. As a result, not all countries that follow Sharia Law protect women's rights to the same degree. We can hypothesize that the interpretation of Sharia Law in various countries, and therefore the protection of women's rights, is determined by the historical forces that have shaped that country's cultural life. To test this hypothesis, this Note traces the history of three countries in order to explore what led each country to develop vastly different beliefs surrounding the rights of women under …

Putting The "Remedy" Back In The International Child Abduction Remedies Act - Enforcing Visitation Rights For The Left Behind Parent, Nicole Clark

St. John's Law Review

(Excerpt)

This Note argues that the Second Circuit’s approach is more consistent with the aims of the Hague Convention and the needs of children than the Fourth Circuit’s approach and that ICARA does confer jurisdiction upon federal courts to adjudicate claims for the enforcement of visitation rights under the Hague Convention. Part I discusses the background of the Hague Convention and ICARA and how visitation rights fit into each. Part II discusses the split between the Fourth Circuit and the Second Circuit regarding whether ICARA confers jurisdiction upon federal courts over claims for the enforcement of visitation rights. It further …

Shari'ah Law As National Security Threat?, Cyra Akila Choudhury

Akron Law Review

The Article proceeds in three parts: in Part II, the Article describes three anti-shari’ah measures. It describes Oklahoma’s Save Our State amendment to show how these laws target Islam. It also reviews the recent decision by the Tenth Circuit Court of Appeals affirming the grant of a preliminary injunction against the certification of Oklahoma’s constitutional amendment. It then describes Arizona’s law that targets shari’ah as well as other legal traditions. It also examines the original version of the Tennessee bill to illustrate the motivations behind the revised, watered down version that was eventually passed by the legislature. Part II concludes …

Who Sues For Divorce? From Fault Through Fiction To Freedom, Lawrence M. Friedman, Robert V. Percival

Robert Percival

No abstract provided.

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 …

Divorce Reform: Rights Protections In The New Swaziland, Tamar Ezer, Aisha Glasford, Elizabeth Hollander, Lakeisha Poole, Grant Rabenn, Alexandria Tindall

Articles

No abstract provided.

Legal Interpretations Of The Right To Divorce And Polygamy And The Egyptian Feminist Movement, Mozn A Hassan

Archived Theses and Dissertations

This essay aims to analyze the project of the Egyptian feminist movement in the legal arena to achieve equality for women under the Egyptian laws focusing on the right of divorce and polygamy. lt seeks to examine the most liberal interpretations towards these two questions. The essay assesses many of the methodologies used differently from feminist groups and its focal point were the lslamic legal interpretations according to the Egyptian legal system. The essay provides an innovative classification for feminist movement in Egypt. This classification is based on criticism of other available classifications and their legal tools every group have …

Stipulations In A Muslim Marriage Contract With Special Reference To Talq Al-Tafwid Provisions In Paksitan, Muhammad Munir Dr.

Dr. Muhammad Munir

This work elaborates the over-technical topic of stipulations in a Muslim marriage contract; explains the various types of stipulations benefiting women and men; explains how and to what extent classical Islamic law is incorporated into statutes of many Muslim states; describes case law of Indo-Pak subcontinent on stipulations based on the doctrine of stare decisis; surveys talaq al-tafwid in Pakistan to ascertain the extent of its practical application by the masses; and explore the role of nikah registrars, who are authorized by the government of Pakistan to solemnize nikah (marriage contract) throughout the country.

Comparativist Ruminations From The Bayou On Child Custody Jurisdiction: The Uccja, The Pkpa, And The Hague Convention On Child Abduction, Christopher L. Blakesley

Scholarly Works

Interstate and international jurisdictional problems are often vexing. They are worse in matters of child custody. In the past, jurisdiction to obtain custody or to modify a custody decree required only presence or domicile. The United States population is transient and custody decisions are subject to modification. The volatility of child custody disputes and the tendency of parents to move to different and separate jurisdictions traditionally caused and continue to cause difficult problems for children, parents, and the legal system. Before the promulgation of the Uniform Child Custody Jurisdiction Act (UCCJA) and the Parental Kidnapping Prevention Act (PKPA), it was …

The Revision Of The Treaties Of Montevideo On The Law Of Conflicts, Ernst Rabel

Michigan Law Review

In its issue of July 1940, the Revista Juridica Argentina of Buenos Aires has published the new "Tratados de Derecho Internacional Privado" of Montevideo concluded in 1939 and 1940. We are grateful to this review for apprising us of a significant event in the field of international codification.

Conflict Of Laws-Renvoi Doctrine

Michigan Law Review

H, an Englishman, married W in England. On separation H acquired a domicil in Germany. A child was thereafter born to Y, a woman with whom H was living in Germany. H subsequently divorced W in Germany and married Y. Whether the child was legitimate determined whether H had validly exercised a power of appointment in an English settlement. Held, legitimacy is to be determined by the law of the domicil, including its rules of private international law. Germany, referring the matter to English law, found a remittance which Germany accepted and applied German municipal law. The child, by …

Book Reviews

Michigan Law Review

A collection of book reviews by multiple authors.