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Articles 211 - 240 of 370
Full-Text Articles in Law and Society
A V B And Attorney General Of Quebec (Eric V Lola)—The Implications For Cohabiting Couples Outside Quebec, Natasha Bakht
A V B And Attorney General Of Quebec (Eric V Lola)—The Implications For Cohabiting Couples Outside Quebec, Natasha Bakht
Canadian Journal of Family Law
No abstract provided.
Consent, Coercion, And Shared Parenting: Ruffudeen-Coutts V Coutts, Susan B. Boyd
Consent, Coercion, And Shared Parenting: Ruffudeen-Coutts V Coutts, Susan B. Boyd
Canadian Journal of Family Law
No abstract provided.
Suppressing Damages In Involuntary Parenthood Actions: Contorting Tort Law, Denying Reproductive Freedom, And Discriminating Against Mothers, Bruce Feldthusen
Suppressing Damages In Involuntary Parenthood Actions: Contorting Tort Law, Denying Reproductive Freedom, And Discriminating Against Mothers, Bruce Feldthusen
Canadian Journal of Family Law
"Involuntary parenthood" actions are negligence actions, usually medical malpractice cases involving a failed sterilization, inadequate warning about the risks of pregnancy, or a failed abortion. In Canada, they will soon also involve product liability claims against negligent birth control manufacturers, providers and regulators. This article considers whether the parents' damages ought to include the cost of raising the child. No Canadian appellate court has ever ruled on this point, although it has been adjudicated extensively by the highest courts elsewhere in the common law world. At least 7 different rules limiting such recovery have been endorsed in the Canadian lower …
Establishing Canada's First Integrated Domestic Violence Court: Exploring Process, Outcomes, And Lessons Learned, Rachel Birnbaum, Nicholas Bala, Peter Jaffe
Establishing Canada's First Integrated Domestic Violence Court: Exploring Process, Outcomes, And Lessons Learned, Rachel Birnbaum, Nicholas Bala, Peter Jaffe
Canadian Journal of Family Law
The establishment of domestic violence courts has resulted in significant improvements in responses to family violence, but these courts have generally dealt only with criminal cases and do not address the risks that the victim and children may face in family proceedings. In some locations in the USA, courts have been established to deal with both criminal and family proceedings that arise from a domestic violence situation. This paper describes and analyzes the establishment of the first court in Canada that hears both criminal and family cases concerning families where there are domestic violence issues. The authors report on a …
Rethinking Canadian Legal Approaches To Frozen Embryo Disputes, Stefanie Carsley
Rethinking Canadian Legal Approaches To Frozen Embryo Disputes, Stefanie Carsley
Canadian Journal of Family Law
This article examines and critiques Canadian legal responses to disputes over frozen in vitro embryos. It argues that current laws that provide spouses or partners with joint control over the use and disposition of embryos created from their genetic materials and that mandate the creation of agreements setting out these parties' intentions in the event of a disagreement or divorce overlook the experiences of women who undergo in vitro fertilization treatment. It also maintains that these laws do not accord with how Canadian law and public policy has responded to similar conflicts between spouses, or to agreements that seek to …
A Relational Model Of Family Lawyering: Exploring The Potential For Education, Practice, And Research, Jill Howieson, Lynn Priddis
A Relational Model Of Family Lawyering: Exploring The Potential For Education, Practice, And Research, Jill Howieson, Lynn Priddis
Canadian Journal of Family Law
This article responds to what seems to be a "hot" millennium topic in the family law environment—namely the nature of the relationship between the family lawyer and the client. It proposes a model of family lawyering that puts the relationship with the client explicitly in the foreground of the process and suggests a research regime that could investigate the merits of the model. The authors refer to the model as a "relational model of family lawyering." The model involves family lawyers working within a partnering framework that incorporates attention to the relational aspects of the process, and in particular, to …
Protecting Survivors Of Domestic Violence Within The Insurance Regime: Opportunities To Seek Termination Or Variation Of Insurance Contracts, Elizabeth Adjin-Tettey
Protecting Survivors Of Domestic Violence Within The Insurance Regime: Opportunities To Seek Termination Or Variation Of Insurance Contracts, Elizabeth Adjin-Tettey
Canadian Journal of Family Law
A person whose life is insured under a life insurance contract for the benefit of another person does not have a contractual or common law right to terminate or otherwise affect the terms of the contract. As well, such contracts remain valid even after termination of the relationship that provided an insurable interest at the commencement of the contract. The existence of a life insurance contract might provide an incentive for the policy owner/beneficiary to cause harm to the insured person in order to collect the insurance money. Recovery of the insurance money is precluded on grounds of public policy …
Mediating Theft, Kaitlyn E. Tucker
Mediating Theft, Kaitlyn E. Tucker
University of Florida Journal of Law & Public Policy
No abstract provided.
Reclaimed Water Use: The Example Of Florida, Chelsea Anderson
Reclaimed Water Use: The Example Of Florida, Chelsea Anderson
University of Florida Journal of Law & Public Policy
No abstract provided.
Are Mothers Hazardous To Their Children’S Health?: Law, Culture, And The Framing Of Risk, Linda C. Fentiman
Are Mothers Hazardous To Their Children’S Health?: Law, Culture, And The Framing Of Risk, Linda C. Fentiman
Elisabeth Haub School of Law Faculty Publications
This Article examines the psychosocial processes of risk construction and explores how these processes intersect with core principles of Anglo-American law. It does so by critiquing current cultural and legal perceptions that mothers, especially pregnant women, pose a risk to their children’s health. The Article’s core argument is that during the last four decades, both American society and American law have increasingly come to view mothers as a primary source of risk to children. This intense focus on the threat of maternal harm ignores significant environmental sources of injury, including fathers and other men, as well as exposure to toxic …
No Entry To The Public Lands: Towards A Theory Of A Public Trust Servitude For A Way Over Abutting Private Land, Shelby D. Green
No Entry To The Public Lands: Towards A Theory Of A Public Trust Servitude For A Way Over Abutting Private Land, Shelby D. Green
Elisabeth Haub School of Law Faculty Publications
This article explores the problem of inadequate access and why owners of private property abutting public lands cannot fence out the public if their sole or primary purpose is to deny access to public land. The reasons why such landowners should not be allowed to put up fences, even on their own land, if the effect is to hinder the public's access to public land are several. First, it is opportunistic and unjustly interferes with citizens' ability to enjoy the interest they hold in public lands. Second, it denies citizens access rights rooted in the common law. Third, and perhaps …
A Critical Research Agenda For Wills, Trusts And Estates, Bridget J. Crawford
A Critical Research Agenda For Wills, Trusts And Estates, Bridget J. Crawford
Elisabeth Haub School of Law Faculty Publications
The law of wills, trusts, and estates could benefit from consideration of its development and impact on people of color; women of all colors; lesbian, gay, bisexual, and transgender individuals; low-income and poor individuals; the disabled; and nontraditional families. One can measure the law's commitment to justice and equality by understanding the impact on these historically disempowered groups of the laws of intestacy, spousal rights, child protection, will formalities, will contests, and will construction; the creation, operation and construction of trusts; fiduciary administration; creditors' rights; asset protection; nonprobate transfers; planning for incapacity and death; and wealth transfer taxation. This Article …
Secret Consumer Scores And Segmentations: Separating Consumer 'Haves' From 'Have-Nots', Amy J. Schmitz
Secret Consumer Scores And Segmentations: Separating Consumer 'Haves' From 'Have-Nots', Amy J. Schmitz
Faculty Publications
“Big Data” is big business. Data brokers profit by tracking consumers’ information and behavior both on- and offline and using this collected data to assign consumers evaluative scores and classify consumers into segments. Companies then use these consumer scores and segmentations for marketing and to determine what deals, offers, and remedies they provide to different individuals. These valuations and classifications are based on not only consumers’ financial histories and relevant interests, but also their race, gender, ZIP Code, social status, education, familial ties, and a wide range of additional data. Nonetheless, consumers are largely unaware of these scores and segmentations, …
A Framework For Advancing Negotiation Theory: Implications From A Study Of How Lawyers Reach Agreement In Pretrial Litigation, John Lande
Cardozo Journal of Conflict Resolution
The prevailing negotiation theory tries to fit lots of square pegs into just two round holes-adversarial or cooperative bargaining. In the real world, negotiation comes in many different shapes, not just circles and squares. This Article demonstrates that the two "round holes" in current negotiation theory are poorly defined and do not reflect the reality of much pretrial negotiation. It argues that it is time to replace the system of theoretical models with a flexible framework that can accommodate virtually all legal negotiations, including those that do not fit into any pre-defined model.
Exporting The Legal Incubator: A Conversation With Fred Rooney, Fred Rooney, Justin Steele
Exporting The Legal Incubator: A Conversation With Fred Rooney, Fred Rooney, Justin Steele
Scholarly Works
This article is an edited transcript of an interview with Fred Rooney, currently the Director of the International Justice Center for Post-Graduate Development at Touro Law Center. As the inaugural director of the City University of New York (CUNY) School of Law’s Community Legal Resource Network (CLRN), Mr. Rooney pioneered the first law-school based legal incubator. In this interview he discusses the creation of the CLRN, the evolution and growth of legal incubators, and his experience launching the Community Legal Services Center (Centro Comunitario de Servicios Legales or CECSEL) at the Autonomous University of Santo Domingo (UASD) in the Dominican …
Liability Insurance And Gun Violence, Peter Kochenburger
Liability Insurance And Gun Violence, Peter Kochenburger
Faculty Articles and Papers
No abstract provided.
The Jury And Participatory Democracy, Alexandra Lahav
The Jury And Participatory Democracy, Alexandra Lahav
Faculty Articles and Papers
Citizens directly participate in the civil justice system in three ways. They can be sued, they can sue another, and they can serve on a jury. Beyond that involvement, the court system is peopled by professionals: judges, lawyers, clerks, and administrators. This Essay considers the reasons our society might want citizens to directly participate as adjudicators in the third branch.
Class Action In The Age Of Twitter: A Dispute Systems Approach, Jeremy Mcclane
Class Action In The Age Of Twitter: A Dispute Systems Approach, Jeremy Mcclane
Faculty Articles and Papers
No abstract provided.
Rebuilding From Ruins: The Role Of Historic Preservation In The Wake Of Disaster, Elizabeth Turner
Rebuilding From Ruins: The Role Of Historic Preservation In The Wake Of Disaster, Elizabeth Turner
University of Florida Journal of Law & Public Policy
No abstract provided.
Discriminatory Strings Attached: Reining In The Testator's Intent In Conditioning Will And Trust Bequests, Meelad Hanna
Discriminatory Strings Attached: Reining In The Testator's Intent In Conditioning Will And Trust Bequests, Meelad Hanna
University of Florida Journal of Law & Public Policy
No abstract provided.
Technology, Alienation, And The Future Of Litigation-Based Social Change, Dana Neacsu
Technology, Alienation, And The Future Of Litigation-Based Social Change, Dana Neacsu
Law Faculty Publications
This article addresses the apparent inconsistency of the impact technology has on the "rights vocabulary." It theorizes how, in certain circumstances, it erodes this progressive vocabulary by making it and the subsequent judicial litigation superfluous.
Symbolic Politics For Disempowered Communities: State Environmental Justice Policies, Tonya Lewis, Jessica Owley
Symbolic Politics For Disempowered Communities: State Environmental Justice Policies, Tonya Lewis, Jessica Owley
Articles
No abstract provided.
I Am/I Am Not: On Angela Harris's Race And Essentialism In Feminist Legal Theory, Mary Anne Franks
I Am/I Am Not: On Angela Harris's Race And Essentialism In Feminist Legal Theory, Mary Anne Franks
Articles
In 1990, Angela Harris wrote an article that interrogated the limitations of feminist legal theory. Nearly a quarter of a century later, the insights and challenges Harris offered in Race and Essentialism in Feminist Legal Theory continue to reverberate. The influence of her ideas can be seen in the fractured and passionate conversations about gender, race, and solidarity occurring both inside and outside of academia. In recent years, we have witnessed an explosion of debate of these topics in social media forums such as Twitter and Facebook. Far from being trivial, the intensity and persistence of these conversations suggest a …
Gift Horses, Choosy Beggars, And Other Reflections On The Role And Utility Of Social Enterprise Law, Cassady V. Brewer
Gift Horses, Choosy Beggars, And Other Reflections On The Role And Utility Of Social Enterprise Law, Cassady V. Brewer
Faculty Publications By Year
The U.S. law of social enterprise is growing rapidly. Since 2008, one-half of all U.S. states have modified their business law to establish special legal forms designed for social enterprise. Meanwhile, even with twenty-five states adopting special laws for social enterprise, the legal debate surrounding social enterprise continues. Rather than rehashing that debate, this essay sets forth the author’s personal perspective on the role and utility of social enterprise. The essay argues that, except in limited circumstances, social enterprise is superior to traditional philanthropy when it comes to solving longstanding humanitarian or environmental problems. U.S. business law thus should continue …
Latcrit 2013 Conference Symposium Afterword:Theorizing And Building Critical Coalitions: Outsider Society And Academic Praxis In Local/Global Justice Struggles, Francisco Valdes
Latcrit 2013 Conference Symposium Afterword:Theorizing And Building Critical Coalitions: Outsider Society And Academic Praxis In Local/Global Justice Struggles, Francisco Valdes
Articles
No abstract provided.
A Proposal To Withhold Divorce Decrees On Grounds Of Equity, J. David Bleich
A Proposal To Withhold Divorce Decrees On Grounds Of Equity, J. David Bleich
Articles
Throughout the medieval period, marriage was acknowledged by temporal rulers to be a religious matter governed by the ecclesiastic law of the Church which, to be sure, incorporated many principles of Roman law. Subsequent to the Reformation, the rulers of many European countries became disposed to regard marriage as a civil act, to withdraw marriage from the control of the church and to entrust it entirely to the state. The Napoleonic Code was the first example of a legal system that treated marriage as a purely civil act. The Napoleonic Code did not deny the religious element present in marriage …
Brown's Dream Deferred: Lessons On Democracy And Identity From Cooper V. Arron To The School-To-Prison Pipeline, Lia Epperson
Brown's Dream Deferred: Lessons On Democracy And Identity From Cooper V. Arron To The School-To-Prison Pipeline, Lia Epperson
Scholarly Articles in Law Reviews & Journals
No abstract provided.
Health Law As Social Justice, Lindsay Wiley
Health Law As Social Justice, Lindsay Wiley
Scholarly Articles in Law Reviews & Journals
Health law is in the midst of a dramatic transformation. From a relatively narrow discipline focused on regulating relationships among individual patients, health care providers, and third-party payers, it is expanding into a far broader field with a burgeoning commitment to access to health care and assurance of healthy living conditions as matters of social justice. Through a series of incremental reform efforts stretching back decades before the Affordable Care Act and encompassing public health law as well as the law of health care financing and delivery, reducing health disparities has become a central focus of American health law and …
From Third Parties To Parents: The Case Of Lesbian Couples And Their Children, Nancy Polikoff
From Third Parties To Parents: The Case Of Lesbian Couples And Their Children, Nancy Polikoff
Scholarly Articles in Law Reviews & Journals
No abstract provided.
Legal Education In An Era Of Globalisation And The Challenge Of Development, Muna Ndulo
Legal Education In An Era Of Globalisation And The Challenge Of Development, Muna Ndulo
Cornell Law Faculty Publications
The article examines the challenges legal education faces as a result of globalisation with specific reference to African law schools. It considers the challenges and ways of meeting them. The practice of law in a globalised world requires a body of knowledge which is both complex and interdisciplinary. It requires the acquisition of a broad range of new skills and techniques of solving legal problems. To equip lawyers with the needed skills to practise law in a globalised world will require changes in the traditional law school curriculum. It will require a curriculum which trains lawyers for the practice of …