The Child-Welfare System And The Limits Of Determinacy,
2014
Fordham University School of Law
The Child-Welfare System And The Limits Of Determinacy, Clare Huntington
Faculty Scholarship
Robert Mnookin’s article, Child-Custody Adjudication: Judicial Functions in the Face of Indeterminacy, is a classic. His insights into the substance and process of family law have influenced scholars for nearly four decades. This essay, written for a symposium marking the upcoming anniversary of the article, demonstrates that Congress adopted many of Mnookin’s proposals to introduce greater determinacy into the child welfare system. And yet the problems he described nearly forty years ago sound all too familiar today. After engaging in a detailed analysis of the reforms, I argue that with the evidence on determinacy now in hand, it is time …
Canon 1095 And The Dignitas Connubii: The Role Of Consent, Incapacity, And Psychic Anomalies In Cases Of Matrimonial Nullity,
2014
St. Mary's University School of Law
Canon 1095 And The Dignitas Connubii: The Role Of Consent, Incapacity, And Psychic Anomalies In Cases Of Matrimonial Nullity, Roberto Rosas
Faculty Articles
This Article will focus on the following points: (1) the essential elements of marriage; (2) the basic principle of matrimonial consent; (3) the nature of consent; (4) acts through which consent is formed; (5) matrimonial nullity in Canon Law; (6) Canon Law and the Dignitas Connubil (Dignitas); and (7) recent jurisprudence concerning matrimonial nullity. It aims to shed light and clarify paragraphs 2 and 3 of Canon 1095 of the Code by making clear how the causes of defect of discretion of judgment and the inability to assume the essential obligations due to some sort of psychic disorder or anomaly …
Family Courts Are Here To Stay, So Let's Improve Them,
2014
University of Baltimore School of Law
Family Courts Are Here To Stay, So Let's Improve Them, Barbara A. Babb
Articles
The article presents a commentary in response to the White Paper of the Institute for the Advancement of the American Legal System's Honoring Families Initiative on the court and separating and divorcing families. Topics include the mission, function and structure of family courts, therapeutic jurisprudence, and the design of a unified family court. It also discusses the ecology of human development.
Conferring Dignity: The Metamorphosis Of The Legal Homosexual,
2014
Elisabeth Haub School of Law at Pace University
Conferring Dignity: The Metamorphosis Of The Legal Homosexual, Noa Ben-Asher
Elisabeth Haub School of Law Faculty Publications
The legal homosexual has undergone a dramatic transformation over the past three decades, culminating in United States v. Windsor, which struck down Section 3 of the Defense of Marriage Act (DOMA). In 1986, the homosexual was a sexual outlaw beyond the protection of the Constitution. By 2013, the homosexual had become part of a married couple that is “deemed by the State worthy of dignity.” This Article tells the story of this metamorphosis in four phases. In the first, the “Homosexual Sodomite Phase,” the United States Supreme Court famously declared in Bowers v. Hardwick that there was no right to …
From Sex For Pleasure To Sex For Parenthood: How The Law Manufactures Mothers,
2013
University of Nebraska College of Law
From Sex For Pleasure To Sex For Parenthood: How The Law Manufactures Mothers, Beth A. Burkstrand-Reid
Nebraska College of Law: Faculty Publications
As soon as sperm enter a woman, so do law and politics, or so the decades-long disputes surrounding abortion suggest. Now, however, renewed debates surrounding contraceptives show legal and political interference with women’s sexual and reproductive autonomy may actually precede the sperm. This Article argues that, increasingly, women even thinking about having sex are defined socially and legally as “mothers.” Via this broad definition of who is a “mother,” the State extends its reach into women’s decision-making throughout their reproductive lifetime.
This Article argues that the State simultaneously devalues women’s choices to have sex for pleasure, which this Article calls …
The Battle Over The Embryo: How West Virginia Should Legally Define The Embryo And Regulate Embryo Adoption,
2013
West Virginia University College of Law
The Battle Over The Embryo: How West Virginia Should Legally Define The Embryo And Regulate Embryo Adoption, Alyssa Lechmanik
West Virginia Law Review
No abstract provided.
Domestic Relations,
2013
Mercer University School of Law
Domestic Relations, Barry B. Mcgough, Elinor H. Hitt
Mercer Law Review
This Article addresses significant case law that arose during the survey period. There were no statutory changes specific to domestic relations during this period, though substantial changes were made to the evidence code.
The Washington State Indian Child Welfare Act: Putting The Policy Back Into The Law,
2013
Seattle University School of Law
The Washington State Indian Child Welfare Act: Putting The Policy Back Into The Law, William N. Smith, Richard T. Okrent
American Indian Law Journal
No abstract provided.
The Undersigned Attorney Hereby Certifies -- The Washington Supreme Court Rule On Standards And Its Implications,
2013
Seattle University School of Law
The Undersigned Attorney Hereby Certifies -- The Washington Supreme Court Rule On Standards And Its Implications, Justice Sheryl Gordon Mccloud, Justice Susan Owens, Marc Boman, Joanne Moore
Seattle Journal for Social Justice
No abstract provided.
G Forces: Gideon V. Wainwright And Matthew Adler's Move Beyond Cost-Benefit Analysis,
2013
Seattle University School of Law
G Forces: Gideon V. Wainwright And Matthew Adler's Move Beyond Cost-Benefit Analysis, Janet Moore
Seattle Journal for Social Justice
No abstract provided.
Dark Medicine: How The National Research Act Has Failed To Address Racist Practices In Biomedical Experiments Targeting The African-American Community,
2013
Seattle University School of Law
Dark Medicine: How The National Research Act Has Failed To Address Racist Practices In Biomedical Experiments Targeting The African-American Community, Anietie Maureen-Ann Akpan
Seattle Journal for Social Justice
No abstract provided.
Do We Have It Right This Time? An Analysis Of The Accomplishments And Shortcomings Of Washington's Indian Child Welfare Act,
2013
Seattle University School of Law
Do We Have It Right This Time? An Analysis Of The Accomplishments And Shortcomings Of Washington's Indian Child Welfare Act, Karen Gray Young
Seattle Journal for Social Justice
No abstract provided.
Securing Food Justice, Sovereignty & Sustainability In The Face Of The Food Safety Modernization Act (Fsma),
2013
Seattle University School of Law
Securing Food Justice, Sovereignty & Sustainability In The Face Of The Food Safety Modernization Act (Fsma), Eve Kerber
Seattle Journal for Social Justice
No abstract provided.
Driving While License Suspended - Third Degree, A Framework For Requesting Alternative Sentences,
2013
Seattle University School of Law
Driving While License Suspended - Third Degree, A Framework For Requesting Alternative Sentences, Sahar Fathi
Seattle Journal for Social Justice
No abstract provided.
About The Authors,
2013
Seattle University School of Law
Family Law,
2013
Lieblich & Grimes, P.C., Alexandria, Virginia
Family Law, Sharon K. Lieblich
University of Richmond Law Review
No abstract provided.
Table Of Contents,
2013
Seattle University School of Law
Introduction,
2013
Seattle University School of Law
Introduction, Jacqueline Mcmurtrie
Seattle Journal for Social Justice
No abstract provided.
Gideon At Fifty -- Golden Anniversary Or Mid Life Crisis,
2013
Seattle University School of Law
Gideon At Fifty -- Golden Anniversary Or Mid Life Crisis, Kim Taylor-Thompson
Seattle Journal for Social Justice
No abstract provided.
Fifty Years After Gideon: It Is Long Past Time To Provide Lawyers For Misdemeanor Defendants Who Cannot Afford To Hire Their Own,
2013
Seattle University School of Law
Fifty Years After Gideon: It Is Long Past Time To Provide Lawyers For Misdemeanor Defendants Who Cannot Afford To Hire Their Own, Robert C. Boruchowitz
Seattle Journal for Social Justice
No abstract provided.
