Gal-On V. Attorney General (Summary),
2012
Supreme Court of Israel
Gal-On V. Attorney General (Summary), Eliezer Rivlin, Asher Grunis, Miriam Naor, Elyakim Rubinstein, Hanan Melcer, Neal Hendel, Dorit Beinisch, Edmond E. Levy, Edna Arbel, Salim Joubran, Esther Hayut
Translated Opinions
By a majority of six justices out of a panel of eleven, the High Court of Justice rejected petitions challenging the constitutionality of the Citizenship and Entry to Israel Act. The majority justices acknowledged there was a constitutional right for family life, which derives from the right to human dignity, but held that the scope of the right does not extend to realizing the right specifically in Israel. It was also held that to the extent that constitutional rights have been violated, including the right to equality, it is a violation that passes muster under the test of the Limitations …
American Indian Women And Sexual Assault: Challenges And New Opportunities,
2012
University of Nebraska-Lincoln
American Indian Women And Sexual Assault: Challenges And New Opportunities, Angela R. Gebhardt, Jane D. Woody
Center on Children, Families, and the Law: Faculty Publications
This article informs social workers about sexual violence against American Indian and Alaskan Native (AI/AN) women and the policy reforms in the 2010 Tribal Law and Order Act (TLOA). It describes the unmet needs of AI/AN survivors, reviews the TLOA reforms on sexual assault in relation to social work and public health principles, discusses the complementary roles for social workers and public health practitioners in reform efforts, and offers guidance for professional participation that emphasizes tribal sovereignty, indigenous capacity, and cultural competence.
It's Complicated: Privacy And Domestic Violence,
2012
IIT Chicago-Kent College of Law
It's Complicated: Privacy And Domestic Violence, Kimberly D. Bailey
All Faculty Scholarship
This Article challenges the notion that there is no role for privacy in the domestic violence context. Privacy is a complicated concept that has both positive and negative aspects, and this Article examines the value that more privacy could provide for domestic violence victims. While privacy was historically used as a shield for batterers, more privacy for domestic violence victims could protect their personhood, ensuring that they are treated with dignity and respect. In addition, current mandatory criminal justice policies have become so intrusive in many victims’ lives that limitations are needed to prevent the threat of state abuse. These …
Disabled Kids And Their Moms: Caregivers And Horizontal Equity,
2012
University of Maryland School of Law
Disabled Kids And Their Moms: Caregivers And Horizontal Equity, Karen S. Czapanskiy
Faculty Scholarship
No abstract provided.
Clinical Cognitive Dissonance: The Values And Goals Of Domestic Violence Clinics, The Legal System, And The Students Caught In The Middle,
2012
University of Maryland Francis King Carey School of Law
Clinical Cognitive Dissonance: The Values And Goals Of Domestic Violence Clinics, The Legal System, And The Students Caught In The Middle, Leigh S. Goodmark
Faculty Scholarship
No abstract provided.
Surviving Castle Rock: The Human Rights Of Domestic Violence,
2012
University of Maryland Francis King Carey School of Law
Surviving Castle Rock: The Human Rights Of Domestic Violence, Max D. Siegel
Student Articles and Papers
In 2005, the Supreme Court of the United States decided Town of Castle Rock v. Gonzales and held that Jessica Gonzales did not have a constitutional right to police enforcement of a restraining order. The decision highlighted the Court’s reluctance to recognize citizens’ affirmative rights, fortifying a deeply ingrained conceptualization of the Constitution of the United States as a “Negative Constitution” that creates a government with restraints on its actions and extremely limited obligations to its citizens. In August 2011, the Inter-American Commission on Human Rights released a report publicizing its finding that by failing to take affirmative measures to …
My Daddy's Name Is Donor: Evaluating Sperm Donation Anonymity And Regulation,
2012
University of Richmond
My Daddy's Name Is Donor: Evaluating Sperm Donation Anonymity And Regulation, Mark Ballantyne
Richmond Journal of Law and the Public Interest
In Part I, this comment explores the debate on anonymous sperm donation and the current law in the United States. Part II surveys new developments in the regulation of sperm donation internationally and domestically. Part III reviews "My Daddy's Name is Donor" and how its findings relate to the anonymity debate. Part IV concludes with suggestions regarding the national registry and future regulation of sperm donation in the United States.
Surrogate Decision-Making Standards For Guardians: Theory And Reality,
2012
Valparaiso University School of Law
Surrogate Decision-Making Standards For Guardians: Theory And Reality, Linda S. Whitton, Lawrence A. Frolik
Law Faculty Publications
This Article examines the theoretical and practical implications of the substituted judgment and best interest standards for decision making by guardians. After providing an overview of the current decision-making standards in guardianship statutes, the Article synthesizes theoretical debates about what these standards mean and whether they provide an effective paradigm for surrogate decision makers. The authors then use new survey data to offer conclusions about the degree to which the substituted judgment and best interest standards are understood and meaningfully applied by guardians.
Consumer Rights Screening Tool For Domestic Violence Advocates And Lawyers,
2012
University of New Hampshire School of Law
Consumer Rights Screening Tool For Domestic Violence Advocates And Lawyers, Leah A. Plunkett, Erica A. Sussman
Law Faculty Scholarship
The information is this document is intended for use by advocates and attorneys working with survivors of domestic violence in understanding the common types of consumer problems faced by the survivors. The document provides an overview of the common consumer issues faced by survivors and offers solid guidance on how advocates and attorneys can identify these issues when working the survivors. The report begins with an overview of the role of economic abuse in cases of domestic violence. This is followed by a brief look at common consumer issues faced by survivors that include managing household income and expenses, credit …
Beyond Family Law,
2012
Wayne State University
Beyond Family Law, Sarah Abramowicz
Law Faculty Research Publications
Family law has traditionally been treated as an exceptional field, a marginalized and special case in which the usual rules of the legal canon do not apply. This Article argues that the current challenge to family-law exceptionalism has been largely one way, to the detriment of a central concern of family law: the protection of children and of the parent-child relationship. Family-law scholars have focused primarily on whether and how to import the tools and insights of other areas of law into the zone of family relations, while largely overlooking the possibility that the tools and insights of family law …
The Legal Regulation Of Gay And Lesbian Families As Interstate Immigration Law,
2012
Wayne State University
The Legal Regulation Of Gay And Lesbian Families As Interstate Immigration Law, Sarah Abramowicz
Law Faculty Research Publications
No abstract provided.
The Upc Substituted Judgment/Best Interest Standard For Guardian Decisions: A Proposal For Reform,
2012
Valparaiso University School of Law
The Upc Substituted Judgment/Best Interest Standard For Guardian Decisions: A Proposal For Reform, Lawrence A. Frolik, Linda S. Whitton
Law Faculty Publications
The introduction in 1997 of "substituted judgment" as a guiding principle for guardian decisions was a key contribution of the UPC to guardianship reform. The current UPC section 5-314(a) instructs guardians to "consider the expressed desires and personal values of the ward" when making decisions and to "at all times...act in the ward's best interest." This dual mandate for guardian decisions was intended to promote the self-determination interests of incapacitated adults. This article argues that in practice the standard has failed to achieve this goal. It analyzes the shortcomings of UPC Section 5-314(a) and other statutory decision-making standards and offers …
Regulating At The Margins: Non-Traditional Kinship And The Legal Regulation Of Intimate And Family Life,
2012
Florida State University College of Law
Regulating At The Margins: Non-Traditional Kinship And The Legal Regulation Of Intimate And Family Life, Courtney Megan Cahill
Scholarly Publications
This Article offers a new theory of how the law attempts to control intimate and family life and uses that theory to argue why certain laws might be unconstitutional. Specifically, it contends that by regulating non-traditional relationships and practices that receive little or no constitutional protection— same-sex relationships, domestic partnerships, de facto parenthood, and nonsexual procreation—the law is able to express its normative ideals about all marriage, parenthood, and procreation. By regulating non-traditional kinship, then, the law can be aspirational in a way that the Constitution would ordinarily prohibit and can attempt to channel all of us in ways that …
Between Tradition And Progress: A Comparative Perspective On Polygamy In The United Satates And India,
2012
Florida International University
Between Tradition And Progress: A Comparative Perspective On Polygamy In The United Satates And India, Cyra Akila Choudhury
Faculty Publications
Both the United States and India have had longstanding experiences with polygamy and its regulation. In the United States, the dominant Protestant majority has sought to abolish Mormon practices of polygamy through criminalization. Moreover, the public policy exception has been used to deny recognition of plural marriages conducted legally elsewhere. India’s approach to polygamy regulation and criminalization has been both similar to and different from that of the United States. With a sizable Muslim minority and a legal framework that recognizes religious law as family law, India recognizes polygamy in the Muslim minority community. However, it has criminalized it in …
Adolescents In Society: Their Evolving Legal Status, Introduction,
2012
Brooklyn Law School
Adolescents In Society: Their Evolving Legal Status, Introduction, Cynthia Godsoe
Faculty Scholarship
No abstract provided.
Just Intervention: Differential Response In Child Protection,
2012
Brooklyn Law School
Just Intervention: Differential Response In Child Protection, Cynthia Godsoe
Faculty Scholarship
No abstract provided.
Recognizing The Right To Petition For Victims Of Domestic Violence,
2012
University of Denver
Recognizing The Right To Petition For Victims Of Domestic Violence, Tamara L. Kuennen
Sturm College of Law: Faculty Scholarship
Like any citizen, a victim of domestic violence (DV) may call the police for help when she needs it. And yet, when a victim calls the police, she not only seeks law enforcement assistance but also invokes her constitutional right to seek one of the most fundamental services the government can provide—protection from harm. That right, recently described by the Supreme Court as “essential to freedom,” is the right “to petition the Government for a redress of grievances” guaranteed by the First Amendment. This Article argues that a combination of law and policy initiatives produces negative collateral consequences for DV …
Nature And Nurture: Revisiting The Infant Adoption Process,
2012
Elisabeth Haub School of Law at Pace University
Nature And Nurture: Revisiting The Infant Adoption Process, Barbara L. Atwell
Elisabeth Haub School of Law Faculty Publications
Adopted children constitute approximately two percent of the United States' childhood population, but are disproportionately represented in mental health settings, where they make up an estimated four to fifteen percent of the population. Science suggests that for those adopted at birth, this discrepancy may be due in part to their abrupt removal from the biological parents. We are now beginning to understand the importance of the bonding that takes place in utero and the infant's awareness at birth. This article suggests three changes to the infant adoption process to align it with scientific knowledge. First, all adults involved in the …
Not The Marrying Kind: A Feminist Critique Of Same-Sex Marriage/Reconstructing Marriage: The Legal Status Of Relationships In A Changing Society (Book Review),
2012
Brooklyn Law School
Not The Marrying Kind: A Feminist Critique Of Same-Sex Marriage/Reconstructing Marriage: The Legal Status Of Relationships In A Changing Society (Book Review), Yuvraj Joshi
Faculty Scholarship
No abstract provided.
Mère,
2012
Allard School of Law at the University of British Columbia
Mère, Régine Tremblay
All Faculty Publications
Qu'est-ce qu'une mère en droit? Cette entrée encyclopédique explore de manière critique et transsystémique la notion de mère en droit, à la lumière des deux grandes traditions juridiques canadiennes.
