Resolving Conflicts Of Constitution: Inside The Dominican Republic's Constitutional Ban On Abortion,
2011
Indiana University Maurer School of Law
Resolving Conflicts Of Constitution: Inside The Dominican Republic's Constitutional Ban On Abortion, Mia So
Indiana Law Journal
No abstract provided.
Gimme Shelter,
2011
McGill University
Gimme Shelter, Robert Leckey
Dalhousie Law Journal
Highlighting the family home's significance as shelter this paper challenges the prevailing view of the demands of the equality guarantee in the Canadian Charter of Rights and Freedoms regarding unmarried cohabitants. In Nova Scotia (Attorney General) v. Walsh, the Supreme Court of Canada rejected the claim that it was discriminatory to restrict rules dividing matrimonial property to married couples. By contrast, on many views it is discriminatory to exclude cohabitants from a support obligation. Scholars and judges assume that Walsh upholds all statutory rules regarding married spouses and their property, including measures protecting the family home as shelter But Walsh …
All In The Family: Towards A New Representational Model For Parents And Children,
2011
Brooklyn Law School
All In The Family: Towards A New Representational Model For Parents And Children, Cynthia Godsoe
Faculty Scholarship
No abstract provided.
No Place For Children: Addressing Urban Blight And Its Impact On Children Through Child Protection Law, Domestic Relations Law, And "Adult-Only" Residential Zoning,
2011
William & Mary Law School
No Place For Children: Addressing Urban Blight And Its Impact On Children Through Child Protection Law, Domestic Relations Law, And "Adult-Only" Residential Zoning, James G. Dwyer
Faculty Publications
No abstract provided.
Deporting Families: Poliltical Question Or Legal Issue?,
2011
William & Mary Law School
Deporting Families: Poliltical Question Or Legal Issue?, Angela M. Banks
Faculty Publications
Last year 245,424 noncitizens were removed from the United States, and courts played virtually no role in ensuring that these decisions did not violate individual substantive rights like freedom of speech, substantive due process, or retroactivity. Had these individuals been deported from a European country, domestic and regional courts would have reviewed the decisions to ensure compatibility with these types of rights. Numerous international law scholars and immigration scholars seek to minimize the gap between the legal processes offered in the United States and Europe for noncitizens challenging deportation orders. Many of these scholars contend that greater recognition of international …
Cracks In The Cost Structure Of Agency Adoption,
2011
Louisiana State University Law Center
Cracks In The Cost Structure Of Agency Adoption, Andrea B. Carroll
Journal Articles
No abstract provided.
Fortuity And Forensic Familial Identification,
2011
University of Baltimore School of Law
Fortuity And Forensic Familial Identification, Natalie Ram
All Faculty Scholarship
On July 7, 2010, Los Angeles police announced the arrest of a suspect in the Grim Sleeper murders, so called because of a decade-long hiatus in killings. The break in the case came when California searched its state DNA database for a genetic profile similar, but not identical, to the killer’s. DNA is inherited in specific and predictable ways, so a source-excluding partial match might indicate that a close genetic relative of the matching offender was the Grim Sleeper. California’s apparent success in this case has intensified interest in policymaking for source-excluding partial matching. To date, however, little information about …
International Child Abduction And Children's Rights: Two Means To The Same End,
2011
University of Michigan Law School
International Child Abduction And Children's Rights: Two Means To The Same End, Eran Sthoeger
Michigan Journal of International Law
The Hague Convention aims to deter future abductors and demonstrate mutual respect for the laws of its member states, while presumably serving the best interests of the child. It operates as a jurisdictional mechanism by reinstating the status quo prior to the removal through the prompt return of the child to his or her place of habitual residence. This return, as clearly stated in the Hague Convention itself, bears no effect on the merits of any existing or future custody dispute between the parents. The Hague Convention demands that contracting states respect past or future decisions pertaining to custody decided …
Teens, Technology, And Cyberstalking: The Domestic Violence Wave Of The Future?,
2011
Alexander Blewett III School of Law at the University of Montana
Teens, Technology, And Cyberstalking: The Domestic Violence Wave Of The Future?, Andrew King-Ries
Faculty Law Review Articles
The American criminal justice system, (therefore), is facing a future domestic violence crisis. Unfortunately, authorities-both parents and law enforcement-tend to minimize the seriousness of violence within adolescent relationships and to minimize the seriousness of stalking. In addition, given the prevalence and embrace of technology by teenagers, criminalizing "normal" teenage behavior seems counter-productive. While an effective criminal justice system response to this problem has yet to be developed, the first step will be for parents and law enforcement to recognize the risk and take it seriously. The second step will be to "renorm" unhealthy teenage relationship norms. It is possible that …
Same Sex Marriage: Does The Constitution Or State Constitution Support Same-Sex Marriages?,
2011
University of the District of Columbia School of Law
Same Sex Marriage: Does The Constitution Or State Constitution Support Same-Sex Marriages?, Sonja Seehusen
University of the District of Columbia Law Review
No abstract provided.
Linton Reversed: Indirect Gifts And The Step Transaction Doctrine,
2011
University of Baltimore School of Law
Linton Reversed: Indirect Gifts And The Step Transaction Doctrine, Wendy G. Gerzog
All Faculty Scholarship
The Ninth Circuit recently reversed the district court’s summary judgment in favor of the government in Linton on the issues of indirect gift and the applicability of the step transaction doctrine. The circuit court’s analysis focused on the taxpayers’ donative intent. With that emphasis, the Ninth Circuit remanded the case to the district court to determine the sequence of the relevant transactions.
Belonging In America: How To Understand Same-Sex Marriage,
2011
Brigham Young University Law School
Belonging In America: How To Understand Same-Sex Marriage, Robert A. Burt
Brigham Young University Journal of Public Law
No abstract provided.
Parent, Child, Husband, Wife: When Recognition Fails, Tragedy Ensues,
2011
Brigham Young University Law School
Parent, Child, Husband, Wife: When Recognition Fails, Tragedy Ensues, Scott Fitzgibbon
Brigham Young University Journal of Public Law
No abstract provided.
Where (In The World) Do Children Belong?,
2011
Brigham Young University Law School
Where (In The World) Do Children Belong?, Annette Laquer Estin
Brigham Young University Journal of Public Law
No abstract provided.
Belonging And Trust: Divorce And Social Capital,
2011
Brigham Young University Law School
Belonging And Trust: Divorce And Social Capital, Margaret F. Brinig
Brigham Young University Journal of Public Law
No abstract provided.
Dimensions Of Aging And Belonging For The Older Person And The Effects Of Ageism,
2011
Brigham Young University Law School
Dimensions Of Aging And Belonging For The Older Person And The Effects Of Ageism, Laurence C. Nolan
Brigham Young University Journal of Public Law
No abstract provided.
Amae And Belonging—An Encounter Of The Japanese Psyche And The Waning Of Belonging In America,
2011
Brigham Young University Law School
Amae And Belonging—An Encounter Of The Japanese Psyche And The Waning Of Belonging In America, Akira Morita
Brigham Young University Journal of Public Law
No abstract provided.
A Child's Perspective Of Defining A Parent: The Case For Intended Parenthood,
2011
Brigham Young University Law School
A Child's Perspective Of Defining A Parent: The Case For Intended Parenthood, Linda D. Elrod
Brigham Young University Journal of Public Law
No abstract provided.
The Boundaries Of Belonging: Allegiance, Purpose And The Definition Of Marriage,
2011
Brigham Young University Law School
The Boundaries Of Belonging: Allegiance, Purpose And The Definition Of Marriage, Lynn D. Wardle
Brigham Young University Journal of Public Law
This article addresses an important concept theme in family law scholarship: that of belonging. This paper will address the boundaries of belonging, the need to preserve boundaries to preserve communities, particularly the community of marriage, and to protect and maintain the opportunity and value of belonging to such communities. One of the paradoxes of belonging is that the need to belong also creates a need to exclude; in order for belonging to occur, there must be boundaries, standards defining the relationship, and criteria separating members of the group from nonmembers. The boundaries of marriage must reflect the key purposes of …
Educational Justice And The Recognition Of Marriage,
2011
Brigham Young University Law School
Educational Justice And The Recognition Of Marriage, Scott Fitzgibbon
Brigham Young University Education and Law Journal
No abstract provided.
