Same-Sex Marriage, Same-Sex Cohabitation, And Same-Sex Families Around The World: Why ‘Same’ Is So Different?,
2011
American University Washington College of Law
Same-Sex Marriage, Same-Sex Cohabitation, And Same-Sex Families Around The World: Why ‘Same’ Is So Different?, Macarena Saez
Scholarly Articles in Law Reviews & Journals
This paper briefly explains the situation of same sex couples in countries that have opened marriage to individuals of the same sex, offers a summary and analysis of the status of same sex unions in several countries that have not opened marriage to same sex couples, and provides a comparative analysis of the most recurrent arguments used in the processes of recognition and denial of same sex unions in the countries reviewed.
Forty years ago, same sex couples were not legally accepted in any country. In the last thirty years, however, around 20% of the world has granted some rights …
Memorandum: Accommodating The Uccjea And The 1996 Hague Convention,
2011
University of Oklahoma College of Law
Memorandum: Accommodating The Uccjea And The 1996 Hague Convention, Robert G. Spector
Oklahoma Law Review
No abstract provided.
"Please Let Me Stay": Hearing The Voice Of The Child In Hague Abduction Cases,
2011
Washburn University School of Law
"Please Let Me Stay": Hearing The Voice Of The Child In Hague Abduction Cases, Linda Elrod
Oklahoma Law Review
No abstract provided.
The Hague Convention On Child Abduction And Unilateral Relocations By Custodial Parents: A Perspective From The United States And Europe -- Abbott, Neulinger, Zarraga,
2011
New York University School of Law
The Hague Convention On Child Abduction And Unilateral Relocations By Custodial Parents: A Perspective From The United States And Europe -- Abbott, Neulinger, Zarraga, Linda J. Silberman
Oklahoma Law Review
No abstract provided.
The Principle Of Subsidiarity Applied: Reforming The Legal Framework To Capture The Psychological Abuse Of Children,
2011
Southern Methodist University, Dedman School of Law
The Principle Of Subsidiarity Applied: Reforming The Legal Framework To Capture The Psychological Abuse Of Children, Jessica Dixon Weaver
Faculty Journal Articles and Book Chapters
Psychological abuse is the most prevalent type of child abuse. It lies at the core of child maltreatment because it is embedded in and interacts with physical and sexual abuse, as well as physical neglect. It also has a more extensive and destructive impact on the development of children than any other type of abuse. Yet, the current child protection system fails to adequately address the problem because the normative framework of the child protection system does not always include the psychological abuse of children. For the majority of states, the physical health, safety, and well-being of children are focal …
Memorandum: Accommodating The Uccjea And The 1996 Hague Convention,
2011
University of Oklahoma College of Law
Memorandum: Accommodating The Uccjea And The 1996 Hague Convention, Robert G. Spector
Faculty Articles
No abstract provided.
The Fourth Amendment Rights Of Children At Home: When Parental Authority Goes Too Far,
2011
Georgetown University Law Center
The Fourth Amendment Rights Of Children At Home: When Parental Authority Goes Too Far, Kristin N. Henning
Georgetown Law Faculty Publications and Other Works
Although it is virtually undisputed that children have some Fourth Amendment rights independent of their parents, it is equally clear that youth generally receive less constitutional protection than adults. In a search for continuity and coherence in Fourth Amendment jurisprudence involving minors, Professor Henning identifies three guiding principles—context, parental authority, and the minor’s capacity—that weave together children’s rights cases. She argues that parental authority too often prevails over children’s rights, even when context and demonstrated capacity would support affirmation of those rights. Context involves both the physical setting in which Fourth Amendment protections are sought and the nature of the …
More Therapeutic, Less Collaborative? Asserting The Psychotherapist-Patient Privilege On Behalf Of Mature Minors,
2011
University of Miami School of Law
More Therapeutic, Less Collaborative? Asserting The Psychotherapist-Patient Privilege On Behalf Of Mature Minors, Bernard P. Perlmutter
Articles
No abstract provided.
The Fundamental Question When Applying The Welfare Principle: "Who Will Be The Better Parent Or Guardian"?,
2011
Singapore Management University
The Fundamental Question When Applying The Welfare Principle: "Who Will Be The Better Parent Or Guardian"?, Siyuan Chen
Research Collection Yong Pung How School Of Law
The welfare principle – that is, when making a custody-related decision, the best interests of the child form the first and paramount consideration – is probably one of the cardinal principles of family law in many common law jurisdictions. While the welfare principle is generally considered a wide concept with no exhaustive definition or list of factors, it is submitted that there is an important question – sometimes neglected or misunderstood – that should actually feature most prominently when applying the welfare principle, particularly when joint or no order custody orders seem impossible. The question is simply that of “who …
Yours, Mine, Ours? Renovating The Antiquated Apartheid In The Law Of Property Division In Native American Divorce,
2011
University of Oklahoma College of Law
Yours, Mine, Ours? Renovating The Antiquated Apartheid In The Law Of Property Division In Native American Divorce, Vickie Enis
American Indian Law Review
No abstract provided.
Changed Embraces, Changes Embraced? Renouncing The Heterosexist Majority In Favor Of A Return To Traditional Two-Spirit Culture,
2011
University of Oklahoma College of Law
Changed Embraces, Changes Embraced? Renouncing The Heterosexist Majority In Favor Of A Return To Traditional Two-Spirit Culture, Trista Wilson
American Indian Law Review
No abstract provided.
Peaceful Penetration: Proxy Marriage, Same-Sex Marriage, And Recognition,
2011
Duke Law School
Peaceful Penetration: Proxy Marriage, Same-Sex Marriage, And Recognition, Kerry Abrams
Faculty Scholarship
No abstract provided.
"We Can Work It Out": Using Cooperative Mediation--A Blend Of Collaborative Law And Traditional Mediation--To Resolve Divorce Disputes,
2011
Touro University Jacob D. Fuchsberg Law Center
"We Can Work It Out": Using Cooperative Mediation--A Blend Of Collaborative Law And Traditional Mediation--To Resolve Divorce Disputes, Elena Langan
Scholarly Works
No abstract provided.
Children, Parents & The State: The Construction Of A New Family Ideology,
2011
Touro Law Center
Children, Parents & The State: The Construction Of A New Family Ideology, Deseriee A. Kennedy
Scholarly Works
More than twenty-five states allow courts to consider parental incarceration or conviction of a crime in determining whether to terminate parental rights. This problem is of increasing significance as a result of dramatic growth in incarceration rates, particularly among women who were often the primary and sole caretaker of their children before their imprisonment. Social scientists have recognized that the reality for parents in many communities is one of widespread and repeated incarceration, which has a devastating effect on families and communities. The problem is magnified by a failed drug policy and the Adoption and Safe Families Act, which, in …
The M Word: From Partial Coverture To Skills-Based Fiduciary Duties In Marriage,
2011
UC Hastings College of the Law
The M Word: From Partial Coverture To Skills-Based Fiduciary Duties In Marriage, Jo Carrillo
Faculty Scholarship
No abstract provided.
Give Peace A Chance: A Guide To Mediating Child Welfare Cases,
2011
St. John's University School of Law
Give Peace A Chance: A Guide To Mediating Child Welfare Cases, Jennifer Baum
Faculty Publications
(Excerpt)
Would you like to speed up your cases, achieve more satisfying results for your clients, and cut back on needlessly polarizing motion practice? Since its introduction in the 1980s, child welfare mediation has helped attorneys do just that by facilitating resolutions in child protective disputes more quickly, less contentiously, and with more acceptance from stakeholders than its courtroom alternative, adversarial litigation.
If you've handled dependency cases for any length of time, you are already familiar with the crushing caseloads, emotional volatility, and high-stakes decision-making that are the hallmarks of child welfare litigation. In a growing number of jurisdictions, attorneys …
Consumer Direction In Medicaid Long Term Care: Autonomy, Commodification Of Family Labor, And Community Resilience,
2011
American University Washington College of Law
Consumer Direction In Medicaid Long Term Care: Autonomy, Commodification Of Family Labor, And Community Resilience, Daniela Kraiem
American University Journal of Gender, Social Policy & the Law
No abstract provided.
National Report: Belgium,
2011
American University Washington College of Law
National Report: Belgium, Frederik Swennen, Yves-Henri Leleu
American University Journal of Gender, Social Policy & the Law
No abstract provided.
Transcript: Globalisation Of The Hague Children's Conventions With Emphasis On The Child Abduction Convention,
2011
University of Oklahoma College of Law
Transcript: Globalisation Of The Hague Children's Conventions With Emphasis On The Child Abduction Convention, William Duncan
Oklahoma Law Review
No abstract provided.
The Meaning Of "Habitual Residence" Under The Hague Convention On The Civil Aspects Of International Child Abduction And The Hague Convention On The Protection Of Children,
2011
University of Oklahoma College of Law
The Meaning Of "Habitual Residence" Under The Hague Convention On The Civil Aspects Of International Child Abduction And The Hague Convention On The Protection Of Children, Jeff Atkinson
Oklahoma Law Review
No abstract provided.
