Family Law Commons^™

Legislative Drafting Of The Pillars Of The Marriage Contract In The Civil Status Law Of Oman: A Comparative Study, Ahmad Yasin Alqaraleh, Mohammed Ali Al-Omari

UAEU Law Journal

This study addresses the legislative drafting of the pillars of the marriage contract under the civil status Omani law, in terms of consistency and coherence between the provisions of the law as a result of its drafting. The study found that the current drafting led to some contradictions between the provisions of the law, and that the language of some of its articles lacks the control and determination resulting in confusion in its application. As such, this study has provided a number of recommendations to remove the contradictions and conflicts between the provisions of this law

The Grounds For Divorce For Christians: A Comparative Study With Islamic Law/Shari’Ah And The Personal Status Law Of Jordan For 2010, Maher Ma’Rouf Al Naddaf, Ra'ed Ali Al Kordi

UAEU Law Journal

This study is about reasons for divorce according to Christianity in comparison to Islamic Law/Shari’ah and the New Jordanian Personal Status Law of 2010. The study includes two chapters, while the first one defines divorce and its ruling “hokom” according to Shari’ah and Christianity, the other chapter of the research studies reasons for divorce for Christians, and how Shari’ah and the Jordanian Personal Status Law interpret these reasons. The study concludes that most of the divorce reasons in Christianity are already there in Shari’ah and the Jordanian Law, which is based on this magnificent Shari’ah. It also reveals that …

Mediation Is A Means Of Settling Family Disputes: Study On The Jordanian Personal Status Law, Mohamed Khalaf Bani Salama

UAEU Law Journal

The mediation gained great interest recently by jurists and scholars in order to search for the best ways to relieve on the convict and liabilities alike, the mediation association has resulted in all fields of life, especially in family life.

This study examined about the history of mediation, identity, types, advantages and objectives of the mediation, also it talked about the mediation as an alternative means to settle family disputes in the Jordanian Personal Status Law.

The researcher found in this study that the practice of the mediation is the strongest single administration in the dispute settlement movement, and that …

The Stability Paradox: The Two-Parent Paradigm And The Perpetuation Of Violence Against Women In Termination Of Parental Rights And Custody Cases, Judith Lewis

Michigan Journal of Gender & Law

Despite changing family compositions, entrenched in family law is the antiquated idea that a two-parent household, or its approximation vis-à-vis a shared custody arrangement, promotes stability and integrity and, thus, is in the best interest of the child. Yet, the concept that the two-parent household (or shared involvement of both parents in the child’s life if the parents separate) promotes stability for the family and is best for the child is a dangerous fallacy. When rape or intimate partner violence (IPV) is present, or the re-occurrence of violence remains a threat, the family unit is far from stable.

This Article …

Goodridge V. Department Of Public Health, Same-Sex Marriage, And The Massachusetts Supreme Judicial Court As Critical Social Movement Ally, Carlo A. Pedrioli

Loyola of Los Angeles Law Review

“[I]t is circular reasoning, not analysis, to maintain that marriage must remain a heterosexual institution because that is what it historically has been.”

How Surrogacy Arrangements Fail Children, Seow Hon Tan

Research Collection Yong Pung How School Of Law

Surrogacy arrangements are not in the best interests of children. When thinking about whether to legalize surrogacy, policy makers should consider the epigenetic effects of pregnancy, the loss to the children arising from separation from their birth mothers, and the special challenges associated with parenting by commissioning parents.

Compulsory Conjugality, Erez Aloni

All Faculty Publications

What happens when the state changes the default rules that govern financial obligations between unmarried partners from opt in to opt out? Most states have an opt-in rule: unmarried partners do not take on financial obligations of one another unless they agree to do so with a contract. Nevertheless, advocates argue that an opt-out system puts the burden in the right place: unmarried couples who want to avoid default obligations should bear the burden of making contracts. A scholarly debate over the opt-in/opt-out model has raged for twenty years, but the issue is now coming to a head. Yet no …

Concession Of Custody Between Algerian And Emirati Laws: Perspective In Light Of The Aims Of The Sharia, Badreddine Berrahlia

UAEU Law Journal

The paper treats the concession of the child custody in the Algerian and UAE Laws. It explores the application of the Standards of the best child interest and the legal nature of the custody right in Islamic, Algerian and UAE law.

The research trying to evaluate the case of; the Algerian Law, UAE Law and the legal practice in the both legal systems in the concession of the custody according to the application of the Maqased (aims) Shari'a.

Compensating For The Consequences Of Refraining From Engagement In Islamic Jurisprudence, Moroccan And Comparative Legislations, Dr. Idris Al-Taleb

UAEU Law Journal

The topic of theis research deals with the engagement stage, as it is a precursor to marriage and a way to establish it properly, which ensures a good choice of spouses, and the achievement of compatibility and interdependence between them. If the engagement is merely a date for marriage and not for marriage, then each of the suitors has the right to withdraw from it, and the other party has no obligation to complete it in recognition of the principle of freedom of marriage. However, it may cause harm to the offender, the offender, who is not responsible for it, …

Navigating Surrogacy Law In The Non-United States: Why All States Should Adopt A Uniform Surrogacy Statute, Stephanie Canner

Journal of Civil Rights and Economic Development

(Excerpt)

“My water broke; the baby is coming! Come now!” Normally, a woman in labor makes this frantic phone call to her partner, who would immediately drop whatever they were doing to be by her side at the local hospital and be present to welcome their child into the world. However, this scenario is not the reality for many couples across the United States. For example, there is a New York couple who have a different story to tell their daughter about her birth. Brad Hoylman and David Sigal received a phone call a month before their baby’s due date …

Table Of Contents, Children's Legal Rights Journal

Children's Legal Rights Journal

No abstract provided.

The Strengthening Protections For Social Security Beneficiaries Act Fails To Improve Foster Youth's Awareness Of Their Federal Benefits, Abigail Mitchell

Children's Legal Rights Journal

No abstract provided.

Oral Interview: Contextualizing The Women's Rights Movement In Tunisia Through Family History, Walid Zarrad

Papers, Posters, and Presentations

In their path towards emancipation and equal rights, Tunisian women have gone through a number of phases that seem to be directly linked to legal changes and cultural factors. In fact, the Code of Personal Status (CPS) of 1956 seems to be a milestone in the women’s movement, and its following amendments continued on this path. However, it is a lot more complex than that. A piece of legislation officially passing is not a simple determinant of the state of Women’s Rights in a country.

Through Dorra Mahfoudh Draoui’s “Report on Gender and Marriage in Tunisian Society” and my interview …

Pediatric Off-Label Use Of Covid-19 Vaccines: Ethical And Legal Considerations, Elizabeth Lanphier, Shannon Fyfe

Scholarly Articles

After briefly contextualizing ethical and legal precedents regarding off-label use, we offer an analysis of the ethical permissibility of and considerations for pediatric off-label Covid-19 vaccination based on individual benefits, risks, and available alternatives. Our analysis challenges the ethics of the blanket prohibition against off-label pediatric Covid-19 vaccination in the VPA, as it blocks clinicians from providing the care they may determine to be clinically and ethically appropriate for their patient. At the same time, our analysis acknowledges that Covid-19 creates population-level ethical considerations that are at times in tension with individual health interests.

Marking Juveniles As Unfit To Parent: Terminating The Rights Of Parents Registered As Predatory Offenders In Minnesota, Kiley Eichelberger

Mitchell Hamline Law Journal of Public Policy and Practice

No abstract provided.

Does Teaching Yoga To Children In Public Schools Violate The Establishment Clause Of The First Amendment?, Sejal Singh

Children's Legal Rights Journal

No abstract provided.

Protecting Our Youth: Compiling And Sharing Model Children's Laws Will Impact Thousands Of Lives, Brenda "B." Alvarez

Children's Legal Rights Journal

No abstract provided.

Youth In Foster Care Articulate What They Need From Legal Counsel; Will Attorneys Respond?, Kerease Epps, Allison Green

Children's Legal Rights Journal

No abstract provided.

Jamaica Joins The Hague Child Abduction Treaty, Morgan Handwerker

Children's Legal Rights Journal

No abstract provided.

The Long-Term Effects Of Domestic Violence On Children, Olivia Harrison

Children's Legal Rights Journal

No abstract provided.