Assessment Of The Jury System For The Ninth Judicial Circuit Court, Michigan,
2012
National Center for State Courts
Assessment Of The Jury System For The Ninth Judicial Circuit Court, Michigan, Paula Hannaford-Agor, Daniel J. Hall
Faculty Publications
Under a contract between the Ninth Judicial Circuit Court of Michigan and the National Center for State Courts (NCSC), the NCSC Center for Jury Studies conducted an assessment of jury operations in the circuit and district courts, particularly focused on the extent to which jury pools in those respective courts reflect a fair cross section of the community, to identify factors that may affect the demographic composition of the jury pool, and to make recommendations to improve representation as necessary. The Ninth Judicial Circuit Court employs a one-step process to summon and qualify jurors for the countywide circuit court in …
Marriage Fraud,
2012
Duke Law School
Marriage Fraud, Kerry Abrams
Faculty Scholarship
This Article examines the astonishing array of doctrines used to determine what constitutes marriage fraud. It begins by locating the traditional nineteenth-century annulment-by-fraud doctrine within the realm of contract fraud, observing that in the family law context fraudulent marriages were voidable solely at the option of the injured party. The Article then explains how, in the twentieth century, a massive expansion of public benefits tied to marriage prompted new marriage fraud doctrines to develop in various areas of the law, shifting the concept of the injured party from the defrauded spouse to the public at large. It proposes a framework …
A Law Clinic Systems Theory And The Pedagogy Of Interaction: Creating Legal Learning System,
2012
University of Missouri - Kansas City, School of Law
A Law Clinic Systems Theory And The Pedagogy Of Interaction: Creating Legal Learning System, Patrick C. Brayer
Faculty Works
This article introduces a clinical systems approach that reframes professional experience as an interaction with a professional environment. The article encourages clinical faculty and other legal educators to contemplate the pedagogy of systemic interaction when teaching from experience and to then expand professional interactive opportunities within the short period of student participation. Clinical systems theory operates on the premise that students should reframe how they look at their surroundings so that the challenges that make up their professional system are not seen as problems but as means to a solution. Reframing by the student is realized in a clinical system …
Achieving Reproductive Justice In The International Surrogacy Market,
2012
Barry University
Achieving Reproductive Justice In The International Surrogacy Market, Seema Mohapatra
Faculty Scholarship
Men and women are increasingly seeking surrogacy arrangements outside of their home country, mainly due to legal restrictions or the high cost of surrogacy in their home countries. Global surrogacy raises numerous issues including the economic status of women involved in surrogacy arrangements, poverty, issues related to what motherhood means and how women from different ethnic, socioeconomic, class, and national backgrounds interact in the global surrogacy market. This essay analyzes whether reproductive justice exists in the current international surrogacy market. Reproductive justice refers to the normative concept that all women, regardless of their ethnic, racial, national, social, or economic backgrounds, …
We, The Judges: The Legalized Subject And Narratives Of Adjudication In Reality Television, 81 Umkc L. Rev. 1 (2012),
2012
John Marshall Law School
We, The Judges: The Legalized Subject And Narratives Of Adjudication In Reality Television, 81 Umkc L. Rev. 1 (2012), Cynthia D. Bond
UIC Law Open Access Faculty Scholarship
At first a cultural oddity, reality television is now a cultural commonplace. These quasi-documentaries proliferate on a wide range of network and cable channels, proving adaptable to any audience demographic. Across a variety of types of "reality" offerings, narratives of adjudication replete with "judges," "juries," and "verdicts"-abound. Do these judgment formations simply reflect the often competitive structure or subtext of reality TV? Or is there a deeper, more constitutive connection between reality TV as a genre and narratives of law and adjudication? This article looks beyond the many "judge shows" popular on reality TV (e.g., Judge Judy') to examine the …
Educating Lawyers For Community,
2012
University of Miami School of Law
Educating Lawyers For Community, Anthony V. Alfieri
Articles
This Essay is part of an ongoing classroom study and clinical service project addressing the mindful education of law students and the civic training of lawyers. Its purpose is to build a pedagogy of community and public citizenship within an outcome-based, rotation curricular model of legal education sketched out by commonly allied scholars in prior work here in the Wisconsin Law Review and elsewhere. The Essay seeks to advance this earlier curricular work by integrating ethics, education and psychology, and law and religion into a cohesive pedagogical approach to civic professionalism and community engagement. From the springboard of integration next …
Book Review: Families And The Law: Cases And Commentary By Mary Jane Mossman,
2012
The Peter A. Allard School of Law
Book Review: Families And The Law: Cases And Commentary By Mary Jane Mossman, Susan Boyd
Canadian Journal of Family Law
No abstract provided.
Elder Exploitation Through Predatory Marriage,
2012
The Peter A. Allard School of Law
Elder Exploitation Through Predatory Marriage, Dorota Miler
Canadian Journal of Family Law
The paper exposes a pattern of exploitation wherein financially motivated caregivers manipulate elders into marrying them to access and, subsequently, to inherit their estate. The article presents, analyzes and defines a case of predatory marriage. Further, it critically considers suggestions proposed by Canadian scholars and provides an alternative remedy, developed through comparative study of Canadian, Californian and German law. Through the paper, the author intends to inspire further, fruitful debate.
Autonomous Motherhood And The Law: Exploring The Narratives Of Canada’S Single Mothers By Choice,
2012
The Peter A. Allard School of Law
Autonomous Motherhood And The Law: Exploring The Narratives Of Canada’S Single Mothers By Choice, Fiona Kelly
Canadian Journal of Family Law
In the past three decades, single mothers by choice (SMCs) have emerged as a new and rapidly growing component of Canada's single mother population. SMCs are women who choose to have a child, usually via some form of assisted conception, with the intention that they be their child's sole parent. While SMCs are part of an increasing number of non-normative family configurations in Canada, they pose some unique social and legal questions. However, unlike some other non-normative families, such as lesbian and gay families, SMCs have received very little academic attention and almost none pertaining to the role of law …
Book Review: Not The Marrying Kind: A Feminist Critique Of Same-Sex Marriage By Nicola Barker,
2012
The Peter A. Allard School of Law
Book Review: Not The Marrying Kind: A Feminist Critique Of Same-Sex Marriage By Nicola Barker, Gillian Calder
Canadian Journal of Family Law
No abstract provided.
If Female, Skip To Question #23,
2012
University of Michigan Law School
If Female, Skip To Question #23, James Santiago
University of Michigan Journal of Law Reform Caveat
The requirement that only men register with the Selective Service System is in need of reform for many reasons. One reason that has largely been unexplored is the public’s disconnect with the military and the recent wars in Iraq and Afghanistan. Women are actively engaged in those wars in our all-volunteer force, but women are not required to register with the Selective Service. Failure to register can have tremendous legal consequences for men, such as ineligibility for student loans with an answer of “no” to question #22 on the Free Application for Federal Student Aid (FAFSA). There are many consequences …
State Standing To Challenge Ultra Vires Federal Action: The Health Care Cases And Beyond,
2012
University of Florida Levin College of Law
State Standing To Challenge Ultra Vires Federal Action: The Health Care Cases And Beyond, Timothy Sandefur
University of Florida Journal of Law & Public Policy
No abstract provided.
Unauthorized Practice Of Law And Cpas: A Law Of The Lawyers, By The Lawyers, For The Lawyers,
2012
University of Florida Levin College of Law
Unauthorized Practice Of Law And Cpas: A Law Of The Lawyers, By The Lawyers, For The Lawyers, Adam J. Smith
University of Florida Journal of Law & Public Policy
No abstract provided.
The Lawmaking Family,
2012
Elisabeth Haub School of Law at Pace University
The Lawmaking Family, Noa Ben-Asher
Elisabeth Haub School of Law Faculty Publications
Increasingly there are conflicts over families trying to "opt out" of various legal structures, especially public school education. Examples of opting-out conflicts include a father seeking to exempt his son from health education classes; a mother seeking to exempt her daughter from mandatory education about the perils of female sexuality; and a vegetarian student wishing to opt out of in-class frog dissection. The Article shows that, perhaps paradoxically, the right to direct the upbringing of children was more robust before it was constitutionalized by the Supreme Court in Meyer v. Nebraska (1923) and Pierce v. Society of Sisters (1925). In …
Taking, Tort, Or Crown Right?: The Confused Early History Of Government Patent Policy, 12 J. Marshall Rev. Intell. Prop. L. 145 (2012),
2012
UIC School of Law
Taking, Tort, Or Crown Right?: The Confused Early History Of Government Patent Policy, 12 J. Marshall Rev. Intell. Prop. L. 145 (2012), Sean M. O'Connor
UIC Review of Intellectual Property Law
From the early days of the Republic, Congress and the federal courts grappled with the government’s rights to own or use patents it issued. Courts rejected the British “Crown Rights” rule that allowed the sovereign to practice whatever patents it issued. Instead, the federal government was conceptualized as a legal person on par with any other persons with regard to issued patents. But, this simple rule presented challenges as complexities arose in three intertwined patent rights scenarios. The first involved inventions by government employees. The second revolved around government and government contractor use of patents held by private citizens. And …
Region Codes And Human Rights,
2012
University of Connecticut School of Law
Region Codes And Human Rights, Molly Land
Faculty Articles and Papers
This essay considers what Professor Peter Yu’s article on DVD region coding, “Region Codes and the Territorial Mess,” illustrates about the challenges associated with using human rights law to respond to limitations on access to knowledge. The kind of activity that Professor Yu points to — the decisions of corporate actors pursuing their own interests that have significant unanticipated effects on individual rights — presents a recurring and thorny problem for those concerned about expression and culture today. At what point do these burdens constitute a human rights violation that can and should be regulated by the state? The essay …
The Once And Future Networked Self,
2012
University of Connecticut School of Law
The Once And Future Networked Self, Steven Wilf
Faculty Articles and Papers
No abstract provided.
Choosing Among Innocents: Should Donations To Charities Be Protected From Avoidance As Fraudulent Transfers?,
2012
University of Florida Levin College of Law
Choosing Among Innocents: Should Donations To Charities Be Protected From Avoidance As Fraudulent Transfers?, Jeffrey Davis
University of Florida Journal of Law & Public Policy
No abstract provided.
A Fresh Cut In An Old Wound—A Critical Analysis Of The Trayvon Martin Killing: The Public Outcry, The Prosecutors' Discretion, And The Stand Your Ground Law,
2012
St. Thomas University School of Law
A Fresh Cut In An Old Wound—A Critical Analysis Of The Trayvon Martin Killing: The Public Outcry, The Prosecutors' Discretion, And The Stand Your Ground Law, Tamara F. Lawson
University of Florida Journal of Law & Public Policy
No abstract provided.
Dodd-Frank: Frankly An Inefficient Form Of Corporate Governance,
2012
University of Florida Levin College of Law
Dodd-Frank: Frankly An Inefficient Form Of Corporate Governance, Matthew H. Nemeroff
University of Florida Journal of Law & Public Policy
No abstract provided.
