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Toward A Theory Of Intercountry Human Rights: Global Capitalism And The Rise And Fall Of Intercountry Adoption, Barbara Stark 2020 Hofstra University 81818app手机版下载

Toward A Theory Of Intercountry Human Rights: Global Capitalism And The Rise And Fall Of Intercountry Adoption, Barbara Stark

Indiana Law Journal

This Article proposes another mechanism for enforcement, an alternative to self-serving domestic policing and weak international bureaucracy. “Intercountry,” as opposed to “international,” human rights would apply to specific rights in specific contexts and be enforceable through the legal mechanisms and other resources of the state parties that accepted them. Intercountry adoption is a useful context in which to consider this proposal for several reasons.

First, as a practical matter, there have probably never been more babies and children in orphanages, on the street, on the market, or on their own. Yet intercountry adoptions have declined to levels not seen for ...


Table Of Contents, Seattle University Law Review 2020 Seattle University School of Law

Table Of Contents, Seattle University Law Review

Seattle University Law Review

Table of Contents


Transracial Adoptions In America: An Analysis Of The Role Of Racial Identity Among Black Adoptees And The Benefits Of Reconceptualizing Success Within Adoptions, Jessica M. Hadley 2020 William & Mary Law School 81818app手机版下载

Transracial Adoptions In America: An Analysis Of The Role Of Racial Identity Among Black Adoptees And The Benefits Of Reconceptualizing Success Within Adoptions, Jessica M. Hadley

William & Mary Journal of Race, Gender, and Social Justice

No abstract provided.


Consent In Marriage: A Radical Feminist Analysis Of Pakistani Law, Iqra Saleem Khan 2020 William & Mary Law School 81818app手机版下载

Consent In Marriage: A Radical Feminist Analysis Of Pakistani Law, Iqra Saleem Khan

William & Mary Journal of Race, Gender, and Social Justice

In Abdul Kadir v. Salima, Mahmood J summarised the nature of a Pakistani wife’s duties under Islamic Law. The nikkah contract “imposes submission on the wife when summoned to the couch and confers on him the power of correction when she is disobedient or rebellious.” Earlier, a similar pronouncement was made across the ocean in the United Kingdom by Sir Matthew Hale that through the marriage contract the “wife hath given herself to the husband, consent of which she cannot retract.” Marital rape was later recognised as an offence in the UK by the House of Lords in R ...


Corporal Punishment, Social Norms, And Norm Cascades: Examining Cross-National Laws And Trends In Homes Across The Globe, Melissa L. Breger, Lucy Sorensen, Victor Asal, Charmaine N. Willis 2020 William & Mary Law School

Corporal Punishment, Social Norms, And Norm Cascades: Examining Cross-National Laws And Trends In Homes Across The Globe, Melissa L. Breger, Lucy Sorensen, Victor Asal, Charmaine N. Willis

William & Mary Journal of Race, Gender, and Social Justice

For centuries, parents across the globe have utilized corporal punishment against children in the name of discipline. This Article is the first legal article to examine cross-national trends in child corporal punishment laws and to propose ideas for reducing its practice using the social norms approach. By examining 192 countries over a 46-year period, we shed light on emerging patterns. Additionally, by delving into countries’ self-reports regarding their compliance with the United Nations Convention on the Rights of the Child (CRC) treaty, we observe other unique patterns globally.

81818app手机版下载Notably, during the course of our empirical research and data collection (2017 ...


2nd Circuit Court Of Appeals Revives Religious Adoption Agency’S Challenge To New York Anti-Discrimination Rule, Arthur S. Leonard 2020 New York Law School

2nd Circuit Court Of Appeals Revives Religious Adoption Agency’S Challenge To New York Anti-Discrimination Rule, Arthur S. Leonard

Other Publications

No abstract provided.


Identifying Liars Through Automatic Decoding Of Children's Facial Expressions, Kaila Bruer, Sarah Zanette, Xiaopan Ding, Thomas D. Lyon, Kang Lee 2020 University of Regina 81818app手机版下载

Identifying Liars Through Automatic Decoding Of Children's Facial Expressions, Kaila Bruer, Sarah Zanette, Xiaopan Ding, Thomas D. Lyon, Kang Lee

University of Southern California Legal Studies Working Paper Series

This study explored whether children’s (N=158; 4-9 years-old) nonverbal facial expressions can be used to identify when children are being deceptive. Using a computer vision program to automatically decode children’s facial expressions according to the Facial Action Coding System, this study employed machine learning to determine whether facial expressions can be used to discriminate between children who concealed breaking a toy(liars) and those who did not break a toy(nonliars). Results found that, regardless of age or history of maltreatment, children’s facial expressions could accurately (73%) distinguished between liars and nonliars. Two emotions, surprise and ...


Order Of Encoding Predicts Young Children's Responses To Sequencing Questions, J. Zoe Klemfuss, Kelly McWilliams, Hayden M. Henderson, Alma P. Olaguez, Thomas D. Lyon 2020 University of California, Irvine

Order Of Encoding Predicts Young Children's Responses To Sequencing Questions, J. Zoe Klemfuss, Kelly Mcwilliams, Hayden M. Henderson, Alma P. Olaguez, Thomas D. Lyon

University of Southern California Legal Studies Working Paper Series

81818app手机版下载We propose that young children exhibit an order of encoding bias, such that they are inclined to report or act out events in the order in which they were originally encoded. This bias helps to explain why children assume that events they first hear described are in chronological order and why they often appear to understand “after” better than “before” when they are questioned about experienced events. Asking children about a sequence of events as a whole (in particular using “first”) could avoid order of encoding biases, because children would not have to answer questions about events within the sequence ...


Forensic Interviewers' Difficulty With Invitations: Faux Invitations And Negative Recasting, Hayden M. Henderson, Natalie Russo, Thomas D. Lyon 2020 University of Southern California, Gould School of Law

Forensic Interviewers' Difficulty With Invitations: Faux Invitations And Negative Recasting, Hayden M. Henderson, Natalie Russo, Thomas D. Lyon

University of Southern California Legal Studies Working Paper Series

81818app手机版下载An ongoing challenge for forensic interviewers is to maximize their use of invitations, such as requests that the child “tell me more about” details mentioned by the child. Examining 434 interviews with 4- to 12-year-old children questioned about abuse, this study analyzed (1) faux invitations, in which interviewers prefaced questions with “tell me” but then asked a non-invitation, (2) negative recasts, in which interviewers started to ask an invitation but then recast the question as a wh- or option-posing question and (3) other aspects of questions that may relate to productivity independent of their status as invitations. About one fourth ...


Blockchain Wills, Bridget J. Crawford 2020 Pace University School of Law

Blockchain Wills, Bridget J. Crawford

Indiana Law Journal

Blockchain technology has the potential to radically alter the way that people have

executed wills for centuries. This Article makes two principal claims—one

81818app手机版下载descriptive and the other normative. Descriptively, this Article suggests that

traditional wills formalities have been relaxed to the point that they no longer serve

the cautionary, protective, evidentiary, and channeling functions that scholars have

used to justify strict compliance with wills formalities. Widespread use of digital

81818app手机版下载technology in everyday communications has led to several notable cases in which

individuals have attempted to execute wills electronically. These wills have had a

mixed reception. Four states currently recognize ...


Limited Scope Lottery: Playing The Odds On Your Ability To Withdraw, Lianne S. Pinchuk 2020 Brooklyn Law School

Limited Scope Lottery: Playing The Odds On Your Ability To Withdraw, Lianne S. Pinchuk

Brooklyn Law Review

Limited scope representation, also called unbundled representation, has become widespread and widely used over the past three decades. While the American Bar Association has amended its model rules to expressly permit such representation, it failed to amend its model rules governing withdrawal. Some states have been more proactive than others in confronting potential withdrawal issues in limited scope representation. Those states that have attempted to remedy the withdrawal/termination issues have created specific rules governing limited scope engagements allowing for easier withdrawal by attorneys in such matters. Neither New York nor the American Bar Association have promulgated rules (or model ...


Children In Foster Care: The Odds Are Against Them, Shawna Doughman 2020 Golden Gate University School of Law 81818app手机版下载

Children In Foster Care: The Odds Are Against Them, Shawna Doughman

GGU Law Review Blog

Most child welfare reports that lead to removal of children from their homes are filed for neglect rather than abuse. Often, their parents want to take care of them, but are failing for one reason, or for many. Nonetheless, the lion’s share of the $30 billion annual budget of state and federal child welfare funding goes overwhelmingly to foster care and adoption services which remove the children from their parents, instead of to helping those families care for their own children.

THE S


Contracts And The Constitution In Conflict: Why Judicial Deference To Religious Upbringing Clauses Infringes On The First Amendment, Elica Zadeh 2020 Pepperdine University

Contracts And The Constitution In Conflict: Why Judicial Deference To Religious Upbringing Clauses Infringes On The First Amendment, Elica Zadeh

Pepperdine Law Review

81818app手机版下载When a Hasidic person files for divorce under New York law, either party to the marriage may invoke a declaratory judgment action to establish certain rights in a settlement agreement. If children are involved, such an agreement may include a religious upbringing clause, dictating that the child is to be raised in accordance with their then-existing religion—Hasidism. Deviation from the contract risks removal from the aberrant parent who intentionally or unwittingly allows the child to wane into secularism. Although the child’s best interest is the cornerstone of custodial analysis, a problem emerges when his or her best interest ...


Men's Reproductive Rights: A Legal History, Mary Ziegler 2020 Pepperdine University

Men's Reproductive Rights: A Legal History, Mary Ziegler

Pepperdine Law Review

This Article offers the first legal history of men’s procreative rights, filling a gap in scholarship on assisted reproduction, constitutional law, and social movements. A rich literature addresses women’s procreative rights in contexts from abortion to infertility. By comparison, we know relatively little about the history of the debate about reproductive rights for men. This void is particularly troubling at a time when the law of reproductive rights is increasingly up for grabs, especially in the context of assisted reproduction technologies (ART). Men’s rights advocates—and the abortion-rights supporters responding to them—championed a jurisprudential approach to ...


Rwu Law News: The Newsletter Of Roger Williams University School Of Law 06-2020, Roger Williams University School of Law, Michael M. Bowden, Katie Mulvaney 2020 Roger Williams University School of Law

Rwu Law News: The Newsletter Of Roger Williams University School Of Law 06-2020, Roger Williams University School Of Law, Michael M. Bowden, Katie Mulvaney

Life of the Law School (1993- )

No abstract provided.


Indian Child Welfare Act Annual Case Law Update And Commentary, Kathryn Fort, Adrian T. Smith 2020 Michigan State University College of Law 81818app手机版下载

Indian Child Welfare Act Annual Case Law Update And Commentary, Kathryn Fort, Adrian T. Smith

American Indian Law Journal

Annually there is an average of 200 appellate cases dealing with the Indian Child Welfare Act (ICWA) —though this includes published and unpublished opinions.[1] Since our first annual review of the case law in 2017, the numbers remain stable. There are approximately thirty reported state appellate court cases involving ICWA each year. This annual review is the only systematic look at the ICWA cases on appeal, including an analysis of who is appealing, what the primary issues are on appeal, and what topical trends are.

This article provides a comprehensive catalogue of published ICWA cases from across all fifty ...


Law School News: The Honorable Margaret H. Marshall: Doctor Of Laws, Honoris Causa 05-10-2020, Roger Williams University School of Law 2020 Roger Williams University

Law School News: The Honorable Margaret H. Marshall: Doctor Of Laws, Honoris Causa 05-10-2020, Roger Williams University School Of Law

Life of the Law School (1993- )

81818app手机版下载No abstract provided.


Young Children's Ability To Describe Intermediate Clothing Placement, Breanne E. Wylie, Stacia N. Stolzenberg, Kelly McWilliams, Angela Evans, Thomas D. Lyon 2020 Brock University

Young Children's Ability To Describe Intermediate Clothing Placement, Breanne E. Wylie, Stacia N. Stolzenberg, Kelly Mcwilliams, Angela Evans, Thomas D. Lyon

University of Southern California Legal Studies Working Paper Series

Children’s ability to adequately describe clothing placement is essential to evaluating their allegations of sexual abuse. Intermediate clothing placement (partially removed clothing) may be difficult for young children to describe, requiring more detailed explanations to indicate the location of clothing (e.g., the clothes were pulled down to the knees). The current study investigated 172 3- to 6-year-olds’ descriptions of clothing placement when responding to commonly used questions (yes/no, forced-choice, open-choice, where), as well as children’s on-off response tendencies when describing intermediate placement (i.e.., labeling the clothing as fully on or off). Results revealed that "where ...


The Place Of Empirical Studies, F.H. Buckley 2020 Antonin Scalia Law School, George Mason University

The Place Of Empirical Studies, F.H. Buckley

Notre Dame Law Review

81818app手机版下载It was chance that brought Peg Brinig to George Mason University School of Law, and curiosity that took her to a law-and-economics and then to empirical research. She realized that only the curious would be able to keep up to new things, and that law teaching, not journalism, was the profession of the curious.

At the time, it took not only curiosity, but also a certain measure of courage to embark on law and economics. Traditional legal scholars correctly surmised that it would shake up the discipline, and that is never a pleasant experience. Conservatives who were fond of saying ...


In Defense Of Empiricism In Family Law, Elizabeth S. Scott 2020 Columbia Law School

In Defense Of Empiricism In Family Law, Elizabeth S. Scott

Notre Dame Law Review

It is fitting to include an essay defending the application of empirical research to family law and policy in a symposium honoring the scholarly career of Peg Brinig, who is probably the leading empiricist working in family law. While such a defense might seem unnecessary, given the expanding role of behavioral, social, and biological research in shaping the regulation of children and families, prominent scholars recently have raised concerns about the trend toward reliance on empirical science in this field. A part of the criticism is directed at the quality of the science itself and at the lack of sophistication ...