Abstract In this article, the writer expands on the belief that the most dominatingaspect of familylaw is that it pertains to the domestic sphere. Further, the writer examines the repercussions of this domestic aspect of familylaw. The writer notes that one can see that the dominantaspect of Canadian familylaw with regard to both divorce and common law couples has changed. Moreover, this was also the dominantaspect with regard to the very nature of families, in that same-sex relationships have been legitimized to the full extent of the law. The writer points out that the last-mentioned change is certainly the most dramatic, setting Canada ahead of social trends in most countries, and illustrating perhaps most clearly of all how much Canadian familylaw has changed.
From the Paper "Another aspect of family law that has been dominated by change has been the important sphere of divorce law. Boyd points out that at the beginning of the 20th century, people rarely divorced. However, a century later, divorce has become common-place. In fact, in many Canadian class rooms, there are more children from "broken" families than from intact families. As the century progressed, people became more willing to break their marriage vows and start over. Also, as divorce become more and more commonplace, people began to feel less guilt and failure about getting a divorce. Moreover, it is now a more secular time, and many people simply do not take their church vows as seriously. Canadian family law seems to have recognized this softening of social attitudes towards divorce, because it has made a series of changes to divorce law. Perhaps the most salient change has been that it has become much easier to obtain a divorce, particularly with the introduction of the concept of so-called "no-fault" divorce."
Abstract This paper addresses the issue of arbitration in the familylaw sphere. It purports to determine when and how arbitration should be used in the familylaw scheme. The paper also considers whether it is advisable to utilize arbitration in familylaw scenarios. A number of scenraios are presented concerning when it is advisable to utilize arbitration in familylaw disputes. The paper contains figures and copies of original sources.
Table of Contents:
Introduction
Arbitration
Depends On...
Mediation
Compared to Going to Court...
Challenges in Arbitration
Considerations
The Issue of Arbitration in FamilyLaw FamilyLaw What the American Family Needs?
Custody and Support
Divorce
Arbitration's Flexibility
Michigan Supreme Court
When Disputing Parties "Click"
Conclusion
Like an Hourglass...
From the Paper "Today, some disputing parties may now begin to find that a resolution is only a click away. Not only can online mediation or arbitration offer physical distance that may be needed to help settle emotional disputes between parties who cannot even bear to look at each other; it may also contribute to decreasing arbitration costs. Robert Ketcham, a Maryland mediator who lives in Easton, Md., of Lifebridge Mediation Services, hosted a dispute resolutions where estranged family members logged on to an online conference from separate locations. From another location, a mediator monitored the two parties' exchanges and then listened to feedback from ach family member."
Abstract This paper examines Islamic precepts which allow nursing relations between a child and a wet nurse to be treated similarly to blood relations. The paper explores the historical roots of this curious situation as well as the impact of this feature of traditional Islamic law upon relations between the wet nurse and the child, between married couples and between the biological mother and her child. The paper further discusses the negative impact of such a law upon biological mothers. The paper concludes by noting how this curious feature of Islam can be interpreted as revealing much about the status of Muslim women as well as the advantageous status of Muslim men.
A discussion on whether the legal institution of marriage remains fundamentally important in familylaw, or whether the law is now based upon a wider concept of family.
Abstract Different forms and definitions of family may have found greater acceptance in modern society but marriage still stands as the supreme form of family relations. This essay discusses how the concept of family has evolved over time, from the formalist conception to the subjective approach and how cohabitation is increasingly undermining the traditional concept of the family.
Outline
Introduction
Marriage and the Law What Makes Marriage Special under the Law?
Privileges of Marriage
Conclusion
From the Paper "Unlike mere cohabitation and other forms living arrangements, marriage provides greater security. As soon as the marriage takes places, operations of law automatically applies to the couple, thus, affording both parties and their children greater protection. "The current law affecting cohabitation fails to provide people with adequate protection, particularly on relationship breakdown." Children of married couples enjoy more security as the Court can order the re-distribution of finances of couples in cases of divorce, based on the doctrine of equitable contributions set out in the case of Midlandbank v Cooke (1995). Under the Matrimonial Causes Act 1973, the Court can assess maintenance payments and adjust spouses' interest in property. "
Abstract The paper explains the Hanafi school of law and how its creation is the basis for Islamic familylaw. The paper discusses the central philosophy of the Hanafi school and Islamic law and examines the changes in the law due to modern legislation.
From the Paper "Hanafi Law founded in eighth-century Iraq by students of Abu Hanifa focused on the Koranic foundations of public and private interrelationships and how those relationships should be regulated. The central philosophy of the Hanafi school was that human reason should be used to interpret the word of God and Hanafi writings drew their authority from the opinions of Islamic jurists as well as from varied local practice, thereby forming the basis for an incipient legal code."
Abstract The paper discusses how the province of Ontario was recently the site for a significant struggle between the values of secular and religious cultures when it was proposed that Islamic sharia law join Catholicism and Judaism as a basis for familylaw arbitration. The paper examines how, in September 2005, the McGuinty government, after a long public debate, decided that neither Islamic sharia nor any other religion would be used as the basis for arbitration under Ontario law.
Abstract This paper examines the futility of seeking court orders for shared parenting as a parent's right as opposed to seeking more child-focused options, particularly when familylaw disputes are so often embedded in feelings of personal loss over the failure of intimate relationships.
From the Paper "Chief Justice Nicholson calls the Family Law a blunt instrument for dealing with the fallout of intimate relationships (Nicholson 2002: 1). In making this contention, he astutely echoes many commentators, who note that custody battles are frequently more about resolving past hurts than determining what is in the best interests of a child (see, for example, Smith). In fact, Charlesworth asks if it is realistic to expect legal provisions to ease existing social and psychological tensions. (Charlesworth et al 2000: 135). Nonetheless, in making any Family Court order, a judge or registrar takes on two unenviable tasks: balancing the emotional distress that accompanies breakdowns and making a court order, which has the potential to be breached every single time contact occurs (Jackson, 2000 at 14)."
This essay illustrates that the separation of law and morality is both possible and impossible, depending on how one defines the phrase "separation of law and morality".
Abstract The essay explores the legal positivist separation thesis. It approaches the question of whether it is possible to separate law and morality from two aspects- first, the content of the law and secondly, the judicial decision maing process. The writer makes reference to the policy of removing part-Aboriginal children from their families and communities, and placing them in special purpose institutions to support his argument.
From the Paper "It has been described as ;arguably the most tragic and shameful chapter in Australia";s history.; From the late nineteenth century to the late 1960's, Australian governments carried out the policy of removing part-Aboriginal children from their families and communities, placing them in special purpose institutions. Often, these removals were carried out by force. The purpose of this removal policy was to assimilate the part-Aboriginals with the white community as the full-blooded Aboriginals were believed to be a doomed race in the sense that they would die out. A large number of the children suffered physical and emotional mistreatment following the removal from their families. The children who were removed under this policy came to be known as ";the stolen generation" This sets the backdrop against which I will discuss whether it is possible to separate law and morality with respect to the Australian court"s law making power.4 The separation of law and morality is the foundation of legal positivism. Positivists often criticize natural law theorists for blurring the line between law and morals. This essay aims, by examining three stolen generation cases, to illustrate that the separation of law and morality is both possible and impossible, depending on how one defines the phrase ";separation of law and morality."
Abstract The paper provides a review of the relevant literature to determine when and for whom a family limited partnership is appropriate. The paper presents an analysis of the pertinent laws, including an examination of the Internal Revenue Code, regulations, case law and other rulings and matters that are relevant to a family limited partnership in general. The paper discusses tax planning in particular to provide a comprehensive survey of the tax-ability of this business form. The paper was consistent in emphasizing the need for timely and professional financial advice from experts in tax law who are aware of any recent changes and what the implications are of one approach over another.
Outline:
Introduction
Review and Analysis
Conclusion
From the Paper "According to Fiore (1994), taxpayers in general and affluent taxpayers in particular are always on the lookout for new ways to reduce their taxes, especially in the area of estate planning. For this purpose, taxpayers have a wide range of choices available, each with its own advantages and disadvantages depending on a taxpayer's unique circumstances. For instance, "Should a taxpayer incorporate a complex strategy such as a grantor-retained annuity trust," Harmelick and Vandenburgh (2001) ask, "a dynasty trust or a family limited partnership in his estate plan?" (p. 95)."
Abstract This paper examines several questions regarding the book and its author. Peter Fleming's book deals mainly with the laws surrounding medieval families, and how they affected so many parts of family life. The writer argues that less attention to the law, and more attention to the actual activities of the family might have made it a more interesting read.
From the Paper "Peter Fleming's book "Family and Household in Medieval England" is a historical text on the social history of medieval England, as the title suggests. The author concerns himself mostly with the history of family life and how it developed legally and socially. He follows the typical family through a natural order of events, from marriage, to childbirth through the end of the family unit due to death or disillusion of the unit by divorce, but always with the element of how laws affect this typical family. Fleming concentrates on the English family unit because he feels each country has "their own peculiarities" (Fleming, 2001, p. 3), and there is a wealth of information and research material available for England. Fleming uses broad definitions of 'family' and 'household' for his book. He says a family or a household is: "those members of the same kin who live together under one roof" and "persons living together under the same roof" (Fleming, 2001, p. 2)."
Abstract The paper looks at "Debunking Myths about Marriages and Families" where the authors, Mary Ann Schwartz and Barbara Marliene Scott, argue against five specific beliefs that dominate American cultural views on the institution of marriage and the nuclear family. The paper goes through these five myths and posits that, with the exception of one argument, the authors present very persuasive arguments that are logically sound and devoid of any obvious logical fallacies, reliance on emotionally loaded terms, or any other apparent faulty reasoning.
Outline:
Introduction
Myth # 1 - The Universal Nuclear Family Myth # 2 - The Self-Reliant Family Myth # 3 - The Naturalness of Different Spheres for Wives and Husbands
Myth # 4 - The Unstable African American Family Myth # 5 - The Idealized Nuclear Family of the 1950s
From the Paper "Schwartz and Scott (2000) take on the proverbial notion that the concept of family is necessarily defined only the way it has been presented in the U.S. mainstream culture. The authors suggest that family is more accurately defined much more broadly than by the image of one man and one woman married for life and raising children together. Instead, they argue that any survey of cultures worldwide would reveal very different expectations of what a family is and that the description commonly accepted in this particular part of the world represents only one of many models evident in human culture."
This paper uses a case study to examine United Kingdom Consumer Laws and Consumer criminal laws. The laws are meant to protect consumers against defective and unsafe products and services.
Abstract United Kingdom Consumer Laws and Consumer criminal Laws are meant to protect consumers against defective and unsafe products and services. They can be invoked if a consumer feels he was taken for a ride and given product or service, which did not meet his needs or was faulty in any sense. We need to understand that certain conditions apply when these laws are made use of to bring charges against a trader. For example, the nature of product or service doesn't count at all but the length of use; special seller instructions, representation of a product etc. play a dominant role in determining the exact nature of breach of contract between the seller and the consumer.
Proposal-Introduction
Executive Summary
-------Rights and Liabilities-Used car
-------Rights and Liabilities-Seat cover
-------Rights and Liabilities- Cell batteries
-------Rights and Liabilities-Re-roofing
-------Rights and liabilities-Dogs
Conclusions/Recommendations
From the Paper "Eleanor and Nicos needed to purchase a second-hand car and visited Solid Cars for this purpose. There they found a Range Rover, which was being offered for ?2,000. The salesman informed them the original engine of the Rover had been replaced with a reconditioned engine. After initial discussions with the salesman, they agreed to purchase the vehicle through their debit card. The salesman however told them few things, which later proved to be incorrect and caused them several problems during test-drive."
Tags: Consumers, Laws, United, Kingdom, Merchants, Legal, rights
Abstract This provides a valid introduction to the feminist perspective on family life, using concepts of conjugal roles, dual-burdens, equal opportunities, and various social policies as evidence to support the feminist viewpoint. It looks at how many feminist sociologists believe that marriage and family life exploits and oppresses women and how the traditional nuclear family, supported by functionalist and New Right sociologists, displays a definitively clear division of labour where women are expected to be housewives allowing the men to work. It also discusses how they perceive the nuclear family to mainly benefit men as women's domestic functions in the home allow men to dominate paid work as well as encouraging a patriarchal ideology.
From the Paper "Many feminist sociologists believe that marriage and family life exploits and oppresses women. The traditional nuclear family, supported by functionalist and New Right sociologists, displays a definitively clear division of labour where women are expected to be housewives allowing the men to work. Using this ideology, the female role within the family should be concerned with motherhood and housework as she is biologically best suited to this service, while the male function is to provide and protect the family and to act as a disciplinary role model to his children. Feminist sociologists disagree with this and the view that the nuclear family benefits all in society. They perceive the nuclear family to mainly benefit men as women's domestic functions in the home allow men to dominate paid work as well as encouraging a patriarchal ideology."
Abstract This paper addresses a number of policies and government-mandated regulations that have worked to shape the employment environment. The paper presents information on the Health Insurance Portability and Accountability Act, th Family and Medical Leave Act, and unemployment compensation by which employers must abide.
Outline:
Abstract
Employee Safety, Health, and Welfare Laws Health Insurance Portability and Accountability Act
Family and Medical Leave Act
Unemployment Compensation
Conclusion
From the Paper "Pre-existing condition refers to any medical condition that has been diagnosed or a condition for which symptoms were prevalent that would have caused the average person to seek medical care. Prior to HIPPA, pre-existing exclusions for coverage were used by many employer group coverage plans and insurance companies to limit the ability of employees to be covered by available policies. "HIPPA limits these exclusions to pre-existing conditions for which medical advice, diagnosis, treatment or care was recommended or received with the six month period ending on one's enrollment date. One's enrollment date is one's first day of coverage, or if there is a waiting period, the first day of one's waiting period; typically, one's date of hire" (Employee Benefits Security Administration, 2004, page or para #). If one's condition does not meet the preceding requirements, one's condition cannot be excluded due to a pre-existing condition. The six-month time frame may be shortened if one is covered under a HMO or as determined by state law. On the other hand, state law is not permitted to increase the six-month period."
Abstract What was the state of the family in Geneva and France in the 16th century? What laws governed marriage, divorce, and family life in general at that time? In this paper, I plan to address those questions, show how the two locations treated the issues, and show how leaders at the time saw the family and its relationship to society in general.
