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Author : Samia Bano
Publisher :
ISBN 13 : 9781512600353
Total Pages : 0 pages
Book Rating : 4.6/5 (3 download)
Download or read book Gender and Justice in Family Law Disputes written by Samia Bano and published by . This book was released on 2017 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: How mediation and religious dispute-resolution mechanisms operate within diverse communities
Author : Samia Bano
Publisher : Brandeis University Press
ISBN 13 : 1512600369
Total Pages : 350 pages
Book Rating : 4.5/5 (126 download)
Download or read book Gender and Justice in Family Law Disputes written by Samia Bano and published by Brandeis University Press. This book was released on 2017-05-02 with total page 350 pages. Available in PDF, EPUB and Kindle. Book excerpt: Recently, new methods of dispute resolution in matters of family law-such as arbitration, mediation, and conciliation-have created new forms of legal culture that affect minority communities throughout the world. There are now multiple ways of obtaining restitution through nontraditional alternative dispute resolution (ADR) mechanisms. For some, the emergence of ADRs can be understood as part of a broader liberal response to the challenges presented by the settlement of migrant communities in Western liberal democracies. Questions of rights are framed as "multicultural challenges" that give rise to important issues relating to power, authority, agency, and choice. Underpinning these debates are questions about the doctrine and practice of secularism, citizenship, belonging, and identity. Gender and Justice in Family Law Disputes offers insights into how women's autonomy and personal decision-making capabilities are expressed via multiple formal and nonformal dispute-resolution mechanisms, and as part of their social and legal lived realities. It analyzes the specific ways in which both mediation and religious arbitration take shape in contemporary and comparative family law across jurisdictions. Demarcating lines between contemporary family mediation and new forms of religious arbitration, Bano illuminates the complexities of these processes across multiple national contexts.
Author : Nicholas Mercuro
Publisher : JAI Press(NY)
ISBN 13 :
Total Pages : 288 pages
Book Rating : 4.F/5 ( download)
Download or read book Family Law and Gender Bias written by Nicholas Mercuro and published by JAI Press(NY). This book was released on 1992 with total page 288 pages. Available in PDF, EPUB and Kindle. Book excerpt: Blues, by Steven H. Hobbs
Author : Julie Wallbank
Publisher : Routledge
ISBN 13 : 1135262039
Total Pages : 301 pages
Book Rating : 4.1/5 (352 download)
Download or read book Rights, Gender and Family Law written by Julie Wallbank and published by Routledge. This book was released on 2009-12-04 with total page 301 pages. Available in PDF, EPUB and Kindle. Book excerpt: There has been a widespread resurgence of rights talk in social and legal discourses pertaining to the regulation of family life, as well as an increase in the use of rights in family law cases, in the UK, the US, Canada and Australia. Rights, Gender and Family Law addresses the implications of these developments – and, in particular, the impact of rights-based approaches upon the idea of welfare and its practical application. There are now many areas of family law in which rights and welfare based approaches have been forced together. But whilst, to many, they are premised upon different ethics – respectively, of justice and of care – for others, they can nevertheless be reconciled. In this respect, a central concern is the 'gender-blind' character of rights-based approaches, and the ontological and practical consequences of their employment in the gendered context of the family. Rights, Gender and Family Law explores the tensions between rights-based and welfare-based approaches: explaining their differences and connections; considering whether, if at all, they are reconcilable; and addressing the extent to which they can advantage or disadvantage the interests of women, children and men. It may be that rights-based discourses will dominate family law, at least in the way that social policy and legislation respond to calls of equality of rights between mothers and fathers. This collection, however, argues that rights cannot be given centre-stage without thinking through the ramifications for gendered power-relations, and the welfare of children. It will be of interest to researchers and scholars working in the fields of family law, gender studies and social welfare.
Author : Flavia Agnes
Publisher : Oxford University Press
ISBN 13 : 0199088489
Total Pages : pages
Book Rating : 4.1/5 (99 download)
Download or read book Family Law written by Flavia Agnes and published by Oxford University Press. This book was released on 2011-02-17 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt: Family law in India has a complex legal structure where different religious communities are guided by their own personal laws, each of which historically evolved under various social, religious, political, and legal influences. In two comprehensive and lucid volumes, Flavia Agnes, a leading activist and advocate in the area, examines family law in the light of social realities, contemporary rights discourse, and the idea of justice. What is unique in these volumes is that the ground level litigation practices around women's rights are interwoven with the critical analyses of the statutory provisions. Relying extensively upon case law, Volume 2 examines: the litigation around the validity of marriage and procedures for dissolving it, the contemporary debates around issues such as child marriages, NRI marriages, and registration of marriages the framework of law on the issues of maintenance, matrimonial residence, and custody and guardianship of children, and whether considering the procedural aspects of matrimonial law, and the increased powers of the family courts, gender justice concerns are being adequately addressed. The volume also emphasizes that it is necessary and possible for the law to fairly reflect individual and social contingencies at the ground level.
Author : Neelam Tyagi
Publisher : Springer Nature
ISBN 13 : 9811610150
Total Pages : 331 pages
Book Rating : 4.8/5 (116 download)
Download or read book Women, Matrimonial Litigation and Alternative Dispute Resolution (ADR) written by Neelam Tyagi and published by Springer Nature. This book was released on 2021-04-05 with total page 331 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book examines the practice of Alternative Dispute Resolution (ADR) as it stands today in the context of matrimonial disputes and for providing gender justice for women undergoing matrimonial litigation. ADR is a fairly recent but increasingly prevalent phenomenon that has significantly evolved due to the failure of the adversarial process of litigation to provide timely resolution of disputes. The book explores the merit and demerit of traditional litigation process and emergence, socio-legal framework, work environment and success rate of various ADR processes in general and for resolving matrimonial disputes in particular. It comprehensively discusses the role of various institutions and attitudes and perceptions of ADR practitioners. It analyzes the influence of patriarchal cultural assumptions of appropriate feminine behaviour and its effect on ADR practitioners like mediators and counsellors that leads to the marginalization of aggrieved woman’s issues. With a brief analysis of the experience and challenges faced with the way the ADR process is conducted, the focus is on probing the vulnerability of aggrieved women. The book critiques the practice of ADR as it is today and offers constructive ways forward by providing suggestions, insights, and analysis that could bring about a transformation in the way justice is delivered to women. This in-depth study is an attempt to guide decision making by bringing forth and legitimizing the battered women’s voice which often goes unrepresented, in the debate about the efficacy of ADR mechanism in resolving matrimonial disputes. The book is of interest to those working for justice for women, particularly in the context of matrimonial disputes -- legal professionals, mediators, counsellors, judges, academicians, women rights activists, researchers in the field of gender and women studies, social work and law, ADR educators, policymakers and general readers who are inclined and interested in bringing a gender perspective to their area of work.
Author : Alison Diduck
Publisher : Hart Publishing
ISBN 13 :
Total Pages : 624 pages
Book Rating : 4.F/5 ( download)
Download or read book Family Law, Gender & the State written by Alison Diduck and published by Hart Publishing. This book was released on 1999-08-24 with total page 624 pages. Available in PDF, EPUB and Kindle. Book excerpt: This new text,cases and materials text on family law provides not only an explication of legal principle but also explores, primarily from a feminist perspective, some of the assumptions relating to gender, sexual orientation, class and culture underlying the law. It examines the ideology of the family and, in particular, the role of the law in contributing to and reproducing that ideology. Structured around the themes of welfare, equality and family privacy, the book aims to offer the benefits of a textbook while also giving students a wide-ranging set of materials for classroom discussion, using the case method to demonstrate how various issues might be resolved. As well as providing a firm grounding in family law, the text sets the law in its social and historical context and encourages a critical approach by students to the subject. It provides an ideal introduction to family law for undergraduates, but will be equally helpful for postgraduate students of family law for whom it provides a challenging set of materials accompanied by a theoretically rich set of ideas and arguments.
Author : D Kelly Weisberg
Publisher : Aspen Publishing
ISBN 13 :
Total Pages : 912 pages
Book Rating : 4.8/5 (89 download)
Download or read book Modern Family Law written by D Kelly Weisberg and published by Aspen Publishing. This book was released on 2024 with total page 912 pages. Available in PDF, EPUB and Kindle. Book excerpt: "Cases and materials on family law for law students taking a family law course"--
Author : Alison Diduck
Publisher :
ISBN 13 :
Total Pages : 753 pages
Book Rating : 4.:/5 (14 download)
Download or read book Family Law, Gender and the State written by Alison Diduck and published by . This book was released on 2006 with total page 753 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Author : D. Kelly Weisberg
Publisher : Aspen Publishing
ISBN 13 :
Total Pages : 905 pages
Book Rating : 4.8/5 (89 download)
Download or read book Modern Family Law written by D. Kelly Weisberg and published by Aspen Publishing. This book was released on 2024-02-12 with total page 905 pages. Available in PDF, EPUB and Kindle. Book excerpt: Exploring the conflict between respect for privacy and deference to state authority in the context of family law today, each chapter in the Eighth Edition of this popular Family Law casebook provides a lens to explore the appropriate role of the state in family decision making, and helps equip students to handle current and emerging family law issues. The book features riveting well-edited cases, notes, interdisciplinary materials, and problems that highlight issues of gender, sexuality, race, and class. Integrating legal developments with perspectives from history, psychology, sociology, medicine, and philosophy, this casebook uniquely reflects the full diversity of the modern family, including key updates on marriage equality and parentage issues for LGBTQ-headed families, nonmarital families, abortion, adoption, and assisted reproduction. New to the Eighth Edition: Recent landmark developments in the law of abortion, including Dobbs v. Jackson Women’s Health Organization, and updates on state law efforts to curtail abortion access Conflict between nondiscrimination principles and the First Amendment, including 303 Creative v. Elenis Updates on recent or pending Supreme Court cases, including Brackeen v. Haaland, Golan v. Saada, and Rahimi v. U.S. Recent Uniform Acts, including the Uniform Cohabitants' Economic Remedies Act and the Uniform Unregulated Child Custody Transfer Act New federal law, including the Violence Against Women Reauthorization Act (2022) and the Respect for Marriage Act State law reform on marriages involving minors Impact of COVID on family law Benefits for instructors and students: A mix of “classics” and cutting-edge materials illuminate family law’s past and its continuing development in an era of exciting change Materials—such as narratives, epilogues, personal communications, social science perspectives, and comparative information—bring family law to life Thoughtfully organized materials clearly present basic principles and doctrines, while inviting policy-based reflections and questions about law reform Provocative questions and Problems based on cases and current events will spark lively class discussions
Author : D. Kelly Weisberg
Publisher : Aspen Publishing
ISBN 13 : 1543822347
Total Pages : 1056 pages
Book Rating : 4.5/5 (438 download)
Download or read book Modern Family Law written by D. Kelly Weisberg and published by Aspen Publishing. This book was released on 2020-02-02 with total page 1056 pages. Available in PDF, EPUB and Kindle. Book excerpt: Exploring the conflict between respect for privacy and deference to state authority in the context of family law today, each chapter in the Seventh Edition of Modern Family Law: Cases and Materials provides a lens to explore the appropriate role of the state in family decision making and helps equip students to handle current and emerging family law issues. The book features riveting well-edited cases, notes, interdisciplinary materials, and problems that highlight issues of gender, sexualities, race, and class. Integrating legal developments with perspectives from history, psychology, sociology, medicine, and philosophy, this casebook uniquely reflects the full diversity of the modern family, including key updates on marriage equality and parentage issues for LGBT-headed families, the nonmarital family, abortion, adoption, and assisted reproductive technology. New to the Seventh Edition: The latest Supreme Court family law cases (Whole Woman’s Health v. Hellerstedt; Masterpiece Cakeshop; Pavan v. Smith; Sessions v. Morales-Santana), and previews of upcoming cases (June Medical Services v. Gee and Bostock v. Clayton County) In-depth coverage of important recent uniform and model legislation (Uniform Parentage Act (2017); Uniform Nonparent Custody and Visitation Act (2018); pending VAWA Reauthorization Act (2020), ALI Restatement of Children and the Law (2019-2020), and ABA Model Act Governing Assisted Reproduction (2019) Landmark recent state and federal decisions (including LGBT rights, breastfeeding discrimination/accommodations, contraceptive fraud, divorce discrimination, marital paternity presumption, marital communications privilege, abortion restrictions, minors’ abortion rights, name disputes, challenges to state polygamy laws, parentage rights in multi-parent families, spousal spying for infidelity, and much more) Professors and students will benefit from: A mix of “classic” and cutting-edge materials illuminate family law’s past and its continuing development in an era of exciting change Materials—such as narratives, epilogues, personal communications, social science perspectives, and comparative information—bring family law to life and Thoughtfully organized materials clearly present basic principles and doctrines, while inviting policy-based reflections and questions about law reform Provocative questions and Problems based on cases and current events will spark lively class discussions
Author : Mavis Maclean
Publisher : Bloomsbury Publishing
ISBN 13 : 1509950982
Total Pages : 283 pages
Book Rating : 4.5/5 (99 download)
Download or read book What Is a Family Justice System For? written by Mavis Maclean and published by Bloomsbury Publishing. This book was released on 2022-08-25 with total page 283 pages. Available in PDF, EPUB and Kindle. Book excerpt: Does a justice system have a welfare function? If so, where does the boundary lie between justice and welfare, and where can the necessary resources and expertise be found? In a time of austerity, medical emergency, and limited public funding, this book explores the role of the family justice system and asks whether it has a function beyond decision-making in dispute resolution. Might a family justice system even help to prevent or minimise conflict as well as resolving dispute when it arises? The book is divided into 4 parts, with contributions from 22 legal scholars working across Europe, Australia, Argentina and Canada. - Part 1 looks at what constitutes a family justice system in different jurisdictions, and how a welfare element is included in the legal framework. - Part 2 looks at those engaged with a family justice system as professionals and users, and explores how far private ordering is encouraged in different countries. - Part 3 looks at new ways of working within a family justice system and raises the question of whether the move towards privatisation derives from the intrinsic value of individual autonomy and acceptance of responsibility in family disputes, or whether it is also a response to the increasing burden on the state of providing a welfare-minded family justice system. - Part 4 explores recent major changes of direction for the family justice systems of Australia, Argentina, Turkey, Spain, and Germany.
Author : Joseph Cordell
Publisher : Harmony
ISBN 13 : 0307589803
Total Pages : 242 pages
Book Rating : 4.3/5 (75 download)
Download or read book The 10 Stupidest Mistakes Men Make When Facing Divorce written by Joseph Cordell and published by Harmony. This book was released on 2010-12-07 with total page 242 pages. Available in PDF, EPUB and Kindle. Book excerpt: The Knowledge Every Man Needs for a Successful Divorce Each year 500,000 men will face divorce, and most of them make at least one crucial—and often irreversible—mistake. These errors might seem minor, such as moving out while things get sorted out, or thinking of “temporary” orders as being truly temporary. But when they get to court, these men discover they have put themselves in a terrible position. They may have to give up their house, pay impossibly high alimony, or even lose custody. You could be one of these men. But you don’t have to be. Joseph Cordell, the founder of the nation’s largest law firm focusing on men’s divorce and the creator of the Dads Divorce website, has seen the consequences of the mistakes men make. Drawing upon the huge number of cases that Cordell & Cordell has handled, this book identifies the 10 most common mistakes that end up hurting men in divorce. Cordell demystifies the divorce process, explains what judges consider in making their final decisions, and lays out a road map for positive actions men can take to achieve the best possible outcome. No man should face divorce without this book.
Author : Georgina Taylor
Publisher :
ISBN 13 :
Total Pages : 158 pages
Book Rating : 4.F/5 ( download)
Download or read book Women and Children Last written by Georgina Taylor and published by . This book was released on 1996 with total page 158 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Author : Flavia Agnes
Publisher : OUP India
ISBN 13 : 9780198072201
Total Pages : 0 pages
Book Rating : 4.0/5 (722 download)
Download or read book Family Law II written by Flavia Agnes and published by OUP India. This book was released on 2012-01-26 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: Combining facts and analysis, the volume examines the laws and cases relating to matrimonial rights and obligations, marriage and divorce, constitutional claims and family courts. It is a comprehensive exploration of the state of gender justice in contemporary India from the legal perspective.
Author : Anne Barlow
Publisher : Springer
ISBN 13 : 1137554053
Total Pages : 240 pages
Book Rating : 4.1/5 (375 download)
Download or read book Mapping Paths to Family Justice written by Anne Barlow and published by Springer. This book was released on 2017-03-07 with total page 240 pages. Available in PDF, EPUB and Kindle. Book excerpt: The family justice system in England and Wales has undergone radical change over the past 20 years. A significant part of this shifting landscape has been an increasing emphasis on settling private family disputes out of court, which has been embraced by policy-makers, judges and practitioners alike and is promoted as an unqualified good. Mapping Paths to Family Justice: Resolving Family Disputes in Neoliberal Times examines the experiences of people taking part in out-of-court family dispute resolution in England and Wales. It addresses questions such as how participants’ experiences match up to the ideal; how recent changes to the legal system have affected people’s ability to access out-of-court dispute resolution; and what kind of outcomes are achieved in family dispute resolution. This book is the first study systematically to compare different forms of family dispute resolution. It explores people’s experiences of solicitor negotiations, mediation and collaborative law empirically by analyzing findings from a nationally representative survey, individual in-depth interviews with parties and practitioners, and recorded family dispute resolution processes. It considers these in the context of ongoing neoliberal reforms to the family justice system, drawing out conclusions and implications for policy and practice.
Author : Deborah L. RHODE
Publisher : Harvard University Press
ISBN 13 : 0674042670
Total Pages : 441 pages
Book Rating : 4.6/5 (74 download)
Download or read book Justice and Gender written by Deborah L. RHODE and published by Harvard University Press. This book was released on 2009-06-30 with total page 441 pages. Available in PDF, EPUB and Kindle. Book excerpt: This is the first book to provide a comprehensive investigation of gender and the law in the United States. Deborah Rhode describes legal developments over the last two centuries against a background of historical and sociological changes in women's activities and attitudes toward these new developments. She shows the way cultural perceptions of gender influence and in turn are influenced by legal constructions, and what this complicated interaction implies about the possibility-or impossibility-of using law as a tool of social change. Table of Contents: Introduction Part One: Historical Frameworks 1. Natural Rights and Natural Roles Domesticity as Destiny The Emergence of a Feminist Movement Nineteenth-Century Legal Ideology: Separate and Unequal 2. The Fragmentation of Feminism and the Legalization of Difference The Postsuffrage Women's Movement Separate Spheres and Legal Thought Part Two: Equal Rights in Retrospect 3. Feminist Challenges and Legal Responses The Growth of the Contemporary Women's Movement Governmental Rejoinders Liberalism and Liberation 4. The Equal Rights Campaign Instrumental Claims Symbolic Underpinnings Political Strategies Requiems and Revivals 5. The Evolution of Discrimination Doctrine The Search for Standards Separate Spheres Revisited: Bona Fide Occupational Qualifications Definitions of Difference Part Three: Contemporary Issues 6. False Dichotomies Benign and Invidious Discrimination in Welfare Policy: Elderly Women and Social Security Special Treatment or Equal Treatment: Pregnancy, Maternal, and Caretaking Policy Public and Private: Social Welfare and Childcare Policies 7. Competing Perspectives on Family Policy Form and Substance: The Marital-Nonmarital Divide Lesbian-Gay Rights and Social Wrongs Equality and Equity in Divorce Reform Text and Subtext in Custody Adjudication 8. Equality in Form and Equality in Fact: Women and Work Occupational Inequality The Legal Response Employment Policy and Structural Change 9. Reproductive Freedom The Historical Legacy Abortion Adolescent Pregnancy Reproductive Technology 10. Sex and Violence Sexual Harassment Domestic Violence Rape Prostitution Pornography 11. Association and Assimilation Private Clubs and Public Values Education Athletics Different But Equal Conclusion: Principles and Priorities Differences over Difference Differences over Sameness Theory about Theory Legal Frameworks Notes Index Reviews of this book: Rhode's work is impressive in its scholarship and its range...a compelling account. --Josephine Shaw, International and Comparative Law Quarterly Reviews of this book: The definitive treatment of the American legal system's struggle to deal with issues pertaining to gender...The strength of Rhode's analysis, however, is not its historical aspect but its probing view of modern gender issues...The focus is always on the deeper forces that have led to gender disadvantage...There is much to be learned from reading this volume. --Victoria J. Dodd, Bimonthly Review of Law Books Reviews of this book: A comprensive journey through the history of law and gender...The book is important in a number of ways...[It] paints in stark, irrefutable colors the irrational prejudices that have served to justify legal determinations limiting equality...[I]t has the audacity to ask the law to turn on itself and work more justly. --Sheila James Kuehl, California Lawyer Reviews of this book: Encyclopedic.. . Thorough, carefully nuanced ... [Rhode] gives all sides their fair due on every issue she takes up... A valuable resource for many years to come. --Susan 0kin, Law and Social Inquiry Justice and Gender breaks the impasse created by legal and theoretical debates over 'sameness' and 'difference.' Deborah Rhode's brilliant analysis of gender and the law in the United States from the nineteenth century to the present argues persuasively for theories rooted in careful contextual analysis and for a legal emphasis on gender disadvantage rather than gender difference. This book offers a new vantage point from which to think about the role of law in building a just society. --Sarah M. Evans, University of Minnesota
