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House Rules
The paradigm of family has shifted rapidly and dramatically, from nuclear unit to diverse constellations of intimacy. At the same time, some norms resist change, such as women’s continuing role as primary care providers despite their increased uptake of paid work. This tension between transformation and stasis in family arrangements has an impact on economic, emotional, and legal aspects of daily life. House Rules critically explores the intertwining of norms and laws that govern familial relationships. The authors in this incisive collection engage with four countries – Canada, the United States, the United Kingdom, and Taiwan – and expose the ingrained and unsettled norms that affect families and the law’s role in regulating them. Over recent decades, the law has struggled to adjust to transformations in what typifies the structures and practices of family life. House Rules provides tools to analyze those difficulties and, ultimately, to design laws to better respond to ongoing change and avoid entrenching inequalities.
Ancillary Police Powers in Canada
Police enforce the law, but they must also obey it. Statutes circumscribe how law enforcement officers conduct their work. At the same time, Canadian courts have handed police many powers to stop, search, and otherwise investigate people in the pursuit of public safety and crime prevention. Ancillary Police Powers in Canada explains what these common-law police powers are; how they came to be; and, crucially, what the potential dangers are in their expanding scope. What is the difference between police duty and lawful authority? Should the Supreme Court rescind powers when the police tactics they enable become controversial? This nuanced book surveys the evolution, application, and future of judge-made police powers. The authors bring historical perspective, critical legal theory, and empirical analysis to an issue that is fundamental to constitutional protection from state interference with individual liberty.
Bioethics and the Law
The Fifth Edition of Bioethics and the Law takes a multidisciplinary approach that combines legal discussion with jurisprudential, philosophical, and sociological materials. Strong expressions of different points of view highlight debates about bioethical issues. The text underscores the need to mediate between the law's focus on broad rules and the bioethicist's concern with context and detail. Bioethics and the Law supplements the traditional focus of bioethics on the interest of the individual with a second focus on the broader developments that shape healthcare. Connecting broad public healthcare issues to concerns of the individual patient/healthcare consumer, the text promotes understa...
Constraining the Court
When the Supreme Court of Canada makes a decision that invalidates a statute, it creates a constitutional moment. But does that have a direct and observable impact on public policy? Constraining the Court explores what happens when a statute involving a significant public policy issue – French language rights in Quebec, supervised consumption sites, abortion, or medical assistance in dying – is declared unconstitutional. James B. Kelly examines the conditions under which Parliament or provincial/territorial legislatures attempt to contain the policy impact of judicial invalidation and engage in non-compliance without invoking the notwithstanding clause. He considers the importance of the issue, the unpopularity of a judicial decision, the limited reach of a negative rights instrument such as the Charter, the context of federalism, and the mixture of public and private action behind any legislative response. While the Supreme Court’s importance cannot be denied, this rigorous analysis convincingly concludes that a judicial decision does not necessarily determine a policy outcome.
Exploring Norms and Family Laws across the Globe
Bringing together some of the world’s leading family law scholars, as well as bright and emerging minds in the field of global family law, this book explores the differences and commonalities in the conceptualization and legal treatment of families throughout different legal traditions. Each chapter delves into topics integral to family law jurisprudence and serves as a novel examination into a deep slice of family law. Together, the four parts and sixteen chapters create a melodious and intriguing examination of groundbreaking and cutting-edge areas of law in the realm of the family. The four parts primarily focus upon a major family law topic with the authors examining the laws across jurisdictions, cross-nationally, or in some cases intra-jurisdictionally. It is through this comparative lens that we see how family law concepts are woven into the fabric of overall society around the globe. This book is of interest to family law, international law, sociology, and socio-legal scholars.
Determining Legal Parentage
Offering intentional parenthood as the most appropriate, flexible and just normative doctrine for resolving the various dilemmas that have surfaced in the modern era.
Family Law
The purchase of this ebook edition does not entitle you to receive access to the Connected eBook with Study Center on CasebookConnect. You will need to purchase a new print book to get access to the full experience, including: lifetime access to the online ebook with highlight, annotation, and search capabilities; practice questions from your favorite study aids; an outline tool and other helpful resources. Family Law, now in its seventh edition, is a modern and teachable casebook, offering comprehensive coverage and a mix of interdisciplinary materials. It compares innovative developments in some states with the reaffirmation of traditional principles in others and does so in the context of...
Citizenship on the Edge
What does it mean to claim, two decades into the twenty-first century, that citizenship is on the edge? The questions that animate this volume focus attention on the relationships between liberal conceptions of citizenship and democracy on one hand, and sex, race, and gender on the other. Who "counts" as a citizen in today's world, and what are the mechanisms through which the rights, benefits, and protections of liberal citizenship are differentially bestowed upon diverse groups? What are the relationships between global economic processes and political and legal empowerment? What forms of violence emerge in order to defend and define these rights, benefits, and protections, and how do thes...
Post-Liberal Religious Liberty
A radically theological-political account of religious liberty, challenging secularisation narratives and liberal egalitarian arguments.
Refugees Are (Not) Welcome Here
State-controlled refugee protection in Canada has gone through paradoxical developments in recent decades. While refugee rights have expanded, access to these rights has tightened. Previously unrecognized groups – such as women experiencing gender-based violence and LGBT populations – are now considered legitimate refugees. Yet, the implementation of stringent administrative measures has made it harder for refugees to secure protection. Refugees Are (Not) Welcome Here draws on archival and media sources, interviews, and organizational data to examine how refugee claims are administered within a complex and contradictory regime that maintains significant legal and bureaucratic silos. Azar...
