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Peter Lake, Student Discipline: The Case Against Legalistic Approaches, 56 Chronicle of Higher Education A31 (2009)Clicking on the button will copy the full recommended citation.
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Stephanie Vaughan, Persuasian is an Art . . . But It is Also an Invaluable Tool in Advocacy, 61 Baylor L. Rev. 635 (2009)Clicking on the button will copy the full recommended citation.
The article is about persuasion. It highlights the origins of advocacy, details how to write persuasive documents, and provides tips for presenting persuasive oral arguments. Appendices include practical checklists for editing and preparing for oral arguments, and a list of style tips. This Article is important because it gives advocates the tools they need to better prepare for making persuasive arguments, both in writing and orally, while grounding the “art of persuasion” in rhetoric and ancient-Greek philosophies and teachings.
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Paul Boudreaux, Homes, Rights and Communities, 20 U. Fla. J.L. & Pub. Pol'y 479 (2009)Clicking on the button will copy the full recommended citation.
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Kristen David Adams, Do We Need a Right to Housing?, 9 Nev. L.J. 275 (2009)Clicking on the button will copy the full recommended citation.
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Kristen David Adams, Promise Enforcement in Mortgage Lending: How U.S. Borrowers and Lenders Can See Themselves as Part of a Shared Goal, 28 Rev. Banking & Fin. L. 507–52 (2009)Clicking on the button will copy the full recommended citation.
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Rebecca C. Morgan, The New Importance of Advance Directives, 2 Estate Planning and Community Property Law Journal 1 (2009)Clicking on the button will copy the full recommended citation.
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Ciara Torres-Spelliscy, A Bench That Looks Like America: Diversity Among Appointed State Court Judges, 48 Judges' Journal 12 (2009)Clicking on the button will copy the full recommended citation.
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Linda S. Anderson, Adding Players to the Game: Parentage Determinations When Assisted Reproductive Technology is Used to Create Families, 62 Ark. L. Rev. 29 (2009)Clicking on the button will copy the full recommended citation.
Though some forms of assisted reproduction (ART) have been available for a long time, more recent scientific advances in reproductive technology created opportunities for more people to build families, but consequently caused confusion about who should be considered a parent. In addition, changing family relationships have caused questions about who should be considered a parent.
This article attempts to compare the way various courts identify the legal parents of a child born through assisted reproductive technology. After updating existing discussions about the way parentage decisions are made in ART situations the article provides additional support for creating a predictable and consistent approach to situations that scientific advances force courts and legislatures to address.
With little statutory guidance and constrained by individual and varying state law and public policy, courts have attempted to fashion results while generally trying to avoid usurping legislative powers. This article suggests that until legislatures establish clear guidelines for identifying parents, intent to create a child to raise as one’s own should determine parentage when any form of ART is utilized. In fact, as legislatures tackle this complicated issue, intent can provide a reasonable determining factor of a legal parent.
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Kristen David Adams, Homeownership: American Dream or Illusion of Empowerment?, 60 S.C. L. Rev. 573 (2009)Clicking on the button will copy the full recommended citation.
In this Article, I endeavor to show that because Americans value homeownership so much — in fact, more than we should — we have placed ourselves in an untenable position as a country and now find ourselves in the midst of a well-documented housing crisis. In addition, we have used the primacy of homeownership as an excuse not to fulfill our country’s commitment to provide housing assistance to those persons who need it most. We have done this in part by undervaluing quality, affordable rental property (and quality renters) just as we have overvalued homeownership (and homeowners). Some have used the word “myth” in talking about the American view of homeownership; however, the word I prefer is “illusion,” which I intend to be less pejorative while still acknowledging that homeownership does not always deliver the benefits it promises, particularly for lower income homeowners. This Article is not particularly concerned with the question of who is to blame for the current housing crisis, because I believe fault in this context is too complicated to be laid at the feet of just one party or another. Part II of this Article examines the median American household, mortgage, and house, concluding that many Americans cannot afford the homes they have purchased. Next, Part III addresses the question of why our country overvalues homeownership to such an extent that it now finds itself in this position. In doing so, Part III examines the many benefits that homeownership supposedly provides to both individuals and society. Part IV contrasts society’s customary treatment of homeownership as a virtue with its stigmatization of renters, concluding that the latter is unfounded. Part IV also explores how the very interests that have promoted homeownership have also benefited most from its growth. Part V considers several factors that contributed to the real estate boom that culminated in the mid-2000s, including homeowners’ treatment of mortgage debt as wealth, financing options such as no-down-payment and interest-only loans, increased utilization of home equity loans, and certain features of subprime lending. Part VI concludes by suggesting that universal homeownership does not provide the benefits Americans have come to expect from it and proposing four steps policymakers should follow in creating healthier, more sustainable housing policy.
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Michael S. Finch, Judicial Evaluation of Traumatically Induced Fybromyalgia, 2 Psychological Injury and the Law 24 (2009)Clicking on the button will copy the full recommended citation.