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Dissertations / Theses on the topic 'Family law'

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1

Smith, L. J. "The problem of parenting in lesbian familes and family law." Thesis, Queen's University Belfast, 2008. http://ethos.bl.uk/OrderDetails.do?uin=uk.bl.ethos.492271.

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This thesis explores the relationship between the problems that parenting has presented in lesbian families and family law. Through a series of theoretical and empirical observations, the thesis suggests that a 'heterosexual parenting paradigm' continues to pervade law and society, notwithstanding numerous changes in the legal status of non-heterosexual relationships. Drawing from interviews with sixteen lesbian parents, it is demonstrated that this heterosexual parenting paradigm has a significant impact on the how lesbian families are embraced politically, culturally and institutionally. The
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2

Mugisha, Julius P. K. "Recognition of common-law spousal relationships in Canadian family law." Thesis, McGill University, 2003. http://digitool.Library.McGill.CA:80/R/?func=dbin-jump-full&object_id=80943.

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Common-law spousal relationships have become increasingly common with a growing number of Canadians electing to enter into them. This thesis appreciates the injustices suffered by common-law spouses during and at the termination of their spousal relationships, and reinforces the view that the denial of marital property benefits dishonors the dignity of common-law spouses. Common-law spouses experience similar needs as their married counterparts when the relationship ends. Most of the current functions of marriage can be fulfilled within common-law spousal relationships and should more a
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3

Collier, Richard Stanley. "Family, law and gender : a study of masculinity and law." Thesis, University of Leicester, 1990. http://hdl.handle.net/2381/34905.

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This thesis is an attempt to explore the construction of masculinity in a variety of areas of law pertaining to the family. It attempts to integrate recent theoretical developments within the legal sub-discipline family law, in particular in relation to feminist theory and critiques of doctrinalism, with a social theory of gender and scholarship which foregrounds the social construction of masculinity. Chapters 1-5 are concerned to analyse and overview approaches to theorising law, gender and the family, and to present a theoretical base from which to begin to examine the relationships between
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4

Ghelli, Cristina. "Analisi e traduzione di "The family law" di Benjamin Law." Master's thesis, Alma Mater Studiorum - Università di Bologna, 2015. http://amslaurea.unibo.it/8148/.

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The aim of this dissertation is to propose a translation from English into Italian of The Family Law, an autobiographical novel written by Benjamin Law, an Australian author of Cantonese origins. The present dissertation is divided into four chapters. The first chapter presents the author of the book, by providing his biography; in addition, the chapter contains an overview of the Australia immigration problem, which is an important issue in the book due to the fact that the author’s parents had moved from Hong Kong to Caloundra, Australia. The second chapter presents the book The Family Law,
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5

Turnbull, Christopher J. "Family law property settlements: Principled law reform for separated families." Thesis, Queensland University of Technology, 2017. https://eprints.qut.edu.au/113831/1/Christopher_Turnbull_Thesis.pdf.

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This thesis investigates the philosophical basis, values, and practical application of family law, specifically property settlements for separated spouses, where those spouses have children of their relationship. It is a step forward in understanding of how judges decide cases, as it reports on the results and process of decision-making using 200 decisions from family law courts. It develops criteria for defining justice in this context, including a clear purpose to the law, consistency of decision-making, non-discrimination between spouses, giving weight to financial disadvantage, and priorit
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6

Degoldi, Brett Raymond. "Lawyers' experiences of collaborative family law." Thesis, University of British Columbia, 2007. http://hdl.handle.net/2429/32367.

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Collaborative family law recently emerged as a method of dispute resolution where the parties and their lawyers agree to finalize all matters through negotiations only, without going to court. This thesis includes a history and literature review of collaborative family law, drawing comparisons to mediation or litigation. It raises questions about the capacity of collaborative family law to deal with disputes involving power imbalance or spousal abuse. Interviews with twenty Vancouver collaborative family lawyers were conducted to inquire into their practical experiences and whether a pa
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Drummond, Susan G. (Susan Gay) 1959. "Legal itineraries through Spanish Gitano family law : a comparative law ethnography." Thesis, McGill University, 2001. http://digitool.Library.McGill.CA:80/R/?func=dbin-jump-full&object_id=38447.

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In the context of globalization, the idea of place is reputed to be losing its footing. This thesis explores the implications of these developments with respect to the way that place is constructed in law by focusing on tensions between the concept of jurisdiction and the ways that the contexts of law overspill it, threatening to engulf comparative analysis. Central to the idea that jurisdiction is losing its familiar moorings is the implication that other forms of thinking about legal normativity are emerging as more commonsensical alternatives to the state-based idea of jurisdiction that eme
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8

Parkinson, Patrick Newport. "Family Law and the Indissolubility of Parenthood." Thesis, The University of Sydney, 2018. http://hdl.handle.net/2123/18618.

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9

Abdul, Malek Normi. "Malaysian law of custody : a comparative study with Islamic, English and Scottish laws." Thesis, Glasgow Caledonian University, 1997. http://ethos.bl.uk/OrderDetails.do?uin=uk.bl.ethos.388285.

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10

Steffen, Kenneth Charles. "The family in the Code of canon law." Theological Research Exchange Network (TREN), 1996. http://www.tren.com.

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11

Behounek, Elaina. "Mediated Relationships: An Ethnography of Family Law Mediation." Scholar Commons, 2015. http://scholarcommons.usf.edu/etd/5909.

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In my dissertation, I use multi-ethnographic methods to examine how mediators talk about, manage, and process families going through divorce. I show how a dominant narrative about marriage and the cultural expectations of parenthood provide a framework for mediators to manage the discourse of divorcing parties so assets and care giving can be split 50/50. The dominant P.E.A.C.E. narrative (P=parenting plan, E=equitable distribution, A=alimony, C=child support, E=everything else) restricts available discourse in mediation and guides mediators’ behaviors in ways that homogenize families by provi
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12

Berger, Maurits Servaas. "Sharia and public policy in Egyptian family law." [S.l. : Amsterdam : s.n.] ; Universiteit van Amsterdam [Host], 2005. http://dare.uva.nl/document/89007.

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13

Hjerrild, Bodil. "Studies in Zoroastrian family law : a comparative analysis /." Copenhagen : Museum Tusculanum Press, 2003. http://www.gbv.de/dms/spk/sbb/recht/toc/362635250.pdf.

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14

Toner, Helen. "Modernising partnership rights in EC family reunification law." Thesis, University of Oxford, 2003. http://ethos.bl.uk/OrderDetails.do?uin=uk.bl.ethos.273444.

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15

Douglas, Gillian. "The relationship between family law and social change." Thesis, Cardiff University, 2011. https://ethos.bl.uk/OrderDetails.do?uin=uk.bl.ethos.675676.

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16

Schuster, Alexander. "Gender-neutral family institutions from metalaw to law." Université Robert Schuman (Strasbourg) (1971-2008), 2006. http://www.theses.fr/2006STR30011.

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La reconnaissance des unions hors mariage, l'ouverture du mariage et la redéfinition en général de la famille qui se sont produits à la fin du XX siècle et au début du XXI déstabilisent la transposition juridique des systèmes de valeurs hétéronormatifs. La recherche aborde l'impact de l'orientation sexuelle sur les institutions familiales sous un angle de théorie du droit. Elle consiste d'abord dans une appréhension postmoderniste de la diversité, puis retrace l'évolution historique des unions homosexuels et du mariage. Ensuite, la clarification des éléments constitutifs et l'analyse économiqu
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DUTRA, DEO CAMPOS. "ENFORCEMENT OF HUMAN RIGHTS THROUGH PRIVATE INTERNATIONAL LAW: THE HAGUE CONVENTIONS ON FAMILY MAINTENANCE AS EXPRESSION OF CONTEMPORARY INTERNATIONAL FAMILY LAW." PONTIFÍCIA UNIVERSIDADE CATÓLICA DO RIO DE JANEIRO, 2010. http://www.maxwell.vrac.puc-rio.br/Busca_etds.php?strSecao=resultado&nrSeq=35051@1.

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PONTIFÍCIA UNIVERSIDADE CATÓLICA DO RIO DE JANEIRO<br>O Direito Internacional Privado, tendo como eixo axiológico o homem, é um dos mais importantes instrumentos da ciência jurídica no reconhecimento e preservação da dignidade e dos direitos humanos. Em se tratando de família, essa propriedade vem sendo notada no decorrer de sua história, fornecendo ao homem a oportunidade de ter sua dignidade respeitada das mais diversas formas. A uniformização e a codificação do Direito Internacional Privado, através da composição de grandes ambientes de debates e negociação, como a Convenção Permanente da H
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18

Doughty, Julie. "The functions of family courts." Thesis, Cardiff University, 2011. http://orca.cf.ac.uk/18865/.

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The functions of family courts in England and Wales in making decisions about children are identified as processing disputes and protecting vulnerable individuals, with latent functions of applying and influencing social policy. The thesis explores why family courts have been singled out for particular criticism in undertaking these functions. Two issues are examined: complaints that family court proceedings are held in secret and that a court is not the appropriate place for resolving disputes about children. The methods used are historical analysis, a comparison with courts in Australia, and
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19

Brown, Alan. "What is the family of the law? : the influence of the nuclear family model." Thesis, University of Strathclyde, 2016. http://digitool.lib.strath.ac.uk:80/R/?func=dbin-jump-full&object_id=27855.

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This thesis argues that the legal understanding of ‘family’ is underpinned by a particular idealised image of the family; the ‘nuclear family’,comprising the nexus of the conjugal relationship and the ‘parent/child’relationship. I contend that this model of family is premised upon the traditional, distinct, gendered roles of ‘father as breadwinner’ and ‘mother as homemaker’, which in turn are associated with the historical, liberal understanding of the ‘public/private’ divide and the orthodox construction of the legal subject as rational, autonomous and self-interested. Theinfluence of the nuc
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St-Arnaud, Anouk. "The Peruvian family violence law adoption and implementation challenges /." [Gainesville, Fla.] : University of Florida, 2005. http://purl.fcla.edu/fcla/etd/UFE0010818.

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21

Pilgram, Lisa. "British-Muslim family law as a site of citizenship." Thesis, Open University, 2018. http://oro.open.ac.uk/57593/.

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The Archbishop of Canterbury's speech on 'Civil and Religious Law in England', delivered a decade ago, attracted considerable public and academic attention. In the years that followed a 'Sharia debate' emerged, where traces of (legal) orientalism became especially visible in an essentialist portrayal of 'Sharia' as being in opposition to 'the West'. What was absent in this debate, which was conducted at the abstract level of compatibility-incompatibility, East-West, law-religion, is an analysis of the actual practices of family law of Muslims in contemporary Britain. People marry, divorce, bri
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22

Frias-Armenta, Martha. "Law, psychology, family relations and child abuse in Mexico." Diss., The University of Arizona, 1999. http://hdl.handle.net/10150/288957.

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The purpose of this study was to empirically assess the validity of legal assumptions regarding the use of physical punishment by Mexican parents with their children. Three legal assumptions were identified and tested in the studied Mexican legal framework: (1) parents always act in the best interest of their children; (2) non-severe physical punishment is an adequate and nonharmful strategy for rising children; and (3) parents discriminate between moderate/corrective punishment and severe child abuse. One hundred-fifty mothers living in the Northwestern Mexican State of Sonora were interviewe
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23

Adelman, Ian. "Income splitting among family members : the attribution rules." Thesis, McGill University, 1986. http://digitool.Library.McGill.CA:80/R/?func=dbin-jump-full&object_id=60524.

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This thesis is a study of certain means available to taxpayers who wish to split their income with other members of their family and thereby reduce their taxes. There are essentially four sections to the study: (a) a description of the Canadian system of taxation of the family and the reasons why the Income Tax Act treats each individual as a separate unit for income tax purposes as opposed to recognizing the family unit itself as the basis for taxation; (b) an analysis of the tax consequences of loans and transfers of property between spouses; (c) an analysis of the tax consequences of loans
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24

Griffiths, Anne M. O. "Law and the family in Molepolole : a study of family disputes in a Kwena village." Thesis, London School of Economics and Political Science (University of London), 1988. http://ethos.bl.uk/OrderDetails.do?uin=uk.bl.ethos.298701.

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25

Aguilar, Llanos Benjamín. "A view from Family Law and Inheritance Law, concerning the right of residence of the surviving spouse or survivor is the case of the cohabitation." IUS ET VERITAS, 2016. http://repositorio.pucp.edu.pe/index/handle/123456789/123036.

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This article focuses on the family estate and the natural fact as death does not end the legal relationships that have led to the heritage that formed the family heritage, this transcends the subject. Therefore, the law regulates the transfer of the rights goods and obligations of the deceased in favor of the person that are his successors. In conclusion, death generates legal consequences.<br>El presente artículo versa sobre el patrimonio familiar y como un hecho natural como la muerte no culmina las relaciones jurídicas que han dado lugar al patrimonio que formó, sino que ésta trasciende al
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26

Chu, Mai-lee Christine, and 朱美莉. "The mother-in-law and daughter-in-law relationships during the transition to parenthood." Thesis, The University of Hong Kong (Pokfulam, Hong Kong), 1992. http://hub.hku.hk/bib/B31976955.

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Anderson, Whitney Allison. "“You’re Not Part of the Family”: Understanding the Turning Points and Family System Consequences of High Conflict Mother-/Daughter-in-Law Relationships." Diss., North Dakota State University, 2016. http://hdl.handle.net/10365/25667.

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Popular culture representations of in-law relationships are frequently negative, and research has affirmed the communication difficulties associated with these non-kin, nonvoluntary relationships. Mother-in-law/daughter-in-law (MIL/DIL) relationships face unique challenges, as these women compete for the position of “kinkeeper,” or the person who manages relationships throughout the family. When MIL/DIL relationships are characterized by conflict and negative feelings toward one another, the family system suffers. To better understand the implications of “high conflict” MIL/DIL relationships o
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Ringelevičienė, Violeta. "Šeimos teisės socialinis veiksmingumas." Master's thesis, Lithuanian Academic Libraries Network (LABT), 2006. http://vddb.library.lt/obj/LT-eLABa-0001:E.02~2007~D_20061228_203302-68080.

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Šio darbo tikslas – remiantis mokslinės literatūros, teisės aktų ir teismų praktikos analize atskleisti šeimos santykių teisinio reguliavimo socialinį veiksmingumą. Darbą sudaro trys dalys. Pirma dalis – Šeimos teisės socialinio veiksmingumo samprata. Joje išanalizuota mokslinė literatūra, siekiant atskleisti šeimos, šeimos teisės ir socialinio veiksmingumo sampratas. Antra dalis – Šeimos santykių teisinis reglamentavimas. Atlikta Lietuvos ir tarptautinių teisės aktų, reglamentuojančių santuokos sudarymo ir nutraukimo, asmeninius ir turtinius sutuoktinių bei asmeninius ir turtinius tėvų ir vai
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Brophy, Julia Anne. "Law, state and the family : the politics of child custody." Thesis, University of Sheffield, 1985. http://etheses.whiterose.ac.uk/1795/.

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Law State and the Family: the Politics of Child Custody is an examination of the development of law and legal practices in relation to mothers and the legal custody of children. It maps the history of statute law and re-reads legal practice focusing upon the way in which these practices reproduce and sustain the conditions of motherhood. The first section documents the construction of the infant as a legal subject and the emergence of mothers legal rights in relation to children under the nineteenth century Guardianship Acts. The second section examines debates regarding the role of the state
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Anderson, Whitney Allison. "?You?re Not Part of the Family?: Understanding the Turning Points and Family System Consequences of High Conflict Mother-/Daughter-in-Law Relationships." Diss., North Dakota State University, 2016. http://hdl.handle.net/10365/25667.

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Popular culture representations of in-law relationships are frequently negative, and research has affirmed the communication difficulties associated with these non-kin, nonvoluntary relationships. Mother-in-law/daughter-in-law (MIL/DIL) relationships face unique challenges, as these women compete for the position of ?kinkeeper,? or the person who manages relationships throughout the family. When MIL/DIL relationships are characterized by conflict and negative feelings toward one another, the family system suffers. To better understand the implications of ?high conflict? MIL/DIL relationships o
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31

Davie, Michael James. "An examination of policy-orientated choice of law theory with particular reference to family law matters." Thesis, University of Oxford, 1991. http://ethos.bl.uk/OrderDetails.do?uin=uk.bl.ethos.334045.

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Moosa, Ebrahim. "Application of Muslim personal & family law in South Africa : law, ideology and socio-political implications." Master's thesis, University of Cape Town, 1989. http://hdl.handle.net/11427/14344.

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Includes bibliography.<br>What I have coined as 'politics' occur at two levels, namely at the level of the differing political perceptions of Muslims and at the level of how they interact with the modern-state. This study approaches the subject from two angles. The first deals with a community's self-perception in relation to its religious symbols and values. The second involves an understanding of the human reality we experience. Law, ideology, economics and a host of other forces dictate the destinies of people. It is against the backdrop of the above two levels that the implications of the
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Chu, Mai-lee Christine. "The mother-in-law and daughter-in-law relationships during the transition to parenthood." [Hong Kong : University of Hong Kong], 1992. http://sunzi.lib.hku.hk/hkuto/record.jsp?B1340944X.

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34

Bayley, Bruce K. "Fear of Crime and Perceptions of Law Enforcement Among American Youth." DigitalCommons@USU, 2002. https://digitalcommons.usu.edu/etd/2743.

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Fear of crime and the public's satisfaction with police has been a focus of criminologists for a number of years. Most studies, however, have focused on the general population as a whole. What is not known is how fearful American youth are of the crime in their neighborhoods and how they perceive those in law enforcement. The purpose of this study was to explore this subgroup of the population and to begin the investigation of youths' fear of crime and their perceptions of law enforcement. Using a national sample of 1,897 youth ages 16-25 collected from 12 cities throughout the United States,
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Brown, Amanda J. "Protection from child emotional abuse in family law parenting matters over two regimes of the Family Law Act 1975 (Cth): Policy, legislation and judicial reasoning." Thesis, Queensland University of Technology, 2017. https://eprints.qut.edu.au/112815/2/Amanda_Brown_Thesis.pdf.

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This thesis explored whether Australian family law adequately protects emotionally abused children in parenting matters. It explored the nature of child emotional abuse, and analysed two regimes of the Family Law Act 1975 and their political underpinnings. It analysed case law to understand judicial interpretation and application of the law. Applying social science understandings of child emotional abuse, this thesis found Australian family law – as embodied in legislation, case law, and policy - has not adequately dealt with this form of child maltreatment. Findings indicate the need to devel
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Kirton-Darling, Edward. "Looking for justice : the family and the inquest." Thesis, University of Kent, 2016. https://kar.kent.ac.uk/54746/.

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This thesis critically examines the claim that ‘family’ is at the heart of the contemporary inquest system, analysing the impact of this putative change on the construction of kinship, death and the legal. Adopting an interdisciplinary approach, it engages with socio-legal and cultural analyses of death; family and kinship scholarship; and critical legal scholarship on death and the state. In doing so it reveals the richness of the inquest as an area of law which has hitherto attracted relatively little attention but which merits extended exploration. Drawing on historical and jurisprudential
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Thompson, Von. "Law reform, conciliation and domestic violence /." Title page, contents and abstract only, 1998. http://web4.library.adelaide.edu.au/theses/09ARM/09armt477.pdf.

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Martin, Lauren Leigh. "TECHNOLOGIES OF APPREHENSION: THE FAMILY, LAW, SECURITY, AND GEOPOLITICS IN US NONCITIZEN FAMILY DETENTION POLICY AND PRACTICE." UKnowledge, 2011. http://uknowledge.uky.edu/gradschool_diss/138.

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This dissertation examines how US immigrant family detention policy emerged from reinvigorated border security priorities, immigration policing practices, and international migration flows. Based on a qualitative mixed methods approach, the research traces how discourses of threat, vulnerability, and safety produce detainable child and parent subjects that displace “the family” as a legal entity. I show that immigration law relies on specific kinds of geographical knowledge, producing what I call the ‘geopolitics of vulnerability.’ More broadly, I analyze how current immigration enforcement pr
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Beck, Connie Jean Allen. "Family mediation myths and facts." Diss., The University of Arizona, 1999. http://hdl.handle.net/10150/288929.

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Because of the many problems associated with litigating family disputes, mediation has been proposed as an alternative. Its proponents, claiming wide-ranging benefits for both the litigants and the legal system, have had tremendous success in advancing mediation in social policy. Because of the significant growth in the use of mediation across the country, this dissertation critically assesses the validity of its claimed benefits. The dissertation first considers the role of pro se representation and its potential consequences for evaluating mediation because of the increased use of pro se rep
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Chisompola, Lois. "A tentative proposal for mediation in the Zambian Family Court." Master's thesis, Faculty of Law, 2021. http://hdl.handle.net/11427/33678.

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These changes have set stage for the development of family law in Zambia as well as the growth of alternative dispute resolution, particularly, mediation. They also bring to the forefront the opportunity and challenge of re-envisioning what a court system should look like. This study seeks to assess how each of these changes can fit together into one comprehensive system for a Family Court model.
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Ren, Min. "From concubine to Ernai : a comparative study on Chinese family law." Thesis, University of Macau, 2010. http://umaclib3.umac.mo/record=b2147562.

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Baobeid, Iman. "Engendering unification : family law and women's legal subjectivity in Southern Yemen." Thesis, University of British Columbia, 2017. http://hdl.handle.net/2429/63365.

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The full abstract for this thesis is available in the body of the thesis, and will be available when the embargo expires.<br>Arts, Faculty of<br>Gender, Race, Sexuality and Social Justice, Institute for<br>Graduate
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Howieson, Jillian Alice. "Family law dispute resolution : procedural justice and the lawyer-client interaction." University of Western Australia. Law School, 2009. http://theses.library.uwa.edu.au/adt-WU2009.0109.

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While several Australian and international studies have explored the family lawyer-client interaction, these studies have been limited to investigations of discrete areas of the lawyerclient relationship and have been necessarily limited in their methodologies. The present study employed a quantitative empirical methodology in an Australian wide field study of 230 family lawyers and 94 clients that investigated the family lawyer-client interaction from a procedural justice framework. Using multivariate analyses, the study establishes that the Tyler and Blader two-component model of procedural
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44

Grubbs, Judith Evans. "Law and family in late antiquity : the emperor Constantine's marriage legislation /." Oxford : Clarendon Press, 1995. http://www.gbv.de/dms/spk/sbb/recht/toc/278979092.pdf.

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Böheim, Rene, Marco Francesconi, and Martin Halla. "Does Custody Law Affect Family Behavior In and Out of Marriage?" WU Vienna University of Economics and Business, 2013. http://epub.wu.ac.at/3821/1/wp149.pdf.

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We examine the effect of joint custody on marriage, divorce, fertility and female employment in Austria using individual-level administrative data, covering the entire population. We also use unique data obtained from court records to analyze the effect on post-divorce outcomes. Our estimates show that joint custody significantly reduces divorce and female employment rates, significantly increases marriage and marital birth rates, and leads to a substantial increase in the total money transfer received by mothers after divorce. We interpret these results as evidence against Becker-Coas
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O'Hanlon, Johanne Elizabeth. "Can lessons from game theory be applied to family law negotiations?" Thesis, McGill University, 2006. http://digitool.Library.McGill.CA:80/R/?func=dbin-jump-full&object_id=99557.

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The author suggests using lessons from Game Theory to improve the negotiation process and to construct more fitting agreements upon the breakdown of the family unit in the cases of separation or divorce. Currently many settlement agreements are inappropriate for the parties for a variety of reasons, including not establishing the parties' true interests during the negotiations. Furthermore, an inappropriate agreement may not be reopened by the court, given strict procedural and jurisprudential requirements. Game Theory lessons promote communication, cooperation, and forgiveness without allowin
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McCandless, Julie. "Reproducing the sexual family: law, parenthood and gender in assisted reproduction." Thesis, Keele University, 2009. http://ethos.bl.uk/OrderDetails.do?uin=uk.bl.ethos.518310.

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Parker, Marie. "Marital property agreements, the family and the law : status and contract?" Thesis, Bangor University, 2013. https://research.bangor.ac.uk/portal/en/theses/marital-property-agreements-the-family-and-the-law-status-and-contract(1f72b0bb-ee4f-4d7e-ac85-00f07fa15630).html.

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Garland, Fae Sinead. "Valuing domestic contributions : a search for a solution for family law." Thesis, University of Exeter, 2012. http://hdl.handle.net/10871/10201.

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Currently, a great schism exists in the way that the law of financial provision treats cohabiting and married couples on relationship breakdown. Given that research consistently demonstrates that women are predominantly responsible for carrying out homemaking activities regardless of employment status, at the heart of this divide is the way that the law attributes value to this traditionally female role. In the married context, on divorce, breadwinning and homemaking contributions have equal value, yet in the cohabitation context only financial contributions are recognised, with homemaking hav
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Grubbs, Judith Evans. "Law and family in late Antiquity : the emperor Constantine's marriage legislation /." Oxford (GB) : Oxford university press, 2003. http://catalogue.bnf.fr/ark:/12148/cb40041584s.

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