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Author: MELISSA A.. HALE KUCINSKI (BRUCE. COFFEE, MICHAEL S.) Publisher: West Academic Publishing ISBN: 9781647084288 Category : Languages : en Pages : 699
Book Description
This casebook provides a comprehensive, accessible, and up-to-date analysis of family law from comparative and private international law perspectives. It emphasizes the need to examine complex cross-border family situations by comparing legal systems and understanding the jurisdictional overlay, with a particular focus on the United States. The casebook addresses some of the most intimate and legally complicated situations in which cross-border families find themselves, including the validity of foreign marriages, simultaneous divorce proceedings in multiple countries, the changing law in creating families using adoption and assisted reproductive technology, and how to remedy an international parental child abduction. In addition, the book dives into the importance of judicial assistance treaties and laws when understanding the legal issues, including the necessity to have proper service in a foreign country, obtaining evidence overseas, and authenticating foreign public documents. This book is a superb companion for law students and practitioners alike, and can readily be used in a traditional theory-based class and in practicum courses. It provides substantive material for a course on International Family Law, or can supplement a course on Family Law, International Law, or Comparative Law.
Author: MELISSA A.. HALE KUCINSKI (BRUCE. COFFEE, MICHAEL S.) Publisher: West Academic Publishing ISBN: 9781647084288 Category : Languages : en Pages : 699
Book Description
This casebook provides a comprehensive, accessible, and up-to-date analysis of family law from comparative and private international law perspectives. It emphasizes the need to examine complex cross-border family situations by comparing legal systems and understanding the jurisdictional overlay, with a particular focus on the United States. The casebook addresses some of the most intimate and legally complicated situations in which cross-border families find themselves, including the validity of foreign marriages, simultaneous divorce proceedings in multiple countries, the changing law in creating families using adoption and assisted reproductive technology, and how to remedy an international parental child abduction. In addition, the book dives into the importance of judicial assistance treaties and laws when understanding the legal issues, including the necessity to have proper service in a foreign country, obtaining evidence overseas, and authenticating foreign public documents. This book is a superb companion for law students and practitioners alike, and can readily be used in a traditional theory-based class and in practicum courses. It provides substantive material for a course on International Family Law, or can supplement a course on Family Law, International Law, or Comparative Law.
Author: Publisher: Aspatore Books ISBN: 9780314286352 Category : Conflict of laws Languages : en Pages : 0
Book Description
International Family Law provides an authoritative, insider's perspective on the latest developments and trends affecting family law in foreign countries. Written by leading family law attorneys, this book guides the reader through important issues such as custody and support. From citizenship and immigration laws across the globe to the Hague Convention on the Civil Aspects of International Child Abduction, these experienced attorneys examine legislation affecting marriage and divorce in an international setting. These experts also discuss asset division, pre- and postnuptial agreements, and the various cultural differences and barriers that can affect family law outside of the United States. The different niches represented and the breadth of perspectives presented enable readers to get inside some of the great legal minds of today, as these experienced lawyers offer up their thoughts around the keys to success within this ever-changing field.
Author: Leisy J. Abrego Publisher: Stanford University Press ISBN: 0804790574 Category : Social Science Languages : en Pages : 272
Book Description
Widening global inequalities make it difficult for parents in developing nations to provide for their children, and both mothers and fathers often find that migration in search of higher wages is their only hope. Their dreams are straightforward: with more money, they can improve their children's lives. But the reality of their experiences is often harsh, and structural barriers—particularly those rooted in immigration policies and gender inequities—prevent many from reaching their economic goals. Sacrificing Families offers a first-hand look at Salvadoran transnational families, how the parents fare in the United States, and the experiences of the children back home. It captures the tragedy of these families' daily living arrangements, but also delves deeper to expose the structural context that creates and sustains patterns of inequality in their well-being. What prevents these parents from migrating with their children? What are these families' experiences with long-term separation? And why do some ultimately fare better than others? As free trade agreements expand and nation-states open doors widely for products and profits while closing them tightly for refugees and migrants, these transnational families are not only becoming more common, but they are living through lengthier separations. Leisy Abrego gives voice to these immigrants and their families and documents the inequalities across their experiences.
Author: Kristin E. Heyer Publisher: Georgetown University Press ISBN: 158901930X Category : Political Science Languages : en Pages : 210
Book Description
The failure of current immigration policies in the United States has resulted in dire consequences: a significant increase in border deaths, a proliferation of smuggling networks, prolonged family separation, inhumane raids, a patchwork of local ordinances criminalizing activities of immigrants and those who harbor them, and the creation of an underclass--none of which are appropriate or just outcomes for those holding Christian commitments. Heyer analyzes immigration in the context of fundamental Christian beliefs about the human person, sin, family life, and global solidarity to illuminate the plight of and receptivity to undocumented immigrants in this country, particularly immigrants from Mexico. She demonstrates how current US immigration policies reflect harmful neoliberal economic priorities, and why immigration cannot be reduced to security or legal issues alone; rather, immigration involves a broad array of economic issues, trade policies, concerns of cultural tolerance and criminal justice, and, at root, an understanding of the human person. Grounded in scriptural, anthropological, and social teachings, a Christian ethic of immigration calls society to promote structures and practices reflecting kinship and justice. The person-centered approach Heyer proposes demands basic changes to systems and rhetoric that abet and disguise immigrants' exploitation and death, requiring enhanced human rights protections and respect for the rule of law. Central to this ethic is attentiveness to the lived experiences of immigrants and a theologically inspired summons to "subversive hospitality."
Author: Paul Arnell Publisher: Routledge ISBN: 1136575197 Category : Law Languages : en Pages : 205
Book Description
This book examines the application of UK Criminal and Human Rights Law to people and circumstances outside the United Kingdom. Building upon previous analyses which have focused on a single aspect of extraterritorially, this book examines the fields of Criminal and Human Rights law as the two main areas of non-private law which are frequently applied across borders. Both fields are placed in context before being drawn together in a coherent and systematic way. The book examines recent law and practice, as well as historic developments and explores the concept of enforcement. The author’s analysis includes coverage of topics such as the criminalisation of sex-tourism, the extradition of white-collar criminals and the application of human rights law to Iraq following American and British intervention in the region. Law Across Borders goes on to point the way forward in the development of the extraterritorial application of public law, and suggests ways in which greater coherence can be achieved. This book will be of particular interest to practitioners, academics and scholars of International Law, Human Rights Law and Criminal Law. It is unique in its ambition to offer a comprehensive description and analysis of the extra-territorial application of UK Human Rights Law and Criminal Law in a single text.
Author: Heide Castañeda Publisher: Stanford University Press ISBN: 1503607925 Category : Social Science Languages : en Pages : 382
Book Description
Borders of Belonging investigates a pressing but previously unexplored aspect of immigration in America—the impact of immigration policies and practices not only on undocumented migrants, but also on their family members, some of whom possess a form of legal status. Heide Castañeda reveals the trauma, distress, and inequalities that occur daily, alongside the stratification of particular family members' access to resources like education, employment, and health care. She also paints a vivid picture of the resilience, resistance, creative responses, and solidarity between parents and children, siblings, and other kin. Castañeda's innovative ethnography combines fieldwork with individuals and family groups to paint a full picture of the experiences of mixed-status families as they navigate the emotional, social, political, and medical difficulties that inevitably arise when at least one family member lacks legal status. Exposing the extreme conditions in the heavily-regulated U.S./Mexico borderlands, this book presents a portentous vision of how the further encroachment of immigration enforcement would affect millions of mixed-status families throughout the country.
Author: Barbara Stark Publisher: Routledge ISBN: 1317043111 Category : Law Languages : en Pages : 422
Book Description
Globalisation, and the vast migrations of capital and labour that have accompanied it in recent decades, has transformed family law in once unimaginable ways. Families have been torn apart and new families have been created. Borders have become more porous, allowing adoptees and mail order brides to join new families and women fleeing domestic violence to escape from old ones. People of different nationalities marry, have children, and divorce, not necessarily in that order. They file suits in their respective home states or third states, demanding support, custody, and property. Otherwise law-abiding parents risk jail in desperate efforts to abduct their own children from foreign ex-spouses. The aim of this Handbook is to provide scholars, postgraduate students, judges, and practioners with a broad but authoritative review of current research in the area of International Family Law. The contributors reflect on a range of jurisdictions and legal traditions and their approaches vary. Each chapter has a distinct subject matter and was written by an author who was invited because of his or her expertise on that subject. This volume provides a valuable contribution to emerging understandings of the subject.
Author: Melissa L. Breger Publisher: Rowman & Littlefield ISBN: 1793618364 Category : Law Languages : en Pages : 409
Book Description
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.
Author: Daphna Hacker Publisher: Cambridge University Press ISBN: 9781316508213 Category : Law Languages : en Pages : 0
Book Description
Providing a panoramic and interdisciplinary perspective, this book explores the interrelations between globalization, borders, families and the law. It considers the role of international, multi-national and religious laws in shaping the lives of the millions of families that are affected by the opportunities and challenges created by globalization, and the ongoing resilience of national borders and cultural boundaries. Examining familial life-span stages - establishing spousal relations, raising children and being cared for in old age - Hacker demonstrates the fruitfulness in studying families beyond the borders of national family law, and highlights the relevance of immigration and citizenship law, public and private international law and other branches of law. This book provides a rich empirical description of families in our era. It is relevant not only to legal scholars and practitioners but also to scholars and students within the sociology of the family, globalization studies, border studies, immigration studies and gender studies.
Author: MELISSA A.. HALE KUCINSKI (BRUCE. COFFEE, MICHAEL S.)
Author: MELISSA A.. HALE KUCINSKI (BRUCE. COFFEE, MICHAEL S.)
Author: 
Author: Leisy J. Abrego
Author: Kristin E. Heyer
Author: Paul Arnell
Author: Heide Castañeda
Author: Debbie Ong
Author: Barbara Stark
Author: Melissa L. Breger
Author: Daphna Hacker