Recent Supreme Court Rulings on Child Testimony in Sexual Abuse Cases

1992 ◽  
Vol 1 (2) ◽  
pp. 61-73 ◽  
Author(s):  
Malcolm A Gordon
Keyword(s):  
Sexual Abuse ◽  
Supreme Court ◽  
Child Testimony ◽  
Supreme Court Rulings

Malpractice & Negligence: State Supreme Courts Limit Therapists’ Duties to Third Parties

1999 ◽  
Vol 27 (2) ◽  
pp. 204-205
Author(s):  
Megan Cleary
Keyword(s):  
Sexual Abuse ◽  
Child Sexual Abuse ◽  
Supreme Court ◽  
New Hampshire ◽  
Third Parties ◽  
State Supreme Courts ◽  
Recovered Memories ◽  
Supreme Courts ◽  
Repressed Memory ◽  
University Of Colorado

In recent years, the law in the area of recovered memories in child sexual abuse cases has developed rapidly. See J.K. Murray, “Repression, Memory & Suggestibility: A Call for Limitations on the Admissibility of Repressed Memory Testimony in Abuse Trials,” University of Colorado Law Review, 66 (1995): 477-522, at 479. Three cases have defined the scope of liability to third parties. The cases, decided within six months of each other, all involved lawsuits by third parties against therapists, based on treatment in which the patients recovered memories of sexual abuse. The New Hampshire Supreme Court, in Hungerford v. Jones, 722 A.2d 478 (N.H. 1998), allowed such a claim to survive, while the supreme courts in Iowa, in J.A.H. v. Wadle & Associates, 589 N.W.2d 256 (Iowa 1999), and California, in Eear v. Sills, 82 Cal. Rptr. 281 (1991), rejected lawsuits brought by nonpatients for professional liability.

A Look Back: Church, state, and Kappan

2021 ◽  
Vol 102 (5) ◽  
pp. 5-7
Author(s):  
Teresa Preston
Keyword(s):  
Public Schools ◽  
Supreme Court ◽  
School Policy ◽  
Policy And Practice ◽  
Religious Instruction ◽  
Look Back ◽  
Diverse World ◽  
Supreme Court Rulings ◽  
Role Of Religion

In this monthly column, Kappan managing editor Teresa Preston looks back at how the magazine has covered questions related to the role of religion in public schools. Authors considered how Supreme Court rulings affected school policy and practice, whether religious instruction is necessary for promoting positive values, and how to encourage respect in a religiously diverse world.

Sexual Politics and Child Protection: They Don't Mix

PEDIATRICS ◽  
1994 ◽  
Vol 94 (1) ◽  
pp. 45-46
Author(s):  
Richard D. Krugman
Keyword(s):  
At Risk ◽  
Sexual Abuse ◽  
Supreme Court ◽  
Child Protection ◽  
Sexually Abused ◽  
Sexual Politics ◽  
Constitutional Amendment ◽  
Gays And Lesbians

The article by Jenny, Roesler, and Poyer in this issue of Pediatrics takes a look at a purported link between homosexuality and the sexual abuse of children. They find no such evidence. The study was prompted by the passage of a constitutional amendment in Colorado in 1992 that prohibited communities from enacting laws including homosexuals in antidiscrimination statutes. The amendment has subsequently been ruled unconstitutional by the Colorado Supreme Court, but other states are considering such legislation as of this writing. Part of the argument used by proponents of these amendments has been that children are at risk of being sexually abused by homosexuals, and therefore the inclusion of gays and lesbians as a class in antidiscrimination statutes would be hazardous to children and would protect molesters.

Legislative Department

2020 ◽  
pp. 73-104
Author(s):  
Danny M. Adkison ◽  
Lisa McNair Palmer
Keyword(s):  
Supreme Court ◽  
House Of Representatives ◽  
The State ◽  
Legislative Authority ◽  
The People ◽  
Definition Of ◽  
The Right ◽  
Supreme Court Rulings ◽  
The U.S

This chapter assesses Article V of the Oklahoma constitution, which concerns the legislative department. Section 1 states that “the Legislative authority of the State shall be vested in a Legislature, consisting of a Senate and a House of Representatives.” However, “the people reserve to themselves the power to propose laws and amendments to the Constitution and to enact or reject the same at the polls independent of the Legislature, and also reserve power at their own option to approve or reject at the polls any act of the Legislature.” Section 2 provides for the designation and definition of reserved powers. Initiative means the power of the people to propose bills, and to enact or reject them at the polls. Referendum is the right of the people to have bills passed by the legislature submitted to the voters for their approval. Meanwhile, in May 1964, the Oklahoma constitution was amended to conform to the U.S. Supreme Court rulings. The amendment passed and Sections 9 through 16 were replaced with Sections 9A through 11E. The chapter then details the provisions for the Senate and the House of Representatives.

The Recent Developments in Custody Law for Muslims in Israel: Gender and Religion

Hawwa ◽  
2010 ◽  
Vol 8 (3) ◽  
pp. 274-316 ◽  
Author(s):  
Moussa Abou Ramadan
Keyword(s):  
Supreme Court ◽  
Legal Capacity ◽  
Best Interest ◽  
Court Of Appeals ◽  
Legal Literature ◽  
Guardianship Law ◽  
The Supreme Court ◽  
Recent Developments ◽  
Back Door ◽  
Supreme Court Rulings

AbstractIn this paper we explore how Shari‘a Courts cope with the issue of custody, in light of two Supreme Court rulings concerning custody cases, in which the regional Shari‘a court suspected the mother of living a Christian way of life. The article aims at discerning the debate between the Shari‘a Court of Appeals and the Supreme Court concerning the Legal Capacity and Guardianship Law and rulings in the issue of child custody, and at proposing an alternative line of interpretation that would help avoiding the debate. The article argues that Shari‘a courts have embarked on a “purification” process, removing secular elements from their legal discourse, both at the rhetoric and symbolic levels, and thus excluding any affinity to secular legislation. The Legal Capacity and Guardianship Law is a main focus of those “purification” efforts. This raises the question of why the Supreme Court actually reversed only so few Shari‘a court rulings. We suggest that it did not have to do so. Though explicitly not basing its rulings on civil law, the Shari‘a Court of Appeals actually imported the principle of the child’s best interest through the back door, by considering it to be a principle acknowledged by Shari‘a. The court reinterpreted religious legal literature and in fact Islamized Israeli law, in the sense of turning an Israeli legal principle into an Islamic one. Another softening of what appears to be a rigid position held by the Shari‘a court may be discerned in its rulings that allow drawing on social workers’ reports in order to determine a child’s best interest.

Das Sonderrecht der Familiengesellschaften

2019 ◽  
Author(s):  
Gerrit Krämer
Keyword(s):  
Supreme Court ◽  
Point Of View ◽  
Acceptable Level ◽  
Practical Relevance ◽  
Valuation Method ◽  
The Family ◽  
Compensation Claim ◽  
Legal Model ◽  
Supreme Court Rulings

In family-owned companies, it is imperative to preserve corporate property for the benefit of the family in question. Despite the high practical relevance of these companies, the question as to whether the applicable legislation satisfies this need has been scarcely addressed from an academic point of view. This thesis remedies this situation with regard to the compensation claim of a withdrawing shareholder and presents an alternative legal model with which the economic burdens of this claim can be limited to an acceptable level. In this respect, the thesis deals with the valuation basis of this claim and drafts a dogmatically and economically more appropriate valuation method for family companies. In addition, it examines the question of which limits are placed on the design of compensation regulations in articles of association and drafts a more appropriate regulation on the basis of supreme court rulings.

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