Regulation of Cohabitation and Marriage in Canada

Marriage in Canada had lost much of its legal significance because of the extension of many of the incidents of marriage to unmarried cohabitants of the same or opposite sex. This process has resulted in large part from decisions of the Supreme Court of Canada that discrimination on the basis of sexual orientation or marital status is constitutionally impermissible. In a decision that seemed to many a surprising reversal of this trend, the Supreme Court of Canada in 2002 ruled that legislators could constitutionally exclude unmarried couples from family property laws. The effect of this decision has been to revive the legal significance of marriage. At the same time, courts have resurrected the social significance of marriage by accepting the argument of same-sex marriage advocates that a "separate but equal" civil union institution would not respect the constitutional guarantee of equality and by endorsing the constitutional right of same-sex couples to the symbolic value of marriage as a public and legal celebration of a relationship. Same-sex marriages may now be legally celebrated in three Canadian provinces, and the federal government has made a commitment to open up civil marriage to same-sex couples across the country. While some same-sex couples and unmarried cohabitants have fought for spousal or marital status, others have sought to avoid the burdens associated with spousal status. After the same-sex marriage debate is concluded, Canada will be ready to move on to consider whether all of the legal privileges and burdens now assigned to those in conjugal relationships, whether married, unmarried, same-sex or opposite-sex, can be justified.     

Unmarried Cohabitation and Parenthood in Britain and Europe

This paper focuses on cohabitation and unmarried parenthood across a range of European nations. It includes a brief outline of the history of cohabitation, reviews recent trends in cohabitation and unmarried parenthood, compares the stability of marital and cohabiting unions, examines the extent to which cohabiting couples are regarded as families, and the final sections include a review of the policy responses to date, as well as a discussion of the impetuses that may lie behind the rise in cohabitation and unmarried parenthood.     

Regulating Marriage and Cohabitation: Changing Family Values and Policies in Europe and North America—An Introductory Critique

The inspiration for this special issue came from our observation that the British and American approaches to family policy in general, and to marriage and cohabitation in particular, set them apart from their closest neighbors in Europe and North America, respectively. While certain demographic trends can be observed across the Western world, the response of Britain and the United States to such trends differs significantly from that of other jurisdictions in terms of family policy.     

Ignorance in Bliss: Modeling Knowledge of Rights in Marriage and Cohabitation

We live our lives against an extensive backdrop of legal rights and responsibilities, yet a growing number of studies indicates low levels of public legal literacy. In the context of opposite‐sex cohabitation and marriage law, this study employs new survey data from the United Kingdom to explore, in detail, how many and which people are ignorant of the law, and what are the nature and origins of erroneous beliefs. We find that people's beliefs about both cohabitation and marriage law are frequently wrong. They are also strikingly similar, and reflect the divergence of social attitudes from the law. Our findings are consistent with the notion that legal literacy links to salience of issue. They are also consistent with recent public legal education initiatives that affected public understanding of cohabitation law, but we argue that social attitudes and the intransigence of erroneous beliefs generally present significant challenges to such initiatives.     

Cohabitation in Twentieth Century England and Wales: Law and Policy

This article reviews the complex, and sometimes conflicting, policies adopted by the law of England and Wales over the course of the twentieth century. Its aim is to highlight the fact that cohabitation is not merely a modern legal issue, but one with which both the legislature and the courts have had to grapple for decades. It argues that reform has been piecemeal and context-specific because the courts and legislature have not adopted a coherent policy toward cohabiting relationships.     

Concordance Between the AmpFℓSTR® MiniFiler™ and AmpFℓSTR® Identifiler® PCR Amplification Kits in the Kuwaiti Population

Abstract:  The AmpFℓSTR^® MiniFiler™ polymerase chain reaction amplification kit, developed and supplied by Applied Biosystems, complements the AmpFℓSTR^® Identifiler^® polymerase chain reaction amplification kit (Applied Biosystems, Warrington, U.K.) by improving the success rate when profiling DNA that is degraded or contains inhibitors. Before applying the MiniFiler™ kit to casework, the profiles from 200 unrelated Kuwaitis were compared to Identifiler^® profiles. Concordance was observed for 99.875% (1598 of 1600) of the compared STR loci. The two discordant profiles displayed allelic dropout: one at the D13S317 locus due to nonamplification of allele 10 in the MiniFiler™ profile, and one at the D18S51 locus due to nonamplification of allele 18 in the Identifiler^® profile.     

The Use of Hemastix® and the Subsequent Lack of DNA Recovery Using the Promega DNA IQTM System

Abstract:  Following implementation of our automated process incorporating the Promega DNA IQ^TM system as a DNA extraction method, a large number of blood-containing exhibits failed to produce DNA. These exhibits had been tested with the Hemastix^® reagent strip, commonly used by police investigators and forensic laboratories as a screening test for blood. Some exhibits were even tainted green following transfer of the presumptive test reagents onto the samples. A series of experiments were carried out to examine the effect of the Hemastix^® chemistries on the DNA IQ^TM system. Our results indicate that one or more chemicals imbedded in the Hemastix^® reagent strip severely reduce the ability to recover DNA from any suspected stain using the DNA IQ^TM magnetic bead technology. The 3,3',5,5'-tetramethylbenzidine (TMB) used as the reporting dye appears to interact with the magnetic beads to prevent DNA recovery. Hydrogen peroxide does not seem to be involved. The Hemastix^® chemistries do not interfere in any way with DNA extraction performed using phenol-chloroform. The incompatibility of the Hemastix^® chemistries on the DNA IQ^TM system forced us to adopt an indirect approach using filter paper to carry out the presumptive test.     

A Multi-Drug Intoxication Fatality Involving Xyrem® (GHB)

Abstract:  Gamma-hydroxybutyrate (GHB) is best known as a recreational depressant drug, whose use has also been implicated in drug facilitated sexual assault cases. It is also available as a therapeutic agent (Xyrem^®) used for the treatment of daytime sleepiness or cataplexy associated with narcolepsy. This is a report of a case of a 53-year-old woman undergoing treatment with Xyrem^® for narcolepsy. The decedent was also prescribed tramadol, gabapentin, cetirizine, modafinil, carisoprodol, and Xyrem^®. Toxicological analysis of the blood revealed GHB 165.6 mg/L, and 90.7 mg/L in the urine. Blood GHB concentrations in the range 156–260 mg/L have been reported to induce moderately sound sleep. The combined use of central nervous system depressant drugs, together with her problematic sleep apnea, and snoring (both contraindications for GHB use) were determined to have caused this subject's death. The manner of death was determined to be accidental.     

Regulation of Cohabitation, Changing Family Policies and Social Attitudes: A Discussion of Britain Within Europe

This article considers the differing legal and policy responses to the common trends of family restructuring away from marriage within Britain and Europe. Conceding that Europe is in the process of losing heterosexual marriage as a universal epicenter of family law at the very time when legal harmonization within Europe is being promoted, it goes on to explore the best way forward for regulating same- and different-sex cohabiting couples. It concludes that the legal response to these trends should be "de-moralized" but principled. A plurality of legal regulative structures to accommodate the now diverse family forms that are found within our less marriage-centric societies should be put in place providing at least some default protection for all families, yet allowing people to opt out and make their own arrangements.     

Amicus Curiae and the Public Interest: A Search for a Standard1

Despite the widespread and influential presence of an increasingly partisan amicus curiae brief, the role of the "friend of the court" brief remains controversial. Changing rules of access and diverging recommendations for its behavior are associated with two distinct views of jurisprudence. A traditional understanding of adversarial proceedings emphasizes the individual interests of the litigants, and correspondingly excludes consideration of non-parties and the general public. An alternative to the traditional, individual-based, liberal jurisprudence (and its skepticism toward public interest arguments) is a recognition of the need to integrate individual and public interests and to find a coherence between them.
The skeptical view of the public interest can be avoided by adopting a post-empiricist view, which recognizes a plurality of interpretations of the public interest. The amicus curiae role, if given wide access, can serve as a tool of inclusive pluralism, which recognizes a diversity of views regarding the public interest and the impact of legal decisions on the public.     

“21世纪的中国宪法学”笔谈

新的世纪来临,人类文明将有更加突飞猛进的发展。我国的法学包括宪法学亦将有重大的发展,必将更加繁荣。我认为中国宪法学的研究主要可侧重在以下四个方面： 1．要加强对马克思主义宪法学基本理论,特别是邓小平宪法理论的深入研究。马克思主义宪法学理论是我们研究宪法的指导思想,只有坚持它,宪法学研究才有正确的方向。我们过去对马克思主义宪法学理论虽然有一定的研究,但还不够系统、全面和深人,需要结合我国新的情况和实践继续深入加以研究。邓...     

'FATCATS' and Prosecution in a Regulatory Agency: A Footnote on the Social Construction of Risk1

This paper explores what, in the context of occupational health and safety regulation, the idea of risk means to legal actors whose task is to assess and act upon risks. It argues that while the occupational risk to the worker is important because it may prompt a regulatory response and it informs decisions about enforcement strategy, the decision-maker contemplating formal legal action will become preoccupied with the risks posed by the legal process to the successful prosecution of the case. The legal risks arise from the nature of regulatory work and the form and character of regulatory law. Legal decisionmakers respond to these risks in a systematic fashion preferring to prosecute cases which are quick, straightforward and unlikely to be defended. This leads to the selection of cases which are breaches of absolute (rather than general) duties and violations of provisions relating to safety rather than health, thereby skewing the application of enforcement.