GENDER ISSUES IN FAMILY LAW

Family mediation has been the target of criticism from feminists, the legal profession, and mental health professionals. Although this article will primarily address the concerns of feminists, it will, to a limited extent, address some of the concerns put forth by the other groups because of the similarities in their perspectives. Many of the concerns and issues expressed by feminists are valid on one hand, yet contradictory on the other. By exploring the gains made by women and how these gains were incorporated in the Ontario Family Law Act, the contradictions inherent in their arguments will be revisited and discussed in relation to a feminist-informed mediation process. This article will explore seven aspects of the feminist critique of family mediation: protection of women and children's rights, spousal and child support, equal distribution of marital property, negotiations, empowerment, custody, and spousal abuse. Many of these issues are intertwined and therefore will occasionally be discussed in relation to other issues.     

The maternity care needs of refugee and asylum seeking women in Ireland

This article presents some of the findings from the original research carried out with asylum seeking and refugee women in Ireland who were pregnant or who had recently given birth. The explosion in numbers in Ireland from 1998 onwards has been such that this group now comprises more than one in five of every birth in the country's three major maternity hospitals, all based in Dublin. The article explores the background reasons for the major increase in recent years of this group of women. It discusses the difficult circumstances encountered by women who must engage with a system of maternity care unused to such complex needs, amidst a general policy climate of uncertainty and even hostility towards asylum seekers. The research findings contribute to the feminist literature on maternity and challenge us to examine the way in which globalization is impacting on women as mothers and the need for challenging Western states anew on the development of a more coherent model of maternity care in response to the needs of such women.     

PROTECTION FOR WHOM?

For several decades almost all the states have addressed the goal of ensuring an adequate supply of blood and blood products through the provision of “blood shield laws.” These laws shield the blood industry from strict liability in the case of viral or other contamination of blood or its components. These laws were passed with little regard for other considerations, such as safety incentives. This article traces the development of the blood industry, its influence on state and national blood policy, and the consequences of such policy for people infected with hepatitis and HIV through blood and blood products. The authors conclude that the closed nature of the policy process has had negative consequences for the creation of blood policy that should balance concerns of both supply and safety.     

SANE/SART Services for Sexual Assault Victims: Policy Implications

A study of 530 sexual assault cases from three jurisdictions tested the efficacy of sexual assault nurse examiner/sexual assault response team (SANE/SART) programs as a tool in the criminal justice system. Policy implications from the findings recommend a SANE training curriculum for the rape examination and biological evidence collection; SANE/SART programs for a multidisciplinary effort in the investigation and prosecution of cases, alternative disposition for cases whereby the victim and offender know each other, and a risk management plan for combating recidivism.     

Decision theory and standards of proof

Conclusion What is important about Kaplan's thesis is not whether his model succeeds in particular applications and in its present form, but that it indicates a method for analyzing the legal system which could improve it. This is not inconsistent with the lesson to be learned from Tribe.What is important in Tribe's position is the realization that the possible consequences of changing long-established and deeply entrenched social institutions should not be taken lightly. At the same time, avoiding problems by formulating principles vaguely enough that conflicts are simply not apparent is in no sense a solution. The lesson to be learned is not halt, but proceed with caution.     

Race against timekeeper: big cat can't stop non-competing registration of identical mark

The Irish High Court dismissed an appeal by Jaguar Cars againstthe rejection of its opposition to the registration of the trademark JAGUAR by Montres Jaguar.     

Determining distinctiveness in infringement proceedings

In determining the distinctiveness of a trade mark in infringementproceedings, a court must look at the perception of the relevantpublic at the time when use of the infringing sign commenced;an order to cease using the infringing sign may often be appropriatewhere loss of distinctive character derives from the defendant'sactions.