Tuesday, July 21, 2009

Uniform Collaborative Law Act Approved by Uniform Law Commission

Family Law Prof Andrew Shepherd, of Hofstra Law School, reporter for the Uniform Collaborative Law Act, reports that the Uniform Law Commission voted to adopt the Act on July 15th at its meeting in Santa Fe.  The Act recognizes collaborative law as an alternative dispute resolution process. It is also the first uniform act that articulates requirements for informed client consent to participate in an alternative dispute resolution process and a duty upon lawyers to protect the safety of clients from domestic violence when the client participates in ADR.  The Act now goes to the Style Committee for final review, and Professor Schepard  have to revise the Act's commentary. It then goes to the ABA House of Delegates and, ultimately, the state legislatures for enactment.

Just a reminder that Hofstra Law School is hosting a conference on collaborative law and the UCLA on Thursday, November 19th and Friday, November 20th. 

July 21, 2009 | Permalink | Comments (0) | TrackBack (0)

New Book: Same Sex Marriage and Religious Liberty

ILaw Profs. Robin Fretwell Wilson, of Washington and Lee University, and Douglas Laycock, of the University of Michigan have published Same-Sex Marriage and Religious Liberty:  Emerging Conflicts (Rowman & Littlefield 2008).   According to their announcement of the book: This is not another book about the pros and cons of same-sex marriage.  Rather, this volume assumes that same-sex marriage is and will be the law for a significant part of the population, and asks the next question:  What happens to religious dissenters?  When government recognizes same-sex marriage, will every private citizen also have to recognize these marriages?  That question is already arising in many contexts, from wedding photographers to reproductive medical services to fringe benefits and even to freedom of speech.  The question is whether we can have sexual liberty for same-sex couples and religious liberty for conscientious objectors, or whether the recognition of one of these liberties will inevitably preclude the other, so that we are forced to choose between them.

The contributors include both opponents and supporters of same-sex marriage, and experts on religious liberty, family law, and gay rights.  They survey existing litigation and explore a range of possible solutions to the emerging conflict between same-sex marriage and religious liberty.  All the contributors are lawyers writing for a legal audience.

July 21, 2009 | Permalink | Comments (0) | TrackBack (0)