nonconsenting

Because the detriment to the child standard is necessary to protect the due process rights of nonconsenting biological parents, a conclusion that the General Assembly intended to abandon that standard would lead us to deduce that Code §§ 63.2 – 1203 and – 1205 facially violate the Fourteenth Amendment.

The Volokh Conspiracy » Adoption Over Parent’s Objection Requires Showing That Continued Parent-Child Relationship Would Be Detrimental to the Child  2010

Because this requirement continues to exist, a trial court must make that finding before entering an adoption order over the objection of a nonconsenting parent.

The Volokh Conspiracy » Adoption Over Parent’s Objection Requires Showing That Continued Parent-Child Relationship Would Be Detrimental to the Child  2010

Because the detriment to the child standard is necessary to protect the due process rights of nonconsenting biological parents, a conclusion that the General Assembly intended to abandon that standard would lead us to deduce that Code §§ 63.2–1203 and –1205 facially violate the Fourteenth Amendment.

The Volokh Conspiracy » Adoption Over Parent’s Objection Requires Showing That Continued Parent-Child Relationship Would Be Detrimental to the Child  2010

Because this requirement continues to exist, a trial court must make that finding before entering an adoption order over the objection of a nonconsenting parent.

The Volokh Conspiracy » Adoption Over Parent’s Objection Requires Showing That Continued Parent-Child Relationship Would Be Detrimental to the Child  2010

Further, the Diagnostic and Statistical Manual of Mental Disorders, Fourth Ed., Text Revision states, “The essential features of Paraphilia are recurrent, intense sexually arousing fantasies, sexual urges, or behaviors generally involving * * * or 3 children or other nonconsenting persons that occur over a period of 6 months.”

The Volokh Conspiracy » Add Bad Ethics to the Problems of “Don’t Ask, Don’t Tell”? 2010

Nineteenth-century scholars of private law offered explanations for the opposition, reasoning that alternative ideas about fault account for the different character of state involvement in enforcing private law rights: tort law governs liabilities imposed by law on nonconsenting members of society (and thus, it should limit itself to fault-based conduct), while contract law governs bargained-for duties and liabilities of parties who exercise freedom of contract (and thus, liability voluntarily undertaken need not consider fault).

Kreitner on Fault at the Contract-Tort Interface Mary L. Dudziak 2009

And in the retail sector, aggressive discounting was countered by state-level "fair trade laws," which allowed manufacturers to impose minimum resale prices on nonconsenting distributors.

Nostalgianomics Brink Lindsey 2009

Consenting adult behaviors should be less aberrant, and sex with nonconsenting corpses and children should be more aberrant.

Huckabee Adviser Clarifies Remark About Homosexuality And Necrophilia: They're Both "Aberrant Behavior," But They're At "Opposite Ends Of The Spectrum" 2009

Indeed, Mexican divorces had only questionable validity in American courts and could be successfully contested by a nonconsenting partner.

Jean Starr Untermeyer. 2009

On the other hand, if constitutional legitimacy is based on the justice of imposing laws on a nonconsenting public, then odious background assumptions are irrelevant to construing vagueness.

Archive 2008-12-01 Mary L. Dudziak 2008