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Articles 1 - 17 of 17
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Confounding Identities: The Paradox Of Lgbt Children Under Asylum Law, Susan Hazeldean
Confounding Identities: The Paradox Of Lgbt Children Under Asylum Law, Susan Hazeldean
Faculty Scholarship
No abstract provided.
2011 Survey Of Juvenile Law, Michael J. Dale
2011 Survey Of Juvenile Law, Michael J. Dale
Faculty Scholarship
Atypically, the Supreme Court of Florida was not active during the past year, deciding no cases in the juvenile law field. On the other hand, the intermediate appellate courts were active both in the delinquency area and in the dependency field. As in the past, decisions in the delinquency area involving generic issues of criminal procedure not unique to juvenile delinquency are not covered in this article.
A Short History Of Sex And Citizenship: The Historians' Amicus Brief In Flores-Villar V. United States, Kristin Collins
A Short History Of Sex And Citizenship: The Historians' Amicus Brief In Flores-Villar V. United States, Kristin Collins
Faculty Scholarship
The historians’ amicus brief that accompanies this essay was submitted to the Supreme Court in Flores-Villar v. United States, an equal protection challenge to federal statutes that regulate the citizenship status of foreign-born children of American parents. When the parents of such children are unmarried, federal law encumbers the ability of American fathers to secure citizenship for their children, while providing American mothers with a nearly unfettered ability to do the same. The general question before the Court in Flores-Villar – and a question that the Court has addressed in sum and substance on two other occasions during the last …
Providing Attorneys For Children In Dependency And Termination Of Parental Rights Proceedings In Florida: The Issue Updated, Michael J. Dale
Providing Attorneys For Children In Dependency And Termination Of Parental Rights Proceedings In Florida: The Issue Updated, Michael J. Dale
Faculty Scholarship
Florida's system for providing protection and safety to children in the State's child welfare system has changed over the past decade. Regretfully, the changes do not appear to have had a significant impact in two areas: increasing the safety and protection of children in the system' and providing children with independent attorneys to advocate on their behalf. Investigations, lawsuits, grand juries, amendments to court rules, and newspaper articles continue to demonstrate the myriad failures in the Florida system. Two notorious examples hi-lite the shortcomings: the cases of the foster child, Rilya Wilson, who disappeared in 2001, and Gabriel Myers, who …
All In The Family: Towards A New Representational Model For Parents And Children, Cynthia Godsoe
All In The Family: Towards A New Representational Model For Parents And Children, Cynthia Godsoe
Faculty Scholarship
No abstract provided.
"We Can Work It Out": Using Cooperative Mediation - A Blend Of Collaborative Law And Traditional Mediation - To Resolve Divorce Disputes, Elena Langan
Faculty Scholarship
Elena Langan, "We Can Work it Out": Using Cooperative Mediation - a Blend of Collaborative Law and Traditional Mediation - to Resolve Divorce Disputes, 30 Review of Litigation 245 (2011). Divorce in modern day America is a product of legislative creation, designed as an adversarial process focused on rights and responsibilities.
Regulatory Fictions: On Marriage And Countermarriage, Elizabeth F. Emens
Regulatory Fictions: On Marriage And Countermarriage, Elizabeth F. Emens
Faculty Scholarship
Debates about marriage currently capture much public attention. Scholars have pushed beyond the question of whether gays are worthy of marriage to ask whether marriage is worthy of gays. The present moment of questioning marriage in its current form may be brief Thus, we should take this opportunity to imagine the widest possible range of alternatives to our current marriage regime – what I call countermarriage regimes. This Essay draws on two unlikely sources of legal innovation to expand our thinking about marriage alternatives: literature and anti-gay law. Literature offers an array of countermarriage regimes, including exploding marriage, three-strikes marriage, …
Family Law Scholarship Goes To Court: Functional Parenthood And The Case Of Debra H. V. Janice R., Suzanne B. Goldberg, Harriet Antczak, Mark Musico
Family Law Scholarship Goes To Court: Functional Parenthood And The Case Of Debra H. V. Janice R., Suzanne B. Goldberg, Harriet Antczak, Mark Musico
Faculty Scholarship
Family law literature, while diverse in its exploration of contemporary families, also offers important threads of consensus. These strong points of coherence, when brought together with relevant case law, can be a useful means of advancing the academic conversation as well as engaging directly with courts to shape the law's development.
In a field as complex as family law, myriad academic viewpoints on any given issue often make it difficult to imagine scholarly discussion having utility for courts. As we aim to show here, however, amicus briefs can be important vehicles for synthesizing the literature, highlighting basic points of consensus …
A Primer On The History And Proper Drafting Of Qualified Domestic-Relations Orders, Terrence Cain
A Primer On The History And Proper Drafting Of Qualified Domestic-Relations Orders, Terrence Cain
Faculty Scholarship
The divorce rate in the United States is slightly more than one-half the marriage rate. Divorce is a fact of life in this country, and will likely be so for the foreseeable future. On August 23, 1984, the divorce lawyer’s job got more complicated when Congress created the Qualified Domestic Relations Order ("QDRO") as part of some significant amendments to ERISA. QDROs are necessary because before those 1984 ERISA amendments, a lot of divorced persons discovered that they could be deprived of their marital or community property interest in their former spouses' retirement plans. For most divorcing couples, the two …
Feminism's Family, Clare Huntington
Feminism's Family, Clare Huntington
Faculty Scholarship
To take the pulse of feminist legal theory, a good place to start is family law. Feminist legal theory delves broadly and deeply into questions of structure and gendered assumptions in the law, but within this larger inquiry, feminist scholars perennially address issues that are the bread and butter of family law – domestic violence, reproductive freedom, compensation for care work, equal partnerships, and so on. Many family law scholars are engaged in an ongoing project of developing a critical understanding of the family by examining issues such as the role the family performs in society, the legal construction of …
Deterring Serious And Chronic Offenders, Thomas A. Loughran, Alex R. Piquero, Jeffrey A. Fagan, Edward P. Mulvey
Deterring Serious And Chronic Offenders, Thomas A. Loughran, Alex R. Piquero, Jeffrey A. Fagan, Edward P. Mulvey
Faculty Scholarship
This chapter examines ways of deterring serious and chronic offenders based on evidence from the Pathways to Desistance Study, which addresses the issue of perceptions of deterrence and looks into the mechanisms of deterrence for serious offenders. After a brief overview of the Pathways study, the chapter reviews empirical evidence that demonstrates the rationality of high-risk adolescents regarding involvement in crime. It argues that offenders take into account rational-choice perceptions in their offending decisions and goes on to discuss the elasticity and malleability of these perceptions, and whether adolescent offenders act differently when they change risk and cost perceptions. It …
Peaceful Penetration: Proxy Marriage, Same-Sex Marriage, And Recognition, Kerry Abrams
Peaceful Penetration: Proxy Marriage, Same-Sex Marriage, And Recognition, Kerry Abrams
Faculty Scholarship
No abstract provided.
The M Word: From Partial Coverture To Skills-Based Fiduciary Duties In Marriage, Jo Carrillo
The M Word: From Partial Coverture To Skills-Based Fiduciary Duties In Marriage, Jo Carrillo
Faculty Scholarship
No abstract provided.
What's Fair In Divorce Property Distribution? Cross-National Perspectives From Survey Evidence, Marsha Garrison
What's Fair In Divorce Property Distribution? Cross-National Perspectives From Survey Evidence, Marsha Garrison
Faculty Scholarship
No abstract provided.
Introduction: For Love Or Money? Defining Relationships In Law And Life, Kimberly D. Krawiec, Marion Crain
Introduction: For Love Or Money? Defining Relationships In Law And Life, Kimberly D. Krawiec, Marion Crain
Faculty Scholarship
No abstract provided.
Victimized Twice: The Reasonable Efforts Requirement In Child Protection Cases When Parents Have A Mental Illness, Jeanne M. Kaiser
Victimized Twice: The Reasonable Efforts Requirement In Child Protection Cases When Parents Have A Mental Illness, Jeanne M. Kaiser
Faculty Scholarship
State child protection agencies are required by federal law to exert reasonable efforts to keep families together before seeking termination of parental rights. Some states, however, have created an exception to this requirement when the parent involved suffers from a chronic mental illness. Moreover, even in those states that enforce the requirement, the reunification services provided to parents with a mental illness often do not meet the needs of those parents.
This Article argues that although parents with a mental illness face serious challenges in caring for their children, they should not be categorically excluded from reunification efforts by means …
Annual Survey Of Periodical Literature, Nancy Ver Steegh
Annual Survey Of Periodical Literature, Nancy Ver Steegh
Faculty Scholarship
The Annual Review of Periodical Literature provides a sampling of law review articles published between November 1, 2009, and October 31, 2010. The survey highlights the variety and depth of family law scholarship produced during the year and calls attention to currently debated "hot topics." Readers are encouraged to read articles of interest in their entirety because the summaries included in the survey are necessarily abbreviated.