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Articles 1 - 30 of 41
Full-Text Articles in Entire DC Network
Domestic Relations, Barry B. Mcgough
Domestic Relations, Barry B. Mcgough
Mercer Law Review
Of the forty-six cases decided during the survey year, fifteen are digested in this Article. Two custody cases are of special importance, one dealing with application of federal law and the other with joint custody. The remaining cases address smaller points across a familiar judicial landscape. This Article also highlights amendments to the child support guidelines.
Abating The Feminization Of Poverty: Changing The Rules Governing Post - Decree Modification Of Child Support Obligations, J. Thomas Oldham
Abating The Feminization Of Poverty: Changing The Rules Governing Post - Decree Modification Of Child Support Obligations, J. Thomas Oldham
BYU Law Review
No abstract provided.
Bottoms V. Bottoms: A Comment, Douglas A. Steinberg
Bottoms V. Bottoms: A Comment, Douglas A. Steinberg
William & Mary Journal of Race, Gender, and Social Justice
No abstract provided.
Public Access: Fortifying The Electronic Soapbox, Jason Roberts
Public Access: Fortifying The Electronic Soapbox, Jason Roberts
Federal Communications Law Journal
Public access, viewed as the voice on cable for those outside the mainstream, has recently been criticized as nothing more than an unregulated channel for objectionable hate speech and indecent programming. When Congress passed the Cable Television Consumer Protection and Competition Act of 1992, cable operators found themselves in the conflicting role of being liable for indecent and obscene programming on public access, while at the same time unable to exercise any editorial control over access content. All sides are now waiting to see if the Court of Appeals for the D.C. Circuit will strike down these access rules as …
In Re Marriage Of Mcdole: Modifying Child Custody By Ignoring Statutory Grounds, Virginia A. Petersen
In Re Marriage Of Mcdole: Modifying Child Custody By Ignoring Statutory Grounds, Virginia A. Petersen
Washington Law Review
In In re Marriage of McDole, the Washington Supreme Court upheld the modification of a parenting plan that changed the primary residential parent. By relying in part on the mother's interference with visitation, the court not only undermined the important policy underlying the modification statute of maximizing finality in custody determinations, but it also failed to read the modification statute as a whole. The court also inappropriately relied on the mother's move out of the state and continued conflict between the parents. The court further failed to explicitly explain the legal bases for its decision, providing little guidance for future …
"Mother," "Parent," And Bias, A. Jasmine Rassam
"Mother," "Parent," And Bias, A. Jasmine Rassam
Indiana Law Journal
No abstract provided.
Providing Justice For Children In Disputed Adoptions: A Feminist Perspective, Meghan S. Skelton
Providing Justice For Children In Disputed Adoptions: A Feminist Perspective, Meghan S. Skelton
William & Mary Journal of Race, Gender, and Social Justice
No abstract provided.
Joint Custody As Norm: Solomon Revisited, Alison Harvison Young
Joint Custody As Norm: Solomon Revisited, Alison Harvison Young
Osgoode Hall Law Journal
Most jurisdictions in Canada and the United States have, to a greater or lesser extent, endorsed the notion of joint custody in recent years. The author suggests that-the move toward joint custody has resulted from a combination of two major factors: the notion of parental equality and the application of the best interests of the child test. The growing prominence of equal parental rights has created a strong temptation to approach custody as a Solomonic exercise in dividing the children equally between those with equal rights over them. The indeterminacy of the best interests test may readily encourage custody determinations …
Secondhand Smoke As An Issue In Child Custody/Visitation Disputes, Jeffrey L. Hall
Secondhand Smoke As An Issue In Child Custody/Visitation Disputes, Jeffrey L. Hall
West Virginia Law Review
No abstract provided.
Batterers Beware: West Virginia Responds To Domestic Violence With The Probable Cause Warrantless Arrest Statute, Toni L. Harvey
Batterers Beware: West Virginia Responds To Domestic Violence With The Probable Cause Warrantless Arrest Statute, Toni L. Harvey
West Virginia Law Review
No abstract provided.
Keynote Address To The Symposiuml Defining Families: Gays, Lesbians, And The Meaning Of Family, Beatrice Dohrn
Keynote Address To The Symposiuml Defining Families: Gays, Lesbians, And The Meaning Of Family, Beatrice Dohrn
William & Mary Bill of Rights Journal
No abstract provided.
Defining Marriage And The Family, Herbert W. Titus
Defining Marriage And The Family, Herbert W. Titus
William & Mary Bill of Rights Journal
No abstract provided.
Gay And Lesbian Families: Judicial Assumptions, Scientific Realities, David K. Flaks
Gay And Lesbian Families: Judicial Assumptions, Scientific Realities, David K. Flaks
William & Mary Bill of Rights Journal
No abstract provided.
"Entreat Me Not To Leave Thee": Bottoms V. Bottoms And The Custody Rights Of Gay And Lesbian Parents, Stephen B. Pershing
"Entreat Me Not To Leave Thee": Bottoms V. Bottoms And The Custody Rights Of Gay And Lesbian Parents, Stephen B. Pershing
William & Mary Bill of Rights Journal
No abstract provided.
The Washington State Parenting Act In The Courts: Reconciling Discretion And Justice In Parenting Plan Disputes, Jane W. Ellis
The Washington State Parenting Act In The Courts: Reconciling Discretion And Justice In Parenting Plan Disputes, Jane W. Ellis
Washington Law Review
On July 8, 1993, the Washington Supreme Court handed down a decision construing the residential provision section of the Washington State Parenting Act. The case is significant for the children of divorcing parents in the State of Washington, and its importance extends beyond Washington because the supreme court's opinion is the first to interpret a key section of a law that has attracted national and international attention The case, In re Marriage ofKovacs, is an example of the sort of egregious injustice that can occur when a trial court fails to exercise its discretion in an appropriate manner and an …
Preserving The Purchasing Power Of Child Support Awards: Can The Use Of Escalator Clauses Be Justified After The Family Support Act?, Sarah K. Funke
Preserving The Purchasing Power Of Child Support Awards: Can The Use Of Escalator Clauses Be Justified After The Family Support Act?, Sarah K. Funke
Indiana Law Journal
No abstract provided.
Why Canada Has No Family Policy: Lessons From France And Italy, Philip Girard
Why Canada Has No Family Policy: Lessons From France And Italy, Philip Girard
Osgoode Hall Law Journal
This paper uses a comparative legal history approach to examine the "private" law of the family in France, Italy, and the major English-speaking countries in order to clarify the fundamental notions of the family which predated the welfare state. It is suggested that a major cleavage exists, historically, between an autonomous family law in France and Italy oriented around notions of familial solidarity, sibling interdependence and equality, and intergenerational continuity, and a family law in the English-speaking countries marked by a preoccupation with the protection of property rights and the independence of individual family members. These contrasts reveal differing societal …
For The Sake Of The Child: Moving Toward Uniformity In Adoption Law, Marja E. Selmann
For The Sake Of The Child: Moving Toward Uniformity In Adoption Law, Marja E. Selmann
Washington Law Review
Adoption is governed by state law, which varies dramatically among states, and thus encourages forum shopping and complicates interstate adoption. A new Uniform Adoption Act (UAA), likely to be completed and approved by the National Conference of Commissioners on Uniform State Laws in 1994, offers states the opportunity to move toward greater uniformity. The UAA balances all of the participants' interests while keeping the child's best interests foremost.
Divorce, Custody, Gender, And The Limits Of Law: On Dividing The Child, Lee E. Teitelbaum
Divorce, Custody, Gender, And The Limits Of Law: On Dividing The Child, Lee E. Teitelbaum
Michigan Law Review
A Review of Dividing the Child: Social and Legal Dilemmas of Custody by Elanor E. Maccoby and Robert H. Mnookin
Mandatory Reporting Of Wife Assault By Health Care Professionals, Diana Ginn
Mandatory Reporting Of Wife Assault By Health Care Professionals, Diana Ginn
Dalhousie Law Journal
This article examines the issue of mandatory reporting of wife assault' by health care professionals. Should a health care professional who believes that a patient is being abused by her partner have a legal duty to report that belief, and the information on which it is based, to a designated government ministry or department?2 Such reporting is already required for cases of suspected child abuse and, in one province, for suspected abuse of adults who are mentally or physically unable to protect themselves from the abuse.
"Running Hard To Stand Still": The Paradox Of Family Law Reform, Mary Jane Mossman
"Running Hard To Stand Still": The Paradox Of Family Law Reform, Mary Jane Mossman
Dalhousie Law Journal
This essay explores the paradox of family law reform in common law Canada, focusing particularly on reforms relating to family property and inter-spousal support in the decades after the first federal Divorce Act of 1968. The paradox of this law reform activity is well-expressed in Carol Smart's colourful phrase about the (lack of) impact of law reform for women in the United Kingdom. In her view, while it is inaccurate to say that nothing has been done to improve the position of women, it is equally impossible to demonstrate that there has been any linear development of progressive legislation; in …
Severing Hansel From Gretel: An Analysis Of Siblings' Association Rights, William Wesley Patton, Dr. Sarah Latz
Severing Hansel From Gretel: An Analysis Of Siblings' Association Rights, William Wesley Patton, Dr. Sarah Latz
University of Miami Law Review
No abstract provided.
The District Of Columbia Medical Consent Law: Moving Towards Legal Recognition Of Kinship Caregiving, Randi S. Mandelbaum, Susan L. Waysdorf
The District Of Columbia Medical Consent Law: Moving Towards Legal Recognition Of Kinship Caregiving, Randi S. Mandelbaum, Susan L. Waysdorf
University of the District of Columbia Law Review
In 1990, in the District of Columbia, over 27,000 children under the age of eighteen, or 23.4% of all children, were living in the care of an adult other than their parent or a foster parent.3 This was a thirty percent increase from the 1980 data for the District of Columbia.4 Nationally, over the past decade, these figures increased sixteen percent.0 Today, for adult relatives, primarily grandmothers, aunts, and close family friends, who step in to raise the children of their relatives or friends, private kinship caregiving is both a legacy and a matter of survival for the next generation.'
Exceptions To Marital Communications Of Privileges For Crimes Done To Children Of Either Spouse, Henry A. Escoto
Exceptions To Marital Communications Of Privileges For Crimes Done To Children Of Either Spouse, Henry A. Escoto
University of the District of Columbia Law Review
No abstract provided.
"Out Of Children's Needs, Children's Rights": The Child's Voice In Defining The Family, Barbara Bennett Woodhouse
"Out Of Children's Needs, Children's Rights": The Child's Voice In Defining The Family, Barbara Bennett Woodhouse
Brigham Young University Journal of Public Law
No abstract provided.
Abortion Rights In America, Joan R. Bullock
Religious Freedom Issues In Domestic Relations Law, Mitchell A. Tyner
Religious Freedom Issues In Domestic Relations Law, Mitchell A. Tyner
Brigham Young University Journal of Public Law
No abstract provided.
Are You My Mother? The Scientific And Legal Validity Of Conventional Blood Testing And Dna Fingerprinting To Establish Proof Of Parentage In Immigration Cases, Alan R. Davis
BYU Law Review
No abstract provided.
Black Identity And Child Placement: The Best Interests Of Black And Biracial Children, Kim Forde-Mazrui
Black Identity And Child Placement: The Best Interests Of Black And Biracial Children, Kim Forde-Mazrui
Michigan Law Review
The purpose of this Note is to question whether racial matching by courts and child-placement agencies serves the best interests of Black children. The principle that guides this Note's analysis is that racial matching is justified only if such a policy better serves the interests of Black children than a policy in which race is not a factor in a child-placement determination. This Note also questions whether racial matching serves the interests of biracial children and those of Black people as a cultural group.
The Coming Of Age Of Grandparent Visitation Rights, Anne Marie Jackson
The Coming Of Age Of Grandparent Visitation Rights, Anne Marie Jackson
American University Law Review
No abstract provided.