Open Access. Powered by Scholars. Published by Universities.®
- Institution
-
- University of Maryland Francis King Carey School of Law (4)
- University of Michigan Law School (3)
- Georgetown University Law Center (2)
- New York Law School (2)
- The Catholic University of America, Columbus School of Law (2)
-
- UIdaho Law (2)
- University of Baltimore Law (2)
- University of Missouri-Kansas City School of Law (2)
- Brooklyn Law School (1)
- Emory University School of Law (1)
- Notre Dame Law School (1)
- Pace University (1)
- University of Arkansas at Little Rock William H. Bowen School of Law (1)
- University of Connecticut (1)
- University of Georgia School of Law (1)
- University of Nevada, Las Vegas -- William S. Boyd School of Law (1)
- University of Pennsylvania Carey Law School (1)
- Keyword
-
- Divorce (5)
- Children (3)
- Marriage (3)
- Women (3)
- Community property (2)
-
- Families (2)
- Family law (2)
- Law reform (2)
- Patriarchy (2)
- AIDS (1)
- Adoption (1)
- Adultery (1)
- Alimony (1)
- Child custody (1)
- Child support (1)
- Child support obligations (1)
- Child welfare act of 1980 (1)
- Child's best interests (1)
- Communal saction (1)
- Congress (1)
- Contracts (1)
- Decisionmaking (1)
- Deductions (1)
- Divorce dispute resolution (1)
- Domestic Relations (1)
- Domestic violence (1)
- Due process (1)
- Equal protection (1)
- Equal rights (1)
- Fathers (1)
Articles 1 - 28 of 28
Full-Text Articles in Entire DC Network
The Violence Of Privacy, Elizabeth M. Schneider
The Violence Of Privacy, Elizabeth M. Schneider
Faculty Scholarship
No abstract provided.
A Tale Of Two Religions: A Contractual Approach To Religion As A Factor In Child Custody And Visitation Disputes, Rebecca Korzec
A Tale Of Two Religions: A Contractual Approach To Religion As A Factor In Child Custody And Visitation Disputes, Rebecca Korzec
All Faculty Scholarship
This article focuses on the role of religious conflict between parents in determining child custody and visitation disputes. It suggests a framework for reconciling parental control over religious observance and training with the state's duty to protect the child's best interests. First, it examines the history of English and American child custody law and analyzes modern custody cases in which religion is a factor. Next, it addresses the alarming recent attempt by courts to resolve religious disputes with a shared custody approach, awarding 'spiritual custody' to one parent and 'physical custody' to the other. Finally, this article proposes a contractual …
Marital Exits And Marital Expectations In Nineteenth Century America, Hendrik A. Hartog
Marital Exits And Marital Expectations In Nineteenth Century America, Hendrik A. Hartog
Philip A. Hart Memorial Lecture
On April 10, 1991, Professor of Law, Hendrik A. Hartog of the University of Wisconsin Law School, delivered the Georgetown Law Center’s eleventh Annual Philip A. Hart Memorial Lecture: "Meanings of Marriage: The Structure of Marital Expectations in Nineteenth Century America."
Hendrik Hartog is the Class of 1921 Bicentennial Professor of the History of American Law and Liberty at Princeton University. He holds a PhD. in the History of American Civilization from Brandeis University (1982), a J.D. from the New York University School of Law (1973), and an A.B. from Carleton College (1970). Before coming to Princeton, he taught at …
Eroding The Myth Of Discretionary Justice In Family Law: The Child Support Experiment, Jane C. Murphy
Eroding The Myth Of Discretionary Justice In Family Law: The Child Support Experiment, Jane C. Murphy
All Faculty Scholarship
Reliance on judicial discretion to resolve disputes is one of the most fundamental characteristics of the American legal system. Nowhere have judges exercised more unfettered discretion than in family law. Judicial discretion in this area, however, is not without its critics. In this Article Professor Jane Murphy recommends limiting the use of judicial discretion in family law matters. Professor Murphy argues that the lack of predictability which flows from discretionary decisions undermines our confidence in the equity of decisions and encourages protracted litigation.
Professor Murphy reviews the developing consensus that fixed rules are necessary to guide judges' discretion in divorce …
Divorce Stories: Readings, Comments And Questions On Law And Narrative, Carol Weisbrod
Divorce Stories: Readings, Comments And Questions On Law And Narrative, Carol Weisbrod
Faculty Articles and Papers
No abstract provided.
Allocating The Costs Of Parental Free Exercise : Striking A New Balance Between Sincere Religious Belief And A Child's Right To Medical Treatment, Paula A. Monopoli
Allocating The Costs Of Parental Free Exercise : Striking A New Balance Between Sincere Religious Belief And A Child's Right To Medical Treatment, Paula A. Monopoli
Faculty Scholarship
No abstract provided.
Women's Work, Jana B. Singer
Volunteers And Draftees: The Struggle For Parental Equality, Karen Czapanskiy
Volunteers And Draftees: The Struggle For Parental Equality, Karen Czapanskiy
Faculty Scholarship
No abstract provided.
Beyond Parens Patriae: Assuring Timely, Informed, Compassionate Decicisionmaking For Hiv-Positive Children In Foster Care, Deborah J. Weimer
Beyond Parens Patriae: Assuring Timely, Informed, Compassionate Decicisionmaking For Hiv-Positive Children In Foster Care, Deborah J. Weimer
Faculty Scholarship
No abstract provided.
Images Of Mothers In Poverty Discourses, Martha Albertson Fineman
Images Of Mothers In Poverty Discourses, Martha Albertson Fineman
Faculty Articles
This Essay focuses on the construction of the concept of "Mother" in poverty discourses. It addresses the role of patriarchical ideology in the process whereby a characteristic typical of a group of welfare recipients has been selected and identified as constituting the cause as well as the effect of poverty. I am particularly interested in those political and professional discourses in which single Mother status is defined as one of the primary predictors of poverty. This association of characteristic with cause has fostered suggestions that an appropriate and fundamental goal of any proposed poverty program should be the eradication of …
Incest And Intrafamilial Child Abuse: Fatal Attractions Or Forced And Dangerous Liaisons?, George P. Smith Ii
Incest And Intrafamilial Child Abuse: Fatal Attractions Or Forced And Dangerous Liaisons?, George P. Smith Ii
Scholarly Articles
No abstract provided.
"A Lost Generation": The Battle For Private Enforcement Of The Adoption Assistance And Child Welfare Act Of 1980, Barbara L. Atwell
"A Lost Generation": The Battle For Private Enforcement Of The Adoption Assistance And Child Welfare Act Of 1980, Barbara L. Atwell
Elisabeth Haub School of Law Faculty Publications
This article suggests that the scope of enforceable section 1983 rights is broader than most courts have recognized. The Act creates comprehensive rights to 1) preplacement preventive services, 2) proper care while children are in state custody, and 3) permanency planning services. Courts must be more willing to recognize these rights and to take a more creative role in structuring injunctive relief when these rights have been violated. Part I is an overview of the Act. Part II analyzes the appropriateness of section 1983 claims under the Act. Finally, Part III analyzes the proper scope of section 1983 claims. The …
Court-Ordered Prenatal Intervention: A Final Means To The End Of Gestational Substance Abuse, Michael T. Flannery
Court-Ordered Prenatal Intervention: A Final Means To The End Of Gestational Substance Abuse, Michael T. Flannery
Faculty Scholarship
No abstract provided.
Community Income, Federal Income Taxation And Divorce, John A. Miller
Community Income, Federal Income Taxation And Divorce, John A. Miller
Articles
No abstract provided.
Law's Patriarchy, Lynne Henderson
Ex Proprio Vigore, James J. White
Ex Proprio Vigore, James J. White
Articles
The National Conference of the Commissioners on Uniform State Laws (NCCUSL) is a legislature in every way but one. It drafts uniform acts, debates them, passes them, and promulgates them, but that passage and promulgation do not make these uniform acts law over any citizen of any state. These acts become the law of the various states only ex proprio vigore - only if their own vitality influences the legislators of the various states to pass them.
The Black Surrogate Mother, Anita L. Allen
The Black Surrogate Mother, Anita L. Allen
All Faculty Scholarship
No abstract provided.
Domestic Violence: The District Of Columbia’S New Mandatory Arrest Law, Catherine F. Klein
Domestic Violence: The District Of Columbia’S New Mandatory Arrest Law, Catherine F. Klein
Scholarly Articles
No abstract provided.
Introduction To The First Annual Review Of Community Property Law, Elizabeth Brandt
Introduction To The First Annual Review Of Community Property Law, Elizabeth Brandt
Articles
No abstract provided.
Domestic Violence Against Women: A Comparative Analysis Of Remedies Under The American And Indian Legal Systems, Anita Elizabeth Jacob Ninan
Domestic Violence Against Women: A Comparative Analysis Of Remedies Under The American And Indian Legal Systems, Anita Elizabeth Jacob Ninan
LLM Theses and Essays
The purpose of this thesis is to compare the legal remedies available to women who are the victims of domestic violence in the United States and India and analyze whether the existing laws in the two systems are effective and sufficient in combating this growing problem. Domestic violence against women is a reality. It haunts the female species form the cradle to the grave, manifesting itself in sociocultural crime peculiar to some societies like India, such as female feticide, female infanticide, bride burning dowry deaths, and wife battering (both a developing country like India and an economically developed country like …
Rethinking Alimony: Marital Decisions And Moral Discourse, Carl E. Schneider
Rethinking Alimony: Marital Decisions And Moral Discourse, Carl E. Schneider
Articles
The riddle of alimony is why one former spouse should have to support the other when no-fault divorce seems to establish the principle that marriage need not be for life and when governmental regulation of intimate relationships is conventionally condemned. Perhaps the most intelligent and probing recent attempt to solve that riddle is Ira Ellman's The Theory of Alimony. In this article, I have two purposes. The first is to ask some questions about Professor Ellman's admirable inquiry into this intricate and intractable problem. These questions are not intended to disprove "the theory." Professor Ellman has, at the least, identified …
Commentary: Meeting The Financial Needs Of Children, David L. Chambers
Commentary: Meeting The Financial Needs Of Children, David L. Chambers
Articles
Those who drafted the equitable distribution statutes adopted in New York and elsewhere wanted to help assure women and children an acceptable level of financial well-being after divorce. Marsha Garrison has shown that divorcing couples rarely possess enough resources to attain financial well-being even when they live together as a couple, let alone when they live in two separate households. She has also shown that, even in the cases of couples with substantial assets, the broad and general language of the equitable distribution statute did not lead (and could not have been expected to lead) to consistent distributions that assured …
Rethinking Marriage: Feminist Ideology, Economic Change, And Divorce Reform, Margaret F. Brinig, June Carbone
Rethinking Marriage: Feminist Ideology, Economic Change, And Divorce Reform, Margaret F. Brinig, June Carbone
Journal Articles
Making sense of divorce requires making sense of marriage. Yet, while the legal literature abounds with publications about the difficulties with modern divorce, it rarely mentions marriage. What is the role of marriage in the modern era? Does it continue to involve a lifelong commitment? Does it depend on the perpetuation of different roles assigned by gender? Should marriage remain the principal focus of societal provisions for childrearing? What is the role of the state in regulating this most intimate of relationships?
This Article attempts to address these questions by working backwards. With the decline in the importance of religion …
Indian Reservations And The Preservation Of Tribal Culture: Beyond Wardship To Stewardship, John W. Ragsdale Jr
Indian Reservations And The Preservation Of Tribal Culture: Beyond Wardship To Stewardship, John W. Ragsdale Jr
Faculty Works
No abstract provided.
A Family Like Any Other Family: Alternative Methods Of Defining Family In Law, Kris Franklin
A Family Like Any Other Family: Alternative Methods Of Defining Family In Law, Kris Franklin
Articles & Chapters
No abstract provided.
Looking For The Perfect Woman: The Innocent Spouse In The Tax Court, Richard C.E. Beck
Looking For The Perfect Woman: The Innocent Spouse In The Tax Court, Richard C.E. Beck
Articles & Chapters
No abstract provided.
Of Fatherhood, Families, And Fantasy: The Legacy Of Michael H. V. Gerald D., Mary Kay Kisthardt
Of Fatherhood, Families, And Fantasy: The Legacy Of Michael H. V. Gerald D., Mary Kay Kisthardt
Faculty Works
No abstract provided.
The Ideal Of Liberty: A Comment On Michael H. V. Gerald D., Robin West
The Ideal Of Liberty: A Comment On Michael H. V. Gerald D., Robin West
Georgetown Law Faculty Publications and Other Works
What is the meaning and content of the "liberty" protected by the due process clause of the fourteenth amendment? In Michael H. v. Gerald D. Justices Brennan and Scalia spelled out what at first blush appear to be sharply contrasting understandings of the meaning of liberty and of the substantive limits liberty imposes on state action. Justice Scalia argued that the "liberty" protected by a substantive interpretation of due process is only the liberty to engage in activities historically protected against state intervention by firmly entrenched societal traditions. I will sometimes call this the "traditionalist" interpretation of liberty. Justice Brennan, …