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Articles 31 - 60 of 84
Full-Text Articles in Entire DC Network
Noncustodial Fathers' Involvement With Their Children: A Right Or A Privilege?, Janice Laakso, Sheri Adams
Noncustodial Fathers' Involvement With Their Children: A Right Or A Privilege?, Janice Laakso, Sheri Adams
Social Work & Criminal Justice Publications
This study explores the key determinants of noncustodial fathers' involvement with their children. The stereotype that fathers have little interest in parenting their children is contradicted. The findings reveal that fathers are committed to parenting; however, actions on the part of the mothers and what the participants perceive to be bias on the part of the courts prevent fathers from having the relationship with their children they desire. Even fathers who have been committed early in the relationship to their children, pay child support, and give no justification for being denied parental rights do not necessarily get to spend time …
Painter V. Bannister: Still, Carol Weisbrod
Painter V. Bannister: Still, Carol Weisbrod
Faculty Articles and Papers
No abstract provided.
Asymmetric Parenthood, Katharine K. Baker
Asymmetric Parenthood, Katharine K. Baker
All Faculty Scholarship
This analysis of the American Law Institute's Principles of Family Law, Chapter 3, examines how the Principles perceive the origins and extent of parental obligation. What is that makes someone financially responsible for a child? Perhaps surprisingly, the Drafters of this key chapter of the Principles spend remarkably little time analyzing that question. Instead, to determine who has parental obligation, the Principles rely on extant legal paternity and parenthood doctrine that is itself completely muddled. To determine the extent of parental obligation, the Principles employ a binary biological ideal of parenthood that fails to reflect reality for close to half …
Do Ask And Do Tell: Rethinking The Lawyer’S Duty To Warn In Domestic Violence Cases, Margaret B. Drew, Sarah Buel
Do Ask And Do Tell: Rethinking The Lawyer’S Duty To Warn In Domestic Violence Cases, Margaret B. Drew, Sarah Buel
Faculty Publications
Empirical data document that while domestic violence victims face high risk of recurring abuse, batterers’ lawyers may be privy to information that could avert further harm. Attorneys owe a duty of confidentiality to their clients that can be breached only in extraordinary circumstances, such as when counsel learns her client plans to commit a crime. To resolve the tension between client confidentiality and victim safety, this Article argues that, in the context of domestic violence cases, lawyers have an affirmative duty to (1) screen battering clients who have indicated a likelihood of harming others, (2) attempt to dissuade them from …
Californla Department Of Child Support Services Strategic Plan, 2006-2009, Department Of Child Support Services
Californla Department Of Child Support Services Strategic Plan, 2006-2009, Department Of Child Support Services
California Agencies
Since the California Department of Child Support Services began operations in 2000, the child support program has evolved from a decentralized system administered by local district attorneys to a statewide program operated by 52 local child support agencies overseen by the state. These changes have strengthened and enhanced our ability to deliver uniform, high quality services to families across California. Continuous improvement in program performance, implementation of federal automation requirements, and enhanced customer service are at the core of our operation. To guide this effort, I am pleased to share with you the California Child Support Services Program 2006-2009 Strategic …
Domestic Violence And The Lawyer As Good Samaritan: What Responsibility To Become Involved?, Debra Moss Curtis
Domestic Violence And The Lawyer As Good Samaritan: What Responsibility To Become Involved?, Debra Moss Curtis
Faculty Scholarship
In the United States, "Good Samaritan" laws are designed to protect from liability--in case things go wrong--those who choose to aid an injured stranger. The idea is to "reduce bystander's hesitation to assist" those in distress. Good Samaritan laws are clearly intended to cover immediate physical harm, as they tend to include the provision of first aid and the relief of the responsibility when trained assistance arrives. In other countries, Good Samaritan laws actually may require citizens to assist people, as long as it would not cause harm to the helper. These legal requirements were famously put into play recently …
Changing The Domestic Violence (Dis)Course: Moving From White Victim To Multi-Cultural Survivor, Adele M. Morrison
Changing The Domestic Violence (Dis)Course: Moving From White Victim To Multi-Cultural Survivor, Adele M. Morrison
Law Faculty Research Publications
No abstract provided.
Domestic Violence In Ghana: The Open Secret, Nancy Chi Cantalupo, Sue Shin, Kay Park, Lisa Vollendorf Martin
Domestic Violence In Ghana: The Open Secret, Nancy Chi Cantalupo, Sue Shin, Kay Park, Lisa Vollendorf Martin
Law Faculty Research Publications
No abstract provided.
Private Ordering Under The Ali Principles: As Natural As Status, Martha M. Ertman
Private Ordering Under The Ali Principles: As Natural As Status, Martha M. Ertman
Faculty Scholarship
No abstract provided.
To Protect And Defend: Assigning Parental Rights When Parents Are Living In Poverty, Karen Czapanskiy
To Protect And Defend: Assigning Parental Rights When Parents Are Living In Poverty, Karen Czapanskiy
Faculty Scholarship
No abstract provided.
Marriage, Biology, And Paternity: The Case For Revitalizing The Marital Presumption, Jana B. Singer
Marriage, Biology, And Paternity: The Case For Revitalizing The Marital Presumption, Jana B. Singer
Faculty Scholarship
This article examines the recent history and current status of the marital presumption of paternity. It explores the social, economic and legal developments that have contributed to the erosion of the presumption, focusing in particular on the efforts of federal and state governments to identify and collect financial support from unmarried biological fathers. The article then describes the procedural and equitable doctrines that some courts and legislatures have used to bolster the marital presumption in the face of conflicting biological evidence. Finding these approaches problematic, the article advocates a revitalized marital presumption as a substantive rule of law. It argues …
The Framers' Idea Of Marriage And Family, David F. Forte
The Framers' Idea Of Marriage And Family, David F. Forte
Law Faculty Contributions to Books
The founders understood the symbiotic connection between family virtues and civic virtues. They knew it through their study of the classics, through their imbibing of the Scottish enlightenment, through their understanding of the providential nature of the Judeo-Christian God, through their familiarity with self-governing liberty, and through their utter respect of their own human experience of living. They looked upon the family as a model in which man’s selfish impulses would be contained, where the coordination of practical tasks could be effectuated, and where sentiments of affection and mutual respect could bind a people into a nation. It was the …
Cognitive Dissonance Revisited: Roper V. Simmons And The Issue Of Adolescent Decision-Making Competence, 52 Wayne L. Rev. 1 (2006), Donald L. Beschle
Cognitive Dissonance Revisited: Roper V. Simmons And The Issue Of Adolescent Decision-Making Competence, 52 Wayne L. Rev. 1 (2006), Donald L. Beschle
UIC Law Open Access Faculty Scholarship
No abstract provided.
Immaculate Deception: The Evolving Right Of Paternal Renunciation, 27 Women's Rts. L. Rep. 139 (2006), Diane S. Kaplan
Immaculate Deception: The Evolving Right Of Paternal Renunciation, 27 Women's Rts. L. Rep. 139 (2006), Diane S. Kaplan
UIC Law Open Access Faculty Scholarship
No abstract provided.
Justice, Access To The Courts, And The Right To Free Counsel For Indigent Parents: The Continuing Scourge Of Lassiter V. Department Of Social Services Of Durham., Bruce A. Boyer
Faculty Publications & Other Works
No abstract provided.
Standing In Babylon, Looking Toward Zion, Kate Kruse
Standing In Babylon, Looking Toward Zion, Kate Kruse
Faculty Scholarship
The UNLV Conference on Representing Children in Families convened an impressive group of academics, policymakers, practitioners, and participants in the child welfare and juvenile justice systems to consider how to move beyond recommendations made ten years earlier about how lawyers for children should approach their work. This essay examines the interrelationship between idealism and realism in the definition of lawyers’ roles as representatives of children and the importance of idealized visions to the process of reforming dysfunctional systems, using examples of child welfare and juvenile justice system reform.
Colorblind Must Not Mean Blind To The Realities Facing Black Children, Zanita E. Fenton
Colorblind Must Not Mean Blind To The Realities Facing Black Children, Zanita E. Fenton
Articles
No abstract provided.
Addressing Putative Fathers In Child Protection Proceedings: Is 'John Doe' Still Alive?, Frank E. Vandervort, W. Lansat
Addressing Putative Fathers In Child Protection Proceedings: Is 'John Doe' Still Alive?, Frank E. Vandervort, W. Lansat
Articles
In practice, it seems, KH is not widely understood. Child protection petitions for temporary custody continue to name multiple men as the "father" of a child when there is a legal father. Some courts insist on terminating the parental rights of "John Doe" when no man has established paternity. After KH, are such actions necessary? Are they permissible?
The Temporally Extended Family & Self-Control: An Essay For Lee E. Teitelbaum, Manuel A. Utset
The Temporally Extended Family & Self-Control: An Essay For Lee E. Teitelbaum, Manuel A. Utset
Scholarly Publications
No abstract provided.
But I Didn't Do Anything Wrong: Revisiting The Rights Of Non-Offending Parents In Child Protection Proceedings, Vivek Sankaran
But I Didn't Do Anything Wrong: Revisiting The Rights Of Non-Offending Parents In Child Protection Proceedings, Vivek Sankaran
Articles
Steven, a minor living with his mother, enjoyed a nurturing relationship with his father, Mark. He saw his father every weekend and looked forward to their time together. Mark looked for ways in which to stay involved in his child's life. Two days ago, the Department of Human Services (DHS) removed Steven from his mother's custody because, unbeknown to Mark, Stevens mother was selling drugs in the home. At the time of removal, the police did not inquire about the whereabouts of Stevens father; DHS immediately placed Steven in a foster home.
Out Of State And Out Of Luck: The Treatment Of Non-Custodial Parents Under The Interstate Compact On The Placement Of Children, Vivek Sankaran
Out Of State And Out Of Luck: The Treatment Of Non-Custodial Parents Under The Interstate Compact On The Placement Of Children, Vivek Sankaran
Articles
Courts handling child abuse and neglect cases face a daunting task. Within one to three days after a child is removed from his home, a court hearing must be held to determine whether court intervention and continued removal of the child is necessary. At this hearing, the court must sort through and evaluate the state's allegations and assess the various risks posed by placing the child in foster care or returning the child to one or both of his parents. Courts must weigh the heavy emphasis the law places on preserving the family unit against the equally paramount mandate to …
Unique Property: A Supplemental Annotated Bibliography, Nancy Levit
Unique Property: A Supplemental Annotated Bibliography, Nancy Levit
Faculty Works
This bibliography covers law review articles and supplemental A.L.R. entries published after 2002. For literature published from 1997-2002, see Nancy Levit & Robert RM. Verchick, Unique Property: An Annotated Bibliography, 18 J. Am. Acad. Matrim. Law. 589 (2004). A.L.R. entries, the titles of which are usually self-explanatory, are cited, but not annotated. Similarly, articles that concern only a single case or a single state are cited, but not annotated.
Legislatures, Agencies, Courts And Advocates: How Laws Are Made, Interpreted And Modified, Chai R. Feldblum, Robin Appleberry
Legislatures, Agencies, Courts And Advocates: How Laws Are Made, Interpreted And Modified, Chai R. Feldblum, Robin Appleberry
Georgetown Law Faculty Publications and Other Works
This chapter explains the nature and practice of lawmaking, legal advocacy, and legal research as they relate to the field of work and family. Through reference to the Family and Medical Leave Act of 1993 as a case study, the authors explain the dynamic processes by which laws are made, interpreted and modified by legislatures, administrative agencies and courts, with the help of legal advocates. Their goal is not to provide substantive analysis of laws related to work and family, but rather to enable researchers from a range of disciplines to understand and access the legal system, as it currently …
Afterword: Elite Principles: The Ali Proposals And The Politics Of Law Reform, Carl E. Scheider
Afterword: Elite Principles: The Ali Proposals And The Politics Of Law Reform, Carl E. Scheider
Book Chapters
The Reporters of the PRINCIPLES were distinguished legal scholars who produced a serious and ambitious document. The contributors to the present volume subject the PRINCIPLES to probing, thoughtful, and illuminating analysis. At the volume's beginning, Professor Glendon puts the problems of family law in a broader perspective by examining the challenges families today face in living good lives. Now, at the volume's close, I want to put both the PRINCIPLES and the essays in a broader perspective. I need not vivisect the PRINCIPLES; that is admirably done by the essayists. Rather, I proffer a tool for understanding the PRINCIPLES more …
Perpetuating The Impermanence Of Foster Children: A Critical Analysis Of Efforts To Reform The Interstate Compact On The Placement Of Children, Vivek Sankaran
Perpetuating The Impermanence Of Foster Children: A Critical Analysis Of Efforts To Reform The Interstate Compact On The Placement Of Children, Vivek Sankaran
Articles
The importance of expediting the placement of foster children into permanent homes has emerged as a dominant theme in child welfare policy. Identifying and finalizing legally secure placements provides children with psychological stability and a sense of belonging, and limits the likelihood of future disruptions of familial relationships. Upon a child's entry into foster care, child welfare agencies, under both federal and state laws, are compelled to develop a detailed plan to ensure a child's prompt placement into such a home. If a parent is unable to rectify the conditions causing the child's placement in foster care within a year, …
Intimate Homicide: Gender And Crime Control, 1880-1920, Carolyn B. Ramsey
Intimate Homicide: Gender And Crime Control, 1880-1920, Carolyn B. Ramsey
Publications
The received wisdom, among feminists and others, is that historically the criminal justice system tolerated male violence against women. This article dramatically revises feminist understanding of the legal history of public responses to intimate homicide by showing that, in both the eastern and the western United States, men accused of killing their intimates often received stern punishment, including the death penalty, whereas women charged with similar crimes were treated leniently. Although no formal "battered woman's defense" existed in the late 1800s and early 1900s, courts and juries implicitly recognized one--and even extended it to abandoned women who killed their unfaithful …
The Ethics Of Child Custody Evaluation: Advocacy, Respect For Parents, And The Right To An Open Future, Aviva A. Orenstein
The Ethics Of Child Custody Evaluation: Advocacy, Respect For Parents, And The Right To An Open Future, Aviva A. Orenstein
Articles by Maurer Faculty
No abstract provided.
Seeking Different Treatment, Or Seeking The Same Regard: Remarketing The Transracial Adoption Debate, Angela Mae Kupenda
Seeking Different Treatment, Or Seeking The Same Regard: Remarketing The Transracial Adoption Debate, Angela Mae Kupenda
Journal Articles
The transracial adoption discourse mistakenly has been phrased as a request for black children awaiting adoption to be treated different from white children and to be placed with parents of like race only. This paper urges a remarketing of the transracial adoption debate to reflect a request based on sameness, not difference. The request presented here is not a request for different treatment for black children. Rather, it is for black children to be given the same regard that is given to white children. This request is illustrated with the story of a black couple seeking to adopt healthy, fat …
Intimate Partner Violence: Implications For The Domestic Relations Practitioner, Carol E. Jordan
Intimate Partner Violence: Implications For The Domestic Relations Practitioner, Carol E. Jordan
Office for Policy Studies on Violence Against Women Publications
No abstract provided.
Standing In Babylon, Looking Toward Zion, Katherine R. Kruse
Standing In Babylon, Looking Toward Zion, Katherine R. Kruse
Scholarly Works
This article defends the triumph of vision at the 2006 UNLV Conference on Representing Children in Families by examining the interrelationship between idealism and realism in the definition of lawyers' roles and the importance of idealized visions to the process of reforming dysfunctional systems. This article suggests that the vision of lawyering for children sketched in the UNLV Recommendations--though based in idealism--is both deeply realistic and ultimately practical. This article thus affirms the choice of the group of idealists who stood together for a few days in modern-day Babylon to keep their eyes trained on the vision of Zion as …