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Articles 1 - 30 of 48
Full-Text Articles in Entire DC Network
Gestational Surrogacy And The Health Care Provider: Put Part Of The "Ivf Genie" Back Into The Bottle, Karen H. Rothenberg
Gestational Surrogacy And The Health Care Provider: Put Part Of The "Ivf Genie" Back Into The Bottle, Karen H. Rothenberg
Faculty Scholarship
No abstract provided.
Domestic Relations, Barry B. Mcgough, Andrea G. Alpern
Domestic Relations, Barry B. Mcgough, Andrea G. Alpern
Mercer Law Review
In this survey period, the legislature revised the step-parent adoption statute four months after the Georgia Supreme Court declared it unconstitutional. In a case of first impression, the supreme court held that a third-party defendant in a divorce case must comply with the application- for-appeal procedure of section 5-6-35(a)(2) of the Official Code of Georgia Annotated ("O.C.G.A.").' In another case, the supreme court declared that even after spouses are no longer functioning as partners, the property they acquire before entry of a final decree of divorce is marital property.
Section I of this Article covers cases dealing specifically with children, …
Rhetoric Of Silence: Some Reflections On Law, Literature, And Social Violence, James A. Epstein
Rhetoric Of Silence: Some Reflections On Law, Literature, And Social Violence, James A. Epstein
Vanderbilt Law Review
Martha Minow suggests the importance of looking outside of court-rooms and the law to find ways of speaking about social and family violence. Her article underscores the difficulties of breaking silence, and yet the power to impose silence is integral to violence itself. We are called upon, however, not only to speak, but to listen. Respectful listening indeed may be a prerequisite to attempting to frame words and actions of intervention and resistance. We are called upon to speak, but we are hard pressed to summon public language that does justice to private pain and anguish.
Robert Cover, in his …
Words And The Door To The Land Of Change: Law, Language, And Family Violence, Martha Minow
Words And The Door To The Land Of Change: Law, Language, And Family Violence, Martha Minow
Vanderbilt Law Review
Can words stem violence? More specifically, can anything anyone says halt the physical devastation inflicted daily behind the closed doors of family dwellings? Some people strike, beat, or burn their children. Some people assault their lovers, some their spouses; usually, men batter women.' Can words, uttered by anyone else, stop this violence?
Words of journalists expose family violence to public view. Words of legislatures and judges forbid and punish family abuse. Words of historians, novelists, television scriptwriters, social workers, feminist theorists, and songwriters depict and decry domestic violence against a backdrop of societal silence about it. But are there words …
Commercial And Noncommercial Surrogate Parenting, Joint Legislative Committee On Surrogate Parenting
Commercial And Noncommercial Surrogate Parenting, Joint Legislative Committee On Surrogate Parenting
California Joint Committees
No abstract provided.
Senate Task Force On Family Relations Court - Final Report - November 1990, Senate Task Force On Family Relations Court
Senate Task Force On Family Relations Court - Final Report - November 1990, Senate Task Force On Family Relations Court
California Senate
This is the final report of Senate Task Force on Family Relations Court. The Task Force was created to study analyze the structure of the Superior Court, and to· develop recommendations for revisions of the existing court system to the Judicial Council and the Senate Committee on Rules.
Administrative Failure And Local Democracy: The Politics Of Deshaney, Jack M. Beermann
Administrative Failure And Local Democracy: The Politics Of Deshaney, Jack M. Beermann
Faculty Scholarship
This Essay is an effort to construct a normative basis for a constitutional theory to resist the Supreme Court's recent decision in DeShaney v. Winnebago County Department of Social Services.1 In DeShaney, the Court decided that a local social service worker's failure to prevent child abuse did not violate the due process clause of the fourteenth amendment even though the social worker "had reason to believe" the abuse was occurring. 2 Chief Justice Rehnquist's opinion for the Court held that government inaction cannot violate due process unless the state has custody of the victim, 3 thus settling a controversial …
The Constitutionality Of Pregnancy Clauses In Living Will Statutes, Elizabeth C. Benton
The Constitutionality Of Pregnancy Clauses In Living Will Statutes, Elizabeth C. Benton
Vanderbilt Law Review
In 1976 the New Jersey Supreme Court allowed parents to remove a life support system from the body of their daughter after doctors deemed her vegetative state irreversible." The case, In re Quinlan, received extensive national media attention and pitted concerns about the quality of life and personal autonomy against respect for the sanctity of life. This conflict has intensified as medical technology has progressed so that patients who otherwise would die faster, natural deaths now are sustained indefinitely. Some patients and families see this life support as medical heroism, while others view it as painful,futile prolongation of death. One …
Plans, Protections, And Professional Intervention: Innovations In Divorce Custody Reform And The Role Of Legal Professionals, Jane W. Ellis
Plans, Protections, And Professional Intervention: Innovations In Divorce Custody Reform And The Role Of Legal Professionals, Jane W. Ellis
University of Michigan Journal of Law Reform
Beginning with an overview of the "law in theory" in Part II, this Article describes the Parenting Act's political origins and the aspirations on which the Act was based. These aspirations reflect common contemporary national themes and are based on common (and often unexamined) assumptions about the purposes of custody law and, indeed, the nature and capacity of law itself. They are described in conjunction with major theoretical arguments about custody reform. Part II then sets out the specific regulations embodying the drafters' goals. The Article next looks at this ambitious new "law in practice" in Part III. It describes …
Constitutional Law—Prisoners' Rights—Prison Regulation Denying Inmate The Right To Artificially Inseminate Wife Held Constitutional. Goodwin V. Turner, 908 F.2d 1395 (8th Cir. 1990)., Todd M. Turner
University of Arkansas at Little Rock Law Review
No abstract provided.
Putative Fathers And Parental Interests: A Search For Protection, Stacy Lynn Hill
Putative Fathers And Parental Interests: A Search For Protection, Stacy Lynn Hill
Indiana Law Journal
No abstract provided.
Economics, Feminism, And The Reinvention Of Alimony: A Reply To Ira Ellman, June Carbone
Economics, Feminism, And The Reinvention Of Alimony: A Reply To Ira Ellman, June Carbone
Vanderbilt Law Review
Divorce reform and gender roles are inextricably linked. When Lenore Weitzman chronicled the devastating consequences of divorce for most women, she described a legal system that, in an effort to be gender neutral in a formal sense, made no allowance for the domestic role women continue to perform. Herma Hill Kay, in reviewing Weitzman-inspired proposals to expand the scope of the financial awards made at divorce, nonetheless warned against encouraging "future couples entering marriage to make choices that will be economically disabling for women, thereby perpetuating their traditional financial dependence upon men and contributing to their inequality with men at …
Virginia's Equitable Distribution Law: Active Appreciation And The Source Of Funds Rule, Brett R. Turner
Virginia's Equitable Distribution Law: Active Appreciation And The Source Of Funds Rule, Brett R. Turner
Washington and Lee Law Review
No abstract provided.
Hearing On Child Support, Women Legislators Caucus
Hearing On Child Support, Women Legislators Caucus
California Agencies
No abstract provided.
Family Traits, Inga Markovits
Family Traits, Inga Markovits
Michigan Law Review
A Review of The Transformation of Family Law: State, Law and Family in the United States and Western Europe
Limiting Incarceration For Civil Contempt In Child Custody Cases, David J. Harmer
Limiting Incarceration For Civil Contempt In Child Custody Cases, David J. Harmer
Brigham Young University Journal of Public Law
No abstract provided.
The Limits Of Social Policy, Cary Coglianese
The Limits Of Social Policy, Cary Coglianese
Michigan Law Review
A Review of The Limits of Social Policy by Nathan Glazer
Family Support Of The Disabled: A Legislative Proposal To Create Incentives To Support Disabled Family Members, Judith G. Mcmullen
Family Support Of The Disabled: A Legislative Proposal To Create Incentives To Support Disabled Family Members, Judith G. Mcmullen
University of Michigan Journal of Law Reform
Several authorities in the field of estate planning have examined in great detail the options currently available to the parents of disabled children. The options are limited. Ideally, laws should address the concerns of the families of disabled children while providing those families with the incentive to help bear the financial costs of providing for their children. New legislation is needed to achieve this dual objective. This legislation must establish a method by which parents can improve meaningfully the quality of a surviving disabled child's life without substantially increasing the social cost of supporting that disabled child. This Article proposes …
Chapter 5 - Matrimonial Bonds: Slavery And Divorce In Nineteenth-Century America (Previously Published Article), Elizabeth B. Clark
Chapter 5 - Matrimonial Bonds: Slavery And Divorce In Nineteenth-Century America (Previously Published Article), Elizabeth B. Clark
Manuscript of Women, Church, and State: Religion and the Culture of Individual Rights in Nineteenth-Century America
In the covenant of marriage, woman is compelled to promise obedience to her husband, he becoming, to all intents and purposes, her master -- the law giving him power to deprive her of her liberty, and to administer chastisement. He has so framed the law of divorce . . . as to be wholly regardless of the happiness of women -- the law, in all cases, going upon a false supposition of the supremacy of man, and giving all power into his hands.
Prospective Fathers And Their Unborn Children, Jeffrey A. Parness
Prospective Fathers And Their Unborn Children, Jeffrey A. Parness
University of Arkansas at Little Rock Law Review
No abstract provided.
Matrimonial Bonds: Slavery And Divorce In Nineteenth-Century America, Elizabeth B. Clark
Matrimonial Bonds: Slavery And Divorce In Nineteenth-Century America, Elizabeth B. Clark
Publications
In the covenant of marriage, woman is compelled to promise obedience to her husband, he becoming, to all intents and purposes, her master -- the law giving him power to deprive her of her liberty, and to administer chastisement. He has so framed the law of divorce . . . as to be wholly regardless of the happiness of women -- the law, in all cases, going upon a false supposition of the supremacy of man, and giving all power into his hands.
North Carolina's Uniform Premarital Agreement Act: A Contract Perspective, Richard A. Lord
North Carolina's Uniform Premarital Agreement Act: A Contract Perspective, Richard A. Lord
Campbell Law Review
This Article will explore the likely impact the Uniform Premarital Agreement Act will have in North Carolina from a contractual perspective. First, the Article provides a thumbnail overview of the Act's provisions. Then, the Article considers the effect of the Act on North Carolina law and practice. Finally, the Article explores some of the more important and basic practical problems caused by the Act and suggests tentative solutions.
The Uniform Probate Code's "Augmented Estate" Concept: A Remedy For The North Carolina Dissent Statute, Charles H. Munn Jr.
The Uniform Probate Code's "Augmented Estate" Concept: A Remedy For The North Carolina Dissent Statute, Charles H. Munn Jr.
Campbell Law Review
This Comment will show that state statutes are not always effective. This Comment (1) discusses North Carolina's dissent statute, (2) shows the possible unfairness the North Carolina dissent statute may cause, and (3) argues why the Uniform Probate Code's "augmented estate" concept should be incorporated in North Carolina's dissent statute.
A Matter Of Difference: Domestic Contracts And Gender Equality, Brenda Cossman
A Matter Of Difference: Domestic Contracts And Gender Equality, Brenda Cossman
Osgoode Hall Law Journal
This essay explores the feminist debates around gender difference and gender equality in the context of the Supreme Court of Canada's Pelech trilogy. It argues that the Court's approach to the enforcement of separation agreements does not adequately account for gender difference. Based on feminist critiques of difference, the essay then suggests an approach which might allow us to move beyond the dilemmas that difference presents to feminist legal theory and practice, and to the enforcement of separation agreements in particular.
The Relevance Of Temporary Child Custody Orders To The Formation Of An Established Custodial Environment: A Model Statute For Uniform Application Under Michigan Law, Christine M. Drylie
The Relevance Of Temporary Child Custody Orders To The Formation Of An Established Custodial Environment: A Model Statute For Uniform Application Under Michigan Law, Christine M. Drylie
University of Michigan Journal of Law Reform
This Note presents a Model Statute that clearly indicates when a court may find that an established custodial environment has arisen out of a temporary custody order. The Model Statute thus clarifies when it is appropriate to apply the clear and convincing evidentiary standard to situations involving temporary child custody orders. Part I of this Note describes the court's use of temporary custody orders to determine whether an established custodial environment exists. Part II sets forth the Model Statute, which integrates current case law into statutory language designed specifically for temporary custody situations. Part II also analyzes each section of …
Judicial Review And Abortion In Canada: Lessons For The United States In The Wake Of Webster V. Reproductive Health Services, 61 U. Colo. L. Rev. 537 (1990), Donald L. Beschle
Judicial Review And Abortion In Canada: Lessons For The United States In The Wake Of Webster V. Reproductive Health Services, 61 U. Colo. L. Rev. 537 (1990), Donald L. Beschle
UIC Law Open Access Faculty Scholarship
No abstract provided.
Books Received, Law Review Staff
Books Received, Law Review Staff
Vanderbilt Journal of Transnational Law
In Common Law in Southern Africa, Kutner surveys the judgments that are published in South African Law Reports and the official law reports of other southern African states from 1947 to the present. English language commentaries on the cases and statutes discussed in the text are cited in the notes. A Table of Statutes, Table of Cases, Conflict of Laws Index and Torts Index also are provided.
Stepparents, Biologic Parents, And The Law's Perception Of 'Family' After Divorce, David L. Chambers
Stepparents, Biologic Parents, And The Law's Perception Of 'Family' After Divorce, David L. Chambers
Book Chapters
The drama of divorce always contains at least two characters, a woman and a man, and often a third, a child born to the woman and the man. If you have read the other chapters of this book, you have rarely encountered any of the other persons who may be affected by a divorce, such as the children of either person from a prior marriage, or later spouses or partners of either party, or later born children of either party-all the persons who are or become stepchildren or stepparents. You have not encountered them because, in this country, with minor …
Mapping The Human Genome And The Meaning Of Monster Mythology, George J. Annas
Mapping The Human Genome And The Meaning Of Monster Mythology, George J. Annas
Faculty Scholarship
Pre-Columbian cartographers drew their maps to the extent of their knowledge, and then wrote in the margins, "Beyond this point there are dragons." With the voyage of Columbus, we lost both our fear of the geographic frontier and our innocence. We accept that knowledge can generally overpower fear; but we have also learned that the application of new knowledge often has a dark side that can lead to brutality and disaster. The discovery of America, for example, led to unforeseen value conflicts of justice and fairness involving native Americans that were "resolved" only by their merciless subjugation and genocidal destruction. …
Constitutional Law—Freedom Of Religion—Requiring Reports Of Religious Counseling Sessions Under Child Abuse Reporting Statutes Does Not Violate The First Amendment. State V. Motherwell, 114 Wash. 2d 353, 788 P.2d 1066 (1990)., Mona J. Mcnutt
University of Arkansas at Little Rock Law Review
No abstract provided.