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Articles 1 - 9 of 9
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How Reasonable Are Reasonable Efforts For The Children Of Incarcerated Parents?, Courtney Serrato
How Reasonable Are Reasonable Efforts For The Children Of Incarcerated Parents?, Courtney Serrato
Golden Gate University Law Review
This article will discuss the development of the laws concerning children with incarcerated parents. Ultimately, the goal is to encourage states like California to (1) expand the law regarding reasonable efforts even further, (2) encourage California prisons to take into consideration exceptions for children and incarcerated parents in implementing prison policies, and (3) provide other states with a model for proposing new laws that can be put into practice. The background of this article will explain the federal implementation of The Adoption and Safe Families Act (ASFA) and the necessary changes California made to state law after the enactment of …
Plural Marriage And Community Property Law, Diane J. Klein
Plural Marriage And Community Property Law, Diane J. Klein
Golden Gate University Law Review
Plural marriage makes strange bedfellows. Fundamentalist Mormons, polyamorous/ polyfidelitous sex radicals, and some feminists and proponents of same-sex marriage (including this author), share the view that freedom of intimate association under the United States Constitution, properly understood, must extend beyond the right to marry exactly one person of the opposite gender from oneself. But while it is one thing to endorse marriage freedom, as a matter of principle, it is quite another actually to implement it in law. If people could simultaneously have more than one spouse, the lawyer must ask, how would things actually work, from a marital property …
The Best Interest Of The Child: Eliminating Discrimination In The Screening Of Adoptive Parents, Jehnna Irene Hanan
The Best Interest Of The Child: Eliminating Discrimination In The Screening Of Adoptive Parents, Jehnna Irene Hanan
Golden Gate University Law Review
This comment will propose eliminating race and all factors that would be discriminatory in any other area of the law from consideration in adoption placement decisions, focusing instead on assessments of the parenting skills of individual prospective adoptive parents, and giving preference to foster parents or others who are already providing care to the child. Part II will discuss the historical precedents of today's adoption laws and show how the misperception of the adoptive family as inferior to the biological family helped to shape the current law. Part III will describe the process of adopting a child to demonstrate that …
In Harm's Way? Family Mediation And The Role Of The Attorney Advocate, Mary Pat Treuthart
In Harm's Way? Family Mediation And The Role Of The Attorney Advocate, Mary Pat Treuthart
Golden Gate University Law Review
The first part of this article presents some background information about mediation and the current mediation trend, emphasizes that the use of mediation is dangerous and inappropriate when one disputant has been abused by the other, and identifies potential problems for women which may be created by family mediation. The second part of this article focuses on the role and responsibilities of the attorney advocate when the client chooses, or is compelled, to mediate, with particular attention to the special concerns involved in representing battered women. In the scholarly literature, much time and energy has been devoted to issues addressed …
The Constitutionality Of California's Parental Consent To Abortion Statute, Malena R. Calvin
The Constitutionality Of California's Parental Consent To Abortion Statute, Malena R. Calvin
Golden Gate University Law Review
In order to determine the constitutionality of California's parental consent statute, this article will first discuss the implications of Roe. Second, this article will analyze United States Supreme Court decisions which have addressed parental consent statutes. Third, this paper will demonstrate that California's parental consent statute would be considered constitutional under the Supreme Court cases which have addressed such statutes. Fourth, this paper will consider the implications of California's state constitution. Based on this analysis, this paper will establish that despite a finding of constitutionality under federal law, California's parental consent statute appears to violate the express right to privacy …
Frozen Embryos: New Technology Meets Family Law, Natalie K. Young
Frozen Embryos: New Technology Meets Family Law, Natalie K. Young
Golden Gate University Law Review
This article addresses the various reasons and legal arguments for treating embryos as life, or in the alternative as property. In particular, this article analyzes the legal status of frozen embryos in a marital dissolution proceeding from a custodial point of view and a marital property point of view. Part I sets forth a broad policy perspective on the doctrinal choices that must be made in determining the legal status of the embryo. Part II first explores the possibility of classifying frozen embryos as human life and then presents a legal analysis, derived from the general principles of family law, …
Lavender Bruises: Intra-Lesbian Violence, Law And Lesbian Legal Theory, Ruthann Robson
Lavender Bruises: Intra-Lesbian Violence, Law And Lesbian Legal Theory, Ruthann Robson
Golden Gate University Law Review
This Article seeks to elucidate the confusion between sexuality and violence that confounds legal treatments of intra-lesbian violence. This confusion is both explicitly and implicitly revealed in judicial decisions and legislative enactments. A distinct but intertwined task of this Article is to situate intra-lesbian violence within the development of a lesbian legal theory. It is intra-lesbian violence that makes equally untenable either a separatist lesbian legal theory (eschewing all reference to a patriarchal legal system) or an assimilationist lesbian legal theory (advocating lesbianism as an irrelevant factor in legal determinations).
Adult Adoption: A "New" Legal Tool For Lesbians And Gay Men, Peter N. Fowler
Adult Adoption: A "New" Legal Tool For Lesbians And Gay Men, Peter N. Fowler
Golden Gate University Law Review
This Comment explores the current statutory framework for adult adoption, the parameters of the legal relationship created, and the scope of the right to privacy issues involved in the exercise of this statutory right. In addition, possible motives individuals may have for utilizing adult adoption, the need for attorneys to identify potential problem areas for their clients, and the potential disadvantages of such a legal relationship, particularly with respect to the dynamics of the individuals' relationship, are discussed.
Panel: Domestic Violence And Custody - "To Ensure Domestic Tranquility"
Panel: Domestic Violence And Custody - "To Ensure Domestic Tranquility"
Golden Gate University Law Review
The prevalence of divorce and domestic violence brings Americans before family courts in unprecedented numbers. Courts are overwhelmed by this flood of litigation and are seeking new ways to resolve these conflicts. Custody awards are made against a shifting background of feminist politics and reactionary backlash. In an effort to provide NAWJ judges with perspective on the shared difficulties of awarding (joint) custody, the Panel on Domestic Violence and Custody convened legal and mental health professionals to discuss the related issues of joint custody, mediation, and domestic violence.