Open Access. Powered by Scholars. Published by Universities.®

Digital Commons Network

Open Access. Powered by Scholars. Published by Universities.®

Articles 1 - 30 of 34

Full-Text Articles in Entire DC Network

Case Law On American Indians: October 2022 - August 2023, Thomas P. Schlosser Dec 2023

Case Law On American Indians: October 2022 - August 2023, Thomas P. Schlosser

American Indian Law Journal

No abstract provided.


Putting The "Remedy" Back In The International Child Abduction Remedies Act - Enforcing Visitation Rights For The Left Behind Parent, Nicole Clark Apr 2016

Putting The "Remedy" Back In The International Child Abduction Remedies Act - Enforcing Visitation Rights For The Left Behind Parent, Nicole Clark

St. John's Law Review

(Excerpt)

This Note argues that the Second Circuit’s approach is more consistent with the aims of the Hague Convention and the needs of children than the Fourth Circuit’s approach and that ICARA does confer jurisdiction upon federal courts to adjudicate claims for the enforcement of visitation rights under the Hague Convention. Part I discusses the background of the Hague Convention and ICARA and how visitation rights fit into each. Part II discusses the split between the Fourth Circuit and the Second Circuit regarding whether ICARA confers jurisdiction upon federal courts over claims for the enforcement of visitation rights. It further …


The Arkansas Supreme Court’S Unconstitutional Power Grab In Arkansas Department Of Human Services V. Shelby And The Judiciary’S Authority In Child-Welfare Cases, Jerald A. Sharum Apr 2015

The Arkansas Supreme Court’S Unconstitutional Power Grab In Arkansas Department Of Human Services V. Shelby And The Judiciary’S Authority In Child-Welfare Cases, Jerald A. Sharum

University of Arkansas at Little Rock Law Review

No abstract provided.


Thompson V. Thompson: The Jurisdictional Dilemma Of Child Custody Cases Under The Parental Kidnapping Prevention Act , Steven M. Schuetze Jan 2013

Thompson V. Thompson: The Jurisdictional Dilemma Of Child Custody Cases Under The Parental Kidnapping Prevention Act , Steven M. Schuetze

Pepperdine Law Review

No abstract provided.


Disentangling Symmetries: Speech, Association, Parenthood, Laurence H. Tribe Oct 2012

Disentangling Symmetries: Speech, Association, Parenthood, Laurence H. Tribe

Pepperdine Law Review

No abstract provided.


Family Law, Ronald R. Tweel, Elizabeth P. Coughter, Jason P. Seiden Nov 2011

Family Law, Ronald R. Tweel, Elizabeth P. Coughter, Jason P. Seiden

University of Richmond Law Review

No abstract provided.


Home State, Cross-Border Custody, And Habitual Residence Jurisdiction: Time For A Temporal Standard In International Family Law, Todd Heine Sep 2011

Home State, Cross-Border Custody, And Habitual Residence Jurisdiction: Time For A Temporal Standard In International Family Law, Todd Heine

Annual Survey of International & Comparative Law

This article addresses three jurisdictional standards that arise in every cross-border child custody dispute between European Union Member States and the United States: home state, cross-border, and habitual residence jurisdiction. These jurisdictional standards face uncertainty in many cases.

First, this article provides a history of family law jurisdiction in the United States and thoroughly reviews home state jurisdiction in United States domestic law. While domestic family lawyers know this standard, the standard’s rigidity and fragmented application among the states baffle many foreign family lawyers.

Second, this article offers an overview of the remarkable emergence of family law in European Union …


'Til Death Do Us Part: Why Personal Jurisdiction Is Required To Issue Victim Protection Orders Against Nonresident Abusers, Bevan J. Graybill Jan 2011

'Til Death Do Us Part: Why Personal Jurisdiction Is Required To Issue Victim Protection Orders Against Nonresident Abusers, Bevan J. Graybill

Oklahoma Law Review

No abstract provided.


Undermining Kulko At Home And Abroad, John J. Sampson Jan 2011

Undermining Kulko At Home And Abroad, John J. Sampson

Oklahoma Law Review

No abstract provided.


Memorandum: Accommodating The Uccjea And The 1996 Hague Convention, Robert G. Spector Jan 2011

Memorandum: Accommodating The Uccjea And The 1996 Hague Convention, Robert G. Spector

Oklahoma Law Review

No abstract provided.


Global Child Welfare: The Challenges For Family Law, Ann Laquer Estin Jan 2011

Global Child Welfare: The Challenges For Family Law, Ann Laquer Estin

Oklahoma Law Review

No abstract provided.


Exit Costs -- A New Paradign For The Treatment Of International Conflicts Over Matrimonial Property Regimes?, David S. Rosettenstein Jan 2011

Exit Costs -- A New Paradign For The Treatment Of International Conflicts Over Matrimonial Property Regimes?, David S. Rosettenstein

Oklahoma Law Review

No abstract provided.


Cases Jan 1998

Cases

American Indian Law Review

No abstract provided.


Lemley V. Barr: Who Gets Baby Ryan And Who Should Decide, Thomas G. Steele Jan 1987

Lemley V. Barr: Who Gets Baby Ryan And Who Should Decide, Thomas G. Steele

West Virginia Law Review

No abstract provided.


Virginia's Domestic Relations Long-Arm Legislation: Does Its Reach Exceed Its Due Process Grasp?, E. Roy Hawkens Feb 1983

Virginia's Domestic Relations Long-Arm Legislation: Does Its Reach Exceed Its Due Process Grasp?, E. Roy Hawkens

William & Mary Law Review

No abstract provided.


Parental Kidnapping: Can The Uniform Child Custody Jurisdiction Act And Federal Parental Kidnapping Prevention Act Of 1980 Effectively Deter It?, Rita Mankovich Irani Jan 1981

Parental Kidnapping: Can The Uniform Child Custody Jurisdiction Act And Federal Parental Kidnapping Prevention Act Of 1980 Effectively Deter It?, Rita Mankovich Irani

Duquesne Law Review

Despite the adoption in forty-four states of the Uniform Child Custody Jurisdiction Act, kidnapping remains a widespread alternative for parents who seek custody of their children. The author discusses how the willingness of courts to entertain the custody petition of a parent who has kidnapped his child has provided incentive for child-snatching, and probes section 8 of the Act, which sets forth guidelines for courts to use in determining whether to hear such petitions. Selected cases are presented to illustrate a proper interpretation and application of section 8 in light of the Act's overall purpose. Finally, the author explains the …


Legislation: Cooperation As The Key To Effectuation Of The Indian Child Welfare Act, Suzanne Broadbent Jan 1980

Legislation: Cooperation As The Key To Effectuation Of The Indian Child Welfare Act, Suzanne Broadbent

American Indian Law Review

No abstract provided.


The Proposed Arkansas Uniform Child Custody Jurisdiction Act, Edward O. Moody Oct 1978

The Proposed Arkansas Uniform Child Custody Jurisdiction Act, Edward O. Moody

University of Arkansas at Little Rock Law Review

No abstract provided.


Recent Developments Jan 1978

Recent Developments

American Indian Law Review

No abstract provided.


Case Digest, Journal Staff Jan 1972

Case Digest, Journal Staff

Vanderbilt Journal of Transnational Law

The purpose of the Case Digest is to identify and summarize for the reader those cases that have less significance than those which merit an in-depth analysis. Included in the digest are cases that apply established legal principles without necessarily introducing new ones. This initial digest includes cases reported from January through September,1971. Henceforth, the Winter issue will include cases reported from April through September, and the Spring issue will contain cases reported from October through March. The cases are grouped into topical categories, and references are given for further research. It is hoped that attorneys, judges, teachers and students …


Annulment - Personal Jurisdiction - Court Of Plaintiff's Domicile Has Jurisdiction Over Nonresident Defendant Served By Registered Mail, Edward Gerald Donnelly Jr. Jan 1965

Annulment - Personal Jurisdiction - Court Of Plaintiff's Domicile Has Jurisdiction Over Nonresident Defendant Served By Registered Mail, Edward Gerald Donnelly Jr.

Villanova Law Review

No abstract provided.


Jurisdiction--Custody Cases--Full Faith And Credit--Changed Conditions, John R. Bozeman Jan 1965

Jurisdiction--Custody Cases--Full Faith And Credit--Changed Conditions, John R. Bozeman

Kentucky Law Journal

No abstract provided.


Abstracts Of Recent Cases, Charles Henry Rudolph Jr. Jun 1962

Abstracts Of Recent Cases, Charles Henry Rudolph Jr.

West Virginia Law Review

No abstract provided.


Annulment Jurisdiction Clarified Jan 1948

Annulment Jurisdiction Clarified

Maryland Law Review

No abstract provided.


Divorce--Collateral Attack By Subsequent Spouse, H. L. W. Jr. Feb 1942

Divorce--Collateral Attack By Subsequent Spouse, H. L. W. Jr.

West Virginia Law Review

No abstract provided.


Conflict Of Laws And Jurisdiction For Divorce--Separation Of The Marital Status, Nathan Elliott Jr. Jan 1940

Conflict Of Laws And Jurisdiction For Divorce--Separation Of The Marital Status, Nathan Elliott Jr.

Kentucky Law Journal

No abstract provided.


Conflict Of Laws--Jurisdiction For Divorce--Extra-Territorial Validity Of Ex Parte Divorces, Elwood Rosenbaum Jan 1940

Conflict Of Laws--Jurisdiction For Divorce--Extra-Territorial Validity Of Ex Parte Divorces, Elwood Rosenbaum

Kentucky Law Journal

No abstract provided.


Divorce-Jurisdiction Over Subject Matter-Res Judicata Feb 1939

Divorce-Jurisdiction Over Subject Matter-Res Judicata

Indiana Law Journal

No abstract provided.


Conflict Of Laws--Jurisdiction To Grant Divorce--Davis V. Davis, Phillip Schiff Jan 1939

Conflict Of Laws--Jurisdiction To Grant Divorce--Davis V. Davis, Phillip Schiff

Kentucky Law Journal

No abstract provided.


Annulment Of Marriage For Duress Where Pre-Marital Relations Have Occurred - Lurz V. Lurz Jan 1937

Annulment Of Marriage For Duress Where Pre-Marital Relations Have Occurred - Lurz V. Lurz

Maryland Law Review

No abstract provided.