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Pragmatic Family Law, Clare Huntington Jan 2023

Pragmatic Family Law, Clare Huntington

Faculty Scholarship

Family law is a central battleground for a polarized America, with seemingly endless conflict over abortion, parental control of school curricula, gender-affirming health care for children, and similar flash points. This is hardly surprising for an area of law that implicates fundamental concerns about equality, bodily autonomy, sexual liberty, gender norms, parenting, and religion. Polarization poses significant risks to children and families, but centering contestation obscures another important reality. In many areas of doctrine and policy, family law has managed to avoid polarization, even for politically and socially combustible issues. Instead, states are converging on similar rules and policies, working …


The Institutions Of Family Law, Clare Huntington Jan 2022

The Institutions Of Family Law, Clare Huntington

Faculty Scholarship

Family law scholarship is thriving, with scholars using varied methodologies to analyze intimate partner violence, cohabitation, child maltreatment, juvenile misconduct, and child custody, to name but a few areas of study. Despite the richness of this discourse, however, most family law scholars ignore a key tool deployed in virtually every other legal-academic domain: institutional analysis. This methodology, which plays a foundational role in legal scholarship, focuses on four basic questions. Scholars often begin empirically, identifying the specific legal, social, and economic institutions that shape an area of legal regulation. Beyond descriptive accounts, scholars analyze how authority is and should be …


The Illusory Imputation Of Income In Marital Settlement Agreements: "The Future Ain't What It Used To Be", Timothy L. Arcaro, Laura Miller Cancilla Oct 2010

The Illusory Imputation Of Income In Marital Settlement Agreements: "The Future Ain't What It Used To Be", Timothy L. Arcaro, Laura Miller Cancilla

Faculty Scholarship

No abstract provided.


Chalimony: Seeking Equity Between Parents Of Children With Disabilities And Chronic Illnesses, Karen Czapanskiy Jan 2010

Chalimony: Seeking Equity Between Parents Of Children With Disabilities And Chronic Illnesses, Karen Czapanskiy

Faculty Scholarship

Many thousands of children experience serious disabling conditions such as autism and debilitating chronic illnesses such as asthma. Caring for these children is often so demanding that caregiving parents cannot remain employed outside the home. Parental resources available to these children are also limited because an unusually high percentage of them live with only one parent. Nonetheless, surprisingly few cases involving families with a disabled or chronically ill child appear in the family law case law or scholarly literature. Even where child support and alimony are concerned, these families are seen only at the margins.

In my recent article, I …


No More Secret Adoptions: Providing Unwed Biological Fathers With Actual Notice Of The Florida Putative Father Registry, Timothy L. Arcaro Jan 2008

No More Secret Adoptions: Providing Unwed Biological Fathers With Actual Notice Of The Florida Putative Father Registry, Timothy L. Arcaro

Faculty Scholarship

No abstract provided.


To Protect And Defend: Assigning Parental Rights When Parents Are Living In Poverty, Karen Czapanskiy Jan 2006

To Protect And Defend: Assigning Parental Rights When Parents Are Living In Poverty, Karen Czapanskiy

Faculty Scholarship

No abstract provided.


Ali Child Support Principles: A Lesson In Public Policy And Truth-Telling, Karen Czapanskiy Jan 2001

Ali Child Support Principles: A Lesson In Public Policy And Truth-Telling, Karen Czapanskiy

Faculty Scholarship

No abstract provided.


Child Support, Visitation, Shared Custody And Split Custody, Karen Czapanskiy Jan 1994

Child Support, Visitation, Shared Custody And Split Custody, Karen Czapanskiy

Faculty Scholarship

No abstract provided.


Giving Credit Where Credit Is Due: The Role Of The Noneconomic Contribution Of The Physical Custodian In Establishing Child Support, Karen Czapanskiy Jan 1987

Giving Credit Where Credit Is Due: The Role Of The Noneconomic Contribution Of The Physical Custodian In Establishing Child Support, Karen Czapanskiy

Faculty Scholarship

No abstract provided.