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Golden Gate University School of Law

Golden Gate University Law Review

Child custody

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Judicial Discretion Is Insufficient: Minors' Due Process Right To Participate With Counsel When Divorce Custody Disputes Involve Allegations Of Child Abuse, David Peterson Sep 2010

Judicial Discretion Is Insufficient: Minors' Due Process Right To Participate With Counsel When Divorce Custody Disputes Involve Allegations Of Child Abuse, David Peterson

Golden Gate University Law Review

This comment will illustrate how allegations of child abuse in a divorce custody dispute dramatically alter the presumption that the child's interests are well represented. Therefore, appointment of counsel for the child becomes necessary. The author first summarizes current state laws which address this issue and discusses the factors which cause discretionary appointment to fail. Next, the author demonstrates the trend of appellate court decisions and state laws toward mandatory appointment of counsel when abuse is alleged. The author then argues that mandatory appointment is necessitated by due process balancing of the child's and the government's interest. Finally, the author …


Frozen Embryos: New Technology Meets Family Law, Natalie K. Young Sep 2010

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, …


Survey: Woman And California Law, Amy C. Hirschkron, Michele M. Feher, Te Jung Chang Sep 2010

Survey: Woman And California Law, Amy C. Hirschkron, Michele M. Feher, Te Jung Chang

Golden Gate University Law Review

This survey of California, a regular feature of the Women's Law Forum, summarizes recent California Supreme Court and Court of Appeal decisions of special importance to women. A brief analysis of the issues pertinent to women raised in each case is provided.


Survey: Women And California Law, Linda C. Kramer, T. A. Graudin, Donna Cobe Beekman, Kathy A. Alfieri Sep 2010

Survey: Women And California Law, Linda C. Kramer, T. A. Graudin, Donna Cobe Beekman, Kathy A. Alfieri

Golden Gate University Law Review

This survey of California law, a regular feature of the Women's Law Forum, summarizes recent California Supreme Court and Court of Appeal decisions of special importance to women. A briefanalysis of the issues pertinent to women raised in each case is provided.


Survey: Women And California Law, Alan Black, Katherine Hardy Sep 2010

Survey: Women And California Law, Alan Black, Katherine Hardy

Golden Gate University Law Review

This survey of California law, a regular feature of the Women's Law Forum, summarizes recent California Supreme Court and Court of Appeal decisions of special importance to women. A brief analysis of the issues pertinent to women raised in each case is provided.


Survey: Women And California Law Sep 2010

Survey: Women And California Law

Golden Gate University Law Review

This survey of California law, a regular feature of the Women's Law Forum, summarizes recent California Supreme Court and Court of Appeal decisions of special importance to women. A brief analysis of the issues pertinent to women raised in each case is provided.


Survey: Women And California Law, Carol A. King Sep 2010

Survey: Women And California Law, Carol A. King

Golden Gate University Law Review

This survey of California Law, a regular feature of the Women's Law Forum, summarizes recent California Supreme Court and Court of Appeal decisions of special importance to women. A brief analysis of the issues pertinent to women raised in each case is provided.


Survey: Women And California Law, Michele Modena-Kurpinsky Sep 2010

Survey: Women And California Law, Michele Modena-Kurpinsky

Golden Gate University Law Review

This survey of California case law and legislation is a regular feature of the Women's Law Forum. The survey summarizes recent California Supreme Court decisions, courts of appeal decisions, and new legislation which are of special importance to women. The focus of the survey is on presenting issues most pertinent to women, rather than on analyzing all issues raised in each case or bill. The survey period for cases in this issue is March 1, 1981 through February 28, 1982. Summaries of significant legislation enacted between October 1, 1980 and December 31, 1981 are also included.