Law Commons^™

Extending The Normativity Of The Extended Family: Reflections On Moore V. City Of East Cleveland, Angela Onwuachi-Willig

Angela Onwuachi-Willig

Part I of this Article briefly recounts the plurality decision in Moore before analyzing Justice Brennan’s concurring opinion and detailing how the concurrence affirms, rather than deconstructs, the notion of African American deviance in families. Next, Part II specifies the ways in which Justice Brennan could have truly uplifted African American families and other families of color by identifying and explicating the strengths of extended or multigenerational family forms among people of color and by showing how such family forms can be a model, or even the model (if one must be chosen), for all families. Then, Part III concludes …

The Woman Question In Post-Socialist Legal Education, Isabel Marcus

Isabel Marcus

No abstract provided.

Looking Toward The Future: Feminism And Reproductive Technologies, Isabel Marcus, Rhonda Copelon, Ruth Hubbard, Barbara Katz Rothman, Barbara Omolade

Isabel Marcus

No abstract provided.

Reflections On The Significance Of The Sex/Gender System: Divorce Law Reform In New York, Isabel Marcus

Isabel Marcus

No abstract provided.

Preliminary Comments On Dark Numbers: Research On Domestic Violence In Central And Eastern Europe, Isabel Marcus

Isabel Marcus

No abstract provided.

Religion And Marriage Equality Statutes, Nelson Tebbe

Nelson Tebbe

To date, every state statute that has extended marriage equality to gay and lesbian couples has included accommodations for actors who oppose such marriages on religious grounds. Debate over those accommodations has occurred mostly between, on the one hand, people who urge broader religion protections and, on the other hand, those who support the types of accommodations that typically have appeared in existing statutes. This article argues that the debate should be widened to include arguments that the existing accommodations are normatively and constitutionally problematic. Even states that presumptively are most friendly to LGBT citizens, as measured by their demonstrated …

Seeing The Wrecking Ball In Motion: Ex Parte Protection Orders And The Realities Of Domestic Violence, 32 Wis. J.L. Gender & Soc'y 13 (2017), Debra Pogrund Stark, Jessica M. Choplin

Debra Pogrund Stark

One of the most fundamental norms in our judicial system is that courts need to hear from both parties on a legal issue before granting any form of legal relief. Nevertheless, rules of civil procedure permit a vulnerable party to appear in court ex parte (without prior notice to the other party), to obtain a temporary order prohibiting a wrongful action about to be taken that will cause irreparable harm. A classic example of this is when a person runs into court because a demolition crew is starting to set up to demolish a building they have built and claim …

Grasping Fatherhood In Abortion And Adoption, Malinda L. Seymore

Malinda L. Seymore

Biology makes a mother, but it does not make a father. While a mother is a legal parent by reason of her biological relationship with her child, a father is not a legal parent unless he takes affirmative steps to grasp fatherhood. Being married to the mother at the time of conception or at the time of birth is one of those affirmative steps. But if he is not married to the mother, he must do far more before he will be legally recognized as a father. Biology is often presented as a sufficient reason for this dichotomy--it is easy …

Parental Separation And The Child Custody Decision: Toward A Reconception, David G. Duff, Roxanne Mykitiuk

Roxanne Mykitiuk

Contemporary debates regarding the appropriate way to resolve custody and access disputes reflect deeply rooted conceptions of both the family and the proper relationship between the family and the state. The prevailing "best interests of the child" test and judicial presumptions favouring sole custody embody a traditional definition of the family and a communitarian image of familial relationships.Conversely, current joint custody legislation adopts a liberal-contractual paradigm, in which the family is viewed as a joint partnership and children are conceived as assets to be equally divided upon termination ofthe spousal relationship. The authors reject both notions of the family and …

The Principle Of Subsidiarity And The Law Of The Family Business, Scott T. Fitzgibbon

Scott T. FitzGibbon

There is a considerable incongruity between the ends and aims of the business association, on the one hand, and the ends and aims of the family -- and thus of most family businesses -- on the other. This Essay proposes a principle for the guidance of the law in such matters. This is the principle of subsidiarity, which instructs government and the law to recognize the smaller organizations of society and to foster their functioning along lines appropriate to their purposes and along the lines intended by their principals. This Essay develops an especially rich account of the principle of …

Void Marriages, Maintenance, And Matrimonial Assets: Adp V Adq [2012] Sgca 6, Siyuan Chen

Siyuan CHEN

Do Singapore courts have jurisdiction under the Women’s Charter to order maintenance and the division of matrimonial assets when a marriage has been declared void? This was the novel issue presented in ADP v ADQ, and the Court of Appeal answered in the affirmative.

The Division Of Matrimonial Assets: A Mathematical Methodology As A "Check"? Ajr V. Ajs, Siyuan Chen

Siyuan CHEN

In a recent High Court decision concerning the division of matrimonial assets, the Judge developed an extensive (and somewhat mathematical) methodology “as a rough check” to his discretionary powers in determining a “just and equitable” division of the matrimonial assets. This introduced a new perspective to an exercise long considered to be impossible to be mathematically precise. This piece considers the extent of the utility of the new methodology.

Sham Marriages, Ancillary Powers, And Moral Discourse: Toh Seok Kheng V. Huang Huiqun; Adp V. Adq, Siyuan Chen

Siyuan CHEN

Is marriage an institution (of public morality) or a contract (of private ordering)? In Toh Seok Kheng, the High Court concluded that it was unable to declare a “sham marriage” void just because the motives behind the marriage seemed improper. In ADP, the High Court held that since a void marriage meant there was no marriage to begin with, the “wife” was not entitled to maintenance, and there could not have been any “matrimonial assets” to be divided, unless she had a strong “moral” claim. This piece considers how the aforementioned moral-contractual dichotomy emerges in these cases.

Mediated Postnuptial Agreements And Ancillary Matters, Siyuan Chen

Siyuan CHEN

When the parties in a divorce have, with the benefit of legal counsel, gone through mediation and negotiated an agreement to settle the ancillary issues of maintenance and the division of matrimonial assets, is there any reason for the court to exercise its statutorily conferred discretion to ignore such an agreement or should it seek to uphold it despite objections from one of the parties? Whereas the High Court in this case declined to follow all of the terms in the agreement on the ground that some of them were not just and equitable, the Court of Appeal held that …

An Overview Of The Impending Changes In The Family Justice Landscape, Siyuan Chen

Siyuan CHEN

Singapore’s family justice landscape is set to witness a sea-change when the key features of the new Family Justice Act, as well as recommendations from the Committee for Family Justice (chaired by the Senior Minister of State for Law and Education, Justice VK Rajah, and Justice Andrew Phang), materialise in the months ahead.

Professor Breaks Ground With Journal On Sexual Violence And Exploitation, Joseph Essig, Donna M. Hughes Dr.

Donna M. Hughes

New Uri Journal Explores Sexual Exploitation, G. Wayne Miller, Donna M. Hughes Dr.

Donna M. Hughes

Uri Professor Launches Online Journal About Sexual Exploitation, Violence, Slavery, Donna M. Hughes Dr.

Donna M. Hughes

Adultery: Trust And Children, Margaret F. Brinig

Margaret F Brinig

Deborah Rhode writes that while adultery is admittedly not good, it should not be criminal. She argues that it should not generate a tort action either, because the original purposes for which the torts of alienation of affections and criminal conversation come from a time with quite different views about marriage and gender, while no-fault and speedy divorce today give adequate remedies to the wronged spouse. Further, adultery should not affect employment (as a politician or in the military) unless it directly impacts job performance.

My own reluctance to disengage adultery and law stems from the seriousness of adultery. First, …

The Finney County, Kansas Community Assessment Process: Fact Book, Debra J. Bolton Phd, Shannon L. Dick M.S.

Dr. Debra Bolton

This multi-lingual/multi-cultural study was called, Community Assets Processt, by the groups that “commissioned” it: Finnup Foundation, Finney County K-State Research & Extension, Western Kansas Community Foundation, Finney County United Way, Finney County Health Department, United Methodist Community Health Center (UMMAM), Center for Children and Families, Garden City Recreation Commission, and the Garden City Cultural Relations Board, because we intend for this to be an ongoing discussion. An objective, for those promoting the study, was to connect foundation, state, and federal funding with activities or services that addressed the true needs of people living in Finney County. The group was looking …

Faultless Guilt: Toward A Relationship Based View Of Criminal Liability, Amy Sepinwall

Amy J. Sepinwall

The Law Of Attorney Fees In Family Law Cases, Robert G. Spector, Carolyn S. Thompson

Robert G. Spector

No abstract provided.

Quacking Like A Duck? Functional Parenthood Doctrine And Same-Sex Parents, Katharine K. Baker

Katharine K. Baker

Grasping Fatherhood In Abortion And Adoption.Pdf, Malinda L. Seymore

Malinda L. Seymore

Rural Women And Developments In The Undue Burden Analysis: The Effect Of Whole Woman's Health V. Hellerstedt, Hannah Haksgaard

Hannah Haksgaard

No abstract provided.

Marriage Equality And Family Diversity: Comparative Perspectives From The United States And South Africa, Holning Lau

Holning Lau