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- Leigh S. Goodmark (9)
- Sanford N. Katz (5)
- Katharine K. Baker (4)
- Deirdre M Bowen (3)
- Mary Kate Kearney (3)
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- Randy Lee (3)
- Alicia B. Kelly (2)
- Bruce L. Beverly (2)
- James G. Dwyer (2)
- Corinna Cicmanec (1)
- David A. Wirth (1)
- Dr Robert Brown (1)
- Elisabeth Keller (1)
- Helen Y Chang (1)
- Hezi Margalit (1)
- Jennifer Jackson (1)
- Judith A Hale Reed (1)
- Llewellyn Joseph Gibbons (1)
- Margaret B Drew (1)
- Margaret E Johnson (1)
- Marie T. Reilly (1)
- Robin Fretwell Wilson (1)
- Ryan M. Riegg (1)
- Sara L Crewson (1)
- Tanya Monique Washington (1)
Articles 1 - 30 of 49
Full-Text Articles in Law
The Child Protection Pretense: States' Continued Consignment Of Newborn Babies To Unfit Parents, James G. Dwyer
The Child Protection Pretense: States' Continued Consignment Of Newborn Babies To Unfit Parents, James G. Dwyer
James G. Dwyer
No abstract provided.
A Taxonomy Of Children's Existing Rights In State Decision Making About Their Relationships, James G. Dwyer
A Taxonomy Of Children's Existing Rights In State Decision Making About Their Relationships, James G. Dwyer
James G. Dwyer
No abstract provided.
הורות משפטית מן הדין ומן הצדק - Legal Parenthood - Law And Justice, Yehezkel Margalit
הורות משפטית מן הדין ומן הצדק - Legal Parenthood - Law And Justice, Yehezkel Margalit
Hezi Margalit
Scholars Of The Constitutional Rights Of Children (Amici Curiae), Tanya M. Washington
Scholars Of The Constitutional Rights Of Children (Amici Curiae), Tanya M. Washington
Tanya Monique Washington
My co-authors and I filed an amicus brief with the U.S. Supreme Court in Obergefell v. Hodges last month. Our first co-authored amicus brief was filed with the Supreme Court in U.S. Windsor in 2013, and it was cited by the Respondents in their brief to the Court. The Defense of Marriage Act's harmful impact on children in same-sex families was the focus of that brief, and the Court acknowledged those harms as relevant to its analysis of DOMA's constitutionality. Our brief was published in the Iowa Journal of Gender, Race and Justice.
In our amicus brief in Obergefell v. …
Women Made Whole: How Tort Law Can Change The Lives Of Domestic Violence And Sexual Assault Victims, Sara L. Crewson
Women Made Whole: How Tort Law Can Change The Lives Of Domestic Violence And Sexual Assault Victims, Sara L. Crewson
Sara L Crewson
Tort law and insurance companies are failing to provide female domestic violence victims with adequate access to civil courts, proper legal mechanisms with which to gain that access, and are far behind the times when compared to other gender-linked crimes like those of rape and sexual assault. The Restatement of Torts (Third) has classified domestic violence as an intentional tort, and most insurance policies will not provide coverage for harms that were committed intentionally. Certain homeowners' insurance policies won't provide coverage if a spouse tries to sue another spouse for harms committed, leaving vulnerable wives unable to seek compensation for …
Trends In The Efficacy Of Parental Alienation Allegations In Child Custody Cases And Their Implications For Tortious Action, Bruce L. Beverly
Trends In The Efficacy Of Parental Alienation Allegations In Child Custody Cases And Their Implications For Tortious Action, Bruce L. Beverly
Bruce L. Beverly
As the second of a series, this paper attempts to further explore the phenomenon of parental alienation in domestic relations cases by exploring the often frustrating position that many courts take with regard to blatant and obvious violations of the fundamental rights of parents to raise and know their children. Ofttimes, where courts have found the most blatant interference and harmful manipulation by one parent of the other parent's formerly close relationship with a child, the court either forces a detrimentally aligned child into the custody of the wrongfully vilified parent, thereby harming possible the child and that injured parent, …
Legitimate Families And Equal Protection, Katharine K. Baker
Legitimate Families And Equal Protection, Katharine K. Baker
Katharine K. Baker
Keeping Kids Out Of The System: Creative Legal Practice As A Community Child Protection Strategy, Leigh S. Goodmark
Keeping Kids Out Of The System: Creative Legal Practice As A Community Child Protection Strategy, Leigh S. Goodmark
Leigh S. Goodmark
No abstract provided.
Reasonable Efforts Checklist For Dependency Cases Involving Domestic Violence, Leigh S. Goodmark
Reasonable Efforts Checklist For Dependency Cases Involving Domestic Violence, Leigh S. Goodmark
Leigh S. Goodmark
The purpose of this checklist is to assist dependency court judges in identifying factors that should be considered when making reasonable efforts determinations in cases involving domestic violence.
Bringing The Greenbook To Life: A Resource Guide For Communities, Leigh S. Goodmark, Ann Rosewater
Bringing The Greenbook To Life: A Resource Guide For Communities, Leigh S. Goodmark, Ann Rosewater
Leigh S. Goodmark
This book is designed for communities seeking to develop interventions that will improve their responses to families suffering both domestic violence and child maltreatment.
From Property To Personhood: What The Legal System Should Do For Children In Family Violence Cases, Leigh S. Goodmark
From Property To Personhood: What The Legal System Should Do For Children In Family Violence Cases, Leigh S. Goodmark
Leigh S. Goodmark
No abstract provided.
Going Underground: The Ethics Of Advising A Battered Woman Fleeing An Abusive Relationship, Leigh S. Goodmark
Going Underground: The Ethics Of Advising A Battered Woman Fleeing An Abusive Relationship, Leigh S. Goodmark
Leigh S. Goodmark
No abstract provided.
Deconstructing Teresa O'Brien: A Role Play For Domestic Violence Clinics, Leigh S. Goodmark, Catherine F. Klein
Deconstructing Teresa O'Brien: A Role Play For Domestic Violence Clinics, Leigh S. Goodmark, Catherine F. Klein
Leigh S. Goodmark
No abstract provided.
Transgender People, Intimate Partner Abuse, And The Legal System, Leigh S. Goodmark
Transgender People, Intimate Partner Abuse, And The Legal System, Leigh S. Goodmark
Leigh S. Goodmark
The unique experiences of transgender persons subjected to abuse have not been the focus of legal scholarship; instead, the experiences of transgender people are often subsumed in the broader discourse around domestic violence in the lesbian, gay, bisexual, and transgender (LGBT) community. This dearth of legal scholarship is not surprising given how little research of any kind exists on how transgender people experience intimate partner abuse. This is the first law review article to concentrate specifically on intimate partner abuse and the transgender community. The Article begins by discussing the difficulties of engaging in scholarship around this topic, noting the …
Clinical Cognitive Dissonance: The Values And Goals Of Domestic Violence Clinics, The Legal System, And The Students Caught In The Middle, Leigh S. Goodmark
Clinical Cognitive Dissonance: The Values And Goals Of Domestic Violence Clinics, The Legal System, And The Students Caught In The Middle, Leigh S. Goodmark
Leigh S. Goodmark
No abstract provided.
California Egg Toss - The High Costs Of Avoiding Unenforceable Surrogacy Contracts, Jennifer Jackson
California Egg Toss - The High Costs Of Avoiding Unenforceable Surrogacy Contracts, Jennifer Jackson
Jennifer Jackson
In an emotionally charged decision regarding surrogacy contracts, it is important to recognize the ramifications, costs, and policy. There are advantages to both “gestational carrier surrogacy” contracts and “traditional surrogacy” contracts. However, this paper focuses on the differences between these contracts using case law. Specifically, this paper will focus on the implications of California case law regarding surrogacy contracts. Cases such as Johnson v. Calvert and In Re Marriage of Moschetta provide a clear distinction between these contracts. This distinction will show that while gestational carrier surrogacy contracts are more expensive, public policy and court opinions will provide certainty and …
California Putative Spouses: The Innocent, The Guilty, And The Law, Helen Y. Chang
California Putative Spouses: The Innocent, The Guilty, And The Law, Helen Y. Chang
Helen Y Chang
The purpose of this article is to examine the historical roots of the putative spouse doctrine and its implementation into California’s family and community property system. Although California has historically recognized the putative spouse doctrine to save otherwise void or voidable marriages, California’s actual application of the doctrine has been piecemeal with a resulting patchwork of inconsistent statutes and judicial decisions. For example, a putative spouse is a “surviving spouse” under California’s Probate Code for purposes of intestate succession but a putative spouse is not a “surviving spouse” under the same Code for purposes of a family allowance during estate …
Addressing Early Marriage: Culturally Competent Practices And Romanian Roma (“Gypsy”) Communities, Judith Hale Reed
Addressing Early Marriage: Culturally Competent Practices And Romanian Roma (“Gypsy”) Communities, Judith Hale Reed
Judith A Hale Reed
Early marriage affects many communities around the world. Examples of commonly practiced early marriage can be found today in the U.S., India, Syria, and many other places. Although most countries have instituted minimum age laws for marriage, so that legal marriage can only occur after an age set by law, early marriage is still practiced for tradition, control, security, and other reasons. This article explores the harms of early marriage and the international instruments meant to defend against these harms in Part II. Part III reviews theoretical perspectives from legal anthropology and presents a case study of early marriage in …
All That Heaven Will Allow: A Statistical Analysis Of The Co-Existence Of Same Sex Marriage And Gay Matrimonial Bans, Deirdre Bowen
All That Heaven Will Allow: A Statistical Analysis Of The Co-Existence Of Same Sex Marriage And Gay Matrimonial Bans, Deirdre Bowen
Deirdre M Bowen
This article offers the first analysis to date of national data evaluating whether defense of marriage acts (mini or super-DOMAs) preserve and stabilize the family. After finding that they do not—just as same sex marriage does not appear to destabilize families—the article analyzes what variables are, in fact, associated with family stability. Specifically, those variables are: families below the poverty line; men and women married three or more times; religiosity; percent conservative versus liberal in a state; disposable income; percent with bachelor’s degree; and median age of first marriage. Next, the article applies the sociological concepts of moral entrepreneurism and …
Innocent Spouse Relief - Relief From The Sneaky Spouse, Corinna Marie Cicmanec
Innocent Spouse Relief - Relief From The Sneaky Spouse, Corinna Marie Cicmanec
Corinna Cicmanec
Innocent Spouse Relief: Relief from the Sneaky Spouse
This article discusses Internal Revenue Code § 6015, also known the as Innocent Spouse provision. This provision offers relief to spouses from the joint and several liability that stems from filing a joint return. Innocent Spouse Relief is available in certain situations when one spouse is “sneaky” in regards to disclosing financial information to the other spouse and the IRS. This article specifically analyzes how §6015 affects women, and the hurdles women face when filing successful claims. This paper explores the current problems with §6015 claims process, and suggests options for the …
A Home With Dignity: Domestic Violence And Property Rights, Margaret Johnson
A Home With Dignity: Domestic Violence And Property Rights, Margaret Johnson
Margaret E Johnson
This Article argues that the legal system should do more to address intimate partner violence and each party’s need for a home for several reasons. First, domestic violence is a leading cause of homelessness and family homelessness. Second, the struggle over rights to a shared home can increase the violence to which the woman is subjected. And third, a woman who decides that continuing to share a home with the person who abused her receives little or no system support, despite the evidence that this decision could most effectively reduce the violence. The legal system’s current failings result from its …
Termination Of Copyright Transfers: The Author Spouse’S Last Laugh, Llewellyn Joseph Gibbons
Termination Of Copyright Transfers: The Author Spouse’S Last Laugh, Llewellyn Joseph Gibbons
Llewellyn Joseph Gibbons
The 1976 Copyright Act provides that an author may unilaterally terminate a transfer of copyright approximately 35 years after the initial transfer. In community property states, state law assumes that through the magic of the operation of state law, the author-spouse transfers the copyright that federal law initially vests in the author to the community property (marital) estate. Author-spouses are now entering the period when they may begin to terminate any putative copyright transfer to the community property estate or terminate other transfers that may be the basis for pre-or-post-nuptial agreements, property settlements, or dissolution decrees in divorce actions. This …
Manufacturing Moral Panic As Political Distraction: An Empirical And Social Theoretical Analysis Of Domas, Deirdre Bowen
Manufacturing Moral Panic As Political Distraction: An Empirical And Social Theoretical Analysis Of Domas, Deirdre Bowen
Deirdre M Bowen
This article offers the only empirical analysis to date of national data evaluating the claim that defense of marriage acts (DOMAs) preserve and stabilize the family. After concluding that they do not, the article analyzes what variables are, in fact, correlated with family stability. Specifically, the relationships between families below the poverty line, men and women married three or more times, religiosity, percent conservative versus liberal in a state, disposable income, percent with bachelor’s degree, and median age of first marriage, and marriage and divorce trends is fully explored. Next, the article applies the sociological concepts of moral entrepreneurism, which …
I Wanna Marry You: The Irrelevancy And Distraction Of Doma, Deirdre Bowen
I Wanna Marry You: The Irrelevancy And Distraction Of Doma, Deirdre Bowen
Deirdre M Bowen
This article offers the only empirical analysis to date of national data evaluating the claim that defense of marriage acts (DOMAs) preserve and stabilize the family. The article examines marriage and divorce changes in trends for every state over the last ten years for which data is available comparing changes, if any, before and after a DOMA was enacted or same sex marriage was permitted. After concluding that DOMA does not play a role in either divorce or marriage changes in trends or rates, the article explores what variables are, in fact, correlated with family stability. Given that poverty, religiosity, …
Bringing Up Baby: Adoption, Marriage, And The Best Interests Of The Child, Robin Fretwell Wilson, W. Bradford Wilcox
Bringing Up Baby: Adoption, Marriage, And The Best Interests Of The Child, Robin Fretwell Wilson, W. Bradford Wilcox
Robin Fretwell Wilson
In the piece, Professor Brad Wilcox and I ask who should care for children when their biological parents cannot? This is a question of potentially explosive dimensions under new definitions of legal parentage proposed in this volume of the WILLIAM & MARY BILL OF RIGHTS JOURNAL. This question is also important today for evaluating state adoption laws. A significant number of states bar consideration of a prospective adopter’s marital or non-marital status. We believe these laws miss an important opportunity to maximize the best interests of each child being placed. In this piece, we take an exclusively child-centered approach, drawing …
A Strategy For Teaching Objectivity To The Domestic Relations Student: Utilizing Psychodrama To Explore Attorney Empathy Toward Improving Family Law Outcomes, Bruce L. Beverly
A Strategy For Teaching Objectivity To The Domestic Relations Student: Utilizing Psychodrama To Explore Attorney Empathy Toward Improving Family Law Outcomes, Bruce L. Beverly
Bruce L. Beverly
The basic domestic relations law course is often taught by the casebook method, with little reference to actual underlying human drama. In order to produce effective advocates, it is necessary for student to be brought out of the sterile case recitation model and into a role where the student experiences, in a controlled and directed fashion, some of the hardships faced by the players in a family law case. This article proposes that, in line with new emphasis on experiential learning and alternate learning styles, one might employ a psychodramatic approach to teaching the domestic relations course, in order to …
Meeting The Challenges Of Adoption In An Internet Age, Mary Kate Kearney, Arrielle Millstein
Meeting The Challenges Of Adoption In An Internet Age, Mary Kate Kearney, Arrielle Millstein
Mary Kate Kearney
No abstract provided.
Handbook Of The Law Of Persons And Domestic Relations. By Joseph W. Madden, Robert C. Brown
Handbook Of The Law Of Persons And Domestic Relations. By Joseph W. Madden, Robert C. Brown
Dr Robert Brown
No abstract provided.
Homogenous Rules For Heterogeneous Families: The Standardization Of Family Law When There Is No Standard Family, Katharine K. Baker
Homogenous Rules For Heterogeneous Families: The Standardization Of Family Law When There Is No Standard Family, Katharine K. Baker
Katharine K. Baker
At War With The Environment, David A. Wirth
At War With The Environment, David A. Wirth
David A. Wirth
In this Article, Professor Wirth reviews the book National Defense and the Environment by Stephen Dycus, a recognized expert in both environmental and national security law. The emphasis of the book is on containing and remediating the environmental excesses of the American defense-industrial complex, with a domestic policy focus. While Professor Wirth considers Dycus’ work an intellectually rewarding and refreshing new entry into the ongoing environment-as-security colloquy, he does not consider the book to be accessible to a general audience given the book’s fundamentally legalistic nature.