Law Commons^™

Promoting Resilience For Children And Families With Adverse Childhood Experiences, Laken Albrink

Law Faculty Popular Media

No abstract provided.

Conceptualizing Attorney Motivation: A Study Of The Representatives For Parents And Children In The Child Welfare System, Shannon Moody

Theses and Dissertations--Social Work

Background. Attorneys who represent parents and children in dependency, neglect, and abuse (DNA) proceedings are key in influencing the outcomes of the cases they carry. These influences include the length of time a child spends in the custody of the state or the necessity for foster care, visitation with family members, length of time to reunification, and recommended services for the child and parents (Courtney & Hook, 2012; Goldman, 1993; Thornton & Gwin, 2012; Zinn & Peters, 2015). The American Bar Association’s analysis is that there are “four constants: high caseloads, low compensation, inadequate training, and lack of supervision” …

The Right To Unmarry: A Proposal, Brian L. Frye, Maybell Romero

Law Faculty Scholarly Articles

When I say I'm in love, you better believe I'm in love, L-U-V.

[April 2, 2020] BLF: This is a marriage proposal in the form of a law review article. In this Article, I observe that Maybell Romero and I are in love. I want to marry her, and I believe she wants to marry me. At least I'll find out pretty soon. But we cannot marry each other right now, because we are both currently married to other people.

Maybell and I want to end our existing marriages, and our respective spouses have even agreed to divorce. But the …

Divorce, Domicile, And The Constitution, Mark Strasser

Kentucky Law Journal

No abstract provided.

Vacating Adult Adoptions Post-Obergefell, Sarah A. Quarles

Kentucky Law Journal

No abstract provided.

Against Nonmarital Exceptionalism, Albertina Antognini

Law Faculty Scholarly Articles

The Supreme Court’s opinion on the right to marry in Obergefell v. Hodges, inspired a flurry of scholarship on the topic of nonmarriage. In the wake of that decision, scholars have made claims about the state of nonmarriage, and also laid claim to it — embracing the nonmarital legal space that remains. This Article intervenes in the literature by looking at how the law directly interacts with unmarried couples — in distributing property when their relationship ends. The overview of the cases leads to one central claim: the law of nonmarriage as it currently stands remains deeply tethered to marriage, …

Regulating Nonmarriage, Albertina Antognini

Law Faculty Popular Media

In the Closing Thoughts column of UK Law Notes, Prof. Albertina Antognini discusses her research on the regulation of nonmarriage. Two years have elapsed since the Supreme Court recognized the constitutional right to marry in the landmark case of Obergefell v. Hodges. Much ink has been spilled in the opinion’s aftermath by scholars who have in turn lauded it for its promotion of dignity and equality, criticized it for having a conservative vision of what marriage entails, or pored over its reasoning to better understand the future it has ushered in. Underlying the opinion, and the recent scholarly …

The Law Of Nonmarriage, Albertina Antognini

Law Faculty Scholarly Articles

The meaning of marriage, and how it regulates intimate relationships, has been at the forefront of recent scholarly and public debates. Yet despite the attention paid to marriage—especially in the wake of Obergefell v. Hodges—a record number of people are not marrying. Legal scholarship has mostly neglected how the law regulates these nonmarital relationships. This Article begins to fill the gap. It does so by examining how courts distribute property at the end of a relationship that was nonmarital at some point. This inquiry provides a descriptive account to a poorly understood and largely under-theorized area of the law. …

Planned Parenthood: Adult Adoption And The Right Of Adoptees To Inherit, Richard C. Ausness

Law Faculty Scholarly Articles

This Article is concerned with the effect of adult adoptions on the inheritance rights (in the broad sense of that term) of adult adoptees. The Article contends many adult adoption statutes assume the existence of a parent-child relationship in which the adopter is the “parent” and the adoptee is a “child” even though this is not true of all adult adoption cases. In addition, legislatures and courts frequently fail to differentiate between “quasi-familial” adoptions and “strategic” adoptions, particularly where inheritance rights are concerned.

Family Formation And The Home, Pamela Laufer-Ukeles, Shelly Kreiczer-Levy

Kentucky Law Journal

In this article, we consider the relevance of home sharing in family formation. When couples or groups of persons are recognized as families, they are afforded significant benefits and given certain obligations by the law. Families have their own category of laws, rights, and obligations. Currently, the law of family formation and recognition is in a state of flux. Although in some respects the defining legal lines of the family have been well settled for centuries around blood and the formal legal ties of marriage and parenthood, in significant ways, the family form has been fundamentally altered over the past …

Family Unity Revisited: Divorce, Separation, And Death In Immigration Law, Albertina Antognini

Law Faculty Scholarly Articles

Families are integral to immigration law and policy, and family-based immigration accounts for the majority of legal entry into the United States. Legislative, judicial, and scholarly discussions that address immigration law's family-based categories rely nearly exclusively on the principle of family unification, which has long been a cornerstone policy of immigration law. Yet the family-based provisions of immigration law do more than unify intact families; understanding families as dynamic entities that experience change reveals an immigration system that acknowledges a flexible family structure in determining status.

The principal aim of this Article is to present a more complete description of …

Same Sex Marriage In A Post-Perry And Windsor America, Kathryn L. Moore, Allison I. Connelly, Ross T. Ewing

Law Faculty Scholarly Articles

These materials accompanied a presentation at the 2014 Kentucky Bar Association Annual Convention entitled Same Sex Marriage in a Post-Perry and Windsor America. The focus of this presentation was on: the legal landscape following major LGBTQ civil rights cases; how these cases would impact families in Kentucky; and any employment or retirement issues.

From Citizenship To Custody: Unwed Fathers Abroad And At Home, Albertina Antognini

Law Faculty Scholarly Articles

The sex-based distinctions of the Immigration and Nationality Act (INA) have been remarkably resilient in the face of numerous equal protection challenges. In Miller v. Albright, Nguyen v. INS, and most recently United States v. Flores-Villar — collectively the "citizenship transmission cases" — the Supreme Court has upheld the constitutionality of the INA’s provisions that require unwed fathers, but not unwed mothers, to take a series of affirmative steps in order to transmit citizenship to their children born abroad.

The conventional account of these citizenship transmission cases is that the Court upholds sex-based distinctions that would otherwise fail …

Transforming Domestic Violence Representation, Jane K. Stoever

Kentucky Law Journal

The dominant theories used in the law to explain domestic violence, namely, the Power and Control Wheel and the Cycle of Violence, provide only limited insight into intimate partner abuse. Both theories focus exclusively on the abusive partner' wrongful actions, consistent with recent decades' concentration on criminalization, but fail to educate about the survivor's needs and efforts to end violence. The Stages of Change Model, conversely, reveals that domestic abuse survivors seek an end to relationship violence through a five-stage cyclical sequence and identifies the survivor's needs and actions at each stage. This critical information should inform the representation of …

Love's Labor's Lost: Marry For Love, Copyright Work Made-For-Hire, And Alienate At Your Leisure, Llewellyn Joseph Gibbons

Kentucky Law Journal

No abstract provided.

Accounting For Time: A Relative-Interest Approach To The Division Of Equity In Hybrid-Property Homes Upon Divorce, Lisa Milot

Kentucky Law Journal

No abstract provided.

Loss Of Parental Consortium: Why Kentucky Should Re-Recognize The Claim Outside The Wrongful Death Context, Collin D. Schueler

Kentucky Law Journal

No abstract provided.

Remembering The Endangered "Child": Limiting The Definition Of "Safe Haven" And Looking Beyond The Safe Haven Law Framework, Lucinda J. Cornett

Kentucky Law Journal

No abstract provided.

Advancing The Study Of Violence Against Women: Evolving Research Agendas Into Science, Carol E. Jordan

Office for Policy Studies on Violence Against Women Publications

Decades of research produced by multiple disciplines has documented withering rates of violence against women in the United States and around the globe. To further an understanding of gendered violence, a field of research has developed, but recent critiques have highlighted weaknesses that inhibit a full scientific exploration of these crimes and their impacts. This review extends beyond prior reviews to explore the field’s unique challenges, its community of scientists, and the state of its written knowledge. The review argues for moving beyond “research agendas” and proposes creation of a transdisciplinary science for the field of study of violence against …

Advancing The Study Of Violence Against Women: Response To Commentaries And Next Steps, Carol E. Jordan

Office for Policy Studies on Violence Against Women Publications

No abstract provided.

Gay Marriage: The Issue, James M. Donovan

James M. Donovan

Comment in response to Bob Ostertag, "Why Gay Marriage Is the Wrong Issue," Flagpole, January 14, 2009.

Slightly different version available online at http://flagpole.com/Weekly/Comment/GayMarriageTheIssue.11Feb09

"Insuring" Quality: Restrictions On Legislative Control Of Partner Benefits At Kentucky's Public Universities, Jacinta Feldman Manning

Kentucky Law Journal

No abstract provided.

The Denial Of Emergency Protection: Factors Associated With Court Decision Making, Carol E. Jordan, Adam J. Pritchard, Pamela Wilcox, Danielle Duckett-Pritchard

Office for Policy Studies on Violence Against Women Publications

Despite the importance of civil orders of protection as a legal resource for victims of intimate partner violence, research is limited in this area, and most studies focus on the process following a court’s initial issuance of an emergency order. The purpose of this study is to address a major gap in the literature by examining cases where victims of intimate partner violence are denied access to temporary orders of protection. The study sample included a review of 2,205 petitions that had been denied by a Kentucky court during the 2003 fiscal year. The study offers important insights into the …

When Is A "Minor" Also An "Adult"?: An Adolescent's Liberty Interest In Accessing Contraceptives From Public School Distribution Programs, Joshua A. Douglas

Law Faculty Scholarly Articles

Imagine “Mary,” a sixteen-year-old junior in high school, who has been dating “John,” a seventeen-year-old senior, for three years in a serious relationship. Mary knows that she and John should practice safe sex, and she does not want to become pregnant or catch a sexually transmitted disease. However, she is concerned that her parents will not approve of her activities and will not help her in obtaining contraceptives. John also feels that he is mature enough to make the decision to have sex, yet he knows that his parents will want to consent before he can receive condoms from his …

Married In Kentucky: A Surviving Spouse's Dower Right In Personalty, Elizabeth S. Muyskens

Kentucky Law Journal

No abstract provided.

How Do I Love Thee, Let Me Count The Days: Deathbed Marriages In America, Terry L. Turnipseed

Kentucky Law Journal

No abstract provided.

Intimate Partner Violence: Implications For The Domestic Relations Practitioner, Carol E. Jordan

Office for Policy Studies on Violence Against Women Publications

No abstract provided.

No-Fault Death: Wedding Inheritance Rights To Family Values, Linda Kelly Hill

Kentucky Law Journal

No abstract provided.

Criminal Prosecution And Civil Remedies For Victims Of Sexual Offenses: Amendment Of The Rape Shield Law, Carol E. Jordan, Elizabeth S. Hughes, Mary Jo Gleason

Office for Policy Studies on Violence Against Women Publications

In 2003, the Kentucky Supreme Court adopted the amended KRS 412, effectively making the language of KRE 412 consistent with the analogous Federal Rule of Evidence 412. Now, as in federal court, the provisions of the Rape Shield Law apply in both criminal and civil cases to govern when and how evidence of a victim's alleged sexual behavior or sexual predisposition may be introduced. The article describes the intent of the original Rape Shield Law and the implications of its amended version in both civil and criminal cases.

Achieving Batterer Accountability In The Child Protection System, Leigh Goodmark

Kentucky Law Journal

No abstract provided.