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Articles 31 - 47 of 47
Full-Text Articles in Law
Defining Marriage: What Ballot Question 2 Doesn’T Do, Mary Lafrance
Defining Marriage: What Ballot Question 2 Doesn’T Do, Mary Lafrance
Scholarly Works
This article examines he oddly-worded initiative, which constituted Question 2 on Nevada’s 2002 ballot and explains how it was a bit of a puzzle, even two years after it was first sprung upon the electorate. Touted during its previous appearance in the 2000 election as a “definition of marriage,” this article shows how it is all too clear that the initiative was anything but that. Neither the initiative, nor any existing provision of Nevada law, made the slightest attempt to define marriage.
Child Care For Families Leaving Temporary Assistance For Needy Families, Rebecca L. Scharf, Sujatha Jagadeesh Branch, Cynthia Godsoe, Sherry Leiwant, Roslyn Powell, Cary Lacheen
Child Care For Families Leaving Temporary Assistance For Needy Families, Rebecca L. Scharf, Sujatha Jagadeesh Branch, Cynthia Godsoe, Sherry Leiwant, Roslyn Powell, Cary Lacheen
Scholarly Works
Since Temporary Assistance for Needy Families (TANF) replaced the Aid to Families with Dependent Children program in 1996, the welfare rolls have decreased by more than 40 percent. While unemployment and poverty rates have declined, families who leave welfare generally earn low wages and remain below the poverty level. Because families leaving welfare are mostly single mothers with young children, child care is critical to their ability to work outside the home. Low-income parents trying to make ends meet, as well as employers of low-wage workers, emphasize the importance of appropriate, affordable child care in enabling women who leave welfare …
Lies Between Mommy And Daddy: The Case For Recognizing Spousal Emotional Distress Claims Based On Domestic Deceit That Interferes With Parent–Child Relationships, Linda L. Berger
Scholarly Works
This Article discusses whether courts should recognize spousal IIED causes of action based on intentional lies that interfere with the establishment or the continuation of parent-child relationships. The Article begins with an overview of the currents in family law and tort law that converge in domestic tort actions. Next, it reviews the current status of a particular domestic tort: spousal emotional distress. It then examines the evolution of emotional distress claims based on interference with parent-child relationships, moving from California's early and continuing rejection of these claims to the very recent recognition of these claims by other states. Finally, it …
Child Care In The Postwelfare Reform Era: Analysis And Strategies For Advocates, Rebecca L. Scharf, Jo Ann C. Gong, Alice Bussiere, Jennifer Light, Marc Cohan, Sherry Leiwant
Child Care In The Postwelfare Reform Era: Analysis And Strategies For Advocates, Rebecca L. Scharf, Jo Ann C. Gong, Alice Bussiere, Jennifer Light, Marc Cohan, Sherry Leiwant
Scholarly Works
Adequate child care is essential to enable poor women to support their families with work outside the home. In 1994 the U.S. General Accounting Office found that offering a child care subsidy to poor mothers increased the likelihood by 15 percent that the mothers would work. An Illinois study found that 20 percent of parents who left public assistance for work returned to assistance because of child care problems. In Minnesota a study found that lack of child care caused 14 percent of parents awaiting child care subsidies to leave their jobs and rely on public assistance. These studies confirm …
Cloning And The Preservation Of Family Integrity, David Orentlicher
Cloning And The Preservation Of Family Integrity, David Orentlicher
Scholarly Works
No abstract provided.
When Equal Opportunity Meets Freedom Of Expression: Student-On-Student Sexual Harassment And The First Amendment In School, Kay P. Kindred
When Equal Opportunity Meets Freedom Of Expression: Student-On-Student Sexual Harassment And The First Amendment In School, Kay P. Kindred
Scholarly Works
Sexual harassment can take a variety of forms. It can be verbal, nonverbal or physical. Often it takes the form of hateful and harassing speech. In the AAUW Survey, 76% of the girls and 56 % of the boys surveyed had been the target of sexual comments, jokes, gestures or looks. Even when the harassment includes physical contact of some nature, it is typically accompanied or preceded by verbal harassment. While school officials and parents look for solutions to these problems, courts are struggling with the questions as well. In recent years, the problem of student-on-student sexual harassment has found …
Spanking And Other Corporal Punishment Of Children By Parents: Undervaluing Children, Overvaluing Pain, David Orentlicher
Spanking And Other Corporal Punishment Of Children By Parents: Undervaluing Children, Overvaluing Pain, David Orentlicher
Scholarly Works
No abstract provided.
Comparativist Ruminations From The Bayou On Child Custody Jurisdiction: The Uccja, The Pkpa, And The Hague Convention On Child Abduction, Christopher L. Blakesley
Comparativist Ruminations From The Bayou On Child Custody Jurisdiction: The Uccja, The Pkpa, And The Hague Convention On Child Abduction, Christopher L. Blakesley
Scholarly Works
Interstate and international jurisdictional problems are often vexing. They are worse in matters of child custody. In the past, jurisdiction to obtain custody or to modify a custody decree required only presence or domicile. The United States population is transient and custody decisions are subject to modification. The volatility of child custody disputes and the tendency of parents to move to different and separate jurisdictions traditionally caused and continue to cause difficult problems for children, parents, and the legal system. Before the promulgation of the Uniform Child Custody Jurisdiction Act (UCCJA) and the Parental Kidnapping Prevention Act (PKPA), it was …
Scientific Testing & Proof Of Paternity: Some Controversy And Key Issues For Family Law Counsel, Christopher L. Blakesley
Scientific Testing & Proof Of Paternity: Some Controversy And Key Issues For Family Law Counsel, Christopher L. Blakesley
Scholarly Works
Blood and tissue testing, especially DNA matching, have become important elements of both criminal and paternity or maternity litigation. Such scientific testing has become so important that it has taken on aspects that may cause it to benefit or to do harm to the judicial process or to any given case. This article focuses on the value and the dangers surrounding this interesting subject.
The 1995 Louisiana Supreme Court decision in Pace v. State reemphasized the importance of DNA testing generally and the significance of blood and tissue genetic testing used to exclude paternity. The advances in and importance of …
God Bless The Child: Poor Children, Parens Patriae, And A State Obligation To Provide Assistance, Kay P. Kindred
God Bless The Child: Poor Children, Parens Patriae, And A State Obligation To Provide Assistance, Kay P. Kindred
Scholarly Works
In this Article, I argue that poor parents who are willing, but economically unable, to provide proper care for their children are entitled to some minimum level of state assistance grounded in the constitutional right to family integrity. The right to family integrity, when coupled with the state's power as parens patride, creates an affirmative obligation on the state to provide income assistance to impoverished families when necessary to protect the welfare of the children and maintain the family intact.
Louisiana Family Law, Christopher L. Blakesley
Law's Patriarchy, Lynne Henderson
The Law Of Alimony, Christopher L. Blakesley
Child Custody - Jurisdiction And Procedure, Christopher L. Blakesley
Child Custody - Jurisdiction And Procedure, Christopher L. Blakesley
Scholarly Works
Custody determinations traditionally have comprised a subcategory of litigation under the Pennoyer v. Neff exception for proceedings relating to status. Of course, states have the power to decide the status of their domiciliaries. It was natural, therefore, for the courts and scholars of the nineteenth and early twentieth centuries to consider domicile the sole basis of jurisdiction in custody matters. Gradually, judges and scholars began to challenge the notion that domicile was the sole basis and courts began to apply other bases, such as the child's presence in the state or personal jurisdiction over both parents. One commentator suggests that …
The Putative Marriage Doctrine, Christopher L. Blakesley
The Putative Marriage Doctrine, Christopher L. Blakesley
Scholarly Works
The classic putative marriage doctrine is substantive, ameliorative or corrective; it is designed to allow all the civil effects -- rights, privileges, and benefits -- which obtain in a legal marriage to flow to parties to a null marriage who had a good faith belief that their "marriage" was legal and valid. Most jurisdictions in the United States have developed equitable analogues to the putative spouse doctrine that provide all or part of the relief afforded by the classic doctrine.
If a marriage is declared to be null or void, that declaration is retroactive to the day that the null …
Medical Dependency In Arizona, Mary E. Berkheiser
Medical Dependency In Arizona, Mary E. Berkheiser
Scholarly Works
Analysis of In re Cochise County Juvenile Action No. 5666-J, 650 P.2d 459 (Ariz. 1982).
Child Custody And Parental Authority In France, Louisiana And Other States Of The United States: A Comparative Analysis, Christopher L. Blakesley
Child Custody And Parental Authority In France, Louisiana And Other States Of The United States: A Comparative Analysis, Christopher L. Blakesley
Scholarly Works
No abstract provided.