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Family Law

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1998

Institution
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Articles 1 - 30 of 58

Full-Text Articles in Law

Spare The Rod, Embrace Our Humanity: Toward A New Legal Regime Prohibiting Corporal Punishment Of Children, Susan H. Bitensky Dec 1998

Spare The Rod, Embrace Our Humanity: Toward A New Legal Regime Prohibiting Corporal Punishment Of Children, Susan H. Bitensky

University of Michigan Journal of Law Reform

This article proceeds from the simple premise that hitting children hurts them-even when the hitting does not rise to the level of child abuse as traditionally conceived. There is convincing evidence that corporal punishment is a hidden cruelty in child rearing that has serious adverse consequences for its victims and society at large. Yet forty-nine states permit parental corporal punishment of children and approximately half of the states permit such punishment in elementary and secondary schools The main purpose of this Article is to question the advisability of continuing the legalized status of corporal punishment of children in the United …


A Content Analysis Of Judicial Decision-Making - How Judges Use The Primary Caretaker Standard To Make A Custody Determination, Kathryn L. Mercer Dec 1998

A Content Analysis Of Judicial Decision-Making - How Judges Use The Primary Caretaker Standard To Make A Custody Determination, Kathryn L. Mercer

William & Mary Journal of Race, Gender, and Social Justice

No abstract provided.


Does The Dissolution Of Covenant Marriages Mirror Common Law England's Subordination Of Women?, Rebecca E. Silberbogen Dec 1998

Does The Dissolution Of Covenant Marriages Mirror Common Law England's Subordination Of Women?, Rebecca E. Silberbogen

William & Mary Journal of Race, Gender, and Social Justice

No abstract provided.


Domestic Relations, Barry B. Mcgough, Gregory R. Miller Dec 1998

Domestic Relations, Barry B. Mcgough, Gregory R. Miller

Mercer Law Review

Of the appellate cases decided during the survey period, eighteen are digested here. While the legislature continued to focus on the collection of child support, the appellate courts tackled a wide range of issues.


Intercountry Adoption Under The Hague Convention: Still An Attractive Option For Homosexuals Seeking To Adopt?, Lisa Hillis Oct 1998

Intercountry Adoption Under The Hague Convention: Still An Attractive Option For Homosexuals Seeking To Adopt?, Lisa Hillis

Indiana Journal of Global Legal Studies

No abstract provided.


Treating Prior Terminations Of Parental Rights As Grounds For Present Terminations, Kathleen Haggard Oct 1998

Treating Prior Terminations Of Parental Rights As Grounds For Present Terminations, Kathleen Haggard

Washington Law Review

The federal Adoption and Safe Families Act of 1997 recognized that in certain egregious circumstances, states need not seek to reunify a family before terminating the rights of abusive and neglectful parents. Washington State responded by revising its termination of parental rights statute to treat parents' violent criminal convictions as sole grounds for terminating parental rights. This Comment argues that the Washington statute should be further amended to recognize that a termination of rights to a previous child may serve as grounds for terminating rights to a present child if the State finds the parent's continuing behavior puts the child …


A Theory Of Relativity: Kinship Foster Care May Be The Key To Stopping The Pendulum Of Terminations Vs. Reunification, Megan M. O'Laughlin Oct 1998

A Theory Of Relativity: Kinship Foster Care May Be The Key To Stopping The Pendulum Of Terminations Vs. Reunification, Megan M. O'Laughlin

Vanderbilt Law Review

The foster care system in the United States is universally regarded as a disaster: too many children languishing for too many years, bouncing from foster home to foster home, or worse yet, returning to the abusive or neglectful home only to face more danger. The failures of the federal foster care system have spurred members of Congress to advocate reform.

Answering the call for reform, Congress overwhelmingly passed and, on November 19, 1997, President Clinton signed into law the Adoption and Safe Families Act of 1997 ("ASFA"). One of the primary purposes of the ASFA is to correct many of …


Bargaining In The Shadow Of Love: The Enforcement Of Premarital Agreements And How We Think About Marriage, Brian Bix Oct 1998

Bargaining In The Shadow Of Love: The Enforcement Of Premarital Agreements And How We Think About Marriage, Brian Bix

William & Mary Law Review

No abstract provided.


Entering The Debate On Spousal Abuse Divorce Mediation: Safely Managing Divorce Mediation When Domestic Violence Is Discovered, Kara C. Utzig Sep 1998

Entering The Debate On Spousal Abuse Divorce Mediation: Safely Managing Divorce Mediation When Domestic Violence Is Discovered, Kara C. Utzig

Buffalo Women's Law Journal

No abstract provided.


Law, Life And Literature: Using Literature And Life To Expose Transracial Adoption Laws As Adoption On A One-Way Street, Angela Mae Kupenda, Adam L. Thrash, Jennifer A. Riley-Collins, Lashonda Y. Dukes, Stephany J. Lewis, Rodney R. Dixon Sep 1998

Law, Life And Literature: Using Literature And Life To Expose Transracial Adoption Laws As Adoption On A One-Way Street, Angela Mae Kupenda, Adam L. Thrash, Jennifer A. Riley-Collins, Lashonda Y. Dukes, Stephany J. Lewis, Rodney R. Dixon

Buffalo Public Interest Law Journal

No abstract provided.


Children, Parents, And Nonparents: Protected Interests And Legal Standards, Eric G. Andersen Sep 1998

Children, Parents, And Nonparents: Protected Interests And Legal Standards, Eric G. Andersen

BYU Law Review

No abstract provided.


Domestic Relations, Robin Jean Davis, Louis J. Palmer Jr. Jun 1998

Domestic Relations, Robin Jean Davis, Louis J. Palmer Jr.

West Virginia Law Review

No abstract provided.


The Paradox Of Hope: The Crime And Punishment Of Domestic Violence, Cheryl Hanna May 1998

The Paradox Of Hope: The Crime And Punishment Of Domestic Violence, Cheryl Hanna

William & Mary Law Review

No abstract provided.


Sex And Sodomy And Apples And Oranges - Does The Constitution Require States To Grant A Right To Do The Impossible, Jay Alan Sekulow, John Tuskey May 1998

Sex And Sodomy And Apples And Oranges - Does The Constitution Require States To Grant A Right To Do The Impossible, Jay Alan Sekulow, John Tuskey

Brigham Young University Journal of Public Law

No abstract provided.


Adding Bite: A Response To State Ex Rel. Mcdougall V. Strohson (CantrelL, Real Party In Interest), Michael S. Wawro May 1998

Adding Bite: A Response To State Ex Rel. Mcdougall V. Strohson (CantrelL, Real Party In Interest), Michael S. Wawro

Brigham Young University Journal of Public Law

No abstract provided.


State-Compelled Fetal Surgery: The Viability Test Is Not Viable, Krista L. Newkirk Apr 1998

State-Compelled Fetal Surgery: The Viability Test Is Not Viable, Krista L. Newkirk

William & Mary Journal of Race, Gender, and Social Justice

No abstract provided.


Collaborative Pedagogic Efforts On Behalf Of Children In Custody Disputes, Glenn Stone Apr 1998

Collaborative Pedagogic Efforts On Behalf Of Children In Custody Disputes, Glenn Stone

Indiana Law Journal

Symposium: Law and the New American Family Held at Indiana University School of Law Apr. 4, 1997


Clinical Education And The "Best Interest" Representation Of Children In Custody Disputes: Challenges And Opportunities In Lawyering And Pedagogy, Francis Gall Hill Apr 1998

Clinical Education And The "Best Interest" Representation Of Children In Custody Disputes: Challenges And Opportunities In Lawyering And Pedagogy, Francis Gall Hill

Indiana Law Journal

Symposium: Law and the New American Family Held at Indiana University Law School - Bloomington Apr. 4, 1997


Lawyers As Nonlawyers In Child-Custody And Visitation Cases: Questions From The "Legal Ethics" Perspective, Bruce A. Green Apr 1998

Lawyers As Nonlawyers In Child-Custody And Visitation Cases: Questions From The "Legal Ethics" Perspective, Bruce A. Green

Indiana Law Journal

Symposium: Law and the New American Family Held at Indiana University School of Law Apr. 4, 1997


Voices Lost And Found: Training Ethical Lawyers For Children, William A. Kell Apr 1998

Voices Lost And Found: Training Ethical Lawyers For Children, William A. Kell

Indiana Law Journal

Symposium: Law and the New American Family Held at Indiana University School of Law Apr. 4, 1997


Establishing The Biological Rights Doctrine To Protect Unwed Fathers In Contested Adoptions, Toni L. Craig Apr 1998

Establishing The Biological Rights Doctrine To Protect Unwed Fathers In Contested Adoptions, Toni L. Craig

Florida State University Law Review

No abstract provided.


For Better Or Worse: A Critical Analysis Of Florida's Defense Of Marriage Act, Michael J. Kanotz Apr 1998

For Better Or Worse: A Critical Analysis Of Florida's Defense Of Marriage Act, Michael J. Kanotz

Florida State University Law Review

No abstract provided.


Joint Custody: Bonding And Monitoring Theories, Margaret F. Brinig, F. H. Buckley Apr 1998

Joint Custody: Bonding And Monitoring Theories, Margaret F. Brinig, F. H. Buckley

Indiana Law Journal

Symposium: Law and the New American Family Held at Indiana University School of Law - Bloomington Apr. 4, 1997


Joint Custody And Strategic Behavior, Saul Levmore Apr 1998

Joint Custody And Strategic Behavior, Saul Levmore

Indiana Law Journal

Symposium: Law and the New American Family Held at Indiana University School of Law - Bloomington Apr. 4, 1997


Bonding After Divorce: Comments On Joint Custody: Bonding And Monitoring Theories, Ann Laquer Estin Apr 1998

Bonding After Divorce: Comments On Joint Custody: Bonding And Monitoring Theories, Ann Laquer Estin

Indiana Law Journal

Symposium: Law and the New American Family Held at Indiana University School of Law - Bloomington Apr. 4, 1997


Improving Custody Law In Virginia Without Creating A Rebuttable Presumption Of Joint Custody, Eliza B. Hutchison Apr 1998

Improving Custody Law In Virginia Without Creating A Rebuttable Presumption Of Joint Custody, Eliza B. Hutchison

William & Mary Journal of Race, Gender, and Social Justice

No abstract provided.


Beyond Baehr: Strengthening The Definition Of Marriage, Katherine Shaw Spaht Mar 1998

Beyond Baehr: Strengthening The Definition Of Marriage, Katherine Shaw Spaht

Brigham Young University Journal of Public Law

No abstract provided.


Playing The Loving Card: Same-Sex Marriage And The Politics Of Analogy, David Orgon Coolidge Mar 1998

Playing The Loving Card: Same-Sex Marriage And The Politics Of Analogy, David Orgon Coolidge

Brigham Young University Journal of Public Law

No abstract provided.


From Loving To Romer: Homosexual Marriage And Moral Discernment, Richard F. Duncan Mar 1998

From Loving To Romer: Homosexual Marriage And Moral Discernment, Richard F. Duncan

Brigham Young University Journal of Public Law

No abstract provided.


Liberty And Marriage - Baehr And Beyond: Due Process In 1998, Lynn Marie Kohm Mar 1998

Liberty And Marriage - Baehr And Beyond: Due Process In 1998, Lynn Marie Kohm

Brigham Young University Journal of Public Law

No abstract provided.