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Family Law

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2002

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Articles 1 - 30 of 32

Full-Text Articles in Law

Family Law, Elizabeth P. Coughter, Ronald R. Tweel Nov 2002

Family Law, Elizabeth P. Coughter, Ronald R. Tweel

University of Richmond Law Review

No abstract provided.


Behavioral Genetics And The Best Interests Of The Child Decision Rule, David J. Herring Oct 2002

Behavioral Genetics And The Best Interests Of The Child Decision Rule, David J. Herring

University of Michigan Journal of Law Reform

This Article proposes that modern child custody law should be reassessed in light of recent scientific findings. Judicial determinations of custody use the "best interests of the child" rule. The rule is justified to a large extent by the goal of maximizing child developmental outcomes. The assumption is that a child whose "best interests" are protected stands a better chance of becoming a socially well-adjusted, productive and prosperous citizen.

Recent child development studies have shown that so-called "shared environment, "or home environment factors have little effect on child development so long as the shared environment is minimally adequate. Genetics and …


Will Sex Prevail Over The Best Interest Of The Child?, Elizabeth C. Barcena Sep 2002

Will Sex Prevail Over The Best Interest Of The Child?, Elizabeth C. Barcena

Buffalo Women's Law Journal

No abstract provided.


Parens Patriae: Protecting Our Children Or Crossing The Line? The Lingering Smoke Debate, Tonia Ettinger Sep 2002

Parens Patriae: Protecting Our Children Or Crossing The Line? The Lingering Smoke Debate, Tonia Ettinger

Buffalo Women's Law Journal

No abstract provided.


The "Unborn Child" Regulation: An Inefficient Legal Approach To Providing Prenatal Care, Bethany J. Gilbert Sep 2002

The "Unborn Child" Regulation: An Inefficient Legal Approach To Providing Prenatal Care, Bethany J. Gilbert

Buffalo Women's Law Journal

No abstract provided.


Parental Duties And The Right Of Homosexual Minors To Refuse "Reparative" Therapy, John Alan Cohan Sep 2002

Parental Duties And The Right Of Homosexual Minors To Refuse "Reparative" Therapy, John Alan Cohan

Buffalo Women's Law Journal

No abstract provided.


Domestic Violence And Joint Custody: New York Is Not Measuring Up, Tonia Ettinger Sep 2002

Domestic Violence And Joint Custody: New York Is Not Measuring Up, Tonia Ettinger

Buffalo Women's Law Journal

No abstract provided.


Human Cloning: Beyond The Realm Of The Constitutional Right To Procreative Liberty, Maureen Mcbrien Sep 2002

Human Cloning: Beyond The Realm Of The Constitutional Right To Procreative Liberty, Maureen Mcbrien

Buffalo Public Interest Law Journal

No abstract provided.


Domestic Relations, Robin Jean Davis, Louis J. Palmer Jr. Jun 2002

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

West Virginia Law Review

No abstract provided.


Mandatory Motherhood And Frustrated Fatherhood: The Supreme Court's Preservation Of Gender Discrimination In American Citizenship Law, Erin Chlopak Jun 2002

Mandatory Motherhood And Frustrated Fatherhood: The Supreme Court's Preservation Of Gender Discrimination In American Citizenship Law, Erin Chlopak

American University Law Review

No abstract provided.


Tom Green, Common-Law Marriage, And The Illegality Of Putative Polygamy, Ryan D. Tenney May 2002

Tom Green, Common-Law Marriage, And The Illegality Of Putative Polygamy, Ryan D. Tenney

Brigham Young University Journal of Public Law

No abstract provided.


Griswold, The Fda, And The State Legislator: The Regulation Of Mifeprex, Paige Kremser Apr 2002

Griswold, The Fda, And The State Legislator: The Regulation Of Mifeprex, Paige Kremser

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

No abstract provided.


"Can We Go Home Now?" Expediting Adoption And Termination Of Parental Rights Appeals In Ohio State Courts, Susan C. Wawrose Apr 2002

"Can We Go Home Now?" Expediting Adoption And Termination Of Parental Rights Appeals In Ohio State Courts, Susan C. Wawrose

The Journal of Appellate Practice and Process

No abstract provided.


Domestic Violence At The Top Of New England: Law Enforcement Incident Reports From Aroostook County, Maine, Carolyn Ball, Kenneth Nichols Mar 2002

Domestic Violence At The Top Of New England: Law Enforcement Incident Reports From Aroostook County, Maine, Carolyn Ball, Kenneth Nichols

New England Journal of Public Policy

Although domestic violence is an issue regularly discussed in magazines, newspapers, and elsewhere, many law enforcement agencies including many in New England do not have the capacity to track these incidents and the relationship between the victim and the offender. Through an analysis of law enforcement data from Maine’s Aroostook County, in 1997 and 1998, this article analyzes the problem of domestic violence in rural, northern Maine from a law enforcement perspective. Among the findings are the following: the reported severity of physical injury is low, the victim’s contact with the police is unlikely to be the first incident of …


What's Yours Is Mine: Reform Of The Property Division Regime For Unmarried Couples In New Zealand, Virginia Grainer Mar 2002

What's Yours Is Mine: Reform Of The Property Division Regime For Unmarried Couples In New Zealand, Virginia Grainer

Washington International Law Journal

In February 2002, when the Property (Relationships) Act came into force, unmarried couples in New Zealand became subject to the same legislative regime for division of property that has applied to married couples since the 1970s. The statutory regime is based on a deferred community property principle. Both partners are free to deal with their own property during the relationship, but at the end of the relationship all property is classified as either relationship property or separate property. Relationship property usually includes all property acquired by either party during the relationship. There is a presumption that this property must be …


United Nations Policy And The Family: Redefining The Ties That Bind: A Study Of History, Forces And Trends, Maria Sophia Aguirre, Ann Wolfgram Mar 2002

United Nations Policy And The Family: Redefining The Ties That Bind: A Study Of History, Forces And Trends, Maria Sophia Aguirre, Ann Wolfgram

Brigham Young University Journal of Public Law

No abstract provided.


Rodriguez V. Rodriguez: Fault As A Determinative Factor In Alimony Awards In Nevada And Other Community Property Jurisdictions , Catherine Mazzeo Mar 2002

Rodriguez V. Rodriguez: Fault As A Determinative Factor In Alimony Awards In Nevada And Other Community Property Jurisdictions , Catherine Mazzeo

Nevada Law Journal

No abstract provided.


The Ali Proposals And The Distribution Of Stock Options And Restricted Stock On Divorce: The Risks Of Theory Meet The Theory Of Risk, David S. Rosettenstein Feb 2002

The Ali Proposals And The Distribution Of Stock Options And Restricted Stock On Divorce: The Risks Of Theory Meet The Theory Of Risk, David S. Rosettenstein

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

No abstract provided.


Multicultural Jurisdictions At The National And International Levels, Christina L. Brandt-Young Jan 2002

Multicultural Jurisdictions At The National And International Levels, Christina L. Brandt-Young

Michigan Journal of International Law

Review of Multicultural Jurisdictions: Cultural Differences and Women's Rights by Ayelet Shachar


The Sexual Regulation Dimension Of Contemporary Welfare Law: A Fifty State Overview, Anna Marie Smith Jan 2002

The Sexual Regulation Dimension Of Contemporary Welfare Law: A Fifty State Overview, Anna Marie Smith

Michigan Journal of Gender & Law

In this article, Smith will attempt to demonstrate that welfare policy has become a prominent site of sexual regulation; that the rights of poor single mothers are at stake in this respect; and that given the precise structure of contemporary American welfare reform, we must pay especially close attention to the laws and regulations adopted at the state level. First, Smith will place contemporary sexual regulation-oriented welfare law in an historical context by considering its precedents in English and American public policy traditions (Part I). Using original qualitative analyses of the states' statutory codes and administrative regulations, Smith will then …


Child Sexual Abuse And Assault In Chicago: The Rest Of The Dismal Iceberg, Michael J. Howlett Jr. Jan 2002

Child Sexual Abuse And Assault In Chicago: The Rest Of The Dismal Iceberg, Michael J. Howlett Jr.

Public Interest Law Reporter

No abstract provided.


Illinois Supreme Court To Solve Child Custody Issues, Lanetta Haynes Jan 2002

Illinois Supreme Court To Solve Child Custody Issues, Lanetta Haynes

Public Interest Law Reporter

No abstract provided.


Islamic Court Sentences Nigerian Woman To Death By Stoning, Esther Choi Jan 2002

Islamic Court Sentences Nigerian Woman To Death By Stoning, Esther Choi

Public Interest Law Reporter

No abstract provided.


The Complicated Game Of Child Support In Illinois: Does Anyone Really Win?, Kristina E. Smith Jan 2002

The Complicated Game Of Child Support In Illinois: Does Anyone Really Win?, Kristina E. Smith

Public Interest Law Reporter

No abstract provided.


Illinois Appellate Court Bars Child Support Ordered From Supplemental Security Income, Jeremy Nix Jan 2002

Illinois Appellate Court Bars Child Support Ordered From Supplemental Security Income, Jeremy Nix

Public Interest Law Reporter

No abstract provided.


The Changing Face Of Justice In Maine’S Drug Courts, Jon D. Levy Jan 2002

The Changing Face Of Justice In Maine’S Drug Courts, Jon D. Levy

Maine Policy Review

No abstract provided.


Maine’S Family Division—Lighting A Dark Stairway, John David Kennedy, Wendy Rau Jan 2002

Maine’S Family Division—Lighting A Dark Stairway, John David Kennedy, Wendy Rau

Maine Policy Review

No abstract provided.


In The Interests Of Children: The Role Of The Massachusetts Department Of Social Services In Private Custody Proceedings , Carrie Leonetti Jan 2002

In The Interests Of Children: The Role Of The Massachusetts Department Of Social Services In Private Custody Proceedings , Carrie Leonetti

American University Journal of Gender, Social Policy & the Law

No abstract provided.


Relational Contract And Other Models Of Marriage, Robert Leckey Jan 2002

Relational Contract And Other Models Of Marriage, Robert Leckey

Osgoode Hall Law Journal

This article proposes relational contract as a model for analyzing marriage under Canadian law. In contrast, in Bracklow v. Bracklow, the Supreme Court of Canada recognized two "competing" models of marriage and three models of spousal support. The difficult policy issues in the law of spousal support relate not to a tension between different models but instead go to compensation, including reliance and expectations. This article uses relational contract to critique Bracklow, considering the challenges in defining models. The Court's basic social obligation model and its non-compensatory support are unjustifiably broad, and its compensatory support is too narrow. In assessing …


Micah Has One Mommy And One Legal Stranger: Adjudicating Maternity For Nonbiological Lesbian Coparents, Melanie B. Jacobs Jan 2002

Micah Has One Mommy And One Legal Stranger: Adjudicating Maternity For Nonbiological Lesbian Coparents, Melanie B. Jacobs

Buffalo Law Review

No abstract provided.