Law Commons^™

Tax Aspects Of Divorce And Separation: Alimony, Child Support And Property Transfers, Robert E. Lee

William & Mary Annual Tax Conference

No abstract provided.

Senate Task Force On Family Relations Court - Public Hearing, December 5, 1989, Senate Task Force On Family Relations Court

California Senate

No abstract provided.

Senate Task Force On Family Relations Court - Public Hearing, November 20, 1989, Senate Task Force On Family Relations Court

California Senate

No abstract provided.

Senate Task Force On Family Relations Court - Public Hearing, October 27, 1989, Senate Task Force On Family Relations Court

California Senate

No abstract provided.

Senate Task Force On Family Relations Court - Public Hearing, October 6, 1989, Senate Task Force On Family Relations Court

California Senate

No abstract provided.

The Politics Of God And The Woman's Vote: Religion In The American Suffrage Movement, 1848-1895, Elizabeth B. Clark

Publications

This thesis examines the role of religion— both liberal and evangelical Protestantism— in the development of a feminist political theory in America during the nineteenth century and how that feminist theory in turn helped to transform American liberalism. Chapter 1 looks for the genesis of women's rights language, not in the republican rhetoric of the Founding Fathers, but in the teachings of liberal Protestantism and its links with laissez-faire economic theory. The antebellum understanding of rights is shown to have encompassed social and civil rights alike, and to have arisen from a vision of the mutual benefits that derived from …

Review Of Putting Asunder: A History Of Divorce In Western Society, Carl E. Schneider

Reviews

This ambitious, impressive, and absorbing book seeks to chronicle the history of divorce in Western society from the Middle Ages to the present. It begins by describing the ideological positions on divorce of the Catholic Church and of the Protestant reformers. From this description grows the book's first theme, the story of the development of divorce legislation. Phillips examines the insistence of Catholic states on marital indissolubility, traces the acceptance in Protestant states of divorce -primarily for adultery- and reviews the strikingly liberal law of revolutionary France. After noting that divorce law was procedurally and substantively secularized in the seventeenth …

Review Of Family And State: The Philosophy Of Family Law, Carl E. Schneider

Reviews

In Family and State: The Philosophy of Family Law, Professor Houlgate sets out to "introduc[e] ... a new subject area in philosophy that [I] call 'the philosophy of family law.'" He defines that area as "the discipline that is concerned to present general normative principles or criteria and to apply these to ethical questions about laws that affect or concern the family." He directs the book to legal scholars, social philosophers, philosophers of law, legislators, laymen, and students.

On The Expressive Functions Of Family Law, Carol Weisbrod

Faculty Articles and Papers

No abstract provided.

Uniform Status Of Children Of Assisted Conception Act: A View From The Drafting Committee, Robert C. Robinson, Paul M. Kurtz

Scholarly Works

The "Status of Children of Assisted Conception" Act was designed primarily to effect the security and well-being of children born and living in our midst as a result of assisted conception. The Conference's Executive Committee and the general Conference, considering the plight of these children, some with five biological parents, some with no readily identifiable biological parents, and some with other deprivations, determined that the greatest priority and first call on the energy and talent of the Drafting Committee was to provide an act which addressed these and other deficiencies.

There was great urgency on the part of the Drafting …

Looking Toward The Future: Feminism And Reproductive Technologies, Isabel Marcus, Rhonda Copelon, Ruth Hubbard, Barbara Katz Rothman, Barbara Omolade

Journal Articles

No abstract provided.

The State's Interest In The Preservation Of Life: From Quinlan To Cruzan, Philip G. Peters Jr.

Faculty Publications

This article considers the kinds of limits on withholding that each of these policies might plausibly support, compares these limits to the judicial approaches taken in the refusal of treatment cases, and explores how apparent conflicts between these state goals and the interests of the patients might be resolved. Because this article focuses exclusively on the state's interests, however, it necessarily isolates and considers only one portion of a complex problem involving the interests of patients, families, providers, and others. No comprehensive examination of the nature and weight of the patient's interests or those of other involved parties is attempted. …

Divorce Reform And Gender Justice, Jana B. Singer

Faculty Scholarship

The modern shift from fault-based to no-fault divorce has disappointed those who expected the no-fault system to eliminate economic inequality between divorced women and men. The fact that women and their dependent children invariably experience economic hardship after a divorce has caused Lenore Weitzman and other commentators to romanticize the "good old days" of fault-based divorce. Professor Singer attacks the logic of this nostalgia by demonstrating that women were 'not[' better off under the fault-based system. She then proposes an investment partnership model of post-divorce allocation which would insure a fair result for both spouses.

Child Support And Visitation: Rethinking The Connections, Karen Czapanskiy

Faculty Scholarship

No abstract provided.

God Bless The Child?: The Use Of Religion As A Factor In Child Custody And Adoption Proceedings, 58 Fordham L. Rev. 383 (1989), Donald L. Beschle

UIC Law Open Access Faculty Scholarship

No abstract provided.

Aids: Perspective On The American Family, Raymond C. O'Brien

Scholarly Articles

This paper will focus on the probable impact of AIDS upon family law and family issues in America. Although it is still too early to tell precisely what effect AIDS will have in these areas, it is essential for lawyers and other professionals to begin a dialogue now in order to face the many challenges which lie ahead as the disease continues to spread and impact family relationships.

Among the many subjects discussed below is the likely trend that fear of infection and death will restrict the societal demand and acceptance of new definitions of family. In order to provide …

Locked In And Locked Out: Reflections In The History Of Divorce Law Reform In New York State, Isabel Marcus

Journal Articles

No abstract provided.

Within The Best Interests Of The Child: The Factor Of Parental Status In Custody Disputes Arising From Surrogacy, Irma S. Russell

Faculty Law Review Articles

This article explores the significance of parental status in the determination of custody and the question of whether the legal relationship of parent and child is also subject to public policy limitations. Part II outlines the essential elements of surrogacy. Part III examines the relationship of the best interests test and its preference for custody with a parent. Part IV discusses the surrogacy contract and the contracting parties. Part V briefly discusses the various constitutional arguments necessary to determine whether parental status is properly viewed as an issue of public policy. Part VI presents public policy considerations that states will …

Surrogate Parenthood: Finding A North Carolina Solution, Katharine T. Bartlett

Faculty Scholarship

No abstract provided.

Book Review. Abortion And Divorce In Western Law By Mary Ann Glendon, Lauren K. Robel

Articles by Maurer Faculty

In this book, Professor Mary Ann Glendon contends that the American commitment to individualism and rights has deprived our law of compassion in the areas of abortion and divorce. She argues that while western European countries tell their citizens that their decisions about family are important to the larger society, American law takes extreme and damaging positions that isolate people at times when the community has an interest in their acts. Much of the book is a gentle and persuasive reminder that America lacks any semblance of a national family policy, an omission that looks heartless in comparison to Europe. …

Parental Separation And The Child Custody Decision: Toward A Reconception, David G. Duff, Roxanne Mykitiuk

All Faculty Publications

Contemporary debates regarding the appropriate way to resolve custody and access disputes reflect deeply rooted conceptions of both the family and the proper relationship between the family and the state. The prevailing "best interests of the child" test and judicial presumptions favouring sole custody embody a traditional definition of the family and a communitarian image of familial relationships.Conversely, current joint custody legislation adopts a liberal-contractual paradigm, in which the family is viewed as a joint partnership and children are conceived as assets to be equally divided upon termination ofthe spousal relationship. The authors reject both notions of the family and …

Charleston Policy: Substance Or Abuse, The , Kimani Paul-Emile

Faculty Scholarship

In 1989, the Medical University of South Carolina (MUSC) adopted a policy that, according to subjective criteria, singled out for drug testing, certain women who sought prenatal care and childbirth services would be tested for prohibited substances. Women who tested positive were arrested, incarcerated and prosecuted for crimes ranging from misdemeanor substance possession to felony substance distribution to a minor. In this Article, the Author argues that by intentionally targeting indigent Black women for prosecution, the MUSC Policy continued the United States legacy of their systematic oppression and resulted in the criminalizing of Black Motherhood.

Aids And Divorce, Andrew Schepard

Hofstra Law Faculty Scholarship

AIDS is the greatest public health challenge of the late twentieth century. It is a frightening disease, inevitably fatal to its victims. We do not know who among us carries the virus that causes AIDS; symptoms may not become visible for years after infection. Yet, we do know that the numbers of people potentially afflicted are staggering. There is no cure, no miracle vaccine, in sight.

Inevitably, some people infected with the AIDS virus, will be married, parents, and involved in disintegrating relationships with their spouses. AIDS-related problems will be a focal point of their divorces. Indeed, such cases are …

Independent Representation Of Children In Protection Proceedings, Donald N. Duquette

Book Chapters

In civil child protection proceedings in the United States, children are independently represented by an advocate, usually a lawyer. A growing debate is underway as to what the role of that independent advocate ought to be and who ought to fulfil it. This paper summarizes current research in the U.S. on independent representation of the child, identifies some policy choices in defining the role of the child advocate, and suggests approaches to developing meaningful empirical measures of advocacy.

Removing Nonconforming Child Support Payments From The Shadow Of The Rule Against Retroactive Modification: A Proposal For Judicial Discretion, John Eric Smithburn

Journal Articles

Whether and under what circumstances a parent who is ordered to pay child support is entitled to credit against a child support arrearage is one of the most vexing problems for the family court. Some courts consistently demand strict adherence to a child support order and do not permit retroactive modification. Other courts have allowed retroactive modification of support decrees when equity dictates. A recent amendment to the Social Security Act, however, prohibits retroactive modification of child support orders, leaving a number of unanswered questions concerning credit requests for nonconforming support payments.

This Article explores the problems created by nonconforming …

Cessation Of Family Violence: Deterrence And Dissuasion, Jeffrey Fagan

Faculty Scholarship

Family violence research has only recently begun to investigate desistance. Recent developments in the study of behaviors other than family violence, such as the use of addictive substances, suggest that common processes can be identified in the cessation of disparate behaviors involving diverse populations and occurring in different settings. Desistance is the outcome of processes that begin with aversive experiences leading to a decision to stop. Desistance apparently follows legal sanctions in nearly three spouse abuse cases in four, but the duration of cessation is unknown beyond short study periods. Batterers with shorter, less severe histories have a higher probability …