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Articles 1 - 25 of 25
Full-Text Articles in Law
Punishing Disclosure And Silencing Victims: How The California Family Law Courts Retraumatize Abused Children By Labeling Them “Alienated”, Carrie Leonetti
Punishing Disclosure And Silencing Victims: How The California Family Law Courts Retraumatize Abused Children By Labeling Them “Alienated”, Carrie Leonetti
Pace Law Review
This Article documents the California family law courts’ poor responses to children’s disclosures of child abuse and neglect, presuming that they are false, minimizing the impact of abuse on children, or engaging in wishful thinking that the abuse will simply cease even though the perpetrator has faced no accountability and taken no steps to reform. It focuses on the detrimental impacts that the pop psychology of “parental alienation” has for child safety when children’s reports of abuse are disbelieved and minimized, particularly when it combines with other fact-finding failures in the courts.
We All Need Somebody To Lean On: Using The Law To Nurture Our Children, Beginning With Third-Party Visitation, John A. Pappalardo, Cassidy Allison, Samantha A. Mumola
We All Need Somebody To Lean On: Using The Law To Nurture Our Children, Beginning With Third-Party Visitation, John A. Pappalardo, Cassidy Allison, Samantha A. Mumola
Pace Law Review
Perhaps one of the single most important aspects of a healthy childhood is emotional support from healthy caregivers. As it stands, New York’s visitation law prohibits third-party caregivers from stepping in and providing children with this important psychological and emotional need by automatically denying them standing to seek visitation in court. In New York, third-party standing for visitation is denied solely on a procedural basis, irrespective of the child’s personal familial situation, namely whether their parents are completely
unavailable. Specifically, when a child’s parents become unavailable due to death, incarceration or otherwise, and such child becomes a ward of the …
Rights Of Creditors To Collect Marital Debts After Divorce In Community Property Jurisdictions, James L. Musselman
Rights Of Creditors To Collect Marital Debts After Divorce In Community Property Jurisdictions, James L. Musselman
Pace Law Review
The primary thrust of this Article is to address the post-divorce liability issue outlined in Part III from the perspective of debtor-creditor law. The rules adopted in most of the community property jurisdictions with respect to this issue appear to be primarily focused on the perspective of marital property and family law without regard to general debtor-creditor law principles and policies. For example, basic fraudulent transfer law has been ignored in those jurisdictions and not applied in the usual manner. As a result, the rules developed in those jurisdictions with regard to the post-divorce liability issue are not consistent with …
The Devil You Don’T Know: Implicit Bias Keeps Women In Their Place, Michele N. Struffolino
The Devil You Don’T Know: Implicit Bias Keeps Women In Their Place, Michele N. Struffolino
Pace Law Review
While men’s claims of gender bias in the family law system are acknowledged, this article focuses on how bias, whether implicit or explicit under the guise of unconscious attitudes or behavior, continues to place women at a systemic disadvantage. Although implicit bias also impacts outcomes in child abuse and neglect actions involving the state, the focus of this article is the impact of implicit bias in actions between women and men in the family courts, in particular those issues involved in the dissolution of the relationship and the family unit. First, the emergence of implicit social cognition theory will be …
An Empirical Study Of Property Divisions At Divorce, Margaret Ryznar
An Empirical Study Of Property Divisions At Divorce, Margaret Ryznar
Pace Law Review
Much has been written about family law and how to fairly divide property between divorcing spouses. Without a good understanding of what courts are doing in the field, however, there is no baseline for theoretical frameworks. This Article fills the void by analyzing all divorce cases involving children that were filed in one county over several months. The resulting empirical data has implications for the meaning of fairness in divorce, the role of judicial discretion, and the incentives for contracting by couples. This Article also examines the underlying law in order to explore the correlation between the family law code …
The Elimination Of Child “Custody” Litigation: Using Business Branding Techniques To Transform Social Behavior, Elena B. Langan
The Elimination Of Child “Custody” Litigation: Using Business Branding Techniques To Transform Social Behavior, Elena B. Langan
Pace Law Review
This article discusses how rebranding principles, already being used to alter social behavior in other non-consumer contexts, could be utilized to accomplish the legislative goal to reduce litigation as well as diminish animosity in custody cases. Part II of this article discusses the impetus for a transformation in the way parents view custody disputes. Part III discusses basic branding principles and how companies establish a brand and can successfully change their branding. Part IV explores the evolution of the current custody brand, identifies eight states that have eliminated “custody” and, in some cases, “visitation” from their vernacular, and discusses, in …
Mommy Dearest: Determining Parental Rights And Enforceability Of Surrogacy Agreements, William J. Giacomo, Angela Dibiasi
Mommy Dearest: Determining Parental Rights And Enforceability Of Surrogacy Agreements, William J. Giacomo, Angela Dibiasi
Pace Law Review
The governing law in this area is new and evolving and, as such, the allocation of the legal rights and responsibilities depend on which state has jurisdiction over the matter. This article will discuss the basic types of surrogacy agreements and examine the legal distinctions of their enforceability under New York and California law.
Tribes And Race: The Court’S Missed Opportunity In Adoptive Couple V. Baby Girl, Christopher Deluzio
Tribes And Race: The Court’S Missed Opportunity In Adoptive Couple V. Baby Girl, Christopher Deluzio
Pace Law Review
Part I of this article will provide an overview of the legal doctrines implicated in Adoptive Couple v. Baby Girl. First, Part I will discuss both Indian Child Welfare Act’s text and purpose and scholarly attention given to the law. Second, Part I will examine the law of putative fathers insofar as relevant to understanding ICWA’s application in Adoptive Couple. Part II provides insight into the Court’s equal protection jurisprudence with a particular emphasis on considerations of race in adoption and laws implicating Indian tribes. This Part introduces the limited scholarly treatment afforded to the equal protection issues implicated by …
Moving Beyond Marriage: A Proposed Unit Of Presumed Economic Interdependence For Joint Filing Purposes In Bankruptcy And In Tax, Heather V. Graham
Moving Beyond Marriage: A Proposed Unit Of Presumed Economic Interdependence For Joint Filing Purposes In Bankruptcy And In Tax, Heather V. Graham
Pace Law Review
In order to promote both equality and efficiency, this Comment proposes that individuals should have the opportunity to file jointly for tax and bankruptcy purposes when they have a relationship predicated upon economic interdependence, as opposed to basing the opportunity to file jointly upon marital status. Part I of this Comment will briefly discuss the history of marriage in the United States. In particular, Part I will discuss the role that the government has had in promoting and regulating marriage and how the treatment of married persons operates to the exclusion of the unmarried. Parts II and III of this …
What's An Intimate Relationship, Anyway? Expanding Access To The New York State Family Courts For Civil Orders Of Protection, Jennifer Cranstoun, Christopher O'Connor, Tracey Alter
What's An Intimate Relationship, Anyway? Expanding Access To The New York State Family Courts For Civil Orders Of Protection, Jennifer Cranstoun, Christopher O'Connor, Tracey Alter
Pace Law Review
No abstract provided.
The Commission's Process And Recommendations, Sondra Miller
The Commission's Process And Recommendations, Sondra Miller
Pace Law Review
No abstract provided.
The Hand That Rocks The Cradle: Maternal Gatekeeping After Divorce, Marsha Kline Pruett, Lauren A. Arthur, Rachel Ebling
The Hand That Rocks The Cradle: Maternal Gatekeeping After Divorce, Marsha Kline Pruett, Lauren A. Arthur, Rachel Ebling
Pace Law Review
No abstract provided.
A Law Guardian By The Same Name: A Response To Professor Guggenheim's Matrimonial Commission Critique, Merril Sobie
A Law Guardian By The Same Name: A Response To Professor Guggenheim's Matrimonial Commission Critique, Merril Sobie
Pace Law Review
No abstract provided.
O'Brien V. O'Brien: A Failed Reform, Unlikely Reformers, Ira Mark Ellman
O'Brien V. O'Brien: A Failed Reform, Unlikely Reformers, Ira Mark Ellman
Pace Law Review
No abstract provided.
Comments On The Miller Commission Report: A California Perspective, Leonard Edwards
Comments On The Miller Commission Report: A California Perspective, Leonard Edwards
Pace Law Review
No abstract provided.
Client-Directed Lawyers For Children: It Is The Right Thing To Do?, Linda D. Elrod
Client-Directed Lawyers For Children: It Is The Right Thing To Do?, Linda D. Elrod
Pace Law Review
No abstract provided.
Pace Law Review Symposium: New York Matrimonial Commission - Introduction, Judith S. Kaye
Pace Law Review Symposium: New York Matrimonial Commission - Introduction, Judith S. Kaye
Pace Law Review
No abstract provided.
Justice Abandoned: Forty Years Of Stalemate In Actions For Divorce On The Ground Of Abandonment, Dolores Gebhardt, Sondra Miller
Justice Abandoned: Forty Years Of Stalemate In Actions For Divorce On The Ground Of Abandonment, Dolores Gebhardt, Sondra Miller
Pace Law Review
No abstract provided.
Reforming Divorce: What's Needed And What's Not, Marsha Garrison
Reforming Divorce: What's Needed And What's Not, Marsha Garrison
Pace Law Review
No abstract provided.
Symposium On The Miller Commission On Matrimonial Law: Editor's Overview, Janet A. Johnson
Symposium On The Miller Commission On Matrimonial Law: Editor's Overview, Janet A. Johnson
Pace Law Review
No abstract provided.
Kramer Vs. Kramer Revisited: A Comment On The Miller Commission Report And The Obligation Of Divorce Lawyers For Parents To Discuss Alternative Dispute Resolution With Their Clients, Andrew Schepard
Pace Law Review
No abstract provided.
A Law Guardian By Any Other Name: A Critique Of The Report Of The Matrimonial Commission, Martin Guggenheim
A Law Guardian By Any Other Name: A Critique Of The Report Of The Matrimonial Commission, Martin Guggenheim
Pace Law Review
No abstract provided.
Addicted To Fault: Why Divorce Reform Has Lagged In New York, J. Herbie Difonzo, Ruth C. Stern
Addicted To Fault: Why Divorce Reform Has Lagged In New York, J. Herbie Difonzo, Ruth C. Stern
Pace Law Review
No abstract provided.
Appendix A: Matrimonial Commission Of The State Of New York, Report To The Chief Judge Of The State Of New York , Sondra Miller
Appendix A: Matrimonial Commission Of The State Of New York, Report To The Chief Judge Of The State Of New York , Sondra Miller
Pace Law Review
No abstract provided.
Triaging Family Court Services: The Connecticut Judicial Branch's Family Civil Intake Screen, Peter Salem, Debra Kulak, Robin M. Deutsch
Triaging Family Court Services: The Connecticut Judicial Branch's Family Civil Intake Screen, Peter Salem, Debra Kulak, Robin M. Deutsch
Pace Law Review
No abstract provided.