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Articles 31 - 60 of 66

Full-Text Articles in Law

The Parental Kidnapping Prevention Act: Thirty Years Later And Of No Effect? Where Can The Unwed Father Turn?, Rebecca Miller Apr 2013

The Parental Kidnapping Prevention Act: Thirty Years Later And Of No Effect? Where Can The Unwed Father Turn?, Rebecca Miller

Pepperdine Law Review

In 1980, the federal government passed the Parental Kidnapping Prevention Act (PKPA), designed to prevent parents from attempting to “forum shop” to gain an advantage in custody disputes. A recent Utah Supreme Court decision held that jurisdiction challenges under the PKPA are waived if not raised in the lower court. This Article argues that this decision runs counter to the purpose behind the PKPA and sets a dangerous precedent. It calls for the Supreme Court to interpret the ambiguous provisions of the PKPA to resolve inconsistent rulings and protect the rights of unwed fathers.


So You're Going To Represent A Juvenile!, John R. Heilman Feb 2013

So You're Going To Represent A Juvenile!, John R. Heilman

Pepperdine Law Review

No abstract provided.


The Changing American Family: Can The Courts Catch Up?, George Thomas Feb 2013

The Changing American Family: Can The Courts Catch Up?, George Thomas

Pepperdine Law Review

No abstract provided.


Where For Art Thou Danforth: Bellotti V. Baird , David C. Boatwright Feb 2013

Where For Art Thou Danforth: Bellotti V. Baird , David C. Boatwright

Pepperdine Law Review

The author's focus is upon a Supreme Court opinion dealing with the constitutional parameters of a minor's right to make an independent decision with respect to abortion. The majority, in an attempt to balance the often conflicting interests of the minor, the minor's parents, and the state, sets forth the minimum requirements with which parental consent statutes must comply. The author emphasizes the significance of the high court's plurality split regarding this issue, and cautions the practitioner as to the possibility of inconsistent rulings on such statutes in the future.


Expatriate Domestic Relations Law In Mexican California , David J. Langum Feb 2013

Expatriate Domestic Relations Law In Mexican California , David J. Langum

Pepperdine Law Review

No abstract provided.


Joint Custody As A Parenting Alternative, Billy G. Mills, Steven P. Belzer Feb 2013

Joint Custody As A Parenting Alternative, Billy G. Mills, Steven P. Belzer

Pepperdine Law Review

Joint custody of children has been a recently accepted alternative to the traditional child custody/visitation orders that usually follow dissolution proceedings. In 1980, California became one of the first states to provide, by statute, a presumption in favor of an award of joint custody to the parents. The authors present the legislative history of this joint custody statute and synthesize the various views that have been expressed on the subject of joint custody. Also presented is a discussion of the legislative intent behind the statute and whether the current law is the most effective means of protecting the best interests …


Reimbursement Of Community Contributions To A Spouse's Education Upon Divorce: California Civil Code Section 4800.3, Suzanne E. Rand Jan 2013

Reimbursement Of Community Contributions To A Spouse's Education Upon Divorce: California Civil Code Section 4800.3, Suzanne E. Rand

Pepperdine Law Review

When the California Legislature passed California Civil Code section 4800.3, it attempted to create a remedy for the circumstances posed by the highly publicized case of In re Marriage of Sullivan. The legislature created a new cause of action for "reimbursement" of funds contributed to the education or training of a spouse. The question remains whether reimbursement is an equitable and workable remedy for the Sullivan type situation. This comment analyzes the section and suggests possible approaches to litigation of a section 4800.3 claim.


The Use Of In Vitro Fertilization: Is There A Right To Bear Or Beget A Child By Any Available Medical Means?, Matthew R. Eccles Jan 2013

The Use Of In Vitro Fertilization: Is There A Right To Bear Or Beget A Child By Any Available Medical Means?, Matthew R. Eccles

Pepperdine Law Review

The prodigious advancements of biomedical science in human reproduction have brought both blessing and cursing in recent years. Many join with childless couples and hail the opportunity to bear a child, while others fearfully contemplate the moral and ethical consequences that accompany the birth of that child. In view of those consequences, laws limiting access to the new methods of reproduction are bound to be drawn and couples are bound to challenge them as unconstitutionally limiting their right to privacy. This comment examines the arguments of both sides in determining whether the right of privacy protects the use of the …


The Deconstruction Of The Marital Privilege, Barbara Gregg Glenn Jan 2013

The Deconstruction Of The Marital Privilege, Barbara Gregg Glenn

Pepperdine Law Review

No abstract provided.


Dissolution Of Marriage: California Spousal Support, Sarah J. Hoover Jan 2013

Dissolution Of Marriage: California Spousal Support, Sarah J. Hoover

Pepperdine Law Review

No abstract provided.


The Supreme Court Refused To Expand The Right Of Privacy To Include Homosexual Sodomy In Bowers V. Hardwick, Richard J. Wittbrodt Jan 2013

The Supreme Court Refused To Expand The Right Of Privacy To Include Homosexual Sodomy In Bowers V. Hardwick, Richard J. Wittbrodt

Pepperdine Law Review

No abstract provided.


The Dischargeability In Bankruptcy Of Debts For Alimony And Property Settlements Arising From Divorce, John Francis Murphy Jan 2013

The Dischargeability In Bankruptcy Of Debts For Alimony And Property Settlements Arising From Divorce, John Francis Murphy

Pepperdine Law Review

No abstract provided.


Alienating Sham Marriages For Tougher Immigration Penalties: Congress Enacts The Marriage Fraud Act, Karen L. Rae Jan 2013

Alienating Sham Marriages For Tougher Immigration Penalties: Congress Enacts The Marriage Fraud Act, Karen L. Rae

Pepperdine Law Review

No abstract provided.


Mediation Of Marital Disputes Before It Is Too Late: A Proposal For Premarital Contract Provisions For Mediation Of Disputes Within The Intact Family And At Separation , Robert F. Cochran Jr. Jan 2013

Mediation Of Marital Disputes Before It Is Too Late: A Proposal For Premarital Contract Provisions For Mediation Of Disputes Within The Intact Family And At Separation , Robert F. Cochran Jr.

Pepperdine Law Review

No abstract provided.


It's All Mine - Or At Least Part Of It Is: A California Look At Property Apportionment Between The Families Of An Interstate And An Intestate's Predeceased Spouse, Robert G. Popovich Jan 2013

It's All Mine - Or At Least Part Of It Is: A California Look At Property Apportionment Between The Families Of An Interstate And An Intestate's Predeceased Spouse, Robert G. Popovich

Pepperdine Law Review

No abstract provided.


Thompson V. Thompson: The Jurisdictional Dilemma Of Child Custody Cases Under The Parental Kidnapping Prevention Act , Steven M. Schuetze Jan 2013

Thompson V. Thompson: The Jurisdictional Dilemma Of Child Custody Cases Under The Parental Kidnapping Prevention Act , Steven M. Schuetze

Pepperdine Law Review

No abstract provided.


The Unwed Father's Custody Claim In California: When Does The Parental Preference Doctrine Apply?, Jeffrey S. Boyd Jan 2013

The Unwed Father's Custody Claim In California: When Does The Parental Preference Doctrine Apply?, Jeffrey S. Boyd

Pepperdine Law Review

No abstract provided.


The Best Interest Of The Child And The Law , Christian Reichel Van Deusen Nov 2012

The Best Interest Of The Child And The Law , Christian Reichel Van Deusen

Pepperdine Law Review

No abstract provided.


Best Interests Of The Child: By Whose Definition? , Harvey R. Sorkow Nov 2012

Best Interests Of The Child: By Whose Definition? , Harvey R. Sorkow

Pepperdine Law Review

No abstract provided.


A Constitutional Right To Safe Foster Care - Time For The Supreme Court To Pay Its I.O.U., Daniel L. Skoler Nov 2012

A Constitutional Right To Safe Foster Care - Time For The Supreme Court To Pay Its I.O.U., Daniel L. Skoler

Pepperdine Law Review

No abstract provided.


Allocating The Costs Of Parental Free Exercise: Striking A New Balance Between Sincere Religious Belief And A Child's Right To Medical Treatment , Paul A. Monopoli Nov 2012

Allocating The Costs Of Parental Free Exercise: Striking A New Balance Between Sincere Religious Belief And A Child's Right To Medical Treatment , Paul A. Monopoli

Pepperdine Law Review

No abstract provided.


Medical Evidence In Cases Of Intrauterine Drug And Alcohol Exposure , Judith Larsen, Robert M. Horowitz, Ira J. Chasnoff Nov 2012

Medical Evidence In Cases Of Intrauterine Drug And Alcohol Exposure , Judith Larsen, Robert M. Horowitz, Ira J. Chasnoff

Pepperdine Law Review

No abstract provided.


The Child's Right To Be Heard And Represented In Judicial Proceedings , Howard A. Davidson Nov 2012

The Child's Right To Be Heard And Represented In Judicial Proceedings , Howard A. Davidson

Pepperdine Law Review

No abstract provided.


The Los Angeles County Children's Court: A Model Facility For Child Abuse And Neglect Proceedings, Paul Boland Nov 2012

The Los Angeles County Children's Court: A Model Facility For Child Abuse And Neglect Proceedings, Paul Boland

Pepperdine Law Review

No abstract provided.


Employee Notice Requirements Under The Family And Medical Leave Act: Are They Manageable?, Robert J. Aalberts, Lorne H. Seidman Oct 2012

Employee Notice Requirements Under The Family And Medical Leave Act: Are They Manageable?, Robert J. Aalberts, Lorne H. Seidman

Pepperdine Law Review

No abstract provided.


Fair Play Or A Stacked Deck?: In Search Of A Proper Standard Of Proof In Juvenile Dependency Hearings, Linda Lee Reimer Stevenson Oct 2012

Fair Play Or A Stacked Deck?: In Search Of A Proper Standard Of Proof In Juvenile Dependency Hearings, Linda Lee Reimer Stevenson

Pepperdine Law Review

No abstract provided.


Fanning An Old Flame: Alienation Of Affections And Criminal Conversation Revisited, Jill Jones Oct 2012

Fanning An Old Flame: Alienation Of Affections And Criminal Conversation Revisited, Jill Jones

Pepperdine Law Review

No abstract provided.


Disentangling Symmetries: Speech, Association, Parenthood, Laurence H. Tribe Oct 2012

Disentangling Symmetries: Speech, Association, Parenthood, Laurence H. Tribe

Pepperdine Law Review

No abstract provided.


Can Wrongful Death Damages Recovered By A Married Person Be Separate Property Under California Law? , William A. Reppy Jr. Sep 2012

Can Wrongful Death Damages Recovered By A Married Person Be Separate Property Under California Law? , William A. Reppy Jr.

Pepperdine Law Review

No abstract provided.


Putting Buck V. Bell In Scientific And Historical Context: A Response To Victoria Nourse , Edward J. Larson Aug 2012

Putting Buck V. Bell In Scientific And Historical Context: A Response To Victoria Nourse , Edward J. Larson

Pepperdine Law Review

In this article written for a law-review symposium in response to a presentation on the infamous 1927 U.S. Supreme Court opinion in Buck v. Bell, Edward J. Larson argues that, at the time that the case was decided, eugenics was on the incline, not the decline. In the 1920s, the American scientific and medical community broadly backed eugenic remedies for various forms of mental illness and retardation. Legislatures, lawyers, and jurists took their cue from this scientific and medical consensus. Absent any question that the statute at issue in Buck v. Bell was validly passed by the Virginia legislature or …