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Articles 1 - 28 of 28
Full-Text Articles in Law
Family Law: Cases, Comments & Questions, Alastair Bissett-Johnson
Family Law: Cases, Comments & Questions, Alastair Bissett-Johnson
Dalhousie Law Journal
The thought that a Canadian, who has difficulty mastering the Federal Divorce Law together with that of 13 Provincial or Territorial bodies of family law might benefit from reading a large American casebook with national coverage requires explanation. In fact the problems of family law seem to run along defined channels of human behaviour which transcend national boundaries. The solutions are not always the same (hence the nature of this book in breaking out of particular mind sets) but the underlying problems are.
Recent Reforms In Family Law: Progress Or Backlash?, Brenda Hoggett
Recent Reforms In Family Law: Progress Or Backlash?, Brenda Hoggett
Dalhousie Law Journal
My qualifications for delivering this lecture in honour of the late Horace E. Read are questionable. As an English academic family lawyer, I cannot claim an interest in the substantive areas of law which most interested him. As a member of the English Law Commission, however, I can claim an interest in legislation and the legislative process and Horace Read is perhaps best known outside North America for his pioneering work on the teaching of methods of making and applying legislation, including of course his Cases and Materials on Legislation. I should like, therefore, to offer him some thoughts on …
Classifying Marital And Separate Property--Combinations And Increase In Value Of Separate Property, Joan M. Krauskopf
Classifying Marital And Separate Property--Combinations And Increase In Value Of Separate Property, Joan M. Krauskopf
West Virginia Law Review
No abstract provided.
The Legal History Of The Family, Lee E. Teitelbaum
The Legal History Of The Family, Lee E. Teitelbaum
Michigan Law Review
A Review of Governing the Hearth: Law and the Family in Nineteenth-Century America by Michael Grossberg
Enforcing Surrogate Motherhood Agreements: The Trouble With Specific Performance, Susan M. Wolf
Enforcing Surrogate Motherhood Agreements: The Trouble With Specific Performance, Susan M. Wolf
NYLS Journal of Human Rights
No abstract provided.
Surrogacy V. The Thirteenth Amendment, Cyril C. Means Jr.
Surrogacy V. The Thirteenth Amendment, Cyril C. Means Jr.
NYLS Journal of Human Rights
No abstract provided.
Ordinary People: Soviet-American Transnational Marriage And The International Implications Of Divided Spouses, Julia T. Garrett
Ordinary People: Soviet-American Transnational Marriage And The International Implications Of Divided Spouses, Julia T. Garrett
Penn State International Law Review
They are indeed ordinary people. This comment examines the problem of divided spouses and blocked marriages within the framework of international law and the complex realties of superpower politics between the United States and Soviet Union. The author utilizes illustrative cases, suggests remedies, and discusses the possible future international implications of leaving the issue unresolved.
Maryland's Statutory Hearsay Exception For Reliable Statements By Alleged Child Abuse Victims: A Hesitant Step Forward, Lynn Mclain
University of Baltimore Law Review
The Maryland General Assembly recently passed legislation, effective July 1, 1988, which grants a trial court the opportunity to allow a physician, psychologist, social worker, or teacher to testify to an out-of-court statement made by an alleged child abuse victim if the court finds that the circumstances in which the statement was made exhibit sufficient particularized guarantees of reliability. This article discusses the need for such an exception to the rule precluding admission of hearsay for statements made by alleged victims of child abuse, exposes the inadequacies of pre-existing exceptions, addresses the constitutional considerations raised by admission of such hearsay …
Domestic Relations, Patricia L. Rush
Casenotes: Family Law — A Professional Degree Or License Acquired During Marriage Is Not Marital Property Subject To Equitable Distribution Under The Property Disposition In Annulment And Divorce Law. Archer V. Archer, 303 Md. 347, 493 A.2d 1074 (1985), Shoshana L. Katz
University of Baltimore Law Review
No abstract provided.
Maternal Liability: Courts Strive To Keep Doors Open To Fetal Protection - But Can They Succeed, 20 J. Marshall L. Rev. 747 (1987), Shannon S. Sullivan
Maternal Liability: Courts Strive To Keep Doors Open To Fetal Protection - But Can They Succeed, 20 J. Marshall L. Rev. 747 (1987), Shannon S. Sullivan
UIC Law Review
No abstract provided.
The Right To Parenthood And The Best Interests Of The Child: A Perspective On Surrogate Motherhood In Jewish And Israeli Law, Pinhas Shifman
The Right To Parenthood And The Best Interests Of The Child: A Perspective On Surrogate Motherhood In Jewish And Israeli Law, Pinhas Shifman
NYLS Journal of Human Rights
No abstract provided.
Annual Survey Of Virginia Law: Domestic Relations, Peter N. Swisher
Annual Survey Of Virginia Law: Domestic Relations, Peter N. Swisher
University of Richmond Law Review
The Virginia Premarital Agreement Act applies to any premarital agreement executed on or after July 1, 1986. The Act basically allows the parties prior to marriage to contract regarding: (1) the right to manage and control property, whenever and wherever acquired or located; (2) the disposition of property upon separation, marital dissolution, divorce, death, or the occurrence or nonoccurrence of any other event; (3) spousal support; (4) the making of a will, trust, or other agreement; (5) life insurance ownership rights; (6) the choice of law governing the agreement; and (7) "any other matter, including their personal rights and obligations, …
Lemley V. Barr: Who Gets Baby Ryan And Who Should Decide, Thomas G. Steele
Lemley V. Barr: Who Gets Baby Ryan And Who Should Decide, Thomas G. Steele
West Virginia Law Review
No abstract provided.
Family Protection Under Kentucky's Inheritance Laws: Is The Family Really Protected?, Carolyn S. Bratt
Family Protection Under Kentucky's Inheritance Laws: Is The Family Really Protected?, Carolyn S. Bratt
Kentucky Law Journal
No abstract provided.
The Equitable Distribution Of Professional Degrees Upon Divorce In North Carolina, Carole S. Gailor, Meredith J. Mcgill
The Equitable Distribution Of Professional Degrees Upon Divorce In North Carolina, Carole S. Gailor, Meredith J. Mcgill
Campbell Law Review
This article will examine the concept of the advanced degree as property subject to equitable distribution in the context of the North Carolina equitable distribution of marital property statute and the prevalent theories of compensation to the working spouse within the scope of North Carolina's statutory property distribution and spousal maintenance schemes.
Virginia Domestic Relations Handbook And Virginia Domestic Relations Case Finder, Matthew N. Ott
Virginia Domestic Relations Handbook And Virginia Domestic Relations Case Finder, Matthew N. Ott
University of Richmond Law Review
The Michie Company has released two publications dealing with the changing area of domestic relations law and which provide the busy Virginia practitioner with easy access to the areas within the field of family law practice and the relevant case authorities.
Where The Wind Blows: Fee Shifting In Domestic Relations Cases, Wenona Y. Whitfield
Where The Wind Blows: Fee Shifting In Domestic Relations Cases, Wenona Y. Whitfield
Florida State University Law Review
No abstract provided.
Family Law—Parental Kidnapping In Arkansas Under The Uniform Child Custody Jurisdiction Act And Parental Kidnapping Prevention Act, Jennifer Sevier Farmer
Family Law—Parental Kidnapping In Arkansas Under The Uniform Child Custody Jurisdiction Act And Parental Kidnapping Prevention Act, Jennifer Sevier Farmer
University of Arkansas at Little Rock Law Review
No abstract provided.
Criminal Procedure: Closed-Circuit Testimony Of Child Victims, Kay V. Curtis
Criminal Procedure: Closed-Circuit Testimony Of Child Victims, Kay V. Curtis
Oklahoma Law Review
No abstract provided.
Casenotes: Family Law — Joint Custody — A Trial Court Has The Authority To Award Joint Custody Under Its Equity Powers, But Should Consider A Variety Of Factors Before Determining That A Joint Custody Award Is Appropriate. Taylor V. Taylor, 306 Md. 290, 508 A.2d 964 (1986), Denise Barrett-Benvenga
University of Baltimore Law Review
No abstract provided.
Evidence - North Carolina Allows Admission Of The Unthinkable: Hearsay Exceptions And Statements Made By Sexually Abused Children - State V. Smith, Benita A. Lloyd
Evidence - North Carolina Allows Admission Of The Unthinkable: Hearsay Exceptions And Statements Made By Sexually Abused Children - State V. Smith, Benita A. Lloyd
Campbell Law Review
This Note will discuss how the court's decision to expand the traditional hearsay exceptions under Rule 803 ranks in effectiveness with other methods which allow into evidence hearsay statements of a child victim. While Smith does not provide admission of all critical hearsay statements made by sexually abused children, the decision goes a long way in allowing North Carolina courts to admit the unthinkable.
In Re: International Child Abduction V. Best Interests Of The Child: Comity Should Control, Esther Levy Blynn
In Re: International Child Abduction V. Best Interests Of The Child: Comity Should Control, Esther Levy Blynn
University of Miami Inter-American Law Review
No abstract provided.
Representation Of Children In Child Abuse And Neglect Cases: An Empirical Look At What Constitutes Effective Representation, Donald N. Duquette, Sarah H. Ramsey
Representation Of Children In Child Abuse And Neglect Cases: An Empirical Look At What Constitutes Effective Representation, Donald N. Duquette, Sarah H. Ramsey
University of Michigan Journal of Law Reform
This Article describes the purposes and design of our empirical study and analyzes the study's findings. Part I presents a case study of the representation of a child by a volunteer in a way that exhibits the role definition and training of the demonstration groups. Parts II and III discuss who should represent children and how those child advocates should be trained. Part IV discusses the design of the study. Part V presents an analysis of the study's findings. Finally, Part VI considers the policy implications of the study and concludes that the demonstration groups improved the quality of representation …
Whose Child Is It Anyway? Awarding Joint Custody Over The Objection Of One Parent, Daniel R. Mummery
Whose Child Is It Anyway? Awarding Joint Custody Over The Objection Of One Parent, Daniel R. Mummery
Fordham Urban Law Journal
This Note addresses issues of joint custody of children in divorce cases where one parent objects to that arrangement. Part I examines New York's approach to custody, and finds it unduly restrictive and thus likely to inhibit full consideration of joint custody as an alternative. Part II of the Note discusses the historical background of child custody and explains the emergence of joint custody as a result of perceived inadequacies inherent in the sole custody arrangement. Part III discusses different approaches taken by various jurisdictions to the controversial issue of awarding joint custody over the objection of one parent, and …
Civil Claims Of Adults Molested As Children: Maturation Of Harm And The Statute Of Limitations Hurdle, Carolyn B. Handler
Civil Claims Of Adults Molested As Children: Maturation Of Harm And The Statute Of Limitations Hurdle, Carolyn B. Handler
Fordham Urban Law Journal
This Note, focusing on New York law, demonstrates that the statute of limitations is the primary procedural difficulty that adult victims of childhood incest abuse encounter in bringing their civil claims. Specifically, the traditionally short statutes of limitations for assault, battery and infliction of mental distress often preclude the adult victim of childhood incest from seeking a remedy within the statutorily prescribed time. Part II of this Note presents an overview of the nature of incest abuse and its resultant injuries and considers the purposes and policies behind statutes of limitations. Part II also sets out the various common law …
Using Hindsight To Change Child Support Obligations: A Survey Of Retroactive Modification And Reimbursement Of Child Support In North Carolina, Beverly W. Massey
Using Hindsight To Change Child Support Obligations: A Survey Of Retroactive Modification And Reimbursement Of Child Support In North Carolina, Beverly W. Massey
Campbell Law Review
The ratification of Chapter 50, section 13.10 of the North Carolina General Statutes, effective October 1, 1987, now focuses attention on the retroactive modifiability of court-ordered child support obligations in this state. Retroactive liability for child support, however, is not limited to retroactive changes in court-ordered support. The concept also includes retroactive changes in contractual child support obligations, as well as several miscellaneous remedies that allow a court to reimburse a parent, the state, or a third-party provider of necessaries for past expenditures on the child's behalf.
The Lawyer's Role In The Independent Adoption Process: Parental Consent And Best Interests Of The Child, Diana Lafemina
The Lawyer's Role In The Independent Adoption Process: Parental Consent And Best Interests Of The Child, Diana Lafemina
Touro Law Review
No abstract provided.