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Articles 1 - 30 of 47
Full-Text Articles in Law
Whitner V. State: Expanding Child Abuse And Endangerment Laws To Protect Viable Fetuses From Prenatal Substance Abuse, Stephanie Hainer Ojeda
Whitner V. State: Expanding Child Abuse And Endangerment Laws To Protect Viable Fetuses From Prenatal Substance Abuse, Stephanie Hainer Ojeda
West Virginia Law Review
No abstract provided.
Domestic Relations, Barry B. Mcgough
Domestic Relations, Barry B. Mcgough
Mercer Law Review
The survey period' produced sixty-one appellate decisions. Of that group, fourteen are digested here. The cases included clearly focus on issues of children. Moreover, the Georgia General Assembly tightened-up the child support guidelines and added new teeth for enforcement of support orders. Finally, new legislation prohibiting same sex and common law marriages was enacted.
Preserving Family Unity: The Rights Of Children To Maintain The Companionship Of Their Parents And Remain In Their Country Of Birth, Giovanna I. Wolf
Preserving Family Unity: The Rights Of Children To Maintain The Companionship Of Their Parents And Remain In Their Country Of Birth, Giovanna I. Wolf
Indiana Journal of Global Legal Studies
No abstract provided.
The Spousal Defense--A Ploy To Escape Payment Or Simple Application Of The Equal Credit Opportunity Act?, Andrea M. Farley
The Spousal Defense--A Ploy To Escape Payment Or Simple Application Of The Equal Credit Opportunity Act?, Andrea M. Farley
Vanderbilt Law Review
A defaulting spouse may find a powerful and effective defense to a creditor's entry of judgment in the Equal Credit Opportunity Act ("ECOA" or "the Act") and the accompanying federal regulation ("Regulation B"). The defense arises when a married applicant enters a financial institution seeking a loan, and even though the applicant is unquestionably creditworthy, the creditor requires that the applicant's spouse co-sign the loan as a guaranteeing spouse. The financial institution has just violated the ECOA by discriminating against the applicant on account of the applicant's marital status. If the original applicant later defaults on the loan, the creditor …
Balancing The Adoption Triangle: The State, The Adoptive Parents And The Birth Parents-Where Does The Adoptee Fit In?, Audra Behne
Balancing The Adoption Triangle: The State, The Adoptive Parents And The Birth Parents-Where Does The Adoptee Fit In?, Audra Behne
In the Public Interest
No abstract provided.
Divining The Deep And Inscrutable: Toward A Gener-Neutral, Child-Centered Approach To Child Name Change Proceedings, Lisa Kelly
West Virginia Law Review
No abstract provided.
Criminal Protection Orders In Domestic Violence Cases: Getting Rid Of Rats With Snakes, Christopher R. Frank
Criminal Protection Orders In Domestic Violence Cases: Getting Rid Of Rats With Snakes, Christopher R. Frank
University of Miami Law Review
No abstract provided.
Custody And Conduct: How The Law Fails Lesbian And Gay Parents And Their Children, Julie Shapiro
Custody And Conduct: How The Law Fails Lesbian And Gay Parents And Their Children, Julie Shapiro
Indiana Law Journal
No abstract provided.
China's Eugenics Law As Grounds For Granting Asylum, Graciela Gómez
China's Eugenics Law As Grounds For Granting Asylum, Graciela Gómez
Washington International Law Journal
China has instituted two controversial population control programs. First instituted in 1979, the One Child Policy seeks to control population growth by limiting the number of children born to married couples. The Maternal and Infant Health Care Law ("Eugenics Law"), effective June of 1995, has a stated purpose of improving the quality of the population by mandating sterilization for people with serious genetic defects. Implementation of the One Child Policy has led to forced abortion and involuntary sterilization. The Eugenics Law is likely to engender similar types of human rights abuses. Since 1989, the U.S. Board of Immigration Appeals has …
Religious Visitation Constraints On The Noncustodial Parent: The Need For National Application Of A Uniform Compelling Interest Test, Kevin S. Smith
Religious Visitation Constraints On The Noncustodial Parent: The Need For National Application Of A Uniform Compelling Interest Test, Kevin S. Smith
Indiana Law Journal
No abstract provided.
Spousal Incompetency And The Charter, Hamish Stewart
Spousal Incompetency And The Charter, Hamish Stewart
Osgoode Hall Law Journal
This article considers the effect of the Canadian Charter of Rights and Freedoms on the rule of spousal incompetency in criminal proceedings. The rule is arguably under-inclusive, in that it is not available to protect opposite-sex couples who are not legally married or same-sex couples; on the other hand, the rule is arguably offensive to the modem conception of marriage. The Charter arguments for each of these positions are considered, and it is submitted that the Charter requires the rule of spousal incompetency, whatever it is, to apply equally to legally married couples, to cohabitants, and to same-sex couples. A …
When Irish Eyes Aren't Smiling-Legalizing Divorce In Ireland, Anna Margaret Mcdonough
When Irish Eyes Aren't Smiling-Legalizing Divorce In Ireland, Anna Margaret Mcdonough
Penn State International Law Review
No abstract provided.
Reading Casey: Structuring The Woman's Decisionmaking Process, Robert D. Goldstein
Reading Casey: Structuring The Woman's Decisionmaking Process, Robert D. Goldstein
William & Mary Bill of Rights Journal
In this Article, Professor Goldstein argues that the primary concerns of Planned Parenthood v. Casey's joint opinion were expressive, not regulatory, in nature: to allow the state more leeway to structure the woman's decisionmaking process and to engage in its own speech regarding her exercise of her procreative choice. To this end, he identifies three models by which the state can engage in such structuring: the autonomy informed consent model, the dialogical model, and the government speech model. He then analyzes Casey in light of each model to understand what limits Casey places on state abortion regulation. He also develops …
Child Support In North Carolina: What Is The State Of The Law And How Did We Get Here, Lisa Dukelow
Child Support In North Carolina: What Is The State Of The Law And How Did We Get Here, Lisa Dukelow
North Carolina Central Law Review
No abstract provided.
Breaking Up A Family Or Putting It Back Together Again: Refining The Preference In Favor Of The Parent In Third-Party Custody Cases, Carolyn Wilkes Kaas
Breaking Up A Family Or Putting It Back Together Again: Refining The Preference In Favor Of The Parent In Third-Party Custody Cases, Carolyn Wilkes Kaas
William & Mary Law Review
No abstract provided.
For Better Or Worse: The Federalization Of Domestic Violence, Michelle W. Easterling
For Better Or Worse: The Federalization Of Domestic Violence, Michelle W. Easterling
West Virginia Law Review
No abstract provided.
Has Time Rewritten Every Line?: Recovered-Memory Therapy And The Potential Expansion Of Psychotherapist Liability, Jeffrey A. Mullins
Has Time Rewritten Every Line?: Recovered-Memory Therapy And The Potential Expansion Of Psychotherapist Liability, Jeffrey A. Mullins
Washington and Lee Law Review
No abstract provided.
A Critical Analysis Of Constitutional Claims For Same-Sex Marriage, Lynn D. Wardle
A Critical Analysis Of Constitutional Claims For Same-Sex Marriage, Lynn D. Wardle
BYU Law Review
No abstract provided.
People V. Bennett: Analytic Approaches To Recognizing A Fundamental Parental Right Under The Ninth Amendment, Daniel E. Witte
People V. Bennett: Analytic Approaches To Recognizing A Fundamental Parental Right Under The Ninth Amendment, Daniel E. Witte
BYU Law Review
No abstract provided.
Unemployment Compensation In A Time Of Increasing Work-Family Conflicts, Martin H. Malin
Unemployment Compensation In A Time Of Increasing Work-Family Conflicts, Martin H. Malin
University of Michigan Journal of Law Reform
The demographics of the workplace have changed substantially since the nation's unemployment insurance system was enacted in the 1930s. The number of dual-earner and single-parent families has increased dramatically. Yet, the basic requirements for eligibility for unemployment compensation have not varied much since their initial enactment. In this Article, Professor Malin explores the availability of benefits to individuals who lose their jobs because of conflicts between work and family responsibilities and to unemployed individuals whose family responsibilities restrict the types of jobs that they are able to take. He finds that the states have differed greatly concerning the degree to …
Standards Of Appellate Review For Denial Of Counsel And Ineffective Assistance Of Counsel In Child Protection And Parental Severance Cases, William Wesley Patton
Standards Of Appellate Review For Denial Of Counsel And Ineffective Assistance Of Counsel In Child Protection And Parental Severance Cases, William Wesley Patton
Loyola University Chicago Law Journal
No abstract provided.
Secrecy And Genetics In Adoption Law And Practice, Demosthenes A. Lorandos
Secrecy And Genetics In Adoption Law And Practice, Demosthenes A. Lorandos
Loyola University Chicago Law Journal
No abstract provided.
Give Them A Sword: Representing A Parent In A Child Custody Case, William Louis Tabac
Give Them A Sword: Representing A Parent In A Child Custody Case, William Louis Tabac
Loyola University Chicago Law Journal
No abstract provided.
Contractual Modification Of Past Due And Future Child Support Payments, Lynette K. Neel
Contractual Modification Of Past Due And Future Child Support Payments, Lynette K. Neel
Campbell Law Review
This comment will address the custodial parent's right to contract with the supporting parent to modify court-ordered child support payments. Part II discusses how the courts have classifled contracts made to settle past due child support payments. It will also explain the defenses that some courts recognize and utilize to protect the supporting parent when the courts refuse to enforce the contracts. Part III discusses the different rationales for either enforcing or invalidating contracts that modify future child support payments. Part IV recommends that the courts allow parents to contractually modify payments and that the courts use traditional contract principles, …
The Effect On The Child Of A Custodial Parent's Involvement In An Intimate Same-Sex Relationship - North Carolina Adopts The "Nexus Test" In Pulliam V. Smith, Vicki Parrott
Campbell Law Review
This Note examines the North Carolina Court of Appeals decision in Pulliam v. Smith. First, the Note discusses the facts of the case and the opinion of the North Carolina Court of Appeals. Then, the Note examines (1) child custody law in North Carolina; (2) North Carolina case law addressing the effect on the child of a custodial parent's sexual conduct and sexual orientation; and (3) child custody disputes in other jurisdictions which involve a custodial parent in an intimate same-sex relationship. Next, the Note analyzes the decision in Pulliam and its effect on child custody law in North …
Constitutionally Defending Marriage: The Defense Of Marriage Act, Romer V. Evans And The Cultural Battle They Represent, Leonard G. Brown Iii
Constitutionally Defending Marriage: The Defense Of Marriage Act, Romer V. Evans And The Cultural Battle They Represent, Leonard G. Brown Iii
Campbell Law Review
No abstract provided.
Husband And Wife Are One - Him: Bennis V. Michigan As The Resurrection Of Coverture, Amy D. Ronner
Husband And Wife Are One - Him: Bennis V. Michigan As The Resurrection Of Coverture, Amy D. Ronner
Michigan Journal of Gender & Law
Although the legal fictions of coverture and guilty property have been repudiated by statutes and the Court respectively, the Supreme Court implicitly resurrected and fused the coverture and guilty property myths in Bennis v. Michigan. In that decision, the Court approved the forfeiture of Ms. Bennis' interest in a car in which her husband engaged in sexual activity with a prostitute. This Article explores that resurrected conglomerate in three parts. Part I is a concise review of the feudal doctrine of coverture and the disabilities it imposed on married women. Part II focuses almost entirely on the decision in …
Second-Parent Adoption: Overcoming Barriers To Lesbian Family Rights, Maxwell S. Peltz
Second-Parent Adoption: Overcoming Barriers To Lesbian Family Rights, Maxwell S. Peltz
Michigan Journal of Gender & Law
Part I of this Article will discuss some of the legal difficulties associated with co-parenting and why lesbian couples have sought second-parent adoptions. Part II will examine the particular statutory obstacles to second-parent adoptions and then analyze the various ways courts in several states have overcome these obstacles. Finally, Part III will discuss the implications of these decisions in terms of their creation of legal and social norms.
Innocent Spouses, Reasonable Women And Divorce: The Gap Between Reality And The Internal Revenue Code, Stephen A. Zorn
Innocent Spouses, Reasonable Women And Divorce: The Gap Between Reality And The Internal Revenue Code, Stephen A. Zorn
Michigan Journal of Gender & Law
This Article asks whether the "reasonable woman" should become the standard for women seeking relief from tax liabilities under the innocent spouse provision of the I.R.C. and whether an even more specific standard should be adopted for women who are also going through divorce or are in similar situations.
Damned For Using Daycare: Appellate Brief Of Jennifer Ireland In Ireland V. Smith, Julie Kunce Field
Damned For Using Daycare: Appellate Brief Of Jennifer Ireland In Ireland V. Smith, Julie Kunce Field
Michigan Journal of Gender & Law
At issue is custody of three-and-a-half-year-old Maranda (date of birth: April 22, 1991). The trial court found that Maranda had an established custodial environment with her mother, Jennifer Ireland, but then nominally ordered custody changed to Steven Smith. The court's order changing custody was based on a determination that day care is an inappropriate choice for care of a preschool child, and that no one effectively can be a single parent and a student at the same time. Those findings have no factual basis in the record, no legal basis under Michigan law, and no logical or even common sense …