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Articles 1 - 30 of 36
Full-Text Articles in Law
Tearing Down The House: Weakening The Foundation Of Divorce Mediation Brick By Brick, Colleen N. Kotyk
Tearing Down The House: Weakening The Foundation Of Divorce Mediation Brick By Brick, Colleen N. Kotyk
William & Mary Bill of Rights Journal
Mediation is an attractive alternative to traditional litigation. In the last decade the use of mediation in family law has increased substantially. Mediation is particularly suited to family disputes when the parties voluntarily choose to use the process because it can help the parties resolve disputes and foster long-term relationships. Not all parties, however, are given a choice between mediation and more traditional adversarial justice. Currently, state legislation ranges from permitting mediation to mandating mediation. Mandatory mediation raises the issue of due process violations, especially in situations involving spousal abuse.
This Note analyzes the use of mediation in domestic relations …
Domestic Relations, Barry B. Mcgough
Domestic Relations, Barry B. Mcgough
Mercer Law Review
The survey year produced a wide array of appellate opinions with no discernible area of focus. Of particular interest were decisions holding that the relocation of a custodial parent is not alone grounds to change custody and that notice of trial by publication alone contravenes the due process rights of a pro se litigant in a divorce action in which custody of minor children is at issue. A resident can sue for divorce and an award of Georgia property even though the nonresident spouse has never been in the state. However, a resident cannot enforce a foreign divorce decree when …
Family Group Conferences As A Form Of Court Approved Alternative Dispute Resolution In Child Abuse And Neglect Cases, Jolene M. Lowry
Family Group Conferences As A Form Of Court Approved Alternative Dispute Resolution In Child Abuse And Neglect Cases, Jolene M. Lowry
University of Michigan Journal of Law Reform
The problems associated with long-term foster care of children have escalated over the past decade as more abused and neglected children enter the already overworked and underfunded state child protective system& The recent Personal Responsibility and Work Opportunity Reconciliation Act of 1996 mandates giving preference to placement within the extended family for children who cannot be returned to their parents. Compliance with this law requires substantial changes in the policies and procedures of human services agencies in most states. This Article discusses "family group conferencing,' a new model for working with families within the system. Family Group Conferencing originated in …
Speaking To Tribal Judges On The Matter Of Improving Children's Court Practice In Child Abuse And Neglect Cases In Our Country: A Proposal For A Uniform Children's Code, Julian D. Pinkham
Speaking To Tribal Judges On The Matter Of Improving Children's Court Practice In Child Abuse And Neglect Cases In Our Country: A Proposal For A Uniform Children's Code, Julian D. Pinkham
University of Michigan Journal of Law Reform
Since the 1970 the responsibilities of the tribal children's courts have increased dramatically. In child welfare case tribal courts no longer simply determine whether a child has been abused or neglected. They now also oversee the placement of the child in a shelter, foster care, or a permanent home, as well as determine the parent's treatment or visitation rights The complexity of the cases causes unacceptable delays in placing Indian children in need of care and hinders the placement of Indian children within the tribal community.
Judge Pinkham introduces a proposed solution to the problems of current tribal child welfare …
The Globalization Of Female Child Prostitution: A Call For Reintegration And Recovery Measures Via Article 39 Of The United Nations Convention On The Rights Of The Child, Laurie Robinson
Indiana Journal of Global Legal Studies
No abstract provided.
Protecting The Rights Of Hard To Place Children In Adoptions, Troy D. Farmer
Protecting The Rights Of Hard To Place Children In Adoptions, Troy D. Farmer
Indiana Law Journal
No abstract provided.
And Never The Twain Shall Meet: The Best Interests Of Children And The Adversary System, Janet Weinstein
And Never The Twain Shall Meet: The Best Interests Of Children And The Adversary System, Janet Weinstein
University of Miami Law Review
No abstract provided.
Divorce And Domicile: Time To Sever The Knot, Rhonda Wasserman
Divorce And Domicile: Time To Sever The Knot, Rhonda Wasserman
William & Mary Law Review
No abstract provided.
We Know Better Than We Do: A Policy Framework For Child Welfare Reform, Donald N. Duquette, Sandra K. Danzinger, Joan M. Abbey, Kristin S. Seefeldt
We Know Better Than We Do: A Policy Framework For Child Welfare Reform, Donald N. Duquette, Sandra K. Danzinger, Joan M. Abbey, Kristin S. Seefeldt
University of Michigan Journal of Law Reform
The need for comprehensive reform of child welfare policies and systems has long been evident. This Article reports observations from the WK Kellogg Foundation-sponsored Families for Kids Initiative that seeks to expand services and support to families and reduce the time children spend in temporary care. The authors first provide an overview of the need for reforms such as those proposed by this initiative, suggesting that many child welfare studies, critiques, and proposed reforms have had similar objectives. The authors highlight lessons learned from how these reform goals are being developed, implemented, and practiced in ongoing programs across the nation …
Developing A Child Advocacy Law Clinic: A Law School Clinical Legal Education Opportunity, Donald N. Duquette
Developing A Child Advocacy Law Clinic: A Law School Clinical Legal Education Opportunity, Donald N. Duquette
University of Michigan Journal of Law Reform
Clinical legal education has become an accepted and integral complement to traditional law school curricula. Professor Duquette argues that clinical education is uniquely able to integrate the teaching of practical skills and legal doctrine, elevating students' understanding of both. Duquette maintains that a child advocacy law clinic can teach a broad range of practical skill benefit the hosting law school by providing an opportunity for interdisciplinary education as well as a public relations benefit, while simultaneously serving an important need in most communities for quality representation of all parties in child abuse and neglect cases. Most importantly, participation in a …
Preliminary Report: Availability Of Domestic Violence Services For Latina Survivors In New York State, Jenny Rivera
Preliminary Report: Availability Of Domestic Violence Services For Latina Survivors In New York State, Jenny Rivera
In the Public Interest
No abstract provided.
Mediator Qualifications: The Trend Toward Professionalization, Bobby Marzine Harges
Mediator Qualifications: The Trend Toward Professionalization, Bobby Marzine Harges
BYU Law Review
No abstract provided.
Coming Out In West Virginia: Child Custody And Visitation Disputes Involving Gay Or Lesbian Parents, Jeffery L. Hall
Coming Out In West Virginia: Child Custody And Visitation Disputes Involving Gay Or Lesbian Parents, Jeffery L. Hall
West Virginia Law Review
No abstract provided.
An Interdisciplinary Approach To Family Law Jurisprudence: Application Of An Ecological And Therapeutic Perspective, Barbara A. Babb
An Interdisciplinary Approach To Family Law Jurisprudence: Application Of An Ecological And Therapeutic Perspective, Barbara A. Babb
Indiana Law Journal
No abstract provided.
In The Interest Of R.E.W.: Visitation Rights Of Homosexual Parents In Georgia, Allison Strazzella Brantley
In The Interest Of R.E.W.: Visitation Rights Of Homosexual Parents In Georgia, Allison Strazzella Brantley
Mercer Law Review
In a 1996 case, In the Interest of R.E.W., the Georgia Court of Appeals addressed an issue of first impression concerning the visitation rights of a noncustodial homosexual parent. The court set a tolerant precedent when it awarded the noncustodial homosexual father unsupervised visitation rights with his child.
Child Support Arrearages: What Statute Of Limitations (If Any) Applies, Harry Truman Moore
Child Support Arrearages: What Statute Of Limitations (If Any) Applies, Harry Truman Moore
University of Arkansas at Little Rock Law Review
No abstract provided.
Interprovincial Enforcement Of Maintenance Orders: New Principles, New Approaches, Lynn Walsworth
Interprovincial Enforcement Of Maintenance Orders: New Principles, New Approaches, Lynn Walsworth
Dalhousie Law Journal
The author points out that the existing legislative scheme for interprovincial enforcement of maintenance orders is premised on common law rules which have nowbeen rejected by the Supreme Court of Canada. Those same Supreme Court decisions have opened the door for new legislative approaches to intra-Canadian enforcement of these obligations. This paper surveys a variety of new responses based on models in other federal states and on conventions implementing international maintenance enforcement schemes. It examines the pros and cons of each and concludes that any one of them would be superior to the scheme now in force in Canada.
Religion, Custody, And A Child's Identities, Shauna Van Praagh
Religion, Custody, And A Child's Identities, Shauna Van Praagh
Osgoode Hall Law Journal
Custody decisionmaking in which religion plays a role is significant from the perspective of parents, children, religious communities, and the liberal diverse state. Neither a family law analysis based on best interests, nor a constitutional law analysis based on parental rights, provides a wholly satisfactory response to the task of delineating custody and access when religion is at issue. Instead, a child's sense of identity, partly defined through membership in religious communities, must be considered; at the same time, the child's integrity must be protected. By balancing a child's interests of identity and integrity, courts respect religious freedoms and custodial …
"Rights Of Custody" Under The Hague Convention, Martha Bailey
"Rights Of Custody" Under The Hague Convention, Martha Bailey
Brigham Young University Journal of Public Law
No abstract provided.
The Government's Role In The Support Of Children, Allen M. Parkman
The Government's Role In The Support Of Children, Allen M. Parkman
Brigham Young University Journal of Public Law
No abstract provided.
Interstate Collection Of Child Support And Federalism: Why The States Have Authority And What They Need To Do To Keep It, Eric S. Lind
Interstate Collection Of Child Support And Federalism: Why The States Have Authority And What They Need To Do To Keep It, Eric S. Lind
Brigham Young University Journal of Public Law
No abstract provided.
"Village People" Introduction To The Family Law Symposium On Parent And Child In North American Family Law, Lynn D. Wardle
"Village People" Introduction To The Family Law Symposium On Parent And Child In North American Family Law, Lynn D. Wardle
Brigham Young University Journal of Public Law
No abstract provided.
Posthumous Conception: A Private Or Public Matter?, Laurence C. Nolan
Posthumous Conception: A Private Or Public Matter?, Laurence C. Nolan
Brigham Young University Journal of Public Law
No abstract provided.
Legal Narratives, Theraputic Narratives: The Invisibility And Omnipresence Of Race And Gender, Leslie G. Espinoza
Legal Narratives, Theraputic Narratives: The Invisibility And Omnipresence Of Race And Gender, Leslie G. Espinoza
Michigan Law Review
My first introduction to Denise Gray was through a form. The intake sheet was dated October 17, 1994. The legal problem was straightforward. My introduction to Denise Gray would come much later. I am a clinical law professor. The clinic, Boston College Legal Assistance Bureau, is known as "LAB." I teach students law by supervising them as they represent, usually for the first time, a real person with real problems.
Unshackling Black Motherhood, Dorothy E. Roberts
Unshackling Black Motherhood, Dorothy E. Roberts
Michigan Law Review
When stories about the prosecutions of women for using drugs during pregnancy first appeared in newspapers in 1989, I immediately suspected that most of the defendants were Black women. Charging someone with a crime for giving birth to a baby seemed to fit into the legacy of devaluing Black mothers. I was so sure of this intuition that I embarked on my first major law review article based on the premise that the prosecutions perpetuated Black women's subordination. My hunch turned out to be right: a memorandum prepared by the ACLU Reproductive Freedom Project documented cases brought against pregnant women …
Liner V. Brown: Where Should We Go From Here - Two Different Approaches For North Carolina, A. John Hoomani, Kimberly Sieredzki Woodell
Liner V. Brown: Where Should We Go From Here - Two Different Approaches For North Carolina, A. John Hoomani, Kimberly Sieredzki Woodell
Campbell Law Review
No abstract provided.
The Indian Child Welfare Act In The Face Of Extinction, Sloan Phillips
The Indian Child Welfare Act In The Face Of Extinction, Sloan Phillips
American Indian Law Review
No abstract provided.
The Case Of The Battered Wife: Susan Glaspell's "Trifles" And "A Jury Of Her Peers", Lillian Schanfield
The Case Of The Battered Wife: Susan Glaspell's "Trifles" And "A Jury Of Her Peers", Lillian Schanfield
Circles: Buffalo Women's Journal of Law and Social Policy
No abstract provided.
Equality Under The Law Or Annihilation Of Marriage And Morals? The Same-Sex Marriage Debate, Germaine Winnick Willett
Equality Under The Law Or Annihilation Of Marriage And Morals? The Same-Sex Marriage Debate, Germaine Winnick Willett
Indiana Law Journal
No abstract provided.
A Glimmer Of Hope: A Proposal To Keep The Indian Child Welfare Act Of 1978 Intact, Jose Monsivais
A Glimmer Of Hope: A Proposal To Keep The Indian Child Welfare Act Of 1978 Intact, Jose Monsivais
American Indian Law Review
No abstract provided.