Open Access. Powered by Scholars. Published by Universities.®
- Institution
-
- Columbia Law School (9)
- Brooklyn Law School (7)
- University of Nebraska - Lincoln (7)
- University of Florida Levin College of Law (4)
- Boston University School of Law (3)
-
- University of Baltimore Law (3)
- University of Colorado Law School (3)
- University of Denver (3)
- University of Michigan Law School (3)
- University of Pennsylvania Carey Law School (3)
- Duke Law (2)
- Fordham Law School (2)
- Mitchell Hamline School of Law (2)
- Singapore Management University (2)
- UIdaho Law (2)
- University of Massachusetts School of Law (2)
- University of Missouri School of Law (2)
- University of Richmond (2)
- University of Southern Maine (2)
- William & Mary Law School (2)
- Chicago-Kent College of Law (1)
- Cleveland State University (1)
- Florida International University College of Law (1)
- Florida State University College of Law (1)
- Loyola University Chicago, School of Law (1)
- Maurice A. Deane School of Law at Hofstra University (1)
- Notre Dame Law School (1)
- Pace University (1)
- Southern Methodist University (1)
- University of Arkansas at Little Rock William H. Bowen School of Law (1)
- Keyword
-
- Children (9)
- Child welfare (8)
- Marriage (8)
- Family (5)
- Family law (5)
-
- Parents (5)
- Foster care (4)
- Child protection (3)
- Parental rights (3)
- Sturm College of Law (3)
- Abortion (2)
- Adoption (2)
- Alternative dispute resolution (2)
- Birth certificates (2)
- Children's rights (2)
- Civil unions (2)
- Domestic Relations (2)
- Domestic relations (2)
- Domestic violence (2)
- Due process (2)
- Employment (2)
- Equal protection (2)
- Ethics (2)
- Family Law Quarterly (2)
- Family integrity (2)
- Feminism (2)
- Home (2)
- Litigation (2)
- Marriage movement (2)
- Michigan (2)
- Publication
-
- Faculty Scholarship (27)
- All Faculty Scholarship (7)
- Articles (7)
- Faculty Publications (7)
- Center on Children, Families, and the Law (and related organizations): Publications (4)
-
- UF Law Faculty Publications (4)
- Center on Children, Families, and the Law: Faculty Publications (3)
- Publications (3)
- Sturm College of Law: Faculty Scholarship (3)
- Children, Youth, & Families (2)
- Law Faculty Publications (2)
- Research Collection Yong Pung How School Of Law (2)
- Elisabeth Haub School of Law Faculty Publications (1)
- Faculty Articles and Papers (1)
- Faculty Journal Articles and Book Chapters (1)
- Faculty Publications & Other Works (1)
- Faculty Works (1)
- Hofstra Law Faculty Scholarship (1)
- Journal Articles (1)
- Law Faculty Articles and Essays (1)
- Law Faculty Scholarly Articles (1)
- Law Faculty Scholarship (1)
- Scholarly Publications (1)
- Senior Honors Projects (1)
Articles 31 - 60 of 83
Full-Text Articles in Law
Analyzing The Impact Of Coercion On Domestic Violence Victims: How Much Is Too Much?, Tamara L. Kuennen
Analyzing The Impact Of Coercion On Domestic Violence Victims: How Much Is Too Much?, Tamara L. Kuennen
Sturm College of Law: Faculty Scholarship
Part I of the essay reviews the work of activists and scholars who make the case that coercion is central to domestic violence, but notes that these scholars' conceptions of coercion are diverse. Part II describes the justice system's current responses to the impact of coercion on a victim's decision to drop a criminal or civil case. Part III exposes a number of challenges inherent in measuring the impact of a batterer's influence on a domestic violence victim's decision. Part IV describes the conceptual limitations of current judicial guidelines, and argues for a more nuanced conceptualization of coercion that accounts …
From Tainted To Sainted: The Interracial Marriage As Cultural Evangelism, Rashmi Goel
From Tainted To Sainted: The Interracial Marriage As Cultural Evangelism, Rashmi Goel
Sturm College of Law: Faculty Scholarship
The article talks about interracial relationships viewed as cultural evangelism. The author mentions that viewing interracial marriage as the ultimate indicator of racial progress leaves the cognitive imprint that underlies all race relations. Professor Goel introduces the four archetypes of interracial relations that emanated from the four historical institutions such as the Civilized White and Colored Savage, the White Colonizer and Colored Subject, the White Master and Colored Slave, and the White Missionary and Colored Heathen. An analysis of the social and legal aspects of interracial marriages and interracial families is also presented.
The In-Between Places Where Children Are Socialized, Anne Dailey
The In-Between Places Where Children Are Socialized, Anne Dailey
Faculty Articles and Papers
In Between Home and School, Professor Rosenbury makes a splendid contribution to the emerging legal scholarship on the influence of cultural contexts on children's socialization. Scholars in this field have begun to study the effects on children of the media, peer relationships, civic institutions, and early caregiving environments. Professor Rosenbury's is a bold new voice in this genre offering a normative paradigm of space to replace the traditional dyadic model of state-parent authority over children. At the heart of the spatial paradigm is the view that in-between spaces socialize children in ways that differ both procedurally and substantively from the …
What's Love Got To Do With It?: The Corporations Model Of Marriage In The Same-Sex Marriage Debate, Jeremiah A. Ho
What's Love Got To Do With It?: The Corporations Model Of Marriage In The Same-Sex Marriage Debate, Jeremiah A. Ho
Faculty Publications
The time may come, far in the future, when contracts and arrangements between persons of the same sex who abide together will be recognized and enforced under state law. When that time comes, property rights and perhaps even mutual obligations of support may well be held to flow from such relationships. But in my opinion, even such a substantial change in the prevailing mores would not reach the point where such relationships would be characterized as "marriages". At most, they would become personal relationships having some, but not all, of the legal attributes of marriage. And even when and if …
A Review Of What's Wrong With Children's Rights: Still A "Slogan In Search Of A Definition", Justine A. Dunlap
A Review Of What's Wrong With Children's Rights: Still A "Slogan In Search Of A Definition", Justine A. Dunlap
Faculty Publications
The negative side of government intervention on behalf of children is a primary focus of New York University Law Professor Martin Guggenheim's book What's Wrong with Children's Rights. In this interesting book, Professor Guggenheim is always instructive and often provocative. As a consequence, he has written a book worth reading.
This book review essay will begin by offering an overall assessment of the book. It will then analyze two separate components of Guggenheim's book. First, it will evaluate Guggenheim's assertion that, absent a demonstration of parental unfitness, parental decision-making regarding their children is "virtually immune from state oversight." Second, …
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
Elisabeth Haub School of Law Faculty Publications
I commence this article with a discussion of the statutory provisions governing the appointment and responsibilities of attorneys who represent children in New York. Part II briefly outlines the chronological implementation from initial enactment through the Matrimonial Commission Report, a period spanning forty-five years. Parts III and IV explore the specific nature of child custody representation and the relationship between the attorney and the child client during the course of a frequently lengthy proceeding. Last, the Commission's conclusions and recommendations are critiqued in Parts V and VI.
Book Review Of The Place Of Families: Fostering Capacity, Equality, And Responsibility By Linda C. Mcclain, Karen Czapanskiy
Book Review Of The Place Of Families: Fostering Capacity, Equality, And Responsibility By Linda C. Mcclain, Karen Czapanskiy
Faculty Scholarship
No abstract provided.
What You Should Know Before You Leave The System, Dale Margolin Cecka
What You Should Know Before You Leave The System, Dale Margolin Cecka
Law Faculty Publications
Discharging young people from foster care with no place to go, no source of income, and no health insurance is not just wrong-it's illegal. Although every state's laws are different, all states have an obligation to make sure you are able to live on your own before forcing you to leave the foster care system. In New York, you can remain in foster care until you are 21. However, once you turn 18, you must agree to remain in care by either signing an agreement or telling the judge in court that you want to stay in care. You cannot …
How A Marriage Discrimination Amendment Would Disrespect Democracy In Minnesota, Anthony S. Winer
How A Marriage Discrimination Amendment Would Disrespect Democracy In Minnesota, Anthony S. Winer
Faculty Scholarship
The proposed marriage discrimination amendment to the Minnesota Constitution is profoundly anti-democratic. It is extremely wide-ranging in its scope, it obliterates the opportunity of the LGBT community to legislatively advance its interests in the area, it falsely assumes characteristics of the state judiciary that do not in fact exist, and it is drafted with language that is particularly hostile to LGBT concerns and democracy in general. It was a triumph for reason and democracy that this amendment was defeated in 2006. It should never be introduced again. In the unfortunate event that it is introduced again, it should be resoundingly …
Neither Dyad Nor Triad: Children’S Relationship Interests Within Kinship Caregiving Families., Sacha M. Coupet
Neither Dyad Nor Triad: Children’S Relationship Interests Within Kinship Caregiving Families., Sacha M. Coupet
Faculty Publications & Other Works
No abstract provided.
Essentially A Mother, Jennifer S. Hendricks
Essentially A Mother, Jennifer S. Hendricks
Publications
This article connects the constitutional jurisprudence of the family to debates over reproductive technology and surrogacy. Despite the outpouring of literature on reproductive technologies, courts and scholars have paid little attention to the constitutional foundation of parental rights. Focusing on the structural/political function of parental rights, this article argues that a gestational mother has a constitutional claim to be recognized as a legal parent.
The article first discusses the "unwed father cases." Despite believing that natural sex differences justified distinctions in parental rights, the Supreme Court crafted a test giving men parental rights if they established relationships with their biological …
The Geography Of Family Privacy, David D. Meyer
The Geography Of Family Privacy, David D. Meyer
Faculty Scholarship
No abstract provided.
Angelina And Madonna: Why All The Fuss? An Exploration Of The Rights Of The Child And Intercountry Adoption Within African Nations, Veronica S. Root
Angelina And Madonna: Why All The Fuss? An Exploration Of The Rights Of The Child And Intercountry Adoption Within African Nations, Veronica S. Root
Faculty Scholarship
No abstract provided.
Immigration Law And The Regulation Of Marriage, Kerry Abrams
Immigration Law And The Regulation Of Marriage, Kerry Abrams
Faculty Scholarship
No abstract provided.
Review Of Juvenile Delinquency: Causes And Control (2nd Edition) By Robert Agnew, Ryan Spohn
Review Of Juvenile Delinquency: Causes And Control (2nd Edition) By Robert Agnew, Ryan Spohn
Center on Children, Families, and the Law: Faculty Publications
Juvenile Delinquency: Causes and Control is a comprehensive text addressing the causes of, and responses to, a major social problem in modern American society. Although Robert Agnew is best known for his development of General Strain Theory, an individual level strain theory rooted in classical anomie theory and the more recent literature on stress, his broader record of publication denotes him as one of the premier theoretical analysts in the fields of criminology and juvenile delinquency. This text reflects his command of the discipline.
The book is oriented according to a number of themes. First, it is designed to be …
Development And Confirmatory Factor Analysis Of The Community Norms Of Child Neglect Scale, Rebecca Goodvin, David R. Johnson, Sam A. Hardy, Michelle Graef, Jeff M. Chambers
Development And Confirmatory Factor Analysis Of The Community Norms Of Child Neglect Scale, Rebecca Goodvin, David R. Johnson, Sam A. Hardy, Michelle Graef, Jeff M. Chambers
Center on Children, Families, and the Law: Faculty Publications
This article describes the development of the Community Norms of Child Neglect Scale (CNCNS), a new measure of perceptions of child neglect, for use in community samples. The CNCNS differentiates among four subtypes of neglect (failure to provide for basic needs, lack of supervision, emotional neglect, and educational neglect). Scenarios ranging in seriousness for each subtype were presented to a large community sample (N = 3,809). Confirmatory factor analyses indicated that a four-factor model provided a better fit to the data than did a model specifying only one overall neglect factor, suggesting this sample distinguished among the four subtypes of …
Military Disability Election And The Distribution Of Marital Property Upon Divorce, Michael T. Flannery
Military Disability Election And The Distribution Of Marital Property Upon Divorce, Michael T. Flannery
Faculty Scholarship
No abstract provided.
Concerns At The Margins Of Supervised Access To Children, Elizabeth Brandt
Concerns At The Margins Of Supervised Access To Children, Elizabeth Brandt
Articles
No abstract provided.
The Role Of The 'Natural Family' In Religious Opposition To Human Rights Instruments, Linda C. Mcclain
The Role Of The 'Natural Family' In Religious Opposition To Human Rights Instruments, Linda C. Mcclain
Faculty Scholarship
This chapter examines how the vision of the natural family articulated by several prominent conservativereligious organizations in the United States shapes their opposition to certain human rights instruments. TheUnited Nations' 1989 Convention on the Rights of the Child seems to reflect an advance in internationalhuman rights formulations and to have generated a high degree of formal commitment by governments, as evidenced by its quick and virtually universal ratification. However, the United States stands nearly alone innot having ratified the Convention, and the religious groups examined in this chapter strenuously urge that it should not do so, lest it undermine the …
No Chance To Prove Themselves: The Rights Of Mentally Disabled Parents Under The Americans With Disabilities Act And State Law, Dale Margolin Cecka
No Chance To Prove Themselves: The Rights Of Mentally Disabled Parents Under The Americans With Disabilities Act And State Law, Dale Margolin Cecka
Law Faculty Publications
This article explores the relationship between state child welfare laws that terminate parental rights and the federal Americans with Disabilities Act (ADA). The article begins by analyzing the application of the ADA to termination of parental rights proceedings against parents with mental disabilities. It then surveys state child welfare laws, focusing on the treatment of parents under New York State law. The article concludes by advocating for a change to reflect the principles of the ADA in state laws and in practice.
Women's Place: Urban Planning, Housing Design, And Work-Family Balance, Katharine B. Silbaugh
Women's Place: Urban Planning, Housing Design, And Work-Family Balance, Katharine B. Silbaugh
Faculty Scholarship
In the past decade a substantial literature has emerged analyzing the role of work-family conflict in hampering women's economic, social, and civil equality. Many of the issues we routinely discuss as work family balance problems have distinct spatial dimensions. 'Place' is by no means the main factor in work-family balance difficulties, but amongst work-family policy-makers it is perhaps the least appreciated. This article examines the role of urban planning and housing design in frustrating the effective balance of work and family responsibilities. Nothing in the literature on work-family balance reform addresses this aspect of the problem. That literature focuses instead …
Innovation Held Hostage: Has Federal Intervention Stifled Efforts To Reform The Child Welfare System?, Vivek Sankaran
Innovation Held Hostage: Has Federal Intervention Stifled Efforts To Reform The Child Welfare System?, Vivek Sankaran
Articles
The past thirty years have been marked by an increased federalization of child welfare law, which, like other areas of family law, traditionally remained within the sole purview of state legislatures. Despite increased oversight by the federal government, outcomes for foster children remain unacceptably poor The number of children in foster care has more than doubled over the past twenty-five years and reports of suspected maltreatment have skyrocketed. Children continue to stay too long in care and have too many placements. Case workers assigned to work with families and attorneys representing parents and children are overwhelmed and rarely provide meaningful …
"Unchain The Children": Gault, Therapeutic Jurisprudence, And Shackling, Bernard P. Perlmutter
"Unchain The Children": Gault, Therapeutic Jurisprudence, And Shackling, Bernard P. Perlmutter
Articles
No abstract provided.
Do You See What I See - Reflections On How Bias Infiltrates The New York City Family Court - The Case Of The Court Ordered Investigation, Leah A. Hill
Faculty Scholarship
That the Family Court is ill-equipped to address the needs of the hundreds of thousands of cases handled therein is not news. Exploding caseloads, complex problems, and minimal resources are just a few of the ingredients that combine to undermine the Court's ability to fulfill its promise. What has been given less attention until very recently is the extent to which the Family Court's failures disproportionately impact low-income families of color. Any analysis of the Court's impact or efficacy must consider the context I have described in my observations of the Court- the images of black and brown litigants hurrying …
Repairing Family Law, Clare Huntington
Repairing Family Law, Clare Huntington
Faculty Scholarship
Scholars in the burgeoning field of law and emotion have paid surprisingly little attention to family law. This gap is unfortunate because law and emotion has the potential to bring great insights to family law. This Article begins to fill this void, and inaugurate a larger debate about the central role of emotion in family law, by exploring the intriguing and significant consequences for the regulation of families that flow from a theory of intimacy first articulated by psychoanalytic theorist Melanie Klein. According to Klein, individuals love others, inevitably transgress against those they love out of hate and aggression, feel …
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
Hofstra Law Faculty Scholarship
The 2006 Report of New York State's Matrimonial Commission to Chief Judge Kaye (commonly know as the Miller Commission Report) recommended that New York begin to incorporate alternative dispute resolution into the State's fragmented and adversarial divorce system. This Comment argues that it should have more strongly recommended that divorce lawyers be mandated to discuss alternative dispute resolution, particularly mediation, with parent-clients before filing suit.
The Comment begins by describing the advice given to a parent client in the movie Kramer vs. Kramer and argues that that advice constitutes zealous advocacy as famously described by Henry Lord Brougham in Queen …
The 'Male Problematic' And The Problems Of Family Law: A Response To Don Browning's 'Critical Familism', Linda C. Mcclain
The 'Male Problematic' And The Problems Of Family Law: A Response To Don Browning's 'Critical Familism', Linda C. Mcclain
Faculty Scholarship
This essay explores the relationship between the male problematic and the problems of family law. The problem of fatherhood, or what religion scholar and marriage movement leader Don Browning calls the male problematic, is a central concern of that movement. The premise is that marriage addresses a core societal challenge - binding men to the mothers of the children they foster and securing men's paternal investment in those children. The essay responds to Browning's review (in 56 Emory Law Journal 1383 (2007)) of my book, The Place of Families: Fostering Capacity, Equality, and Responsibility (Harvard University Press, 2006), in which …
A National Putative Father Registry, Wells Conference On Adoption Law, Mary M. Beck
A National Putative Father Registry, Wells Conference On Adoption Law, Mary M. Beck
Faculty Publications
This Article will discuss the mechanics of putative father registries, review jurisdictional issues, analyze the policies behind their development, and review relevant case law over the last 5 years.
Representing Victims Of Domestic Violence In Property Distribution Proceedings After The Bankruptcy Abuse Prevention And Consumer Protection Act Of 2005, Elizabeth Brandt
Representing Victims Of Domestic Violence In Property Distribution Proceedings After The Bankruptcy Abuse Prevention And Consumer Protection Act Of 2005, Elizabeth Brandt
Articles
No abstract provided.
Michigan Cip Reassessment: How Michigan Courts Handle Child Protection Cases - A Report Summary, Muskie School Of Public Service
Michigan Cip Reassessment: How Michigan Courts Handle Child Protection Cases - A Report Summary, Muskie School Of Public Service
Children, Youth, & Families
This summary is drawn from the 2005 report, Michigan Court Improvement Program Reassessment, and represents the results of that study.