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Articles 31 - 60 of 351
Full-Text Articles in Law
The "F" Factor: Fineman As Method And Substance, Nancy Dowd
The "F" Factor: Fineman As Method And Substance, Nancy Dowd
Nancy Dowd
In this book review, Professor Dowd reviews Feminist and Queer Legal Theory: Intimate Encounters, Uncomfortable Conversations, edited by Martha Albertson Fineman, Jack E. Johnson, and Adam P. Romero (2009). Professor Dowd exposes the particular impact of the “F” factor by first describing the contributions of this volume and then exploring the methodological and substantive aspects of the “F” factor.
Multiple Parents/Multiple Fathers, Nancy E. Dowd
Multiple Parents/Multiple Fathers, Nancy E. Dowd
Nancy Dowd
Multiple parents, especially multiple fathers, are a social reality but not a legal category. The assumption that every child has, or should have, two, but only two, parents remains a core operating assumption of family law. Yet at the same time, our knowledge of the existence of multiple fathers, whether birthfathers, stepfathers, psychological fathers or other categories, has found some reflection in cases that have granted some relational rights to fathers who do not fill the single place allotted for "legal father." In this Article, Professor Dowd proposes that it is time to think not if, but how, to recognize …
Foreword - A Dedication To Barbara Bennett Woodhouse, Nancy E. Dowd
Foreword - A Dedication To Barbara Bennett Woodhouse, Nancy E. Dowd
Nancy Dowd
Families and family law are at the cutting edge of social policy. As we navigate through difficult times, we are reminded not only of the importance of families, but also of their vulnerability. The challenge for family law and policy is to remain responsive and relevant. This requires that we confront the realities of families, their needs and issues. We live in times of enormous diversity in family forms. That reality is frightening and worrisome to some, but reminds us that it is how families function, rather than what they look like, that is most important. Embracing function over form …
Parentage At Birth: Birthfathers And Social Fatherhood, Nancy E. Dowd
Parentage At Birth: Birthfathers And Social Fatherhood, Nancy E. Dowd
Nancy Dowd
Deciding who should be a child's legal parents at birth seems a simple task. Instinctively, the answer is the child's biological mother and father. Historically, the answer would have been different depending on whether the child was born within a marriage or not; marriage trumped biology, at least with respect to fathers. A husband was generally presumed to be the father of a child born to his wife, even if there was no genetic connection. A number of changes have moved parentage away from the marital/genetic/patriarchal model that valued the marital family above genes or social fatherhood. Modern principles of …
(Re)Constructing The Framework Of Work/Family, Nancy E. Dowd
(Re)Constructing The Framework Of Work/Family, Nancy E. Dowd
Nancy Dowd
When we talk about the connections between work, family, and marriage, what are our assumptions or our implicit model? In this essay, I hope to expose the importance of questioning the framework within which we operate. Marriage continues to be a core focus of the typical family law course. As a matter of public policy, supporting and valuing marriage, and concern about the conflict between work and family because of the strains it imposes on marriage, makes balancing work and family within a marital framework a focus of law and policy. In this essay, I argue that we need to …
The Role Of Legal Education In The Emerging Legal Specialty Of Pediatric Law, Diane C. Geraghty
The Role Of Legal Education In The Emerging Legal Specialty Of Pediatric Law, Diane C. Geraghty
Diane C. Geraghty
No abstract provided.
Undocumented Children And Families In America: An Interdisciplinary Exploration Of Challenges And Emerging Opportunities, Diane C. Geraghty
Undocumented Children And Families In America: An Interdisciplinary Exploration Of Challenges And Emerging Opportunities, Diane C. Geraghty
Diane C. Geraghty
No abstract provided.
Psychological Mechanisms Underlying Support For Juvenile Sex Offender Registry Laws: Prototypes, Moral Outrage, And Perceived Threat, Margaret C. Stevenson, Cynthia J. Najdowski, Jessica M. Salerno, Tisha R.A. Wiley, Bette L. Bottoms, Katlyn S. Farum
Psychological Mechanisms Underlying Support For Juvenile Sex Offender Registry Laws: Prototypes, Moral Outrage, And Perceived Threat, Margaret C. Stevenson, Cynthia J. Najdowski, Jessica M. Salerno, Tisha R.A. Wiley, Bette L. Bottoms, Katlyn S. Farum
Psychology Faculty Scholarship
We investigated whether and how a juvenile’s history of experiencing sexual abuse affects public perceptions of juvenile sex offenders in a series of 5 studies. When asked about juvenile sex offenders in an abstract manner (Studies 1 and 2), the more participants (community members and undergraduates) believed that a history of being sexually abused as a child causes later sexually abusive behavior, the less likely they were to support sex offender registration for juveniles. Yet when participants considered specific sexual offenses, a juvenile’s history of sexual abuse was not considered to be a mitigating factor. This was true when participants …
Summary Of In Re Parental Rights As To A.L., 130 Nev. Adv. Op. 91, Stephanie Bedker
Summary Of In Re Parental Rights As To A.L., 130 Nev. Adv. Op. 91, Stephanie Bedker
Nevada Supreme Court Summaries
The Court determined that (1) when seeking to maintain parental rights, parents have a right to bring material evidence rebutting a NRS 432B.450 presumption that a child is in need of protection; and (2) that district courts cannot rely on juvenile court findings of intentional abuse to terminate parental rights where such evidence has been improperly excluded.
Murder, Suicide, And The Fight Over An Inheritance, Joanna L. Grossman
Murder, Suicide, And The Fight Over An Inheritance, Joanna L. Grossman
Hofstra Law Faculty Scholarship
The seven-year marriage between Brandy and Joshua Matthews ended in tragedy. He shot and killed her before turning the gun on himself. There were no criminal charges arising out of this tragedy since the murderer died alongside the victim. But there was a civil fight over inheritance, raising the question whether Brandy’s family should inherit from Joshua’s estate. In a unanimous opinion, the Alabama Supreme Court said no -
Appellate Division, Second Department, Langan V. St. Vincent's Hospital Of New York, Christin Harris
Appellate Division, Second Department, Langan V. St. Vincent's Hospital Of New York, Christin Harris
Touro Law Review
No abstract provided.
Supreme Court, Tompkins County, Seymour V. Holcomb, Jessica Goodwin
Supreme Court, Tompkins County, Seymour V. Holcomb, Jessica Goodwin
Touro Law Review
No abstract provided.
In Re Sanders And The Resurrection Of Stanley V. Illinois, Josh Gupta-Kagan
In Re Sanders And The Resurrection Of Stanley V. Illinois, Josh Gupta-Kagan
Faculty Publications
In 1972, the Supreme Court in Stanley v. Illinois declared that parents are entitled to a hearing on their fitness before the state places their children in foster care. Somewhat oddly, Stanley went on to be cited as a leading case regarding the rights of unwed fathers to object to private adoptions favored by mothers -- an issue not present in Stanley. Odder still, most states routinely violated Stanley in child welfare cases -- the context in which the Stanley rule arose. Most states apply the "one parent doctrine," which holds that finding one parent unfit justifies taking the child …
The Informal Property Rights Of Boomerang Children In The Home, Shelly Kreiczer-Levy
The Informal Property Rights Of Boomerang Children In The Home, Shelly Kreiczer-Levy
Maryland Law Review
Adult children living with their parents represent an increasingly common social phenomenon in the United States that challenges the boundaries of both the family and formal property rights. What is the legal status of adult children living with their parents? Do parents have any additional duties when they rescind permission for their child to live with them? Property and family scholars have not addressed this important issue. This Article fills the void. Instead of treating people who live together as strangers, owing no legal obligations to one another, I argue that under certain conditions living with others creates a property …
Federal Visions Of Private Family Support, Laura A. Rosenbury
Federal Visions Of Private Family Support, Laura A. Rosenbury
Vanderbilt Law Review
The individual states have long played a primary role in defining the legal family in the United States, with states often determining who does and does not enjoy the legal status of spouse, parent, and child. Two recent U.S. Supreme Court cases, Astrue v. Capatol and United States v. Windsor,2 acknowledged and affirmed the diverse definitions of family that flow from this federalist approach. Yet these cases do not solidify the states' place in defining family for purposes of marriage, parentage, divorce, and death. Instead, they foreshadow an increasingly federal conception of family status-a conception that values private family support …
Federal Visions Of Private Family Support, Laura A. Rosenbury
Federal Visions Of Private Family Support, Laura A. Rosenbury
UF Law Faculty Publications
This Article offers a new perspective on the relationship between family and federalism by analyzing why the government — whether state or federal — recognizes family at all. The Article examines the current balance between state and federal authority over family by reviewing the Supreme Court’s recent decisions in Astrue v. Capato, upholding the Social Security Administration’s deference to states’ intestacy laws when distributing benefits to posthumously conceived children, and United States v. Windsor, in which the Court struck down a provision of the federal Defense of Marriage Act. Although each decision affirmed the states’ primary role in defining family …
5. American Professional Society On The Abuse Of Children In Support Of Petitioner, Ohio V. Clark (Merits), Thomas D. Lyon
5. American Professional Society On The Abuse Of Children In Support Of Petitioner, Ohio V. Clark (Merits), Thomas D. Lyon
Thomas D. Lyon
No abstract provided.
The Internet Is The New Public Forum: Why Riley V. California Supports Net Neutrality, Adam Lamparello
The Internet Is The New Public Forum: Why Riley V. California Supports Net Neutrality, Adam Lamparello
Adam Lamparello
Technology has ushered civil liberties into the virtual world, and the law must adapt by providing legal protections to individuals who speak, assemble, and associate in that world. The original purposes of the First Amendment, which from time immemorial have protected civil liberties and preserved the free, open, and robust exchange of information, support net neutrality. After all, laws or practices that violate cherished freedoms in the physical world also violate those freedoms in the virtual world. The battle over net neutrality is “is absolutely the First Amendment issue of our time,” just as warrantless searches of cell phones were …
Ban Harms Georgia Kids, Tanya Washington
Ban Harms Georgia Kids, Tanya Washington
Tanya Monique Washington
No abstract provided.
Saving Face: Acid Attack Laws After The U.N. Convention On The Elimination Of All Forms Of Discrimination Against Women, Lisa M. Taylor
Saving Face: Acid Attack Laws After The U.N. Convention On The Elimination Of All Forms Of Discrimination Against Women, Lisa M. Taylor
Georgia Journal of International & Comparative Law
No abstract provided.
What God Has United Man Will Now Divide: Divorce Referendum Changes Law Of 60 Years, Laura A. Marshall
What God Has United Man Will Now Divide: Divorce Referendum Changes Law Of 60 Years, Laura A. Marshall
Georgia Journal of International & Comparative Law
No abstract provided.
There's No Place Like Home. Determining Habitual Residence: Feder V. Evans-Feder, Katherine V. Hung
There's No Place Like Home. Determining Habitual Residence: Feder V. Evans-Feder, Katherine V. Hung
Georgia Journal of International & Comparative Law
No abstract provided.
Law In Ancient Egyptian Fiction, Russ Versteeg
Law In Ancient Egyptian Fiction, Russ Versteeg
Georgia Journal of International & Comparative Law
No abstract provided.
Throwing Black Babies Out With The Bathwater: A Child-Centered Challenge To Same-Sex Adoption Bans, Tanya Washington
Throwing Black Babies Out With The Bathwater: A Child-Centered Challenge To Same-Sex Adoption Bans, Tanya Washington
Tanya Monique Washington
No abstract provided.
Once Born, Twice Orphaned: Children's Constitutional Case Against Same-Sex Adoption Bans, Tanya Washington
Once Born, Twice Orphaned: Children's Constitutional Case Against Same-Sex Adoption Bans, Tanya Washington
Tanya Monique Washington
No abstract provided.
Loving Grutter: Recognizing Race In Transracial Adoptions, Tanya Washington
Loving Grutter: Recognizing Race In Transracial Adoptions, Tanya Washington
Tanya Monique Washington
No abstract provided.
Suffer Not The Little Children: Prioritizing Children's Rights In Constitutional Challenges To "Same-Sex Adoption Bans", Tanya Washington
Suffer Not The Little Children: Prioritizing Children's Rights In Constitutional Challenges To "Same-Sex Adoption Bans", Tanya Washington
Tanya Monique Washington
No abstract provided.
Amicus Brief In United States V. Windsor By Scholars For The Recognition Of Children's Constitutional Rights, Tanya Washington, Catherine Smith, Susannah Pollvogt
Amicus Brief In United States V. Windsor By Scholars For The Recognition Of Children's Constitutional Rights, Tanya Washington, Catherine Smith, Susannah Pollvogt
Tanya Monique Washington
No abstract provided.
What About The Children? Child-Centered Challenges To Same-Sex Marriage Bans, Tanya Washington
What About The Children? Child-Centered Challenges To Same-Sex Marriage Bans, Tanya Washington
Tanya Monique Washington
No abstract provided.
Family Law: The Legal Ordering Of Intimate Relations, Tanya Washington
Family Law: The Legal Ordering Of Intimate Relations, Tanya Washington
Tanya Monique Washington
No abstract provided.