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Articles 1 - 19 of 19
Full-Text Articles in Law
Eldercaring Coordination: The New Dispute Resolution Process To Address The Age-Old Problem Of Old-Age, Fran L. Tetunic
Eldercaring Coordination: The New Dispute Resolution Process To Address The Age-Old Problem Of Old-Age, Fran L. Tetunic
Pepperdine Dispute Resolution Law Journal
Eldercaring Coordination refers to a dispute resolution process which seeks to address the needs of senior family members. This new process aims to solve conflicts concerning the lives and finances of aging family members. It arises from the need to provide elders a voice in important decisions concerning their lives and guide families in high conflict disputes towards productive decision-making focused on the best interests of the elderly. The eldercaring coordinator works with legally-authorized decision-makers and other participants to resolve disputes related to an elderly person’s safety and autonomy. The United Nations recognizes eldercaring coordination as an Action Model for …
The Independent Existence: A Look At Florida's Wrongful Death Statute In The Wake Of Dobbs And Changing State Abortion Laws., Katherine Bolliger
The Independent Existence: A Look At Florida's Wrongful Death Statute In The Wake Of Dobbs And Changing State Abortion Laws., Katherine Bolliger
Child and Family Law Journal
Following the Supreme Court’s overturning of the federally mandated fundamental right to abortion founded in Roe1 and Casey,2 the decision of whether a woman may terminate a pregnancy has returned to the states with the current Court’s implementation of Dobbs v. Jackson Woman’s Health.3 In Florida, the state government decided to reduce the gestational age for termination to fifteen weeks in July 2022, and further reduced the gestational age to six weeks in April 2023 provided that the Florida Supreme Court upholds the fifteen week ban.4 This note operates under the fifteen week standard …
Florida's Baker Act Laws: How Florida's Excessive Use Of Baker Acts Can Be Harmful To Children, Kaitlin Gibbs
Florida's Baker Act Laws: How Florida's Excessive Use Of Baker Acts Can Be Harmful To Children, Kaitlin Gibbs
Gator TeamChild Juvenile Law Clinic
The goal of this White Paper is to provide an overview of Florida’s Baker Act Laws. Additionally, this White Paper will show how the excessive use of Baker Acts in Florida can have harmful effects on children, especially those in the dependency system, and potential solutions to reform the Baker Act process.
The Elimination Of Child “Custody” Litigation: Using Business Branding Techniques To Transform Social Behavior, Elena B. Langan
The Elimination Of Child “Custody” Litigation: Using Business Branding Techniques To Transform Social Behavior, Elena B. Langan
Elena B. Langan
This article discusses how rebranding principles, already being used to alter social behavior in other non-consumer contexts, could be utilized to accomplish the legislative goal to reduce litigation as well as diminish animosity in custody cases. Part II of this article discusses the impetus for a transformation in the way parents view custody disputes. Part III discusses basic branding principles and how companies establish a brand and can successfully change their branding. Part IV explores the evolution of the current custody brand, identifies eight states that have eliminated “custody” and, in some cases, “visitation” from their vernacular, and discusses, in …
The Stereotyped Offender: Domestic Violence And The Failure Of Intervention [Batterer Intervention Program (Bip) Standards Data, As Of 2015], Carolyn B. Ramsey
The Stereotyped Offender: Domestic Violence And The Failure Of Intervention [Batterer Intervention Program (Bip) Standards Data, As Of 2015], Carolyn B. Ramsey
Research Data
These 19 comparative data tables relating to state and local certification standards for batterer intervention programs (BIPs), as of 2015, are electronic Appendices B-T to Carolyn B. Ramsey, The Stereotyped Offender: Domestic Violence and the Failure of Intervention, 120 Penn. St. L. Rev. 337 (2015), available at http://scholar.law.colorado.edu/articles/56/. Appendix A is not reproduced here because it simply contains citations to the state and local standards, but it is published with the journal article.
Breaking Up Is Hard To Do: Developments In Partitioning Real And Personal Property In Marital, Business, And Personal Relationships In Florida Jurisprudence, Harry M. Hipler
University of Miami Business Law Review
This article focuses on partition of real and personal property in Florida in the 21st century. It discusses questions and issues about partitioning real and personal property, so that private lawyers who practice in a variety of areas can familiarize themselves with how partition proceedings work. Partition of real and personal property is not restricted to one area of the law. Instead, it relates to and bleeds over into a multitude of areas of the law making it necessary for all practitioners to be familiar with the area of partition. Partition is now provided in all 50 states, and Florida’s …
The Elimination Of Child “Custody” Litigation: Using Business Branding Techniques To Transform Social Behavior, Elena B. Langan
The Elimination Of Child “Custody” Litigation: Using Business Branding Techniques To Transform Social Behavior, Elena B. Langan
Pace Law Review
This article discusses how rebranding principles, already being used to alter social behavior in other non-consumer contexts, could be utilized to accomplish the legislative goal to reduce litigation as well as diminish animosity in custody cases. Part II of this article discusses the impetus for a transformation in the way parents view custody disputes. Part III discusses basic branding principles and how companies establish a brand and can successfully change their branding. Part IV explores the evolution of the current custody brand, identifies eight states that have eliminated “custody” and, in some cases, “visitation” from their vernacular, and discusses, in …
10 Years Out Of Step & Out Of Line: Florida’S Statutory Ban Of “Lesbi-Gay Adoption” Violates The Adoption And Safe Families Act Of 1997 (Asfa), Cynthia G. Hawkins-León, Anesha Worthy
10 Years Out Of Step & Out Of Line: Florida’S Statutory Ban Of “Lesbi-Gay Adoption” Violates The Adoption And Safe Families Act Of 1997 (Asfa), Cynthia G. Hawkins-León, Anesha Worthy
University of Maryland Law Journal of Race, Religion, Gender and Class
No abstract provided.
Alimony For Men -- The Changing Law, Pamela Joy Smith
Alimony For Men -- The Changing Law, Pamela Joy Smith
Florida State University Law Review
No abstract provided.
Closing The Custody Floodgate: Florida Adopts The Uniform Child Custody Jurisdiction Act, Barry Kutun, Roberta Fox
Closing The Custody Floodgate: Florida Adopts The Uniform Child Custody Jurisdiction Act, Barry Kutun, Roberta Fox
Florida State University Law Review
No abstract provided.
Department Of Health And Rehabilitative Services V. Herzog, 317 So. 2d 865 (Fla. 2d Dist. Ct. App. 1975), M. Catherine Lannon
Department Of Health And Rehabilitative Services V. Herzog, 317 So. 2d 865 (Fla. 2d Dist. Ct. App. 1975), M. Catherine Lannon
Florida State University Law Review
Constitutional Law- ADOPTION- FATHER OF AN ILLEGITIMATE CHILD IS NOT NECESSARILY ENTITLED TO NOTICE IN ADOPTION PROCEEDINGS.
Florida's No-Fault Divorce: Is It Really No-Fault?, Mary F. Clark
Florida's No-Fault Divorce: Is It Really No-Fault?, Mary F. Clark
Florida State University Law Review
No abstract provided.
Niles V. Niles, 299 So. 2d 162 (Fla. 2d Dist. Ct. App. 1974), C. Anthony Cleveland
Niles V. Niles, 299 So. 2d 162 (Fla. 2d Dist. Ct. App. 1974), C. Anthony Cleveland
Florida State University Law Review
Child Custody- INTERRACIAL MARRIAGE MAY BE CONSIDERED IN FRAMING CUSTODY MODIFICATION ORDERS.
Conflicts Of Law-Divorce-Res Judicata Effect Of Decree As To Third Parties, Paul M.D. Harrison S.Ed.
Conflicts Of Law-Divorce-Res Judicata Effect Of Decree As To Third Parties, Paul M.D. Harrison S.Ed.
Michigan Law Review
Respondent had applied for a determination of petitioner's rights under the New York Decedent Estate Law, which provides for the widow taking a statutory one-third share in her husband's estate after his decease. Respondent contended that petitioner was not a widow of decedent, as the prior divorce awarded against decedent in Florida was void because of failure to satisfy residence requirements. The evidence showed that the residence requirements had not been met, but also showed both of the parties to the divorce to have made appearances in the Florida court. The trial and intermediate courts held that respondent had no …
Divorce - Alimony - Enforcement And Interpretation Of Foreign Decree For Payment Of Alimony In Installments, David Davidoff
Divorce - Alimony - Enforcement And Interpretation Of Foreign Decree For Payment Of Alimony In Installments, David Davidoff
Michigan Law Review
Plaintiff brought suit in Georgia to enforce a final divorce decree obtained by her husband in Florida. The decree granted plaintiff $30 a week for the support of herself and three minor children placed in her custody. It further provided that if the plaintiff should remarry, the weekly payments should be reduced to $22.50, and that when any child married or reached maturity, the weekly payments should be reduced $7.50 for each such child. Plaintiff sought to recover $30 per week for 129 weeks. Her husband claimed that plaintiff should recover only $7.50 per week for her own support because …
Injunctions - Power To Restrain Foreign Divorce Proceedings Declaratory Judgment As Adequate Legal Remedy, Michigan Law Review
Injunctions - Power To Restrain Foreign Divorce Proceedings Declaratory Judgment As Adequate Legal Remedy, Michigan Law Review
Michigan Law Review
Plaintiff petitioned a New York court to restrain her husband from prosecuting an action for divorce in a Florida court, alleging that the parties were married in New York, had lived there as husband and wife for twelve years, were still residents of New York, and that the defendant's business was located in the state. The complaint also alleged that the defendant had abandoned the plaintiff without cause; that plaintiff could not bear the expense of defending the Florida action and, in the event of judgment, would lose her status as wife and her concomitant property rights. Held, this …
Municipal Corporations - Police Power - Regulation Of Auctions, Keith P. Bondurant
Municipal Corporations - Police Power - Regulation Of Auctions, Keith P. Bondurant
Michigan Law Review
A municipal ordinance provided that only licensed auctioneers or owners of the goods, after furnishing bond, could conduct auction sales in the city. It further required the seller to accept the best of two or more bids, required labeling of all articles to be sold, advance published notice of the auction, a display and opportunity for examination before the sale, and the confining of the sale to certain hours of the day. Plaintiff, a corporation occasionally selling furniture by auction at its permanent business location, objected to these restrictions as an arbitrary interference with its conduct of a lawful trade. …
Conflict Of Laws - Foreign Marriage - Dower
Conflict Of Laws - Foreign Marriage - Dower
Michigan Law Review
Plaintiff was divorced in the District of Columbia on the ground of her adultery with defendant's intestate. A statute of the District provided that the innocent party only may remarry. With no intention of evading the statute, plaintiff and defendant's intestate established a domicil in Florida and were there married. On the death of the latter in the District of Columbia, plaintiff claimed a dower interest in real estate located there. Held, plaintiff can recover. Loughran v. Loughran, 292 U. S. 216, 54 Sup. Ct. 684 (1934), reversing Loughran v. Loughran, (App. D. C. 1933) 66 F. …
Crimes-Mistake Of Facts Of A Defense
Crimes-Mistake Of Facts Of A Defense
Michigan Law Review
The defendant was convicted of bigamy under the usual statute (in this case, Fla. Comp, L., 1927, secs. 7559-7660) punishing as bigamous any person remarrying while the former spouse was still living, unless that spouse had been absent three years, the party remarrying not knowing the other to be alive during that time, or unless a legal divorce had been granted. The defense was, that as the defendant's first wife had told him and others that she had secured a divorce and had remarried, and had introduced to him her second husband, he honestly believed her. It was held, …