Law Commons^™

Minors, Parents, And Minor Parents, Maya Manian

Maya Manian

Puzzling Over Children's Rights, John Coons, Robert Mnookin, Stephen Sugarman

John Coons

This Article Discusses the Movement Started in The 1960's to Improve Children's Legal Rights and How They are Treated Under the Law. The Authors Explore the Intellectual Foundations of Our Conventions About Children and Share Some of The Puzzles that They Have Identified. They Discuss When Childhood Begins and Ends, Whether Children are Worse off or Better off Now Than in The Past, and Whether the Purpose of Childhood is Only a Concern of The Present or Is It Preparation for Future Adulthood. They Discuss Children's Entitlements to The Goods of The World in Relation to Their Parents, Other Adults, …

Your Right To Privacy And Children's Rights/Family Law: A Selective Bibliography, Sandra Klein

Sandra S. Klein

In a society increasingly aware of real or perceived social inequities, it is not surprising to note a greater concern for the rights of children and their families. It is also apparent that privacy issues are an integral subset of the larger social sphere of interests. Privacy aspects can be seen to be involved pervasively throughout the area of law dealing with children and families, especially in view of the fact that there is obvious potential for conflict not only between families and the state, but between children and the families of which they are a part

Voices Lost And Found: Training Ethical Lawyers For Children, William Kell

William Kell

Symposium: Law and the New American Family Held at Indiana University School of Law Apr. 4, 1997

The Silent Enemy: Current Practices For Healthcare Professionals In The Identification And Reporting Of Psychological Harm In Cases Of Domestic Violence., Matthew Raj, Ellie Mckay

Matthew Raj

Awareness and recognition of domestic violence in Australia is increasing. In 2014, the Victorian Government appointed Fiona Richardson as the first Minister for the Prevention of Family Violence and Australian domestic violence campaigner Rosie Batty, whose 11-year-old son Luke was killed by her husband, was named 2015 Australian of the Year. Also, a Special Taskforce chaired by Former Governor-General Quentin Bryce has been formed to conduct an extensive review of domestic violence in Queensland and legislative reforms have been implemented that adopt a broader concept and definition of domestic violence which include psychological harm. Despite these developments, the ability of …

The Respectable Dignity Of Obergefell V. Hodges, Yuvraj Joshi

Yuvraj Joshi

In declaring state laws that restrict same-sex marriage unconstitutional, Justice Kennedy invoked “dignity” nine times—to no one’s surprise. References in Obergefell to “dignity” are in important respects the culmination of Justice Kennedy’s elevation of the concept, dating back to the Supreme Court’s 1992 decision in Planned Parenthood v. Casey. In Casey, “dignity” expressed respect for a woman’s freedom to make choices about her pregnancy. Casey laid the foundation for Lawrence v. Texas, which similarly respected the freedom of choice of homosexual persons. Yet, starting in United States v. Windsor and continuing in Obergefell, the narrative began to change. Dignity veered …

Joint Custody As A Statutory Presumption: California's New Civil Code Sections 4600 And 4600.5, Nancy Lemon

Nancy K.D. Lemon

On January 1, 1980, California, in enacting Civil Code sections 4600 and 4600.5, became the first state in the nation to operate under statutes not only authorizing joint custody awards upon divorce, but also establishing a presumption that joint custody is in the best interests of the child when both parents request it. This Article will examine the history of joint custody and of the legislative process, present guidelines for judicial interpretation, and undertake an analysis of the implications for women in the new statutes.

Between Home And School, Laura Rosenbury

Laura A. Rosenbury

This article challenges family law's traditional paradigm for allocating authority between parents, children and the state. Pursuant to that paradigm, parents enjoy almost complete authority over their children while at home; the state may require children to attend school and may regulate school curricula; and children must submit to the authority of either their parents or teachers. This settled equilibrium ignores a fundamental reality: children are not confined to home and school. Much of childhood takes place in spaces between home and school, at playgrounds, churches, sporting fields, music rooms and after-school clubs. Family law has been virtually silent about …

The New Battleground For Same-Sex Couples Is Equal Rights For Their Kids, Tanya Washington

Tanya Monique Washington

No abstract provided.

Locked In: Interactions With The Criminal Justice And Child Welfare Systems For Lgbtq Youth, Ymsm, And Ywsw Who Engage In Survival Sex, Brendan M. Conner Esq.

Brendan M. Conner

From Genes, Marriage And Money To Nurture: Redefining Fatherhood, Nancy Dowd

Nancy Dowd

Genes should not define fatherhood. This is wrong for men, and wrong for children. Genes define identity, but that link should be separated from the obligations and rights of parenthood. Specifically, I argue that fatherhood should be defined by doing (action) instead of being (status), with the critical component being acts of nurturing. In this essay I define in more detail this concept of fatherhood and its characteristics; discuss the consequences related to genetic ties; and consider the policy implications of defining fatherhood around nurture when genetic ties can be established for all children. It is critical throughout to remain …

'Til Death Do Us Part ... After That, My Dear, You're On Your Own: A Practitioner's Guide To Disinheriting A Spouse In Illinois, 29 S. Ill. U. L.J. 207 (2005), Ronald Domsky

Ronald Z. Domsky

No abstract provided.

Better Safe? Why Obergefell Matters Before Court Rules, Tanya Washington

Tanya Monique Washington

No abstract provided.

Termination Of Parental Rights, J. Smithburn

J. Eric Smithburn

No abstract provided.

Economics Of Family Law, 2 V., Margaret Brinig

Margaret F Brinig

Economists have studied numerous fields of law for many years, but family law was virtually neglected until the early 1970s. It was only relatively recently that economic insights about the family crept into the consciousness of those involved in legal research. The articles within this book explore a range of family law issues and include discussions on a variety of topics including cohabitation, births outside marriage, courtship, premarital contracting, marriage and parenting. The volume includes papers on the division of responsibilities between family and state, the effects of no-fault divorce, alimony, property division and child custody. There are also works …

An Invitation To Family Law: Principles, Process, And Perspectives. 3rd Edition., Margaret Brining, Carl Schneider

Margaret F Brinig

Invitation to Family Law contains such materials as briefs, literary treatments of marriage, divorce, and parenting, and simulated case files from families involved in the social service system. This work reflects the contrasting backgrounds and interests of the authors including constitutional theory, moral philosophy, and the literary tradition of law, community and family. It also presents law and economics, feminist theory and application of legal theory to many practical family law problems. You’ll see the authors’ common fascination with history, concern with fairness (and fair treatment of the issues), and genuine love of the subject that motivated this work

Family, Law, And Community: Supporting The Covenant, Margaret Brinig

Margaret F Brinig

In the wake of vast social and economic changes, the nuclear family has lost its dominance, both as an ideal and in practice. Some welcome this shift, while others see civilization itself in peril—but few move beyond ideology to develop a nuanced understanding of how families function in society. In this provocative book, Margaret F. Brinig draws on research from a variety of disciplines to offer a distinctive study of family dynamics and social policy. Concentrating on legal reform, Brinig examines a range of subjects, including cohabitation, custody, grandparent visitation, and domestic violence. She concludes that conventional legal reforms and …

From Contract To Covenant: Beyond The Law And Economics Of The Family, Margaret Brinig

Margaret F Brinig

This book is the first systematic account of the law and economics of the family. It explores the implications of economics for family law--divorce, adoption, breach of promise, surrogacy, prenuptial agreements, custody arrangements--and its limitations. Before a family forms, prospective partners engage in a kind of market activity that involves searching and bargaining, for which the economic analysis of contract law provides useful insights. Once a couple marries, the individuals become a family and their decisions have important consequences for other parties, especially children. As a result, the state and community have vital interests in the family. Although it may …

Two Treatments Of Pluralism: Canada And The United States, Margaret Brinig

Margaret F Brinig

This paper explores differences between the Canadian and US treatment of pluralism in the context of family status and minority groups. Very rudimentary empirical analysis explores the different outcomes for African-American and Quebecois youth.

The Responsibility Of Victory: Confronting The Systemic Subordination Of Lgbt Youth And Considering A Positive Role For The State, Julie Nice

Julie A. Nice

In light of the stunning cascade of recent victories ending some aspects of sexual orientation discrimination, this article calls for both the LGBT Rights Movement and the State to take responsibility for ending the systemic subordination of LGBT youth. This article’s first section synthesizes the alarming data demonstrating the disproportionate harms suffered by LGBT youth within the very institutions designed to protect them. Professor Nice categorizes these experiences as including rejection by families, hostility from faith communities, harshness from the child welfare and juvenile justice systems, harassment in schools, and destitution and violence on the streets. She further argues that …

The Law's Duty To Promote The Kinship System: Implications For Assisted Reproductive Techniques And For Proposed Redefinitions Of Familial Relations, Scott T. Fitzgibbon

Scott T. FitzGibbon

Kinship relations, in our society and in most, are organized systematically. That is to say, each kinship connection is constructed, conducted, and considered, not in isolation but by reference to the others. Your uncle is your father’s brother, in just about the same way as your own sibling is your brother and your children are one another’s brothers and sisters. Your spouse is the mother or father of your children, in just about the same way as your mother and father are your parents and the parents of your siblings. One’s beliefs and expectations about what each kinship relationship entails …

The Crisis Of Child Custody: A History Of The Birth Of Family Law In England, Danaya Wright

Danaya C. Wright

This article attempts to show that the inter-spousal custody cases of the nineteenth century created such a crisis in equity that they eventually demanded a new court structure and a new set of legal doctrines. The custody cases posed such a profound threat to the stability and authority of the Chancery courts that within fifty years an entirely new court system was required. That court system combined the tripartite jurisdictions of the law, equity, and ecclesiastical courts in matrimonial matters. While many scholars and historians have applauded that moment, I would suggest that the new court was merely a way …

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.

Famigration (Fam Imm): The Next Frontier In Immigration Law, Kari E. Hong

Kari E. Hong

The recently published article, Immigration’s Family Values by Professor Kerry Abrams and R. Kent Piacenti, and the forthcoming Removing Citizens: Parenthood, Citizenship, and Immigration Courts by Kari Hong examine how, when, and why immigration law uses a different definition of family than the one used in state courts. Despite their differences, in conversation, these two pieces highlight how the Department of Homeland Security likely is either following misguided policies or pursuing improper objectives when creating a federal family law. Crimmigration (Crim Imm) scholarship successfully identified the ways in which the (purported) civil proceedings of immigration law needed the extra constitutional …

Natural Law And The Rights Of The Family, Robert Araujo

Robert J. Araujo S.J.

No abstract provided.

Steps Toward Safety: Improving Systemic And Community Responses For Families Experiencing Domestic Violence, Leigh Goodmark, Ann Rosewater

Leigh S. Goodmark

This report is designed to mine the lessons learned from the research and reforms in child welfare and domestic violence, as well as explore possibilities for the next generation of innovation.

Law Is The Answer? Do We Know That For Sure? Questioning The Efficacy Of Legal Interventions For Battered Women, Leigh Goodmark

Leigh S. Goodmark

No abstract provided.

A Troubled Marriage: Domestic Violence And The Legal System, Leigh Goodmark

Leigh S. Goodmark

The development of a legal regime to combat domestic violence in the United States has been lauded as one of the feminist movement’s greatest triumphs. But, Leigh Goodmark argues, the resulting system is deeply flawed in ways that prevent it from assisting many women subjected to abuse. The current legal response to domestic violence is excessively focused on physical violence; this narrow definition of abuse fails to provide protection from behaviors that are profoundly damaging, including psychological, economic, and reproductive abuse. The system uses mandatory policies that deny women subjected to abuse autonomy and agency, substituting the state’s priorities for …

Reframing Domestic Violence Law And Policy: An Anti-Essentialist Proposal, Leigh Goodmark

Leigh S. Goodmark

This Article focuses on a central failure in domestic violence law and policy reform—the creation of a body of law and set of policies based on outmoded notions of what domestic violence is, the identities of the women who experience violence, the identities of their partners, and what such women need and want. The theoretical underpinnings of domestic violence law and policy largely are to blame for this excessively narrow and problematic view of domestic violence.

When Is A Battered Woman Not A Battered Woman? When She Fights Back, Leigh Goodmark

Leigh S. Goodmark

No abstract provided.