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Full-Text Articles in Law
Introduction, Michael S. Wald
Introduction, Michael S. Wald
University of Michigan Journal of Law Reform
Virtually everyone agrees that the family is a vital institution. Because of the perceived importance of the family to the state, our society always has tried to regulate both the form and functions of families. Laws prescribe who may form a family, the rights and obligations of family members towards each other, and the substantive and procedural rules for dissolving families.
The Myth Of State Intervention In The Family, Frances E. Olsen
The Myth Of State Intervention In The Family, Frances E. Olsen
University of Michigan Journal of Law Reform
Most people concede that there are times when state officials should intervene in the private family. Doctrines of family privacy are no longer thought to justify societal neglect of beaten wives or abused children. Yet society continues to use the ideal of the private family to orient policy. It seems important therefore to examine the concept of state intervention in the private family. In this essay, I argue that the private family is an incoherent ideal and that the rhetoric of nonintervention is more harmful than helpful.
Beyond State Intervention In The Family: For Baby Jane Doe, Martha Minow
Beyond State Intervention In The Family: For Baby Jane Doe, Martha Minow
University of Michigan Journal of Law Reform
Newspapers and broadcasters gave major billing to the story. Headlines announced: "The Life or Death Question of Baby Doe;" and "Baby Doe's Parents Call U.S. Action Intimidating." The medical care decisions about this infant born with spina bifida, microcephaly, and other severe disabilities, not only attracted mass media attention, but also led to both state and federal court proceedings. Legislative hearings raised the issue of her care. Many commentators debated what should happen to this infant of Long Island parents. This article instead will ask: what was all the attention about?; why are cases like this so riveting?; and might …
Exclusion Of Families With Children From Housing, George Palmer Schober
Exclusion Of Families With Children From Housing, George Palmer Schober
University of Michigan Journal of Law Reform
This Note attempts to resolve the most significant problems raised by discrimination against children in housing. Part I briefly analyzes the prevalence of child exclusion in different types of housing. It also provides a statistical analysis of the rental housing market to enable the reader to gauge the extent of the problem in one type of housing. Part II discusses policy arguments supporting both those who seek to exclude children and those who advocate government policies forbidding exclusion. Part III then examines the various approaches that states have adopted in this area, as well as federal implications of the issue. …
The Next Step: Definition, Generalization, And Theory In American Family Law, Carl E. Schneider
The Next Step: Definition, Generalization, And Theory In American Family Law, Carl E. Schneider
University of Michigan Journal of Law Reform
The Journal of Law Reform's Symposium on Family Law comes opportunely, in legal scholarship's spring of hope, its winter of despair, at a time when we have everything before us, when we have nothing before us. As is natural in such an epoch, reflection about legal scholarship, about its history, purposes, and methods, has flourished. This Symposium invites us to extend that reflection to family law, and this essay attempts, tentatively and speculatively, to accept the invitation.