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Full-Text Articles in Law
Reflections On "Innovations In Family Dispute Resolution", Deborah Thompson Eisenberg
Reflections On "Innovations In Family Dispute Resolution", Deborah Thompson Eisenberg
Faculty Scholarship
No abstract provided.
Dispute Resolution And The Post-Divorce Family: Implications Of A Paradigm Shift, Jana B. Singer
Dispute Resolution And The Post-Divorce Family: Implications Of A Paradigm Shift, Jana B. Singer
Faculty Scholarship
Over the past two decades, there has been a paradigm shift in the way the legal system handles most family disputes – particularly disputes involving children. This paradigm shift has replaced the law-oriented and judge-focused model of adjudication with a more collaborative, interdisciplinary and forward-looking family dispute resolution regime. It has also transformed the practice of family law and fundamentally altered the way in which disputing families interact with the legal system. This essay examines the elements of this paradigm shift in family dispute resolution and explores the opportunities and challenges it offers for families, children and the legal system.
Marriage, Biology, And Paternity: The Case For Revitalizing The Marital Presumption, Jana B. Singer
Marriage, Biology, And Paternity: The Case For Revitalizing The Marital Presumption, Jana B. Singer
Faculty Scholarship
This article examines the recent history and current status of the marital presumption of paternity. It explores the social, economic and legal developments that have contributed to the erosion of the presumption, focusing in particular on the efforts of federal and state governments to identify and collect financial support from unmarried biological fathers. The article then describes the procedural and equitable doctrines that some courts and legislatures have used to bolster the marital presumption in the face of conflicting biological evidence. Finding these approaches problematic, the article advocates a revitalized marital presumption as a substantive rule of law. It argues …
The Business Of Intimacy: Bridging The Private-Private Distinction, Martha M. Ertman
The Business Of Intimacy: Bridging The Private-Private Distinction, Martha M. Ertman
Faculty Scholarship
No abstract provided.
Interdependencies, Families, And Children, Karen Czapanskiy
Interdependencies, Families, And Children, Karen Czapanskiy
Faculty Scholarship
No abstract provided.
Why Teach International Family Law In Conflicts?, William L. Reynolds
Why Teach International Family Law In Conflicts?, William L. Reynolds
Faculty Scholarship
[The author] sets forth a challenge to conflicts professors: to teach international family law in their conflict of laws classes. At present, many conflicts professors avoid teaching international family law, in part because the study of this subject is complicated by several statutes addressing particularly difficult issues. Ignorning international family law is unwise, because many United States citizens and lawyers are likely to confront such problems.
Grandparents, Parents And Grandchildren: Actualizing Interdependency In Law, Karen Czapanskiy
Grandparents, Parents And Grandchildren: Actualizing Interdependency In Law, Karen Czapanskiy
Faculty Scholarship
No abstract provided.
Divorce Obligations And Bankruptcy Discharge: Rethinking The Support/Property Distinction, Jana B. Singer
Divorce Obligations And Bankruptcy Discharge: Rethinking The Support/Property Distinction, Jana B. Singer
Faculty Scholarship
The Bankruptcy Code currently divides divorce-related obligations into two categories: awards or agreements in the nature of support are non-dischargeable; obligations arising from property divisions can be discharged in the same manner as ordinary commercial debts. Because recent developments in family law have undermined the support/property distinction and because privately negotiated divorce agreements often fail to distinguish between payments intended to serve as support and those intended to distribute property, the Code's reliance on this classification often leads to confusion and hardship for divorce obligees. In addition, because of the rise of equitable distribution as the dominant method of allocating …
Domestic Violence, The Family And The Lawyering Process: Lessons From Studies On Gender Bias In The Courts, Karen Czapanskiy
Domestic Violence, The Family And The Lawyering Process: Lessons From Studies On Gender Bias In The Courts, Karen Czapanskiy
Faculty Scholarship
No abstract provided.
The Privatization Of Family Law, Jana B. Singer
The Privatization Of Family Law, Jana B. Singer
Faculty Scholarship
No abstract provided.
Volunteers And Draftees: The Struggle For Parental Equality, Karen Czapanskiy
Volunteers And Draftees: The Struggle For Parental Equality, Karen Czapanskiy
Faculty Scholarship
No abstract provided.
Child Support And Visitation: Rethinking The Connections, Karen Czapanskiy
Child Support And Visitation: Rethinking The Connections, Karen Czapanskiy
Faculty Scholarship
No abstract provided.