Law Commons^™

Resolving Family Conflicts, Jana Singer, Jane Murphy

Jana B. Singer

Over the past two decades, virtually all areas of family law have undergone major doctrinal and theoretical changes - from the definition of marriage, to the financial and parenting consequences of divorce, to the legal construction of parenthood. An equally important set of changes has transformed the resolution of family disputes. This 'paradigm shift' in family conflict resolution has reshaped the practice of family law and has fundamentally altered the way in which disputing families interact with the legal system. Moreover, the changes have important implications for the way that family law is understood and taught. This volume examines the …

Family Law: Cases, Text, Problems, 5th Edition, Ira Ellman, Paul Kurtz, Lois Weithorn, Brian Bix, Karen Czapanskiy, Maxine Eichner

Karen Czapanskiy

Family law is an interdisciplinary area, and the materials in this work reflect the numerous disciplines influencing this field of law. This book is policy-oriented, with non-legal social science featured in the extensive note materials to provide a rich and varied learning experience and a practice resource tool. Notes do more than call attention to difficult questions of legal doctrine and policy; they illuminate them.

The authors use a problem approach throughout, in addition to comprehensive case law sources. Problems provide an ideal mechanism for students to acquire the ability to apply legal rules to concrete fact patterns.

Back To The Drawing Board: Barriers To Joint Decision-Making In Custody Cases Involving Intimate Partner Violence, Dana Harrington Conner

Dana Harrington Conner

For survivors of intimate partner violence, custody is, without question, one of the most important issues addressed by our legal system. For battered women, the court’s decision regarding their children is critical. As a result, legal scholars have examined, in depth, the value of sole custody awards in favor of battered women, as well as the dangers of joint custody. To that end, this Article considers, beyond the obvious risks of physical harm, why joint legal custody is not a viable alternative to sole legal custody in cases involving intimate partner violence. In addition, by de-constructing the fundamental aspects of …

Children Of Divorce: A Thirty-One Year Retrospective, Robert Spector

Robert G. Spector

No abstract provided.

To Grandmother’S House We Go: Grandparent Visitation After Stepparent Adoption, Peter Zablotsky

Peter Zablotsky

No abstract provided.

A Review Of The Year In Family Law: Working Toward More Uniformity In Laws Relating To Families, Robert Spector, Linda Elrod

Robert G. Spector

No abstract provided.

The System Response To The Commercial Sexual Exploitation Of Girls, Francine Sherman, Lisa Grace

Francine T. Sherman

This chapter, which is written from the perspectives of law, public health, and social work, examines the system’s response to the commercial sexual exploitation of children (CSEC), focusing on girls. It describes the issue and then examine the range of international, federal, state, and local laws and policies, aimed at aiding and enhancing prosecution of perpetrators of CSEC (i.e., pimps, johns), and at providing protection and services to its victims. The chapter argues that, as state and local authorities implement practice and policy for this population, the two central goals—law enforcement and victim protection—may conflict, creating practices that serve neither …

Children's Rights And Relationships: A Legal Framework, Francine Sherman, Hon. Jay Blitzman

Francine T. Sherman

This chapter provides an overview of United States children’s law, framed both in terms of autonomy-based and needs-based rights, and by the legal dynamic among child, parent, and state. The chapter highlights the law of juvenile justice and child welfare systems, and also examines law relevant to education and health care, two central institutions for children. The chapter proceeds ecologically, acknowledging that children’s lives, including their legal lives, are related to their families, communities, and the social institutions surrounding them. As such the chapter provides a readable introduction to children’s relationship with the law for both lawyers and non-lawyers.

Finding Home In The World: A Deontological Theory Of The Right To Be Adopted, Paulo Barrozo

Paulo Barrozo

Because of the continued dominance of consequentialist views, the deontological paradigm that emerges in the form of a human rights approach to adoption faces two major and partially connected obstacles. First, and despite the fact that the human rights approach has found compelling advocates, its jurisprudential basis has yet to be fully articulated. And in part because of insufficient theorization, the emerging deontological adoption is constantly at risk of being rhetorically and practically subsumed or engulfed by the resilient consequentialist-cum-charity paradigm. This article addresses these two obstacles, laying out the foundations of a deontological theory of adoption.After the Introduction, Part …

The Role Of Gender In Youth Systems: Grace's Story, Francine Sherman, Jessica Greenstone

Francine T. Sherman

This chapter —written from a legal and developmental perspective —describes the experiences of ‘‘Grace,’’ a teenage girl involved with multiple public systems, including juvenile justice. Through detailed analysis of primary interview data with Grace and others responsible for her care and supervision, and of court case material. The chapter sheds light on how Grace’s actions were interpreted and the responses they evoked. The case study includes recommendations for implementing gender-responsive principles across these systems.

Oklahoma Family Law: The Handbook, Robert Spector

Robert G. Spector

No abstract provided.

Oklahoma Family Law: Statutes And Rules Annotated, Robert Spector, Carolyn Thompson, D. Blair

Robert G. Spector

No abstract provided.

Irrational Women: Informed Consent And Abortion Regret, Maya Manian

Maya Manian

This chapter explores the law’s failure in the twenty-first century to treat pregnant women as capable of making their own decisions concerning whether to have an abortion. The Supreme Court’s 2007 decision in Gonzales v. Carhart, which upheld a federal ban on a type of second-trimester abortion that many physicians believe is safest for their patients, brought the question of women’s capacity for abortion decision-making to the forefront of public legal consciousness. In Carhart, the Court abandoned its previous deference and respect for a woman’s right to be her own decision-maker with regard to abortion and instead determined that a …

Juvenile Justice: Advancing Research, Policy, And Practice, Francine Sherman, Francine Jacobs

Francine T. Sherman

This accessible, edited volume reflects the multiplisciplinary, multisectoral nature of juvenile justice, including chapters by leaders in the fields of child development, law, public health, education, advocacy, and public administration. The voices of scholars, parents, administrators, and youth are woven into its fabric; it offers several complementary theoretical lenses through which to understand the behavior of youth involved with the juvenile justice system, and provides a range of promising and proven practical approaches to juvenile justice policy, programming, and evaluation.

The book is organized ecologically into four sections: Framing the Issues, Understanding Individual Youth, Understanding Youth in Context, and Working …

Parent, Child, Husband, Wife: When Recognition Fails, Tragedy Ensues, Scott Fitzgibbon

Scott T. FitzGibbon

This article briefly notes some developments in the law and society of our present age regarding the understanding — the recognition — of marriage, fatherhood, motherhood, and the family. The article warns against a certain casualness, a confusion, perhaps even a certain promiscuity of thought, that has occasionally emerged in the law. Drawing on Sophocles' drama Oedipus the King and on the scriptural narrative of David and Bathsheba, the article investigates what might be called the "moral location" of the activity of recognition. It proposes that recognition of basic family forms is a process with a deep dimension. It apprehends …

Oklahoma Family Law: Cases And Materials, Robert Spector

Robert G. Spector

No abstract provided.