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Articles 31 - 60 of 104
Full-Text Articles in Law
Annual Survey Of Periodical Literature, Nancy Ver Steegh
Annual Survey Of Periodical Literature, Nancy Ver Steegh
Faculty Scholarship
The Annual Review of Periodical Literature provides a sampling of law review articles published between November 1, 2009, and October 31, 2010. The survey highlights the variety and depth of family law scholarship produced during the year and calls attention to currently debated "hot topics." Readers are encouraged to read articles of interest in their entirety because the summaries included in the survey are necessarily abbreviated.
Polygamy, Publicity, And Locality: The Place Of The Public In Marriage Practice, Allison Anna Tait
Polygamy, Publicity, And Locality: The Place Of The Public In Marriage Practice, Allison Anna Tait
Law Faculty Publications
This Article offers a reading of State v. Holm that highlights the Utah court's struggle to define marriage and presents the court's eventual definition of marriage as one that is based on visual indicators.
What's Fair In Divorce Property Distribution? Cross-National Perspectives From Survey Evidence, Marsha Garrison
What's Fair In Divorce Property Distribution? Cross-National Perspectives From Survey Evidence, Marsha Garrison
Faculty Scholarship
No abstract provided.
Victimized Twice: The Reasonable Efforts Requirement In Child Protection Cases When Parents Have A Mental Illness, Jeanne M. Kaiser
Victimized Twice: The Reasonable Efforts Requirement In Child Protection Cases When Parents Have A Mental Illness, Jeanne M. Kaiser
Faculty Scholarship
State child protection agencies are required by federal law to exert reasonable efforts to keep families together before seeking termination of parental rights. Some states, however, have created an exception to this requirement when the parent involved suffers from a chronic mental illness. Moreover, even in those states that enforce the requirement, the reunification services provided to parents with a mental illness often do not meet the needs of those parents.
This Article argues that although parents with a mental illness face serious challenges in caring for their children, they should not be categorically excluded from reunification efforts by means …
Response To Beth Richie’S Black Feminism, Gender Violence And The Build-Up Of A Prison Nation, Kimberly D. Bailey
Response To Beth Richie’S Black Feminism, Gender Violence And The Build-Up Of A Prison Nation, Kimberly D. Bailey
All Faculty Scholarship
No abstract provided.
Lost In Translation: Domestic Violence, "The Personal Is Political," And The Criminal Justice System, Kimberly D. Bailey
Lost In Translation: Domestic Violence, "The Personal Is Political," And The Criminal Justice System, Kimberly D. Bailey
All Faculty Scholarship
No abstract provided.
Homogenous Rules For Heterogeneous Families: The Standardization Of Family Law When There Is No Standard Family, Katharine K. Baker
Homogenous Rules For Heterogeneous Families: The Standardization Of Family Law When There Is No Standard Family, Katharine K. Baker
All Faculty Scholarship
The article explores the ironies involved in the contemporary enforcement of family obligations. As forms of intimate partnership and parenthood become ever more varied, the law of family obligation - child support, property division and alimony - has become increasingly routine and formulaic. As scholars increasingly call for more attention to the varied ways in which different individuals and communities structure their care networks and their intimate lives, the law of family obligation has become less, not more attentive to context. This piece explains how the law’s rejection of context is an understandable reaction to the growing diversity of family …
The Hendershott Ruling: When Mediation Runs Into Domestic Violence, Eduardo R.C. Capulong
The Hendershott Ruling: When Mediation Runs Into Domestic Violence, Eduardo R.C. Capulong
Faculty Journal Articles & Other Writings
This article examines the Montana Supreme Court's decision in Hendershott v. Westphal, a case of first impression in which the Court held that MCA 40-4-301(2) bars district courts in family law proceedings "from authorizing or continuing mediation of any kind where there is a reason to suspect emotional, physical, or sexual abuse."
Reviving Proxy Marriage, Andrea B. Carroll
Reviving Proxy Marriage, Andrea B. Carroll
Journal Articles
Marriage is merely a contract. It creates myriad rights and responsibilities - essentially conferring a status - but the American states recognize without exception that the parties’ relationship is at base nothing more than a contractual one. Still, modern society has elevated the marriage contract above all others. This distinction has overwhelmingly focused on the very personal nature of the marital relationship, a feature nonexistent in the arms-length contractual dealings with which we are accustomed to working when applying contract law. As a result, marriage is subject to a number of requirements, even at the level of contractual formation, which …
Re-Regulating The Baby Market: A Call For A Ban On Payment Of Birth Mother Living Expenses, Andrea B. Carroll
Re-Regulating The Baby Market: A Call For A Ban On Payment Of Birth Mother Living Expenses, Andrea B. Carroll
Journal Articles
More than fifty years ago, state law on domestic infant adoption changed to uniformly prohibit the practice of baby selling, a development that eliminated the “black market” for babies that many argued previously existed. Nonetheless, one need not look far to find that the United States’ domestic adoption system is broken even today, and the cost structure of the domestic adoption scheme is the greatest offender. A domestic adoption currently costs in the neighborhood of $40,0000, with the vast majority of the associated expenses coming not from the payment of any professional fees, but rather from the payment of living …
Dismembering Families, Anthony C. Infanti
Dismembering Families, Anthony C. Infanti
Book Chapters
In this paper, I explore how the deduction for extraordinary medical expenses, codified in I.R.C. section 213, furthers domination in American society. On its face, section 213 probably does not seem a likely candidate for being tagged as furthering domination. After all, this provision aims to alleviate extraordinary financial burdens on taxpayers who already suffer from significant medical problems -- and who, by definition, lack the help of insurance to relieve those burdens. But, as laudable as this goal might be, careful attention to the text and context of section 213 reveals that it does not apply to all taxpayers …
"We Can Work It Out": Using Cooperative Mediation - A Blend Of Collaborative Law And Traditional Mediation - To Resolve Divorce Disputes, Elena Langan
Faculty Scholarship
Elena Langan, "We Can Work it Out": Using Cooperative Mediation - a Blend of Collaborative Law and Traditional Mediation - to Resolve Divorce Disputes, 30 Review of Litigation 245 (2011). Divorce in modern day America is a product of legislative creation, designed as an adversarial process focused on rights and responsibilities.
Should I Stay Or Should I Go: Why Immigrant Reunification Decisions Should Be Based On The Best Interest Of The Child, Marcia A. Yablon-Zug
Should I Stay Or Should I Go: Why Immigrant Reunification Decisions Should Be Based On The Best Interest Of The Child, Marcia A. Yablon-Zug
Faculty Publications
No abstract provided.
Rethinking Parental Incarceration, Sarah Abramowicz
Rethinking Parental Incarceration, Sarah Abramowicz
Law Faculty Research Publications
Recent changes in sentencing law, in the wake of cases interpreting Blakely v. Washington and United States v. Booker, have raised the possibility that courts sentencing parents may take children's interests into account more extensively than had previously been permissible. Now is thus an opportune time to reevaluate the merits of considering children's interests when sentencing parents. This Article uses the perspective of family law to offer a new rationale for, and a new approach to, taking children's interests into account when sentencing their parents. It does so by bringing out the connection between the debate over parental incarceration and …
Black V. Simms: A Lost Opportunity To Benefit Children By Preserving Sibling Relationships When Same-Sex Families Dissolve, Natalie Amato
Black V. Simms: A Lost Opportunity To Benefit Children By Preserving Sibling Relationships When Same-Sex Families Dissolve, Natalie Amato
Student Articles and Papers
No abstract provided.
Legislating After Janice M.: The Constitutionality Of Recognizing De Facto Parenthood In Maryland, Rachel Simmonsen
Legislating After Janice M.: The Constitutionality Of Recognizing De Facto Parenthood In Maryland, Rachel Simmonsen
Student Articles and Papers
No abstract provided.
Currency Of Love: Customary International Law And The Battle For Same-Sex Marriage In The United States, 14 U. Pa. J.L. & Soc. Change 53 (2011), Sonia Bychkov Green
Currency Of Love: Customary International Law And The Battle For Same-Sex Marriage In The United States, 14 U. Pa. J.L. & Soc. Change 53 (2011), Sonia Bychkov Green
UIC Law Open Access Faculty Scholarship
No abstract provided.
Preglimony, Shari Motro
Preglimony, Shari Motro
Law Faculty Publications
Unmarried lovers who conceive are strangers in the eyes of the law. If the woman terminates the pregnancy, the man owes her nothing. If she takes the pregnancy to term, the man's obligation to support her is limited. The law reflects this lovers-as-strangers presumption by making a man's obligation towards a woman with whom he conceives derivative of his paternity-related obligations; his duty is towards his child, not towards the woman in her own right. Thus, a pregnant woman's lost wages and other personal costs are her private problem, and if there is no child at the end of the …
From Coverture To Contract: Engendering Insurance On Lives, Mary L. Heen
From Coverture To Contract: Engendering Insurance On Lives, Mary L. Heen
Law Faculty Publications
In the 1840s, state legislatures began modifying the law of marital status to ease the economic distress of widows and children at the family breadwinner's death. Insurance-related exceptions to the common law doctrine of "marital unity" under coverture permitted married women to enter into insurance contracts and protected life insurance proceeds from their husbands' creditors. These early insurance-related statutory exceptions to coverture introduced an important theoretical question that persisted for the rest of the nineteenth century-and into the next-as broader legal and social reforms took hold. How could equality of contract for married women be reconciled with the traditional dependencies …
Where Are The Records? Handling Lost/Destroyed Records In Child Welfare Tort Litigation, Dale Margolin Cecka
Where Are The Records? Handling Lost/Destroyed Records In Child Welfare Tort Litigation, Dale Margolin Cecka
Law Faculty Publications
As child welfare professionals, we have all encountered the “missing” record, most often during day-to-day advocacy. For those who practice child welfare tort litigation, incomplete discovery is also common, even though case records can be critical in determining negligence or malfeasance. In other forms of civil litigation, judges are asked to hold parties accountable for losing or destroying records, and juries are allowed to draw negative inferences about the missing evidence. In contrast, an investigation of child welfare torts reveals that when a defending agency fails to produce credible records, the issue is simply not litigated or does not affect …
Culture, Dissent, And The State: The Example Of Commonwealth African Marriage Law, Johanna E. Bond
Culture, Dissent, And The State: The Example Of Commonwealth African Marriage Law, Johanna E. Bond
Scholarly Articles
This is an explosive time for those seeking to define the meaning and parameters of marriage. The subject has generated heated debate worldwide. In June 2010, the European Court of Human Rights declined to extend marriage rights to a gay Austrian couple, but the Court carefully laid the foundation for the recognition of such rights when a European consensus on the issue emerges. In July 2010, Argentina extended to same-sex couples the right to marry, joining nine other countries that legally recognize same-sex couples' right to marry. In August 2010, a United States district judge struck down a California ban …
Advocating For Children In Care In A Climate Of Economic Recession: The Relationship Between Poverty And Child Maltreatment., Bruce A. Boyer, Amy E. Halbrook
Advocating For Children In Care In A Climate Of Economic Recession: The Relationship Between Poverty And Child Maltreatment., Bruce A. Boyer, Amy E. Halbrook
Faculty Publications & Other Works
No abstract provided.
Child Friendly Legal Aid In Africa, Diane C. Geraghty, Thomas F. Geraghty
Child Friendly Legal Aid In Africa, Diane C. Geraghty, Thomas F. Geraghty
Faculty Publications & Other Works
No abstract provided.
Are Christians Fit To Be Parents And Guardians—The Case Of Johns V. Derby City Council, Robert J. Araujo S.J.
Are Christians Fit To Be Parents And Guardians—The Case Of Johns V. Derby City Council, Robert J. Araujo S.J.
Faculty Publications & Other Works
No abstract provided.
Same-Sex Marriage, Same-Sex Cohabitation, And Same-Sex Families Around The World: Why ‘Same’ Is So Different?, Macarena Saez
Same-Sex Marriage, Same-Sex Cohabitation, And Same-Sex Families Around The World: Why ‘Same’ Is So Different?, Macarena Saez
Articles in Law Reviews & Other Academic Journals
This paper briefly explains the situation of same sex couples in countries that have opened marriage to individuals of the same sex, offers a summary and analysis of the status of same sex unions in several countries that have not opened marriage to same sex couples, and provides a comparative analysis of the most recurrent arguments used in the processes of recognition and denial of same sex unions in the countries reviewed.
Forty years ago, same sex couples were not legally accepted in any country. In the last thirty years, however, around 20% of the world has granted some rights …
Children, Parents & The State: The Construction Of A New Family Ideology, Deseriee A. Kennedy
Children, Parents & The State: The Construction Of A New Family Ideology, Deseriee A. Kennedy
Scholarly Works
More than twenty-five states allow courts to consider parental incarceration or conviction of a crime in determining whether to terminate parental rights. This problem is of increasing significance as a result of dramatic growth in incarceration rates, particularly among women who were often the primary and sole caretaker of their children before their imprisonment. Social scientists have recognized that the reality for parents in many communities is one of widespread and repeated incarceration, which has a devastating effect on families and communities. The problem is magnified by a failed drug policy and the Adoption and Safe Families Act, which, in …
Strategies Of Muslim Family Law Reform, Kristen Stilt, Swathi Gandhavadi
Strategies Of Muslim Family Law Reform, Kristen Stilt, Swathi Gandhavadi
Faculty Working Papers
Family law in Muslim-majority countries has undergone tremendous change over the past century, and this process continues today with intensity and controversy. In general, this change has been considered one of "reform," defined loosely as the adoption of national laws to modify the rules of Islamic law (fiqh) that had been applicable and predominant in the particular country in an effort to improve the rights of women and children. In most Muslim-majority contexts, however, the rules of fiqh remain particularly (and in some jurisdictions uniquely) relevant in the area of family law, and the reform process is usually presented as …
Exporting Subjects: Globalizing Family Law Progress Through International Human Rights, Cyra Akila Choudhury
Exporting Subjects: Globalizing Family Law Progress Through International Human Rights, Cyra Akila Choudhury
Faculty Publications
This article examines the global export of domestic U.S. legal projects and strategies in the realm of family law and gender justice to South Asia. While such projects have undoubtedly achieved substantial gains for women in the U.S., there have also been costs. At a remove of two decades, scholars have now begun to theorize those costs and argue that feminism needs to reconsider its commitments to particular projects that have been held central to women’s emancipation. Yet much of these critiques have not reached the transnational women’s movements that are led by U.S. feminist activists and scholars. Relying on …
The Good, The Bad, And The Ugly Of Employment Division V. Smith For Family Law, James G. Dwyer
The Good, The Bad, And The Ugly Of Employment Division V. Smith For Family Law, James G. Dwyer
Faculty Publications
No abstract provided.
No Difference?: An Analysis Of Same-Sex Parenting, George W. Dent
No Difference?: An Analysis Of Same-Sex Parenting, George W. Dent
Faculty Publications
The principal argument for traditional marriage is that it is uniquely beneficial to children. The campaign for same-sex marriage (“SSM”) denies this argument and claims that same-sex couples are just as good as other parents; there is “no difference” between the two. This article analyzes this claim and concludes that it is unsubstantiated and almost certainly false.