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Articles 1 - 30 of 81
Full-Text Articles in Law
All The Better To Eat You With, My Dear: The Need For A Heightened Harm Standard In Utah's Grandparent Visitation Statute, Tracy C. Schofield
All The Better To Eat You With, My Dear: The Need For A Heightened Harm Standard In Utah's Grandparent Visitation Statute, Tracy C. Schofield
BYU Law Review
No abstract provided.
Protecting Parent-Child Relationships: Determining Parental Rights Of Same-Sex Parents Consistently Despite Varying Recognition Of Their Relationship, Linda S. Anderson
Protecting Parent-Child Relationships: Determining Parental Rights Of Same-Sex Parents Consistently Despite Varying Recognition Of Their Relationship, Linda S. Anderson
The University of New Hampshire Law Review
[Excerpt] “The family and parental relationship appears secure as long as the members of the family stay within the borders of the states that recognize their relationship. What happens, though, when the family ventures beyond the borders of Vermont, Massachusetts, California, and Connecticut, has yet to be determined. Legislation in almost every other state has addressed whether each state will recognize the couples’ relationship,27 but no state has determined how it will treat the legal relationship between the children of these couples and their parents.28 This article will focus on the fragile legal relationship between same-sex parents and their children …
Domestic Relations, Barry B. Mcgough, Gregory R. Miller
Domestic Relations, Barry B. Mcgough, Gregory R. Miller
Mercer Law Review
This survey period saw continued changes to domestic relations law in Georgia. The Georgia General Assembly completed its sweeping revisions of the child support guidelines. The electorate passed an amendment to the Georgia Constitution defining "marriage." The Georgia Supreme Court extended its 2003 pilot project for the third year, agreeing to accept all "non-frivolous" applications filed in divorce and alimony cases during the 2006 calendar year. As a result, all persons interested in domestic relations law have benefited from many more substantive decisions from the appellate courts.
Unequal Rights: The Fourteenth Amendment And De Facto Parentage, Adam K. Ake
Unequal Rights: The Fourteenth Amendment And De Facto Parentage, Adam K. Ake
Washington Law Review
Faced with an unprecedented number of children born into non-traditional family arrangements, courts across the country are struggling to preserve relationships between same-sex partners and their partners' biological children after those non-marital relationships end. This Comment argues that the Fourteenth Amendment limits the extent to which courts can intrude on the parental rights of a natural or adoptive parent in an attempt to provide remedies for non-parent partners, who are usually legal strangers to the children under applicable statutory schemes. U.S. Supreme Court jurisprudence implicitly recognizes hierarchical tiers of parental rights. Under this framework natural and adoptive parents have superior …
Family And Juvenile Law, Robert E. Shepherd Jr.
Family And Juvenile Law, Robert E. Shepherd Jr.
University of Richmond Law Review
No abstract provided.
The Psychological Consequences Of Judically Imposed Closets In Child Custody And Visitation Disputes Involving Gay Or Lesbian Parents, Nancy G. Maxwell, Richard Donner
The Psychological Consequences Of Judically Imposed Closets In Child Custody And Visitation Disputes Involving Gay Or Lesbian Parents, Nancy G. Maxwell, Richard Donner
William & Mary Journal of Race, Gender, and Social Justice
This article examines child custody and visitation cases in which courts operate under the assumption that parents who live openly as sexual minorities will harm their children. Based on this assumption, courts frequently impose restrictions on parents, requiring them to live closeted lives in order to have access to their children. Part I of this article introduces the concept of the judicially imposed closet as courts have applied it through several custody and visitation cases. Part II examines social science research concerning the psychological impact of "family secrets" on parents and children as well as research on sexual minority parenting. …
Avoidance Strategy: Same-Sex Marriage Litigation And The Federal Courts, William C. Duncan
Avoidance Strategy: Same-Sex Marriage Litigation And The Federal Courts, William C. Duncan
Campbell Law Review
This brief article examines the strategy of avoiding federal court review and federal constitutional claims for same-sex marriage. It first surveys the history of same-sex marriage litigation in the federal courts. It then turns to the question of why federal courts and claims have been avoided, identifying the most obvious explanation - a conscious strategic aim. The conclusions discussed in that section are exemplified in recent litigation in the Ninth Circuit. The article concludes with some comments on the policy implications of the strategy it describes.
Mothers, Myths, And The Law Of Divorce: One More Feminist Case For Partnership, Cynthia Lee Starnes
Mothers, Myths, And The Law Of Divorce: One More Feminist Case For Partnership, Cynthia Lee Starnes
William & Mary Journal of Race, Gender, and Social Justice
No abstract provided.
Embryo Donation: The Government Adopts A Cause, Jaime E. Conde
Embryo Donation: The Government Adopts A Cause, Jaime E. Conde
William & Mary Journal of Race, Gender, and Social Justice
The disposition of cryopreserved supernumerary embryos has become a divisive issue that puts to test the tenets of the "culture of life" promoted by the Vatican and President George W. Bush. The Bush administration has spent millions of dollars to promote "embryo adoptions" while imposing restrictions on federal funding for embryonic stem cell research. On the other hand, contemporary Catholic moral theologians and philosophers disagree on the question of the morality of embryo "rescue" or "adoption" because the Church strongly opposes in vitro fertilization, the donation of gametes and embryo cryopreservation, as evidenced recently during the Italian fertility law referendum. …
Protecting Abused, Neglected, And Abandoned Children: A Proposal For Provisional Out-Of-State Kinship Placements Pursuant To The Interstate Compact On The Placement Of Children, John C. Lore Iii
University of Michigan Journal of Law Reform
The Interstate Compact on the Placement of Children deals with the interstate placement of abused, neglected and abandoned children. This article addresses the critical need for reform of the Interstate Compact and attempts to tackle its most serious flaw-the lack of a provisional placement for children awaiting approval of out-of-state kinship placements. The recently enacted Safe and Timely Interstate Placement of Foster Children Act of 2006 (the "Act") is seriously flawed to the detriment of one of our country's most vulnerable groups and the very population it is designed to protect-children who have been abused, neglected and abandoned. This article …
Form And Substance In Parentage Law, Lynn D. Wardle
Form And Substance In Parentage Law, Lynn D. Wardle
William & Mary Bill of Rights Journal
No abstract provided.
In The (Canadian) Shadow Of Islamic Law: Translating Mahr As A Bargaining Endowment, Pascale Fournier
In The (Canadian) Shadow Of Islamic Law: Translating Mahr As A Bargaining Endowment, Pascale Fournier
Osgoode Hall Law Journal
This article addresses the dilemmas of Muslim women living in Canada as they negotiate between the constitutional and juridical systems of the dominant society, on the one hand, and the Muslim community, on the other. It will examine the ideological assumptions about law and multiculturalism that have worked to depoliticize the stakes of law in Marion Boyd's report, Protecting Choice, Promoting Inclusion. With the Islamic institution of mahr in the background, this article suggests a methodology to evaluate the costs and benefits of abstract legal rules as they are actually used by the parties in the "shadow of the law" …
Limiting The Application Of Jus Soli: The Resulting Status Of Undocumented Children In The United States, Brooke Kirkland
Limiting The Application Of Jus Soli: The Resulting Status Of Undocumented Children In The United States, Brooke Kirkland
Buffalo Human Rights Law Review
No abstract provided.
New Hampshire Got It Right: Statutes, Case Law And Related Issues Involving Post- Secondary Education Payments And Divorced Parents, Ryan C. Leonard
New Hampshire Got It Right: Statutes, Case Law And Related Issues Involving Post- Secondary Education Payments And Divorced Parents, Ryan C. Leonard
The University of New Hampshire Law Review
[Excerpt] “Divorced parents in New Hampshire can rest a little easier these days. While there are a myriad of economic reasons why a divorce can become contentious, financing a child’s college education can no longer be included among those reasons. In January 2004, in a rather bold and unconventional move, the New Hampshire legislature overruled years of legal precedent and enacted a new statutory amendment that should alleviate some of the financial pressures divorced parents inevitably face. The amendment, RSA § 458:17(XI-a), is a victory for divorcees across the state because it prohibits superior court judges from issuing orders forcing …
One More Time: Alimony, Intuition, And The Remarriage-Termination Rules, Judicial Termination Rules, Al Termination Rule, Cynthia Lee Starnes
One More Time: Alimony, Intuition, And The Remarriage-Termination Rules, Judicial Termination Rules, Al Termination Rule, Cynthia Lee Starnes
Indiana Law Journal
No abstract provided.
Marriage Mimicry: The Law Of Domestic Violence, Ruth Colker
Marriage Mimicry: The Law Of Domestic Violence, Ruth Colker
William & Mary Law Review
In this Article, Professor Colker argues that the legal system does not simply privilege those in marital relationships but has now begun to privilege those in "marriage-like" relationships through what she terms a marriage-mimicry model. She uses the law of domestic violence to critique this model. She traces the haphazard development of the law of domestic violence and argues that it has served to underprotect many of the victims of domestic violence because lawmakers have reflexively only provided legal recourse for those in marriage-like relationships without asking who is most in need of legal protection. She argues that the legal …
Conceptualizing Violence Against Pregnant Women, Deborah Tuerkheimer
Conceptualizing Violence Against Pregnant Women, Deborah Tuerkheimer
Indiana Law Journal
No abstract provided.
A Response To The Recommendations Of The Unlv Conference: Another Look At The Attorney/Guardian Ad Litem Model, Robert F. Harris
A Response To The Recommendations Of The Unlv Conference: Another Look At The Attorney/Guardian Ad Litem Model, Robert F. Harris
Nevada Law Journal
No abstract provided.
Report Of The Working Group On The Role Of The Family, Working Group On The Role Of The Family
Report Of The Working Group On The Role Of The Family, Working Group On The Role Of The Family
Nevada Law Journal
No abstract provided.
Report Of The Working Group On The Role Of Age And Stage Of Development, Working Group On The Role Of Age And Stage Of Development
Report Of The Working Group On The Role Of Age And Stage Of Development, Working Group On The Role Of Age And Stage Of Development
Nevada Law Journal
No abstract provided.
Children's Attorney's Obligation To Turn To Parents To Assess Best Interests, Christine Gottlieb
Children's Attorney's Obligation To Turn To Parents To Assess Best Interests, Christine Gottlieb
Nevada Law Journal
No abstract provided.
Report Of The Working Group On Representing The Whole Child, Working Group On The Representing The Whole Child
Report Of The Working Group On Representing The Whole Child, Working Group On The Representing The Whole Child
Nevada Law Journal
No abstract provided.
Report Of The Working Group On The Best Interests Of The Child And The Role Of The Attorney, Working Group On The Best Interests Of The Child And The Role Of The Attorney
Report Of The Working Group On The Best Interests Of The Child And The Role Of The Attorney, Working Group On The Best Interests Of The Child And The Role Of The Attorney
Nevada Law Journal
No abstract provided.
Recognizing The Expertise Of Children And Families, Ann M. Haralmbie
Recognizing The Expertise Of Children And Families, Ann M. Haralmbie
Nevada Law Journal
No abstract provided.
Love Doesn't Pay: The Fiction Of Marriage Rights In The Workplace, James A. Sonne
Love Doesn't Pay: The Fiction Of Marriage Rights In The Workplace, James A. Sonne
University of Richmond Law Review
No abstract provided.
The Debates About Same-Sex Marriage In Canada And The United States: Controversy Over The Evolution Of A Fundamental Social Institution, Nicholas Bala
The Debates About Same-Sex Marriage In Canada And The United States: Controversy Over The Evolution Of A Fundamental Social Institution, Nicholas Bala
Brigham Young University Journal of Public Law
No abstract provided.
Constitutional Thematics And The Peculiar Federal Marriage Amendment, Scott Dodson
Constitutional Thematics And The Peculiar Federal Marriage Amendment, Scott Dodson
Brigham Young University Journal of Public Law
No abstract provided.
Full Faith And Republican Gaurantees: Gay Marriage, Fmpa, And The Courts, John C. Eastman
Full Faith And Republican Gaurantees: Gay Marriage, Fmpa, And The Courts, John C. Eastman
Brigham Young University Journal of Public Law
No abstract provided.
Why The Politics Of Marriage Matter: Evaluating Legal And Strategic Approaches On Both Sides Of The Debate On Same-Sex Marriages, Kenneth K. Hsu
Why The Politics Of Marriage Matter: Evaluating Legal And Strategic Approaches On Both Sides Of The Debate On Same-Sex Marriages, Kenneth K. Hsu
Brigham Young University Journal of Public Law
No abstract provided.
"God's Created Order," Gender Complementarity, And The Federal Marriage Amendment, Linda C. Mcclain
"God's Created Order," Gender Complementarity, And The Federal Marriage Amendment, Linda C. Mcclain
Brigham Young University Journal of Public Law
No abstract provided.