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Full-Text Articles in Evidence

5. American Professional Society On The Abuse Of Children In Support Of Petitioner, Ohio V. Clark (Merits), Thomas D. Lyon Oct 2014

5. American Professional Society On The Abuse Of Children In Support Of Petitioner, Ohio V. Clark (Merits), Thomas D. Lyon

Thomas D. Lyon

No abstract provided.


Hidden Home Videos: Surreptitious Video Surveillance In Divorce, Rebecca V. Lyon Apr 2014

Hidden Home Videos: Surreptitious Video Surveillance In Divorce, Rebecca V. Lyon

Chicago-Kent Law Review

In divorce court, often a very contentious and emotional court, parties frequently use what they can to gain the upper hand. The invention of new technology gives them an even wider arsenal. While tracking each other on the computer or checking phone records has become common, courts are now encountering instances where one spouse has placed hidden video cameras around the house to catch the other spouse doing something wrong. Under many state laws, courts have been forced to conclude that the surreptitious video recordings are not illegal. Perhaps more surprisingly, a few courts have concluded that the law either …


He Loves Me? He Loves Me Not? He Wants To Keep Me From Testifying?, Cynthia Ford Mar 2014

He Loves Me? He Loves Me Not? He Wants To Keep Me From Testifying?, Cynthia Ford

Faculty Journal Articles & Other Writings

This article discusses spousal privilege as it exists in Montana.


Toward A Child-Centered Approach To Evaluating Claims Of Alienation In High-Conflict Custody Disputes, Allison M. Nichols Feb 2014

Toward A Child-Centered Approach To Evaluating Claims Of Alienation In High-Conflict Custody Disputes, Allison M. Nichols

Michigan Law Review

Theories of parental alienation abound in high-conflict custody cases. The image of one parent brainwashing a child against the other parent fits with what we think we know about family dynamics during divorce. The concept of a diagnosable “Parental Alienation Syndrome” (“PAS”) developed as an attempt to explain this phenomenon, but it has been widely discredited by mental health professionals and thus fails the standard for evidentiary admissibility. Nevertheless, PAS and related theories continue to influence the decisions of family courts, and even in jurisdictions that explicitly reject such theories, judges still face the daunting task of resolving these volatile …


"Testilying" In Family Court, John E.B. Myers Jan 2014

"Testilying" In Family Court, John E.B. Myers

McGeorge School of Law Scholarly Articles

No abstract provided.


“Testilying” In Family Court, John E.B. Myers Jan 2014

“Testilying” In Family Court, John E.B. Myers

McGeorge Law Review

No abstract provided.


4. American Professional Society On The Abuse Of Children In Support Of Petitioner, Ohio V. Clark (Petition For Cert.), Thomas D. Lyon Dec 2013

4. American Professional Society On The Abuse Of Children In Support Of Petitioner, Ohio V. Clark (Petition For Cert.), Thomas D. Lyon

Thomas D. Lyon

No abstract provided.