Family Law Commons^™

Governance And Islam In East Africa: Muslims And The State In Kenya And Tanzania, Farouk Topan, Kai Kresse, Erin E. Stiles, Hassan Mwakimako

Exploring Muslim Contexts

Explores the relationship between Muslim communities and the State in East Africa in political, institutional and legal contexts

• Focuses on the relationship between Muslims and the State in Kenya and Tanzania
• Asks which factors, both within and outside the Muslim community, shape and affect this relationship in contemporary times
• Presents 13 case studies exploring governance issues within and across the categories of politics, institutions and law in Kenya and Tanzania
• Identifies cross-cutting issues of governance and Muslim communities which are relevant beyond East Africa

Recent studies of Muslims in Kenya and Tanzania have tended either to examine governance of Muslims …

Perceptions, Attitudes, And Behaviors Of Young Jordanian Women On Their Second-Class Citizenship, Umulkair Mohamed

Independent Study Project (ISP) Collection

This case study examines the societal impact of Jordan's gender-discriminatory nationality law on the perceptions, attitudes, and behaviors of young women. Utilizing quantitative interviews with six Jordanian women, aged 21-37, the research explores their perspectives on the law's implications and justifications. Despite constitutional guarantees of equality, the 1954 Jordanian Nationality Law disproportionately favors men in citizenship transmission, violating international human rights principles ratified by Jordan. This results in Jordanian women who marry non-national men not being able to transmit their nationality to their children in most cases. Without Jordanian nationality, these children suffer many challenges such as limited employment and …

Auc Community Only Lecture: Gender-Based Violence (Gbv), Women & The Law In Egypt, The Prince Alwaleed Center For American Studies And Research Casar

Performances, Events, and Presentations

This special guest lecture was part of the course “Exploring Feminist Perspectives in Egypt and the US” taught by CASAR Adjunct Faculty Yasmeen El-Ghazaly. The lecture was given in Arabic by Counselor Mohamed Samir, who is a senior member of the judicial authority in Egypt, responsible for the accountability of civil servants’ crimes and misconduct. He is also a lecturer in Political Science and Gender Based Violence Crimes. Samir has over 25 years of experience in his career, and was invited to discuss “challenges and legal obstacles women face when discussing gender based violence in Egypt.” In his insightful lecture, …

Habeas At Home And Heart: Progressive Era Cases Of Spousal Confinement To Nebraska's Psychiatric Households, Isabelle Childs

Digital Legal Research Lab

No abstract provided.

An Exploration Of The Wide-Reaching Effects Of The Repeal Of Roe V. Wade On Women's Access To Abortion, Mitchell J. Foster

University Honors Theses

Since 1973, the federal government, through the Supreme Court of the United States, has acted to protect, the rights of women in their ability to choose to have an abortion without excessive governmental restriction. This thesis analyzes how and why access to abortion will shift in the face of the Supreme Court's overturning of Roe v. Wade (1973), likely to occur this June. This thesis begins with an in-depth description of how and why abortion became illegal, how and why abortion became legal, and how the opposition has developed against legal abortion. Through the last few decades, though especially in …

Same-Gender Pathways To Parenthood, Sydney T. Inger

James Madison Undergraduate Research Journal (JMURJ)

LGBTQ+ individuals and couples who want children negotiate systemic inequalities in the United States of America. This literature review surveys America’s confusing legal map and the gaps in its enduring scholarly theories. The paper then examines the challenges that LGBTQ+ individuals and couples confront in working through the common pathways—same-gender adoption and fostering, in vitro fertilization, and surrogacy—to become parents. Dispersing information on the pathways will be a positive step towards breaking down the inequities for those in the LGBTQ+ community who want to start a family.

The Current Status Of Women In Morocco And How It Can Be Improved, Amanda Maia

Independent Study Project (ISP) Collection

My paper will explore the conditions of gender minorities in Morocco through representation, NGOs, social structures, and resources therein to support the progress of acquiring more rights for these demographics. With an emphasis on the status of women in Morocco. My main questions as it stands are: What are the living conditions for women in Morocco and how can they be improved? What progress has been and still can be made to improve the quality of life and foster joy for these demographics in Morocco? Since the 1990s, there has been significant progress in Morocco to improve Family Law and …

Getting To Yes: The Makings Of Paid Leave In Massachusetts, Christa Kelleher, Laurie Nsiah-Jefferson, Priyanka Kabir, Lillian Hunter, Cassandra M. Porter, Center For Women In Politics And Public Policy, University Of Massachusetts Boston

Publications from the Center for Women in Politics and Public Policy

Considered one of the strongest paid family and medical leave laws in the nation, the paid leave law adopted in Massachusetts in 2018 was notable for the depth and range of robust caregiving supports and protections for workers. But just as notable is how the law came to be. After all, paid leave bills had been filed for years in Massachusetts. Decades in fact. Yet until 2018, there had been limited movement in the legislature to establish a statewide program. What led to the passage of paid leave legislation in Massachusetts with approval from a Republican Governor? What factors influenced …

Paternity Leave, Olivia Corey

Emerging Writers

Paternity leave in the United States is extremely lacking and undervalued. This paper seeks to evaluate paternity leave and its benefits as well as explore the reasons why it is so uncommon in our society. It argues that paternity leave should be federal law.

The Predictive Influence Of Challenging Behavior On Parent Stress In Young Children With Autism Spectrum Disorder, Paige Weir

LSU Master's Theses

Autism spectrum disorder (ASD) is a neurodevelopmental disorder characterized by deficits in social communication, restricted interest, and repetitive patterns of behavior. Individuals with ASD also exhibit challenging behaviors that affect parent and caregiver stress directly. However, researchers have not yet examined the predictive influence of specific challenging behaviors on parent stress, particularly in young children (i.e., infants and toddlers) with ASD. Therefore, the current study expands existing literature by a) investigating the influence that challenging behaviors of young children with ASD have on parent stress and b) examining the unique contribution that each behavior (i.e., aggressive/disruptive behavior, stereotypy, and self-injurious …

Through The Eyes Of Lawyers And Advocates: Navigating The Court System For Women Impacted By Domestic Violence In Morocco, Emily Atieh

Independent Study Project (ISP) Collection

How do Moroccan women impacted by domestic violence navigate criminal legal systems in Morocco? Is the progressive family law present in Morocco due to recent reforms fully implemented in court systems? How can systems be improved to better support women impacted by violence? This study originally sought to answer these questions by surveying lawyers at NGOs in the Rabat area who act as advocates for women impacted by domestic violence. As a result of their expansive knowledge of criminal legal systems and experiences aiding hundreds of women, lawyers are in a unique position to critique the criminal legal system and …

Exploring Tactile Art-Making With Deafblind Students And Their Families: An Opportunity For Creative Play, Alice Rodgers

Expressive Therapies Capstone Theses

The impact of a deafblind diagnosis on an individual’s mental health and the well-being of the family involved can be profound. However, current research and available literature for the mental health treatment and therapy practices of deafblind persons and their families is limited (Kyzar et al., 2016; “WFDB Global Report 2018,” n.d.). This thesis used the Leeds Family Psychology and Therapy Service principles (Leeds FPTS) and the Expressive Therapies Continuum with established deafblind teaching strategies to facilitate an original arts-based community project entitled: “Things We Like.” This project provided an opportunity for deafblind students (ages three to 22) and their …

Tinjauan Kawin Hamil Dalam Perspektif Hukum Islam, Fahrul Fauzi

Journal of Islamic Law Studies

Marriage is a spiritual bond between a man and a woman as husband and wife with the aim of forming a happy and eternal family (household) based on the Godhead of the Almighty. Basically, in the opinion of some scholars from the origin of the law of marriage if connected with al-ahkam al-khamsah is permissibility or ibahah. But marriage as a condition to meet the needs of physical life (biological needs) is often bypassed. The fact that there is currently increasingly widespread premarital sex. One of the effects of premarital sex is pregnant out of wedlock. The practice in …

A Work Of Heart

DePaul Magazine

This article looks at the internship opportunities that DePaul students have available to kickstart their career through such programs as DePaul WORKS and INSuRE. Alumni in the museum, education and counseling, cybersecurity, law and public relations fields are interviewed.

Oral Interview: Contextualizing The Women's Rights Movement In Tunisia Through Family History, Walid Zarrad

Papers, Posters, and Presentations

In their path towards emancipation and equal rights, Tunisian women have gone through a number of phases that seem to be directly linked to legal changes and cultural factors. In fact, the Code of Personal Status (CPS) of 1956 seems to be a milestone in the women’s movement, and its following amendments continued on this path. However, it is a lot more complex than that. A piece of legislation officially passing is not a simple determinant of the state of Women’s Rights in a country.

Through Dorra Mahfoudh Draoui’s “Report on Gender and Marriage in Tunisian Society” and my interview …

Screened Out Of Housing: The Impact Of Misleading Tenant Screening Reports And The Potential For Criminal Expungement As A Model For Effectively Sealing Evictions, Katelyn Polk

Northwestern Journal of Law & Social Policy

Having an eviction record “blacklists” tenants from finding future housing. Even renters with mere eviction filings—not eviction orders—on their records face the harsh collateral consequences of eviction. This Note argues that eviction records should be sealed at filing and only released into the public record if a landlord prevails in court. Juvenile record expungement mechanisms in Illinois serve as a model for one way to protect people with eviction records. Recent updates to the Illinois juvenile expungement process provided for the automatic expungement of certain records and strengthened the confidentiality protections of juvenile records. Illinois protects juvenile records because it …

¿“La Familia Diversa”?: Una Investigación En Constructos De Familias En Ecuador En El Siglo Xxi, Julia Cornick

Independent Study Project (ISP) Collection

En este ensayo, exploro la constitución ecuatoriana de 2008, específicamente el artículo 67 que reconoce y protege “la familia diversa”. Este artículo supuestamente reconoce “la familia en sus diversos tipos”. Pero, otras partes de la constitución y las acciones del gobierno niegan el artículo en muchas maneras. A pesar de las promesas rotas y palabrerías de la constitución, individuos y grupos en comunidades LGBTI en Ecuador existen afuera de la constitución cuando construyen “familias alternativas”. A través de formas de familias alternativas, los ecuatorianos pueden hacer familias alternativas y significado afuera de la constitución, y voy a investigar las implicaciones …

Free Battered Texas Women: Survivor-Advocates Organizing At The Crossroads Of Gendered Violence, Disability, And Incarceration, Cathy Marston Phd

Verbum Incarnatum: An Academic Journal of Social Justice

This article recaps my symposium presentation, where I argue that feminist organizing strategies are central to healing our society and creating restorative justice from my perspective as a survivor of occupational injury, battering, and criminalization for self-defense. This includes the creation of Free Battered Texas Women. We prefer to think of ourselves as survivor-advocates who use a variety of tactics to empower ourselves, incarcerated battered women, and citizens. These strategies include pedagogy; poetry and other written forms; art; and legislative advocacy. I blend this grassroots activism with feminist disability theory, radical feminist theory, feminist ethnography, and feminist criminology.

Evaluation Of Unm's Parental Leave Policy, Julia Fulghum, Karlyn A. Edwards, Charlie Christian, Steven Verney, Lisa A. Marchiondo, Teagan Mullins

ADVANCE Reports

Experiences with UNM’s parental leave policy C215 have been evaluated using the ADVANCE 2018 Main Campus Faculty Climate Survey, a series of junior faculty interviews, and concerns brought to the ADVANCE leadership. Key findings are:

• Women and STEM faculty are more hesitant to use family-leave policies, and perceive greater disadvantage in using them than men and non-STEM faculty
• Sharing of information about, and implementation of, parental leave varies significantly between units
• The attitude of the department chair and senior faculty strongly influence the experience of faculty who use parental leave
• Appropriately implemented, the parental leave policy contributes to faculty recruitment …

Battle Of The Sexes: A History Of Social Change And A Solution For Maintaining A Child’S Best Interest In Light Of The #Metoo Movement, Jackie Calvert

Indiana Journal of Law and Social Equality

No abstract provided.

Families Belong Together: The Path To Family Sanctity In Public Housing, Mckayla Stokes

Northwestern Journal of Law & Social Policy

In its 2015 landmark civil rights decision in Obergefell v. Hodges, the Supreme Court finally held that the Equal Protection and Due Process Clauses of the United States Constitution guarantee same-sex couples’ marital equality. The Court’s unprecedented declaration that the right to marry is a fundamental right under the Due Process Clause strengthened married couples’ right to privacy because it subjects government actions infringing on marital unions to heightened scrutiny. The Supreme Court has the option to minimize the impact of Obergefell by interpreting the right to marriage very narrowly—as only encompassing the right to enter into a state-recognized union …

Unfit To Parent: American And Jewish Legal Perspectives, Michoel Zylberman, Karen K. Greenberg, Daniel Pollack

Touro Law Review

No abstract provided.

Best Training Practices For Probation Officers And Staff Toward Building A More Sophisticated, Fair, And Effective System Of Juvenile Justice In San Diego County, Carissa Carrasquillo

Ethnic Studies Senior Capstone Papers

This report illustrates how probation leadership, officers, and staff in San Diego County can adopt best training practices to address and alleviate incidents in juvenile detention facilities and build a sophisticated, fair, and effective system of juvenile justice. The goal of implementing best training practices for probation officers and staff is to build a knowledgeable workforce to better serve youth and families and reduce racial and ethnic disparities in the juvenile justice system. This report analyzes how innovations in management and the introduction of new programs has proven effective through research- and evidence-based practices and direct community involvement. In particular, …

Divorce Experiences: What The 2004 Moudawana Does And Does Not Do For Women In Morocco, Beatrice March

Independent Study Project (ISP) Collection

In 2004, the parliament amended the original Moudawana, or Family Code, from 1958. Among the changes, they altered the laws regarding divorce. The 2004 Moudawana included new provisions for women to obtain divorces in an attempt to create more progressive and equitable laws. The process of divorce, however, is still unequal for men and women. Despite women’s social conditions improving under the 2004 Moudawana, discrimination against women within the Moroccan legal system continues to prevent women from accessing their rights. A complex legal system and general lack of knowledge about the law create an overwhelming experience for women who do …

Women’S Divorce Rights In Jordan: Legal Rights And Cultural Challenges, Helen David

Independent Study Project (ISP) Collection

This research aims to examine women’s divorce rights in Jordan examining the topic both through their legal rights as well as through the cultural challenges and stigma that divorced women face. The research is focused specifically on the rights of Muslim women, who have to file for divorce through the Shari’a court system, in Jordan that are Jordanian nationals. The literature used in the research provides background insight into Jordan’s tribal system, family law in Jordan, and psychological theories that relate to group therapy and self-efficacy in divorced women. The researcher hypothesizes that despite the many socio-economic and legal reasons …

Simon De Montfort Et Le Gouvernement : Statut Des Femmes Dans Les Statuts De Pamiers (Art. 46) Avant La Magna Carta, Marjolaine Raguin-Barthelmebs

Medieval Feminist Forum: A Journal of Gender and Sexuality

Promulgated at Pamiers (Languedoc, France), 1^stDecember 1212 by Simon de Montfort after its first great victory during the Albigensian Crusade, those Statutes (juridical texts) are known as the introductory act for the Coutume of Paris in Languedoc, and more specifically regarding heirs rights. Redacted for the administration of newly conquest territories, the establishment of peace and to promote catholic faith against heresy and Languedocians owners of the land, theses Statutes dispose on women in their three final articles. More particularly, the article 46 concerns nobles and heirs women and decides, thanks to matrimony institution, who (and how) they …

Baby M Turns 30: The Law And Policy Of Surrogate Motherhood, Eric A. Feldman

All Faculty Scholarship

This article marks the 30th anniversary of the Supreme Court of New Jersey’s Baby M decision by offering a critical analysis of surrogacy policy in the United States. Despite fundamental changes in both science and society since the case was decided, state courts and legislatures remain bitterly divided on the legality of surrogacy. In arguing for a more uniform, permissive legal posture toward surrogacy, the article addresses five central debates in the surrogacy literature.

First, should the legal system accommodate those seeking conception through surrogacy, or should it prohibit such arrangements? Second, if surrogacy is permitted, what steps can be …

The Loving Story: Using A Documentary To Reconsider The Status Of An Iconic Interracial Married Couple, Regina Austin

All Faculty Scholarship

The Loving Story (Augusta Films 2011), directed by Nancy Buirski, tells the backstory of the groundbreaking U.S. Supreme Court case, Loving v. Virginia, that overturned state laws barring interracial marriage. The article looks to the documentary to explain why the Lovings should be considered icons of racial and ethnic civil rights, however much they might be associated with marriage equality today. The film shows the Lovings to be ordinary people who took their nearly decade long struggle against white supremacy to the nation’s highest court out of a genuine commitment to each other and a determination to live in …

Introduction: For Better Or For Worse? Relational Landscapes In The Time Of Same-Sex Marriage, Michael W. Yarbrough

Publications and Research

As same-sex marriage has become a legal reality in a rapidly growing list of countries, the time has come to assess what this means for families and relationships on the ground. Many scholars have already begun to examine how marriage is helping some same-sex couples, but in this introduction I call for a broader and more critical research agenda. In particular, I argue that same-sex marriage crystallizes a key tension surrounding families and relationships in many contemporary societies. On the one hand, strict family norms are relaxing in many places, allowing more people to form more diverse types of caring …

When Law Is Complicit In Gender Bias: Ending De Jure Discrimination Against Women As An Important Target Of Sustainable Development Goal 5, Rangita De Silva De Alwis

All Faculty Scholarship

Ending all forms of discrimination against women and girls is not only a basic human right, but also crucial to accelerating sustainable development. The very first target of Goal 5. 1.1 calls to end all forms of discrimination against all women and girls everywhere and the indicator for the goal is: “Whether or not legal frameworks are in place to promote, enforce and monitor equality and non-discrimination on the basis of sex”. In many countries around the world the legal frameworks themselves allow for both direct (de jure) and indirect (de facto) discrimination against women. This essay identifies some areas …