Family Law Commons^™

New Services For Families In The Dc Superior Court, Amy Applegate, Jeannie M. Adams, Connie J. Beck, Amy Holtzworth-Munroe, Fernanda S. Rossi

Articles by Maurer Faculty

Until recently, because of concerns about safety and parties’ abilities to make good decisions in cases with a history of high intimate partner violence or abuse (IPV/A), in the District of Columbia’s Superior Court such cases were screened out of mediation and sent back to the family court. But two big program additions — videoconferencing and shuttle mediation — have allowed parties in these cases to consider mediation. The Multi-Door Dispute Resolution Division of the DC Superior Court (Multi-Door) implemented this change after several years of preparation: its administrators added safety measures, provided in-depth training for staff and mediators, and …

The Immigrant "Other": Racialized Identity And The Devaluation Of Immigrant Family Relations, Anita Maddali

Indiana Law Journal

This Article explores how current terminations of undocumented immigrants’ parental rights are reminiscent of historical practices that removed early immigrant and Native American children from their parents in an attempt to cultivate an Anglo-American national identity. Today, children are separated from their families when courts terminate the rights of parents who have been, or who face, deportation. Often, biases toward undocumented parents affect determinations concerning parental fitness in a manner that, while different, reaps the same results as the removal of children from their families over a century ago. This Article examines cases in which courts terminated the parental rights …

Introduction: Invited Essays On The Implications Of Windsor And Perry

Indiana Law Journal

No abstract provided.

Standing To Appeal And Executive Non-Defense Of Federal Law After The Marriage Cases, Ryan W. Scott

Indiana Law Journal

Essays on the Implications of Windsor and Perry

Is The Full Faith And Credit Clause Still "Irrelevant" To Same-Sex Marriage?: Toward A Reconsideration Of The Conventional Wisdom, Steve Sanders

Indiana Law Journal

Essays on the Implications of Windsor and Perry

Leveling Up After Doma, Deborah A. Widiss

Indiana Law Journal

Essays on the Implication of Windsor and Perry

Further Standing Lessons, Heather Elliott

Indiana Law Journal

Professor Elliott wrote a piece for the Indiana Law Journal in 2012 (available here). In this article, she updates her analysis and explores the implications of both the health-care and marriage equality cases on the Court’s standing doctrine.

Windsor, Shelby County, And The Demise Of Originalism: A Personal Account, Dawn E. Johnsen

Indiana Law Journal

Essays on the Implication of Windsor and Perry

Evolving Values, Animus, And Same-Sex Marriage, Daniel O. Conkle

Indiana Law Journal

In this Essay, I contend that a Fourteenth Amendment right to same-sex marriage will emerge, and properly so, when the Supreme Court determines that justice so requires and when, in the words of Professor Alexander Bickel, the Court’s recognition of this right will “in a rather immediate foreseeable future . . . gain general assent.” I suggest that we are fast approaching that juncture, and I go on to analyze three possible justifications for such a ruling: first, substantive due process; second, heightened scrutiny equal protection; and third, rational basis equal protection coupled with a finding of illicit “animus.” I …

Fundamental Versus Deferential: Appellate Review Of Terminations Of Parental Rights, Karen A. Wyle

Indiana Law Journal

Any attorney who handles or follows cases involving termination of parental rights will have often read, “This court has long had a highly deferential standard of review in cases concerning the termination of parental rights.” This article addresses several questions that arise from that familiar language:

• Does the Indiana Court of Appeals in fact have a tradition or practice of highly deferential review of termination orders?
• Is this deference greater than the court accords to trial court decisions in other family law matters or in non-family civil appeals?
• If so, on what legal analysis is this special deference based?
• Is …

Unfettered Discretion: Criminal Orders Of Protection And Their Impact On Parent Defendants, David Michael Jaros

Indiana Law Journal

The last two decades have witnessed an astonishing increase in the use of the criminal justice system to police neglectful parents. Recasting traditional allegations of neglect as criminal charges of endangering the welfare of a child, prosecutors and the police have involved criminal courts in the regulation of aspects of the parent-child relationship that were once the sole province of family courts. This Article explores the legal implications of vesting judges in these cases with the unfettered discretion to issue protective orders that criminalize contact between a parent and her child.I argue that procedures for issuing protective orders that were …

Guest Editor's Introduction, Special Issue: Ensuring Access To Justice For Self-Represented, Amy Applegate

Articles by Maurer Faculty

I am pleased to be the guest editor of his special issue of Family Court Review, which focuses on "Access to Justice for Self-Represented Litigants." I am even more pleased that this issue includes articles written by some of the leaders of Indiana's pro bono legal community; several outstanding students; my collaborators who conduct research about the effect of self-representation in the mediation context, especially where there is intimate partner violence or abuse (IPVA); and colleagues in the national clinical and law school pro bono community whose students provide pro bono services to disadvantaged or marginalized individuals with family …

Testing The Testimonial Concept And Exceptions To Confrontation: "A Little Child Shall Lead Them", Robert P. Mosteller

Indiana Law Journal

The papers in this symposium were originally prepared for the Section on Evidence of the 2007 Annual Meeting of the Association of American Law Schools.

Children As Witnesses: A Symposium On Child Competence And The Accused's Right To Confront Child Witnesses, Aviva A. Orenstein

Indiana Law Journal

The papers in this symposium were originally prepared for the Section on Evidence of the 2007 Annual Meeting of the Association of American Law Schools.

Why Civil Protection Orders Are Effective Remedies For Domestic Violence But Mutual Protective Orders Are Not, Elizabeth Topliffe

Indiana Law Journal

No abstract provided.

Property Rights In Divorce And Separate Maintenance Cases, Dan Hopson Jr.

Articles by Maurer Faculty

No abstract provided.

Ruling On Demurrer To Petition For Annulment Of Marriage, Theophilus J. Moll

Indiana Law Journal

This is a ruling on demurrer by Judge Moll in In Re Marriage of Henry R. Steinkuhler and Elizabeth P. Bowman, Superior CT. No. 35298. It gives a judicial pronouncement in a most unusual legal action

Courts--Jurisdiction To Vacate Order Of Adoption After Term (Comment On Recent Cases), Bernard C. Gavit

Articles by Maurer Faculty

No abstract provided.