Family Law Commons^™

Accountability, Eugenics, And Reproductive Justice, Susan Frelich Appleton

Scholarship@WashULaw

This analysis contributes to an online symposium on Dov Fox’s book BIRTH RIGHTS AND WRONGS: HOW MEDICINE AND TECHNOLOGY ARE CHANGING REPRODUCTION AND THE LAW. Using eugenics and reproductive justice as points of departure, this review highlights both strengths and weaknesses in Fox’s approach.

Adopting Civil Damages: Wrongful Family Separation In Adoption, Malinda L. Seymore

Faculty Scholarship

The Trump Administration’s new immigration policy of family separation at the U.S./Mexico border rocked the summer of 2018. Yet family separation is the prerequisite to every legal adoption. The circumstances are different, of course. In legal adoption, the biological parents are provided with all the constitutional protections required in involuntary termination of parental rights, or they have voluntarily consented to family separation. But what happens when that family separation is wrongful, when the birth mother’s consent is not voluntary, or when the birth father’s wishes to parent are ignored? In theory, the child can be returned to the birth parents …

What Should Law Enforcement Role Be In Addressing Quality Of Life Issues Associated With Section 8 Housing?, D'Andre D. Lampkin

D'Andre Devon Lampkin

The purpose of this research project is to discuss the challenges law enforcement face when attempting to address quality of life issues for residents residing in and around Section 8 federal housing. The paper introduces readers to the purpose of Section 8 housing, the process in which residents choose subsidized housing, and the legal challenges presented when law enforcement agencies are assisting city government to address quality of life issues. For purposes of this research project, studies were sampled to illustrate where law enforcement participation worked and where law enforcement participation leads to unintended legal ramifications.

The High Price Of Poverty: A Study Of How The Majority Of Current Court System Procedures For Collecting Court Costs And Fees, As Well As Fines, Have Failed To Adhere To Established Precedent And The Constitutional Guarantees They Advocate., Trevor J. Calligan

Trevor J Calligan

No abstract provided.

Women Made Whole: How Tort Law Can Change The Lives Of Domestic Violence And Sexual Assault Victims, Sara L. Crewson

Sara L Crewson

Tort law and insurance companies are failing to provide female domestic violence victims with adequate access to civil courts, proper legal mechanisms with which to gain that access, and are far behind the times when compared to other gender-linked crimes like those of rape and sexual assault. The Restatement of Torts (Third) has classified domestic violence as an intentional tort, and most insurance policies will not provide coverage for harms that were committed intentionally. Certain homeowners' insurance policies won't provide coverage if a spouse tries to sue another spouse for harms committed, leaving vulnerable wives unable to seek compensation for …

Trends In The Efficacy Of Parental Alienation Allegations In Child Custody Cases And Their Implications For Tortious Action, Bruce L. Beverly

Bruce L. Beverly

As the second of a series, this paper attempts to further explore the phenomenon of parental alienation in domestic relations cases by exploring the often frustrating position that many courts take with regard to blatant and obvious violations of the fundamental rights of parents to raise and know their children. Ofttimes, where courts have found the most blatant interference and harmful manipulation by one parent of the other parent's formerly close relationship with a child, the court either forces a detrimentally aligned child into the custody of the wrongfully vilified parent, thereby harming possible the child and that injured parent, …

Learning From The Master: Things Betty Thompson Taught Me, David Spratt

Articles in Law Reviews & Other Academic Journals

No abstract provided.

A Complete Property Right Amendment, John H. Ryskamp

ExpressO

The trend of the eminent domain reform and "Kelo plus" initiatives is toward a comprehensive Constitutional property right incorporating the elements of level of review, nature of government action, and extent of compensation. This article contains a draft amendment which reflects these concerns.

Breaking The Bank: Revisiting Central Bank Of Denver After Enron And Sarbanes-Oxley, Celia Taylor

ExpressO

No abstract provided.

Judicial Deference Or Bad Law? Why Massachusetts Courts Will Not Impose Municipal Liability For Failure To Enforce Restraining Orders, Carolyn Grose

Faculty Scholarship

The authors take up the challenge that was thrown down by the Ford v. Town of Grafton court. The first part of this Article examines the somewhat tortured and fascinating history of the Massachusetts Tort Claims Act. It then describes the arguments Catherine Ford made, how the court responded, and why it responded as it did. In Part II, Massachusetts' strong commitment to protecting and assisting victims of domestic violence is examined. A variety of legislative, executive and judicial initiatives that demonstrate commitment are described, but the Massachusetts General Laws Chapter 209A, the restraining order statute, is emphasized. The article …

The State’S Perpetual Protection Of Adultery: Examining Koestler V. Pollard And Wisconsin’S Faded Adultery Torts, Nehal A. Patel

Nehal A. Patel

No abstract provided.

Child Witnesses Of Domestic Violence: Third Party Recovery For Intentional Infliction Of Emotional Distress, Mary Kate Kearney

Mary Kate Kearney

No abstract provided.

Breaking The Silence: Tort Liability For Failing To Protect Children From Abuse, Mary Kate Kearney

Mary Kate Kearney

No abstract provided.

"Deprogramming": From The Defense Counsel's Perspective, Albert R. Vermeire

West Virginia Law Review

We begin with the proposition that the right of freedom of thought protected by the First Amendment against State action includes both the right to speak freely and the right to refrain from speaking at all. A system which secures the right to proselytize religious, political and ideological causes must also guarantee the concomitant right to decline to foster such concepts. The right to speak and the right to refrain from speaking are complementary components of the broader concept of 'individual freedom of mind.' Anguished parents and sympathetic judges; concerned attorneys and psychologists; reality-inducing therapists, police officers and adult or …

Torts--Parent's Recovery For Loss Of Society And Companionship Of Child, Michael B. Victorson

West Virginia Law Review

In situations where a child has been killed or injured as the result of a third party's negligent, tortious act, case law overwhelmingly supports the view that a parent may not recover damages from the third-party tortfeasor for the loss of the child's society and companionship. A growing minority of cases, however, have expreessly recognized that such losses are recoverable, and other cases have employed language susceptible to the interpretation that recovery for such losses may be allowed. While most of this development has been in the area of wrongful death, rather than personal injury, the analysis for one area …

Constitutional Law--Torts--Equal Protection Of Illegitimate Children, David L. Core

West Virginia Law Review

No abstract provided.

Abstracts Of Recent Cases, Charles David Mcmunn

West Virginia Law Review

No abstract provided.

Abstracts Of Recent Cases, Charles Henry Rudolph Jr.

West Virginia Law Review

No abstract provided.

Torts--Parent And Child--Parent Liability For Tort Of Child Where Parent Negligent In Failing To Restrain Child, David Mayer Katz

West Virginia Law Review

No abstract provided.

Torts Between Parent And Child, William E. Mccurdy

Villanova Law Review

No abstract provided.

Personal Injury Torts Between Spouses, William E. Mccurdy

Villanova Law Review

No abstract provided.

Property Torts Between Spouses And Use During Marriage Of The Matrimonial Home Owned By The Other, William E. Mccurdy

Villanova Law Review

No abstract provided.

Recent Cases, Law Review Staff

Vanderbilt Law Review

Contracts--Ceiling Price Legislation--Effect upon Performance

============================

Evidence--Declarations against Interest--Third-Party Confessions

============================

Family Law--Loss of Consortium of the Parent--Right of Child to Recover Against a Negligent Defendant

============================

Federal Procedure--Statutory Construction--Meaning of "Mentally Incompetent"

============================

Income Taxation--Surrender of Lease--Capital Gain to Lessee

============================

Income Taxation--Taxable Stock Dividend--Treasury Stock Held for Investment

============================

Judgment--Suit to Vacate--Insufficient Allegations of Cruelty Void Divorce Decree

============================

Labor Law--Filing Requirements--Noncompliance at Time Charges Filed

============================

Municipal Corporations--Liability for Negligence--Operation of Swimming Pool for Profit

============================

Process--Constructive Service--Tort Action Arising Without State

============================

Torts--Res Ipsa Loquitur--Application To Disappearing Airplane

Torts-Right Of Action Of Child Against Parent For Personaltort Committed In Non-Parental Capacity. [Ohio]

Washington and Lee Law Review

No abstract provided.

Torts-Right Of Married Woman To Sue Husband For Personalinjuries Inflicted Before Marriage. [Virginia]

Washington and Lee Law Review

No abstract provided.

Torts-Right Of Husband Paying Medical Expenses To Obtain Reimbursement From Injured Wife Out Of Damages Recovered From Tortfeasor [Floyd V. Miller, Va. 1950].

Washington and Lee Law Review

No abstract provided.

Torts-Cause Of Action Of Minor Child For Enticement Of Its Parent [Miller V. Monsen, Minn. 1949].

Washington and Lee Law Review

No abstract provided.

Sex, Society And Sophistry, Roslyn M. Litman, Claire B. Mcdermott

Scholarship

This note proposes a reconsideration of the soundness of the theories relied upon by the courts m denying the right of a wife to sue for loss of consortium caused by defendant's negligent conduct toward the husband. While there may be other solutions to the problems involved in actions concerning marital rights, it is intended here only to emphasize the con­sistently poor reasoning prevalent m the courts today upon which they base their dental to the wife.

Torts-Legal Basis For The Operation Of The Family Purpose Doctrine [Ener V. Gandy, Tex. 1940]

Washington and Lee Law Review

No abstract provided.

Parent And Child--Liability Of Parent To Child For Personal Injury--Effect Of Fact That Parent Is Insured, Paul S. Hudgins

West Virginia Law Review

No abstract provided.