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Articles 1 - 18 of 18

Full-Text Articles in Family Law

Keeping Kids Out Of The System: Creative Legal Practice As A Community Child Protection Strategy, Leigh S. Goodmark Jul 2014

Keeping Kids Out Of The System: Creative Legal Practice As A Community Child Protection Strategy, Leigh S. Goodmark

Leigh S. Goodmark

No abstract provided.


Reasonable Efforts Checklist For Dependency Cases Involving Domestic Violence, Leigh S. Goodmark Jul 2014

Reasonable Efforts Checklist For Dependency Cases Involving Domestic Violence, Leigh S. Goodmark

Leigh S. Goodmark

The purpose of this checklist is to assist dependency court judges in identifying factors that should be considered when making reasonable efforts determinations in cases involving domestic violence.


Bringing The Greenbook To Life: A Resource Guide For Communities, Leigh S. Goodmark, Ann Rosewater Jul 2014

Bringing The Greenbook To Life: A Resource Guide For Communities, Leigh S. Goodmark, Ann Rosewater

Leigh S. Goodmark

This book is designed for communities seeking to develop interventions that will improve their responses to families suffering both domestic violence and child maltreatment.


Steps Toward Safety: Improving Systemic And Community Responses For Families Experiencing Domestic Violence, Leigh Goodmark, Ann Rosewater Jul 2014

Steps Toward Safety: Improving Systemic And Community Responses For Families Experiencing Domestic Violence, Leigh Goodmark, Ann Rosewater

Leigh S. Goodmark

This report is designed to mine the lessons learned from the research and reforms in child welfare and domestic violence, as well as explore possibilities for the next generation of innovation.


From Property To Personhood: What The Legal System Should Do For Children In Family Violence Cases, Leigh S. Goodmark May 2014

From Property To Personhood: What The Legal System Should Do For Children In Family Violence Cases, Leigh S. Goodmark

Leigh S. Goodmark

No abstract provided.


Going Underground: The Ethics Of Advising A Battered Woman Fleeing An Abusive Relationship, Leigh S. Goodmark May 2014

Going Underground: The Ethics Of Advising A Battered Woman Fleeing An Abusive Relationship, Leigh S. Goodmark

Leigh S. Goodmark

No abstract provided.


Law Is The Answer? Do We Know That For Sure? Questioning The Efficacy Of Legal Interventions For Battered Women, Leigh Goodmark May 2014

Law Is The Answer? Do We Know That For Sure? Questioning The Efficacy Of Legal Interventions For Battered Women, Leigh Goodmark

Leigh S. Goodmark

No abstract provided.


A Troubled Marriage: Domestic Violence And The Legal System, Leigh Goodmark May 2014

A Troubled Marriage: Domestic Violence And The Legal System, Leigh Goodmark

Leigh S. Goodmark

The development of a legal regime to combat domestic violence in the United States has been lauded as one of the feminist movement’s greatest triumphs. But, Leigh Goodmark argues, the resulting system is deeply flawed in ways that prevent it from assisting many women subjected to abuse. The current legal response to domestic violence is excessively focused on physical violence; this narrow definition of abuse fails to provide protection from behaviors that are profoundly damaging, including psychological, economic, and reproductive abuse. The system uses mandatory policies that deny women subjected to abuse autonomy and agency, substituting the state’s priorities for …


Reframing Domestic Violence Law And Policy: An Anti-Essentialist Proposal, Leigh Goodmark May 2014

Reframing Domestic Violence Law And Policy: An Anti-Essentialist Proposal, Leigh Goodmark

Leigh S. Goodmark

This Article focuses on a central failure in domestic violence law and policy reform—the creation of a body of law and set of policies based on outmoded notions of what domestic violence is, the identities of the women who experience violence, the identities of their partners, and what such women need and want. The theoretical underpinnings of domestic violence law and policy largely are to blame for this excessively narrow and problematic view of domestic violence.


Deconstructing Teresa O'Brien: A Role Play For Domestic Violence Clinics, Leigh S. Goodmark, Catherine F. Klein May 2014

Deconstructing Teresa O'Brien: A Role Play For Domestic Violence Clinics, Leigh S. Goodmark, Catherine F. Klein

Leigh S. Goodmark

No abstract provided.


When Is A Battered Woman Not A Battered Woman? When She Fights Back, Leigh Goodmark May 2014

When Is A Battered Woman Not A Battered Woman? When She Fights Back, Leigh Goodmark

Leigh S. Goodmark

No abstract provided.


Parenting In The Face Of Prejudice: The Need For Representation For Parents With Mental Illness, Leigh Goodmark May 2014

Parenting In The Face Of Prejudice: The Need For Representation For Parents With Mental Illness, Leigh Goodmark

Leigh S. Goodmark

No abstract provided.


Transgender People, Intimate Partner Abuse, And The Legal System, Leigh S. Goodmark May 2014

Transgender People, Intimate Partner Abuse, And The Legal System, Leigh S. Goodmark

Leigh S. Goodmark

The unique experiences of transgender persons subjected to abuse have not been the focus of legal scholarship; instead, the experiences of transgender people are often subsumed in the broader discourse around domestic violence in the lesbian, gay, bisexual, and transgender (LGBT) community. This dearth of legal scholarship is not surprising given how little research of any kind exists on how transgender people experience intimate partner abuse. This is the first law review article to concentrate specifically on intimate partner abuse and the transgender community. The Article begins by discussing the difficulties of engaging in scholarship around this topic, noting the …


Clinical Cognitive Dissonance: The Values And Goals Of Domestic Violence Clinics, The Legal System, And The Students Caught In The Middle, Leigh S. Goodmark May 2014

Clinical Cognitive Dissonance: The Values And Goals Of Domestic Violence Clinics, The Legal System, And The Students Caught In The Middle, Leigh S. Goodmark

Leigh S. Goodmark

No abstract provided.


California Egg Toss - The High Costs Of Avoiding Unenforceable Surrogacy Contracts, Jennifer Jackson Apr 2014

California Egg Toss - The High Costs Of Avoiding Unenforceable Surrogacy Contracts, Jennifer Jackson

Jennifer Jackson

In an emotionally charged decision regarding surrogacy contracts, it is important to recognize the ramifications, costs, and policy. There are advantages to both “gestational carrier surrogacy” contracts and “traditional surrogacy” contracts. However, this paper focuses on the differences between these contracts using case law. Specifically, this paper will focus on the implications of California case law regarding surrogacy contracts. Cases such as Johnson v. Calvert and In Re Marriage of Moschetta provide a clear distinction between these contracts. This distinction will show that while gestational carrier surrogacy contracts are more expensive, public policy and court opinions will provide certainty and …


California Egg Toss - The High Costs Of Avoiding Unenforceable Surrogacy Contracts, Jennifer Jackson Apr 2014

California Egg Toss - The High Costs Of Avoiding Unenforceable Surrogacy Contracts, Jennifer Jackson

Jennifer Jackson

In an emotionally charged decision regarding surrogacy contracts, it is important to recognize the ramifications, costs, and policy. There are advantages to both “gestational carrier surrogacy” contracts and “traditional surrogacy” contracts. However, this paper focuses on the differences between these contracts using case law. Specifically, this paper will focus on the implications of California case law regarding surrogacy contracts. Cases such as Johnson v. Calvert and In Re Marriage of Moschetta provide a clear distinction between these contracts. This distinction will show that while gestational carrier surrogacy contracts are more expensive, public policy and court opinions will provide certainty and …


California Egg Toss - The High Costs Of Avoiding Unenforceable Surrogacy Contracts, Jennifer Jackson Dec 2013

California Egg Toss - The High Costs Of Avoiding Unenforceable Surrogacy Contracts, Jennifer Jackson

Jennifer Jackson

In an emotionally charged decision regarding surrogacy contracts, it is important to recognize the ramifications, costs, and policy. There are advantages to both “gestational carrier surrogacy” contracts and “traditional surrogacy” contracts. However, this paper focuses on the differences between these contracts using case law. Specifically, this paper will focus on the implications of California case law regarding surrogacy contracts. Cases such as Johnson v. Calvert and In Re Marriage of Moschetta provide a clear distinction between these contracts. This distinction will show that while gestational carrier surrogacy contracts are more expensive, public policy and court opinions will provide certainty and …


California Putative Spouses: The Innocent, The Guilty, And The Law, Helen Y. Chang Dec 2013

California Putative Spouses: The Innocent, The Guilty, And The Law, Helen Y. Chang

Helen Y Chang

The purpose of this article is to examine the historical roots of the putative spouse doctrine and its implementation into California’s family and community property system. Although California has historically recognized the putative spouse doctrine to save otherwise void or voidable marriages, California’s actual application of the doctrine has been piecemeal with a resulting patchwork of inconsistent statutes and judicial decisions. For example, a putative spouse is a “surviving spouse” under California’s Probate Code for purposes of intestate succession but a putative spouse is not a “surviving spouse” under the same Code for purposes of a family allowance during estate …