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- Child Custody (10)
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Articles 31 - 60 of 71
Full-Text Articles in Family Law
Judging Vanessa: Norm Setting And Deviance In The Law Of Motherhood, Michelle Oberman
Judging Vanessa: Norm Setting And Deviance In The Law Of Motherhood, Michelle Oberman
William & Mary Journal of Race, Gender, and Social Justice
This article, by an author who has devoted over a decade to the study of women whom the law deems "bad" mothers, undertakes a more probing consideration of what truly separates the deviant mother from the "good" mother. In this article, she exposes the flaws in a binary classification of mothers as either "good" or "bad." She accomplishes this task by juxtaposing the stories, both legal and personal, of Vanessa, a woman whom society has judged to be a "bad" mother, and the author, a mother most in society would view as "good." In the end, the author not only …
Mothers Without Borders: Undocumented Immigrant Mothers Facing Deportation And The Best Interests Of Their U.S. Citizen Children, Satya Grace Kaskade
Mothers Without Borders: Undocumented Immigrant Mothers Facing Deportation And The Best Interests Of Their U.S. Citizen Children, Satya Grace Kaskade
William & Mary Journal of Race, Gender, and Social Justice
This note addresses how deportation of undocumented immigrants affects the U.S. citizen children of those immigrants. The author examines this issue by studying the story of Marta Escoto, a woman facing deportation and also the mother and sole caregiver of a U.S. citizen child with a severely debilitating disease. If Escoto is deported and forced to return to her home country of Honduras, her daughter will likely be unable to continue to receive adequate and necessary health care. Mothers like Escoto who face deportation often plead the well-being of their children, but few can satisfy the high burden of proving …
The Parent Trap: Differential Familial Power In Same-Sex Families, Deirdre M. Bowen
The Parent Trap: Differential Familial Power In Same-Sex Families, Deirdre M. Bowen
William & Mary Journal of Race, Gender, and Social Justice
Do intact same-sex couples where one member of the couple became pregnant with assisted reproduction or was the primary adopter, and the other member became a parent through second parent adoption, understand the legal protections afforded them? In short the answer is no. An interesting family dynamic arises around those who can claim the true status as parent based on their legal understandings of parenthood and their interactions with the dominant culture. While high profile custody cases on this issue have been decided in the United States with varying results, no research has examined the impact of uneven legal protections …
Polygamy And Same-Sex Marriage - Allies Or Adversaries Within The Same-Sex Marriage Movement, Jaime M. Gher
Polygamy And Same-Sex Marriage - Allies Or Adversaries Within The Same-Sex Marriage Movement, Jaime M. Gher
William & Mary Journal of Race, Gender, and Social Justice
This article addresses the charged slippery slope accusation that permitting same-sex marriage will inevitably lead to the legalization of polygamy. While same-sex marriage advocates generally distance their cause from polygamy and its disparaging history when responding to such accusations, this article determines whether that response is appropriate, or alternatively, whether the same-sex marriage movement could benefit from linkages between polygamy and same-sex marriage. In conducting the analysis, this article presents a nuanced discussion of marriage and its varying forms. Specifically, it examines the United States' historical regulation of polygamy, interrogates analogies between polygamy and same-sex marriage, compares cross-cultural practices and …
California's Domestic Partnership Law: Incremental Progress Or Dramatic Social Change?, Carol A. Docan, Richard F. Sperling
California's Domestic Partnership Law: Incremental Progress Or Dramatic Social Change?, Carol A. Docan, Richard F. Sperling
William & Mary Journal of Race, Gender, and Social Justice
Effective January 1, 2005, the California Domestic Partner Rights and Responsibilities Act of 2003 (CDPRRA) replaced the Domestic Partnership Act of 1999, vesting registered domestic partners with new rights and a court termination procedure similar to divorce. Does the new statute legalize gay marriage? Are domestic partners eligible for spousal support? Are the registration and termination procedures voluntary? Does the Unruh Civil Rights Act now require businesses and private organizations to include gay members? The article reviews the new law and analyzes how three recent court decisions resolve these controversial issues.
To "Bring Down The Flowers": The Cultural Context Of Abortion Law In Early Modern England, Carla Spivack
To "Bring Down The Flowers": The Cultural Context Of Abortion Law In Early Modern England, Carla Spivack
William & Mary Journal of Race, Gender, and Social Justice
This article takes issue with claims made by Joseph Dellapenna in his 2006 book, Dispelling the Myths of Abortion History, which claims to correct the "distortions of the history" of abortion law underlying Roe v. Wade, 410 U.S. 113 (1973). Dellapenna argues that, contrary to Justice Blackmun's historic analysis in Roe, "abortion was considered a serious crime throughout most of European history" and that "courts did... punish abortions before quickening during the Middle Ages." This article shows that Dellapenna's argument relies on serious misreading of cases and ignorance of the relevant historical, medical, and cultural context, and that pre-quickening or …
Forced Marriage And The Granting Of Asylum: A Reason To Hope After Gao V. Gonzales, Cara Goeller
Forced Marriage And The Granting Of Asylum: A Reason To Hope After Gao V. Gonzales, Cara Goeller
William & Mary Journal of Race, Gender, and Social Justice
This note addresses the significance of Gao v. Gonzales through the analysis of the development of asylum gender laws in the United States. The analysis includes a brief history of asylum law in the United States and the issues the courts have addressed concerning gender and asylum law. The note concludes with an analysis of the Gao decision and the potential consequences of the decision.
The Psychological Consequences Of Judically Imposed Closets In Child Custody And Visitation Disputes Involving Gay Or Lesbian Parents, Nancy G. Maxwell, Richard Donner
The Psychological Consequences Of Judically Imposed Closets In Child Custody And Visitation Disputes Involving Gay Or Lesbian Parents, Nancy G. Maxwell, Richard Donner
William & Mary Journal of Race, Gender, and Social Justice
This article examines child custody and visitation cases in which courts operate under the assumption that parents who live openly as sexual minorities will harm their children. Based on this assumption, courts frequently impose restrictions on parents, requiring them to live closeted lives in order to have access to their children. Part I of this article introduces the concept of the judicially imposed closet as courts have applied it through several custody and visitation cases. Part II examines social science research concerning the psychological impact of "family secrets" on parents and children as well as research on sexual minority parenting. …
Mothers, Myths, And The Law Of Divorce: One More Feminist Case For Partnership, Cynthia Lee Starnes
Mothers, Myths, And The Law Of Divorce: One More Feminist Case For Partnership, Cynthia Lee Starnes
William & Mary Journal of Race, Gender, and Social Justice
No abstract provided.
Embryo Donation: The Government Adopts A Cause, Jaime E. Conde
Embryo Donation: The Government Adopts A Cause, Jaime E. Conde
William & Mary Journal of Race, Gender, and Social Justice
The disposition of cryopreserved supernumerary embryos has become a divisive issue that puts to test the tenets of the "culture of life" promoted by the Vatican and President George W. Bush. The Bush administration has spent millions of dollars to promote "embryo adoptions" while imposing restrictions on federal funding for embryonic stem cell research. On the other hand, contemporary Catholic moral theologians and philosophers disagree on the question of the morality of embryo "rescue" or "adoption" because the Church strongly opposes in vitro fertilization, the donation of gametes and embryo cryopreservation, as evidenced recently during the Italian fertility law referendum. …
Two Mothers And Their Child: A Look At The Uncertain Status Of Nonbiological Lesbian Mothers Under Contemporary Law, Rachel E. Shoaf
Two Mothers And Their Child: A Look At The Uncertain Status Of Nonbiological Lesbian Mothers Under Contemporary Law, Rachel E. Shoaf
William & Mary Journal of Race, Gender, and Social Justice
No abstract provided.
The Open-Records Debate: Balancing The Interests Of Birth Parents And Adult Adoptees, Caroline B. Fleming
The Open-Records Debate: Balancing The Interests Of Birth Parents And Adult Adoptees, Caroline B. Fleming
William & Mary Journal of Race, Gender, and Social Justice
No abstract provided.
Unwed Fathers' Rights In Adoption: The Virginia Code Vs. The Uniform Adoption Act, Erin Green
Unwed Fathers' Rights In Adoption: The Virginia Code Vs. The Uniform Adoption Act, Erin Green
William & Mary Journal of Race, Gender, and Social Justice
No abstract provided.
I Now Pronounce You Husband And Wives: Lawrence V. Texas And The Practice Of Polygamy In Modern America, Cassiah M. Ward
I Now Pronounce You Husband And Wives: Lawrence V. Texas And The Practice Of Polygamy In Modern America, Cassiah M. Ward
William & Mary Journal of Race, Gender, and Social Justice
No abstract provided.
The Paradox Of Unmarried Fathers And The Constitution: Biology "Plus" Defines Relationships; Biology Alone Safeguards The Public Fisc, Laura Oren
William & Mary Journal of Race, Gender, and Social Justice
No abstract provided.
The Alley Behind First Street, Northeast: Criminal Abortion In The Nation's Capital, 1872-1973, Douglas R. Miller
The Alley Behind First Street, Northeast: Criminal Abortion In The Nation's Capital, 1872-1973, Douglas R. Miller
William & Mary Journal of Race, Gender, and Social Justice
No abstract provided.
A Peace Proposal For The Same-Sex Marriage Wars: Restoring The Household To Its Proper Place, Marie A. Failinger
A Peace Proposal For The Same-Sex Marriage Wars: Restoring The Household To Its Proper Place, Marie A. Failinger
William & Mary Journal of Race, Gender, and Social Justice
No abstract provided.
Caring For Mom And Dad: The Importance Of Family-Provided Eldercare And The Positive Implications Of California's New Paid Family Leave Law, K. Nicole Harms
Caring For Mom And Dad: The Importance Of Family-Provided Eldercare And The Positive Implications Of California's New Paid Family Leave Law, K. Nicole Harms
William & Mary Journal of Race, Gender, and Social Justice
No abstract provided.
Breast Still Best: An Argument In Favor Of One Hiv Positive Mother's Right To Breastfeed, Monique Anikwue
Breast Still Best: An Argument In Favor Of One Hiv Positive Mother's Right To Breastfeed, Monique Anikwue
William & Mary Journal of Race, Gender, and Social Justice
No abstract provided.
An Unjust Act: The Schizophrenic State Of Maturity And Culpability In Juvenile Justice And Minor Abortion Rights Law; Recent Trends In Virginia And Nationally, Jon-Michael Foxworth
An Unjust Act: The Schizophrenic State Of Maturity And Culpability In Juvenile Justice And Minor Abortion Rights Law; Recent Trends In Virginia And Nationally, Jon-Michael Foxworth
William & Mary Journal of Race, Gender, and Social Justice
No abstract provided.
What's A Woman To Do?: A Look At Private Child Support Agreements In Virginia, Nicole Spain
What's A Woman To Do?: A Look At Private Child Support Agreements In Virginia, Nicole Spain
William & Mary Journal of Race, Gender, and Social Justice
No abstract provided.
Yes, No, And Maybe: Informed Decision Making About Divorce Mediation In The Presence Of Domestic Violence, Nancy Ver Steegh
Yes, No, And Maybe: Informed Decision Making About Divorce Mediation In The Presence Of Domestic Violence, Nancy Ver Steegh
William & Mary Journal of Race, Gender, and Social Justice
No abstract provided.
Location And Life: How Stenberg V. Carhart Undercut Roe V. Wade, Richard Stith
Location And Life: How Stenberg V. Carhart Undercut Roe V. Wade, Richard Stith
William & Mary Journal of Race, Gender, and Social Justice
No abstract provided.
Griswold, The Fda, And The State Legislator: The Regulation Of Mifeprex, Paige Kremser
Griswold, The Fda, And The State Legislator: The Regulation Of Mifeprex, Paige Kremser
William & Mary Journal of Race, Gender, and Social Justice
No abstract provided.
The Ali Proposals And The Distribution Of Stock Options And Restricted Stock On Divorce: The Risks Of Theory Meet The Theory Of Risk, David S. Rosettenstein
The Ali Proposals And The Distribution Of Stock Options And Restricted Stock On Divorce: The Risks Of Theory Meet The Theory Of Risk, David S. Rosettenstein
William & Mary Journal of Race, Gender, and Social Justice
No abstract provided.
Anglicans, Merchants, And Feminists: A Comparative Study Of The Evolution Of Married Women's Rights In Virginia, New York, And Wisconsin, Joseph A. Ranney
Anglicans, Merchants, And Feminists: A Comparative Study Of The Evolution Of Married Women's Rights In Virginia, New York, And Wisconsin, Joseph A. Ranney
William & Mary Journal of Race, Gender, and Social Justice
No abstract provided.
Empty Gestures: The (In)Significance Of Recent Attempts To Liberalize Algerian Family Law, Ann Luerssen Crowther
Empty Gestures: The (In)Significance Of Recent Attempts To Liberalize Algerian Family Law, Ann Luerssen Crowther
William & Mary Journal of Race, Gender, and Social Justice
No abstract provided.
The Tragic And Chaotic Aftermath Of A Baby Switch: Should Policy And Common Law, Blood Ties, Or Psychological Bonds Prevail, Cynthia R. Mabry
The Tragic And Chaotic Aftermath Of A Baby Switch: Should Policy And Common Law, Blood Ties, Or Psychological Bonds Prevail, Cynthia R. Mabry
William & Mary Journal of Race, Gender, and Social Justice
No abstract provided.
Curing The "Every-Other-Weekend Syndrome": Why Visitation Should Be Considered Separate And Apart From Custody, Mark D. Matthews
Curing The "Every-Other-Weekend Syndrome": Why Visitation Should Be Considered Separate And Apart From Custody, Mark D. Matthews
William & Mary Journal of Race, Gender, and Social Justice
No abstract provided.
Pockets Of Poverty: The Second Wives Club - Examining The Financial (In)Security Of Women In Remarriages, Margorie Engel
Pockets Of Poverty: The Second Wives Club - Examining The Financial (In)Security Of Women In Remarriages, Margorie Engel
William & Mary Journal of Race, Gender, and Social Justice
No abstract provided.