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Family Law Commons™

Open Access. Powered by Scholars. Published by Universities.®

2005

Domestic Relations

Articles 1 - 10 of 10

Full-Text Articles in Family Law

The Child Client: Representing Children In Child Protective Proceedings, Merril Sobie Nov 2005

The Child Client: Representing Children In Child Protective Proceedings, Merril Sobie

Elisabeth Haub School of Law Faculty Publications

Part I of this article outlines the historical context and addresses the child's right to legal representation. Part II discusses the child's legal status by defining the specific legal interests, her procedural rights as a party to the litigation, the right to choose counsel, and the child's right to be involved as a participant. The penultimate Part analyzes the role of the child's counsel, including an outline of the relevant statutes, the diametrically opposed positions of state legislatures and the organized bar, and the hopelessly conflicting contemporary case law. The final Part addresses the fundamental deficiencies of the “best interests” …

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The Custody Battle Over Cryogenically Preserved Embryos After Divorce: Advocating For Infertile Women’S Rights, Cori S. Annapolen Oct 2005

The Custody Battle Over Cryogenically Preserved Embryos After Divorce: Advocating For Infertile Women’S Rights, Cori S. Annapolen

ExpressO

This paper focuses on the struggles that infertile women face to achieve motherhood because their rights are underrepresented in the American court system. It specifically centers on how the process of in vitro fertilization (IVF) helps infertile women conceive children, but then details the problems that increasing technology now causes for these women after they freeze embryos and then divorce. Because the courts of only four states have determined who gets custody of these embryos after a divorce, and because the divorce rate and the number of couples utilizing IVF are increasing, future states will likely be forced to answer …

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Breaking The Bank: Revisiting Central Bank Of Denver After Enron And Sarbanes-Oxley, Celia Taylor Sep 2005

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

ExpressO

No abstract provided.

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Child Laundering: How The Intercountry Adoption System Legitimizes And Incentivizes The Practices Of Buying, Trafficking, Kidnapping, And Stealing Children, David M. Smolin Aug 2005

Child Laundering: How The Intercountry Adoption System Legitimizes And Incentivizes The Practices Of Buying, Trafficking, Kidnapping, And Stealing Children, David M. Smolin

ExpressO

This article documents and analyzes a substantial incidence of "child laundering" within the intercountry adoption system. Child laundering occurs when children are taken illegally from birth families through child buying or kidnapping, and then "laundered" through the adoption system as "orphans" and then "adoptees." The article then proposes reforms to the intercountry adoption system that could substantially reduce the incidence of child laundering.

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Rhetorical Holy War: Polygamy, Homosexuality, And The Paradox Of Community And Autonomy, Gregory C. Pingree Aug 2005

Rhetorical Holy War: Polygamy, Homosexuality, And The Paradox Of Community And Autonomy, Gregory C. Pingree

ExpressO

The article explores the rhetorical strategies deployed in both legal and cultural narratives of Mormon polygamy in nineteenth-century America. It demonstrates how an understanding of that unique communal experience, and the narratives by which it was represented, informs the classic paradox of community and autonomy – the tension between the collective and the individual. The article concludes by using the Mormon polygamy analysis to illuminate a contemporary social situation that underscores the paradox of community and autonomy – homosexuality and the so-called culture wars over family values and the meaning of marriage.

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Home As A Legal Concept, Benjamin Barros Aug 2005

Home As A Legal Concept, Benjamin Barros

ExpressO

This article, which is the first comprehensive discussion of the American legal concept of home, makes two major contributions. First, the article systematically examines how homes are treated more favorably than other types of property in a wide range of legal contexts, including criminal law and procedure, torts, privacy, landlord-tenant, debtor-creditor, family law, and income taxation. Second, the article considers the normative issue of whether this favorable treatment is justified. The article draws from material on the psychological concept of home and the cultural history of home throughout this analysis, providing insight into the interests at stake in various legal …

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Who's Your Daddy?: Challenging The Application Of The Best Interest Of The Child Standard To Adults And In The Context Of An Intestate Estate, Tyler E. Heffron Jan 2005

Who's Your Daddy?: Challenging The Application Of The Best Interest Of The Child Standard To Adults And In The Context Of An Intestate Estate, Tyler E. Heffron

ExpressO

This article includes a discussion of (1) whether the best interest of the child standard should apply to an adult, (2) whether the best interest of the child standard should apply in the context of an intestate estate, and (3) whether the Kansas Probate Code should defer heirship challenges to the Kansas Parentage Act. The article, following case law from New Mexico and statutes from Georgia, concludes that the best interest of the child standard should not apply to an adult or in the context of an intestate estate. The article proposes an amendment to the Kansas Probate Code.

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Domestic Violence And Lawyer Malpractice: Are We Revictimizing Our Clients?, Margaret B. Drew Jan 2005

Domestic Violence And Lawyer Malpractice: Are We Revictimizing Our Clients?, Margaret B. Drew

Margaret B Drew

Many family law attorneys are not qualified to represent survivors of domestic violence. Often the attorneys are not educated on the dynamics of domestic violence or the risks encountered by survivors as they navigate the family court system. Despite the availabilty of domestic violence text books, literature and empirical data, often attorneys fail to understand abuse amd ignore its consequences when recommending remedies for the abuser as well as the survivor client. In doling so, attorneys open themselves to potential malpractice claims. This articles explores some of the ways in which attorneys minimize the impact of abuse on the family …

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For The Sake Of All Children: Opponents And Supporters Of Same-Sex Marriage Both Miss The Mark, Nancy Polikoff Jan 2005

For The Sake Of All Children: Opponents And Supporters Of Same-Sex Marriage Both Miss The Mark, Nancy Polikoff

Articles in Law Reviews & Other Academic Journals

No abstract provided.

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Lesbian And Gay Parenting: The Last Thirty Years, Nancy Polikoff Jan 2005

Lesbian And Gay Parenting: The Last Thirty Years, Nancy Polikoff

Articles in Law Reviews & Other Academic Journals

No abstract provided.

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