Open Access. Powered by Scholars. Published by Universities.®
- Discipline
-
- Law and Society (4)
- Criminal Law (3)
- Juvenile Law (3)
- Sexuality and the Law (3)
- Civil Law (2)
-
- Constitutional Law (2)
- Law and Gender (2)
- Religion Law (2)
- Social Welfare Law (2)
- Banking and Finance Law (1)
- Civil Rights and Discrimination (1)
- Comparative and Foreign Law (1)
- Conflict of Laws (1)
- Counseling Psychology (1)
- Courts (1)
- Criminal Procedure (1)
- Dispute Resolution and Arbitration (1)
- Estates and Trusts (1)
- Evidence (1)
- Fourteenth Amendment (1)
- Indigenous, Indian, and Aboriginal Law (1)
- Jurisdiction (1)
- Litigation (1)
- Other Law (1)
- Psychology (1)
- Social and Behavioral Sciences (1)
- Institution
- Publication Year
- Publication
-
- William & Mary Journal of Race, Gender, and Social Justice (10)
- West Virginia Law Review (7)
- William & Mary Bill of Rights Journal (6)
- William & Mary Law Review (5)
- Faculty Publications (4)
-
- Indiana Law Journal (3)
- James G. Dwyer (3)
- Articles in Law Reviews & Other Academic Journals (2)
- Nevada Supreme Court Summaries (2)
- American University Journal of Gender, Social Policy & the Law (1)
- Dr Robert Brown (1)
- Electronic Thesis and Dissertation Repository (1)
- Journal Articles (1)
- Law Faculty Research Publications (1)
- Pepperdine Dispute Resolution Law Journal (1)
- Samuel C. Hodges (1)
- Publication Type
Articles 1 - 30 of 49
Full-Text Articles in Family Law
The Child Protection Pretense: States' Continued Consignment Of Newborn Babies To Unfit Parents, James G. Dwyer
The Child Protection Pretense: States' Continued Consignment Of Newborn Babies To Unfit Parents, James G. Dwyer
James G. Dwyer
No abstract provided.
Parents' Self-Determination And Children's Custody: A New Analytical Framework For State Structuring Of Children's Family Life, James G. Dwyer
Parents' Self-Determination And Children's Custody: A New Analytical Framework For State Structuring Of Children's Family Life, James G. Dwyer
James G. Dwyer
No abstract provided.
A Taxonomy Of Children's Existing Rights In State Decision Making About Their Relationships, James G. Dwyer
A Taxonomy Of Children's Existing Rights In State Decision Making About Their Relationships, James G. Dwyer
James G. Dwyer
No abstract provided.
Abid V. Abid, 133 Nev. Adv. Op. 94 (Dec. 7, 2017) (En Banc), Carmen Gilbert
Abid V. Abid, 133 Nev. Adv. Op. 94 (Dec. 7, 2017) (En Banc), Carmen Gilbert
Nevada Supreme Court Summaries
The Court held that the district court properly exercised its discretion in allowing illegally recorded conversations to be used by a court appointed child psychologist to evaluate a child’s welfare in a custody case.
Gordon V. Geiger, 133 Nev. Adv. Op. 69 (Sept. 27, 2017), Rex Martinez
Gordon V. Geiger, 133 Nev. Adv. Op. 69 (Sept. 27, 2017), Rex Martinez
Nevada Supreme Court Summaries
The Court held that, without notice, a permanent change to custody and visitation violates due process rights, and the affected party must be given the opportunity to respond and rebut the evidence. Further, when the district court conducts an alternative interview with a child, the interviews must be recorded and comply with the Uniform Child Witness Testimony by Alternative Methods Act.
Racial And Gender Justice In The Child Welfare And Child Support Systems, Margaret Brinig
Racial And Gender Justice In The Child Welfare And Child Support Systems, Margaret Brinig
Journal Articles
While divorcing couples in the United States have been studied for many years, separating unmarried couples and their children have proven more difficult to analyze. Recently there have been successful longitudinal ethnographic and survey-based studies. This piece uses documents from a single Indiana county’s unified family court (called the Probate Court) to trace the effects of race and gender on unmarried families, beginning with a sample of 386 children for whom paternity petitions were brought in four months of 2008. It confirms prior theoretical work on racial differences in noncustodial parenting and poses new questions about how incarceration and gender …
Digging Beneath The Equality Language: The Influence Of The Fathers’ Rights Movement On Intimate Partner Violence Public Policy Debates And Family Law Reform, Kelly Alison Behre
Digging Beneath The Equality Language: The Influence Of The Fathers’ Rights Movement On Intimate Partner Violence Public Policy Debates And Family Law Reform, Kelly Alison Behre
William & Mary Journal of Race, Gender, and Social Justice
In 2004, a fathers’ rights group formed in West Virginia to promote “Truth, Justice, and Equality in Family Law.” They created a media campaign including billboards and radio spots warning about the dangers of false allegations of domestic violence, sexual assault, and child abuse, even offering a $10,000 award to anyone who could prove false allegations of abuse were used against a parent in a custody case. In 2007, they released a study concluding that seventy-six percent of protection order cases were unnecessary or based on false allegations, and warned that protection orders were often filed to gain leverage in …
A New Formalism For Family Law, Rebecca Aviel
A New Formalism For Family Law, Rebecca Aviel
William & Mary Law Review
Family law is simultaneously moving toward and away from formalist decision making. Examining family law across its various component doctrines—custody disputes, child support, jurisdiction, and parentage—reveals these two competing trends. In some of these areas, scholars and lawmakers have recognized that litigating under open-ended, amorphous standards is unpredictable and often painful, with costs that undermine the very purposes served by these legal frameworks; in these areas we are witnessing a turn toward determinate rules over judicial discretion as the preferred means of resolving disputes. In other areas, however, family law is experiencing a trend toward more flexible decision making that …
Leveling The Playing Field: Curing The Hidden Biases Against Fathers In Hawaii’S Child Custody Regime, Samuel C. Hodges
Leveling The Playing Field: Curing The Hidden Biases Against Fathers In Hawaii’S Child Custody Regime, Samuel C. Hodges
Samuel C. Hodges
No abstract provided.
Adopted Couple V. Baby Girl: Erasing The Last Vestigates Of Human Property, James G. Dwyer
Adopted Couple V. Baby Girl: Erasing The Last Vestigates Of Human Property, James G. Dwyer
Faculty Publications
No abstract provided.
The Custody Of Children, Robert C. Brown
Parental Relocation: Factors Present In Judges’ Decisions, Emily A. Reddick
Parental Relocation: Factors Present In Judges’ Decisions, Emily A. Reddick
Electronic Thesis and Dissertation Repository
Abstract
The present study examined multiple factors that may account for Canadian judges’ decisions in relocation cases where one parent contests a move away by the other parent and children after separation. The decisions were collected from a stratified random sample of judgments consisting of 50 cases where the relocation was approved and 50 where it was denied. The cases reviewed took place between 1996 and 1999 and followed the highly criticized Supreme Court decision in Gordon v. Goertz.
Cases were analyzed to determine the extent to which child, parent, judicial, move, and legal factors predicted court outcomes. All identified …
Stumbling Down The Courthouse Steps: Mediators' Perceptions Of The Stumbling Blocks To Successful Mandated Mediation In Child Custody And Visitation , Sandra J. Perry, Tanya M. Marcum, Charles R. Stoner
Stumbling Down The Courthouse Steps: Mediators' Perceptions Of The Stumbling Blocks To Successful Mandated Mediation In Child Custody And Visitation , Sandra J. Perry, Tanya M. Marcum, Charles R. Stoner
Pepperdine Dispute Resolution Law Journal
Although many concerns and criticisms about the efficacy of family law mediation have been made by attorneys, judges, and psychologists, we seldom hear from the mediators themselves about how the process works. In this study, we examine the mediators' perceptions of the stumbling blocks to success in mandatory child custody mediation and make some recommendations about how the process might be improved.
Parents' Self-Determination And Children's Custody: A New Analytical Framework For State Structuring Of Children's Family Life, James G. Dwyer
Parents' Self-Determination And Children's Custody: A New Analytical Framework For State Structuring Of Children's Family Life, James G. Dwyer
Faculty Publications
No abstract provided.
A Child-Centered Response To The Elkins Family Law Task Force, Amy M. Pellman, Robert N. Jacobs, Dara K. Reiner
A Child-Centered Response To The Elkins Family Law Task Force, Amy M. Pellman, Robert N. Jacobs, Dara K. Reiner
William & Mary Bill of Rights Journal
In Elkins v. Superior Court, 163 P.3d 160 (Cal. 2007), California’s Supreme Court asked the Judicial Council to form a task force to make recommendations to increase “access to justice” in family court, because it was concerned about rules, policies, and procedures that put self-represented litigants at an unfair disadvantage in parentageand dissolution cases.
Neither the task force’s report in 2010 nor the legislation that the report inspired the same year addresses children’s due process rights, even though children ordinarily have no access to justice. This Article shows that due process sometimes requires the trial court to appoint counsel for …
Avoiding Another Eldorado: Balancing Parental Liberty And The Risk Of Error With Governmental Interest In The Well-Being Of Children In Complex Cases Of Child Removal, Andrew T. Erwin
William & Mary Law Review
No abstract provided.
Same-Sex Relationships And The Full Faith And Credit Clause: Reducing America To The Lowest Common Denominator, Rena M. Lindevaldsen
Same-Sex Relationships And The Full Faith And Credit Clause: Reducing America To The Lowest Common Denominator, Rena M. Lindevaldsen
William & Mary Journal of Race, Gender, and Social Justice
This Article examines the legal and policy implications that arise when a state that expressly prohibits recognition or enforcement of any rights arising from a same-sex relationship is confronted with a request to register and enforce a child custody order issued by another state that gives custody or visitation rights to a biological mother’s former same-sex partner. As more states confer marital rights to same-sex couples, this issue will occur with increasing frequency. The first reported case in the nation to address the issue, Miller-Jenkins v. Miller-Jenkins, has garnered attention from the national media, including a cover story in the …
The Uses And Abuses Of Religion In Child Custody Cases: Parents Outside The Wall Of Separation, Joshua S. Press
The Uses And Abuses Of Religion In Child Custody Cases: Parents Outside The Wall Of Separation, Joshua S. Press
Indiana Law Journal
Religious custody disputes such as those at the Fundamentalist Church of Jesus Christ of Latter-Day Saints compound in April, 2008 are very complex and are finding their way into courts with increasing regularity. This Essay argues that in responding to these religious custody disputes, courts should abstain from either analyzing a parent’s religious practices for their perceived “risks of harm” to the child, or from applying a flat rule to ensure that the custodial parent’s religious preferences take primacy. Instead, courts should employ the actual or substantial harm standard—which would only bar a parent from fully practicing her religion if …
Best Interests And Parental Presumptions: Bringing Same-Sex Custody Agreements Beyond Preclusion By The Federal Defense Of Marriage Act, Alison M. Schmieder
Best Interests And Parental Presumptions: Bringing Same-Sex Custody Agreements Beyond Preclusion By The Federal Defense Of Marriage Act, Alison M. Schmieder
William & Mary Bill of Rights Journal
No abstract provided.
The Child Protection Pretense: States' Continued Consignment Of Newborn Babies To Unfit Parents, James G. Dwyer
The Child Protection Pretense: States' Continued Consignment Of Newborn Babies To Unfit Parents, James G. Dwyer
Faculty Publications
No abstract provided.
Valuing All Families: An Introduction To The 2008 Santa Clara Law Review Symposium, Nancy Polikoff
Valuing All Families: An Introduction To The 2008 Santa Clara Law Review Symposium, Nancy Polikoff
Articles in Law Reviews & Other Academic Journals
The family has changed over time, as has the law concerning families and relationships. Thank goodness. Until recent decades, the law punished nonmarital sex, delineated separate spheres for men and women, and restricted the grounds for ending marriage. The sexual revolution, feminism, and the demand for divorce were the social phenomena that facilitated these changes. Today we take for granted that marriage is not the right dividing line for the rights and obligations of parents. We now must revise our laws to protect the economic security and emotional peace of mind of the full variety of today's families and relationships.
Child Welfare's Paradox, Dorothy E. Roberts
Child Welfare's Paradox, Dorothy E. Roberts
William & Mary Law Review
No abstract provided.
A Child's Right: What Should The State Be Required To Provide To Teenagers Aging Out Of Foster Care, Katherine M. Swift
A Child's Right: What Should The State Be Required To Provide To Teenagers Aging Out Of Foster Care, Katherine M. Swift
William & Mary Bill of Rights Journal
Teenagers aging out of foster care face harms that can be traced to their lack of preparation for adulthood. This Article argues that teenagers in foster care have a substantive due process right to services not only while they are in state custody but also after they age out of care. The lower federal courts have interpreted the Supreme Court's decision in DeShaney v. Winnebago County Department of Social Services to mean that foster children-like prisoners and mentally retarded people held in state custody-have a substantive due process right to personal safety. What the courts have not considered is how …
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. …
Domestic Violence In Ghana: The Open Secret, Nancy Chi Cantalupo, Sue Shin, Kay Park, Lisa Vollendorf Martin
Domestic Violence In Ghana: The Open Secret, Nancy Chi Cantalupo, Sue Shin, Kay Park, Lisa Vollendorf Martin
Law Faculty Research Publications
No abstract provided.
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.
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.
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.
Parental Autonomy And Children's Welfare, Elizabeth S. Scott
Parental Autonomy And Children's Welfare, Elizabeth S. Scott
William & Mary Bill of Rights Journal
No abstract provided.
A Taxonomy Of Children's Existing Rights In State Decision Making About Their Relationships, James G. Dwyer
A Taxonomy Of Children's Existing Rights In State Decision Making About Their Relationships, James G. Dwyer
William & Mary Bill of Rights Journal
No abstract provided.