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Family Law

2008

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Articles 1 - 16 of 16

Full-Text Articles in Law and Gender

Towards Accountability For Mass Crimes: A Report Of The Indian Campaign On International Criminal Court 2000-2007, Saumya Uma, Pouruchisti Wadia Mar 2008

Towards Accountability For Mass Crimes: A Report Of The Indian Campaign On International Criminal Court 2000-2007, Saumya Uma, Pouruchisti Wadia

Saumya Uma

This contains a detailed narrative on the activities undertaken by ICC-India - an anti-impunity campaign on mass crimes and international law, from 2000 to 2007. The publication elaborates the work of the campaign on information dissemination, campaign and advocacy, research and publication, alliance-building and media outreach. It includes 16 pages of colour photographs, as well as illustrations in the form of graphs, tables and maps. Published by Women's Research & Action Group, 2008, English, 90 pages.


The Illusion Of Transformative Conflict Resolution: Mediating Domestic Violence In Nicaragua, Raquel Aldana, Leticia Saucedo Jan 2008

The Illusion Of Transformative Conflict Resolution: Mediating Domestic Violence In Nicaragua, Raquel Aldana, Leticia Saucedo

McGeorge School of Law Scholarly Articles

No abstract provided.


A Legal Field In Action: The Case Of Divorce Arrangements In Israel, Daphna Hacker Jan 2008

A Legal Field In Action: The Case Of Divorce Arrangements In Israel, Daphna Hacker

Daphna Hacker

No abstract provided.


Using "A Jury Of Her Peers" To Teach About The Connection Between Domestic Violence And Animal Abuse, Caroline Forell Jan 2008

Using "A Jury Of Her Peers" To Teach About The Connection Between Domestic Violence And Animal Abuse, Caroline Forell

Caroline A Forell

In this essay I examine Susan Glaspell’s short story, A Jury of Her Peers, in the context of teaching about the connection between domestic violence and animal abuse in an Animal Law course. I discuss how Glaspell’s story, in which the motive for a woman killing her husband is his killing of her pet bird, enables students to better understand the perspective of battered women who behave in certain ways because they have pets. I pose several questions concerning how the law would and should respond when a battered woman reacts with violence to the killing or serious injury of …


When Is A Battered Woman Not A Battered Woman? When She Fights Back, Leigh S. Goodmark Jan 2008

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

Faculty Scholarship

No abstract provided.


(Mis)Appropriated Liberty: Identity, Gender Justice And Muslim Personal Law Reform In India, Cyra Akila Choudhury Jan 2008

(Mis)Appropriated Liberty: Identity, Gender Justice And Muslim Personal Law Reform In India, Cyra Akila Choudhury

Faculty Publications

This article argues that in order to emancipate Indian-Muslim women from an outdated family legal code, their position at the intersection of gender and a minority religion must be taken seriously. Proposals for reform that have been suggested by Western liberal, secular feminists that ignore the importance of women's religious affiliation fail to do this. Moreover, by making assumptions about the strength of secularism in India, the willingness of the state to enact legal reforms driven by gender concerns, and by failing to acknowledge the limits of formal rights alone in changing norms, these scholars do not account for the …


"I'D Grab At Anything. And I'D Forget." Domestic Violence Victim Testimony After Davis V. Washington, 41 J. Marshall L. Rev. 937 (2008), Nancee Alexa Barth Jan 2008

"I'D Grab At Anything. And I'D Forget." Domestic Violence Victim Testimony After Davis V. Washington, 41 J. Marshall L. Rev. 937 (2008), Nancee Alexa Barth

UIC Law Review

No abstract provided.


Rhetorical Atavism And The Narrative Of Progress In The Debate Over Marriage Equality, Courtney Megan Cahill Jan 2008

Rhetorical Atavism And The Narrative Of Progress In The Debate Over Marriage Equality, Courtney Megan Cahill

Scholarly Publications

No abstract provided.


Gender And Nation-Building: Family Law As Legal Architecture Symposium - Nation Building: A Legal Architecture: Articles And Essays, Tracy E. Higgins, Rachel P. Fink Jan 2008

Gender And Nation-Building: Family Law As Legal Architecture Symposium - Nation Building: A Legal Architecture: Articles And Essays, Tracy E. Higgins, Rachel P. Fink

Faculty Scholarship

Although the discipline of family law in the western legal tradition transcends the public/private law boundary in many ways, it is the argument of this Essay that family law, in the private law sense of defining the rights and obligations of members of a family, forms an important part of the legal architecture of nation-building in at least three ways. First, access to the resources of the nation-state devolves through biologically and culturally gendered national boundaries, both reflecting and reinforcing the differential status of men and women in the sphere of the family. Second, the social institution of the family …


Irrational Exuberance For Babies: The Taste For Heterosexuality And Its Conspicuous Reproduction, Jose M. Gabilondo Jan 2008

Irrational Exuberance For Babies: The Taste For Heterosexuality And Its Conspicuous Reproduction, Jose M. Gabilondo

Faculty Publications

This article targets a flying buttress of normative heterosexuality: its physical reproduction via procreation and its symbolic propagation through parents' pre-natal preferences for heterosexuality in future children. While the parental "taste for heterosexuality" is often asserted for the sake of future children themselves, this justification overlooks the role of parental self-interest, including anticipated social gains to parents from heterosexuality in children. Hence the taste sets the stage both for sexual orientation-based abuse of future children and the devaluation of sexual minority adults. Courts too have a taste for heterosexuality, shown here in two state court cases denying gays and lesbians …


The Denial Of Emergency Protection: Factors Associated With Court Decision Making, Carol E. Jordan, Adam J. Pritchard, Pamela Wilcox, Danielle Duckett-Pritchard Jan 2008

The Denial Of Emergency Protection: Factors Associated With Court Decision Making, Carol E. Jordan, Adam J. Pritchard, Pamela Wilcox, Danielle Duckett-Pritchard

Office for Policy Studies on Violence Against Women Publications

Despite the importance of civil orders of protection as a legal resource for victims of intimate partner violence, research is limited in this area, and most studies focus on the process following a court’s initial issuance of an emergency order. The purpose of this study is to address a major gap in the literature by examining cases where victims of intimate partner violence are denied access to temporary orders of protection. The study sample included a review of 2,205 petitions that had been denied by a Kentucky court during the 2003 fiscal year. The study offers important insights into the …


Terminating Maintenance Payments When An Ex-Spouse Cohabitates In Illinois: When Is Enough Enough?, 41 J. Marshall L. Rev. 435 (2008), Allan L. Karnes Jan 2008

Terminating Maintenance Payments When An Ex-Spouse Cohabitates In Illinois: When Is Enough Enough?, 41 J. Marshall L. Rev. 435 (2008), Allan L. Karnes

UIC Law Review

No abstract provided.


The Intriguing Federalist Future Of Reproductive Rights, Scott A. Moss, Douglas M. Raines Jan 2008

The Intriguing Federalist Future Of Reproductive Rights, Scott A. Moss, Douglas M. Raines

Publications

As the decline of Roe v. Wade inspires renewed efforts to restrict federal constitutional abortion rights, the serious shortcomings of abortion rights advocates' strategies for preserving such rights will become increasingly apparent. Continued reliance on Roe is likely to fail with an increasingly unsympathetic Supreme Court. Even abortion rights supporters have begun to criticize the decision for weak reasoning, which is difficult to remedy at this late stage of federal abortion jurisprudence. Moreover, although autonomy and gender equality arguments for abortion rights would improve upon Roe's privacy rationale, such arguments would require abrogating substantial precedent and are, therefore, of limited …


Negotiating Divorce: Gender And The Behavioral Economics Of Divorce Bargaining, Tess Wilkinson-Ryan, Deborah Small Jan 2008

Negotiating Divorce: Gender And The Behavioral Economics Of Divorce Bargaining, Tess Wilkinson-Ryan, Deborah Small

All Faculty Scholarship

No abstract provided.


A Union Of Gender Equality And Pragmatic Patriarchy: International Marriages And Citizenship Laws In Singapore, Eugene K. B. Tan Jan 2008

A Union Of Gender Equality And Pragmatic Patriarchy: International Marriages And Citizenship Laws In Singapore, Eugene K. B. Tan

Research Collection Yong Pung How School Of Law

As a patriarchal society, government policies, societal norms and government regulations in Singapore mirror that normative ideal. Citizenship status and rights along gender lines, manifested in the legal recognition of children of international marriages, reflected this reality for much of Singapore's independence. However, the onslaught of globalization, the rise in international marriages, disconcerting declining birth rates, and an acceptance of 'foreign talent' have given the economic imperative and demographic impulse to grant citizenship (by descent) to a person born outside Singapore whose father or mother is a citizen of Singapore, by birth, registration or descent. Previously, such a person would …


Are You Still My Mother?: Interstate Recognition Of Adoptions By Gays And Lesbians, Rhonda Wasserman Jan 2008

Are You Still My Mother?: Interstate Recognition Of Adoptions By Gays And Lesbians, Rhonda Wasserman

Articles

Parents and their biological children routinely cross state borders safe in the assumption that the parent-child relationship will be recognized wherever they go. The central issue raised in this Article is whether the law guarantees parents and their adopted children the same security if the parents are gay. This question is part of a broader debate about the obligation of states to recognize changes in family status effected under the laws of other states, such as same-sex marriages and migratory divorces. The debate is divisive because it pits the family against the state; one state against another; and the needs …