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What You Should Discuss Before The Big Day, Amy Harker 2017 prodo

What You Should Discuss Before The Big Day, Amy Harker

Amy Harker

No abstract provided.


Gender And Nation-Building: Family Law As Legal Architecture, Tracy E. Higgins, Rachel P. Fink 2017 University of Maine School of Law

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

Maine Law Review

In considering the legal architecture of nation-building, we might most readily think of public law as our subject insofar as it governs the relationship between the individual and the state, and establishes the institutions of governance and the sources and limits of their power. The essays in this volume, in large part, track this instinct in that they concern themselves with fields such as constitutional law, criminal law, and public international law. Closer to the margin of public and private law are essays dealing with various dimensions of the modern regulatory state, including banking and commercial transactions. In each of ...


The Crossroads Of A Legal Fiction And The Reality Of Families, Andrew L. Weinstein 2017 University of Maine School of Law

The Crossroads Of A Legal Fiction And The Reality Of Families, Andrew L. Weinstein

Maine Law Review

In Adoption of M.A., the Maine Supreme Judicial Court, sitting as the Law Court, held that an unmarried, same-sex couple could file a joint petition for adoption of two foster children in their care. This recent decision is only a fraction of a story that originated a long time ago when same-sex couples began raising children. This Comment begins by examining the role of the state courts and the United States Supreme Court in their exposition of family law relating to adoption by same-sex couples. The United States Supreme Court has periodically weighed in on family law and parenting ...


Stories Told And Untold: Confidentiality Laws And The Master Narrative Of Child Welfare, Matthew I. Fraidin 2017 University of Maine School of Law

Stories Told And Untold: Confidentiality Laws And The Master Narrative Of Child Welfare, Matthew I. Fraidin

Maine Law Review

In most states, child welfare hearings and records are sealed or confidential. This means that by law, court hearings and records may not be observed. The same laws and court rules also preclude those who are authorized to enter and watch from discussing anything learned or observed in a closed courtroom or from a sealed court record with anyone not involved in the case. It is the restriction on speech—on telling stories about child welfare—with which this Article is concerned. I will argue in this Article that the insights of narrative theory and agenda-setting studies help us understand ...


Mediating Towards Forgiveness & Family Reconciliation In Divorce; Select Issues In Dispute Resolution: Apology & Forgiveness, Selina J. Shultz 2017 Pepperdine University

Mediating Towards Forgiveness & Family Reconciliation In Divorce; Select Issues In Dispute Resolution: Apology & Forgiveness, Selina J. Shultz

Pepperdine Dispute Resolution Law Journal

This paper examines the importance of forgiveness and the rebuilding of trust in the reconciliation of the family during and after a divorce, and contemplates the mediator’s role in leading the parties in this direction.


In Re Parental Rights As To A.D.L., 133 Nev. Adv. Op. 72 (Oct. 5, 2017), Alexis Wendl 2017 University of Nevada, Las Vegas -- William S. Boyd School of Law

In Re Parental Rights As To A.D.L., 133 Nev. Adv. Op. 72 (Oct. 5, 2017), Alexis Wendl

Nevada Supreme Court Summaries

The Nevada Supreme Court held that (1) requiring a parent to admit guilt to a criminal act in order to maintain his or her parental rights violates that parent’s Fifth Amendment rights; and (2) substantial evidence must demonstrate that terminating parental rights is in the best interest of the children when a parent overcomes the presumptions in NRS 128.109(1)-(2).


Mediator Or Judge?: California’S Mandatory Mediation Statute In Child Custody Disputes, Sofya Perelshteyn 2017 Pepperdine University

Mediator Or Judge?: California’S Mandatory Mediation Statute In Child Custody Disputes, Sofya Perelshteyn

Pepperdine Dispute Resolution Law Journal

This article will argue that mandatory mediation offers important benefits, including lightening the overloaded court system and capitalizing on the flexibility and personalization of mediation in certain kinds of disputes. This article will also discuss how allowing the mediator to provide recommendations to the judge after unsuccessful negotiations can shatter the basic tenets of mediation and create an altogether different process for the dispute. Furthermore, it will argue that California’s mandatory mediation statute creates a system more akin to litigation, since the parties are presenting their case to a mediator who wears the hat of both mediator and judge ...


An Overview Of Religious Considerations In Child Custody Disputes, J. Michael Fitzgerald 2017 St. John's University School of Law

An Overview Of Religious Considerations In Child Custody Disputes, J. Michael Fitzgerald

The Catholic Lawyer

No abstract provided.


Regulating Nonmarriage, Albertina Antognini 2017 University of Kentucky College of Law

Regulating Nonmarriage, Albertina Antognini

Law Faculty Popular Media

In the Closing Thoughts column of UK Law Notes, Prof. Albertina Antognini discusses her research on the regulation of nonmarriage. Two years have elapsed since the Supreme Court recognized the constitutional right to marry in the landmark case of Obergefell v. Hodges. Much ink has been spilled in the opinion’s aftermath by scholars who have in turn lauded it for its promotion of dignity and equality, criticized it for having a conservative vision of what marriage entails, or pored over its reasoning to better understand the future it has ushered in. Underlying the opinion, and the recent scholarly debate ...


Gordon V. Geiger, 133 Nev. Adv. Op. 69 (Sept. 27, 2017), Rex Martinez 2017 University of Nevada, Las Vegas -- William S. Boyd School of Law

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.


Influences Of An "Annulment Mentality", Cornelius J. van der Poel, C.S.Sp 2017 St. John's University School of Law

Influences Of An "Annulment Mentality", Cornelius J. Van Der Poel, C.S.Sp

The Catholic Lawyer

No abstract provided.


An Empirical Study Of Property Divisions At Divorce, Margaret Ryznar 2017 Indiana University McKinney School of Law

An Empirical Study Of Property Divisions At Divorce, Margaret Ryznar

Pace Law Review

Much has been written about family law and how to fairly divide property between divorcing spouses. Without a good understanding of what courts are doing in the field, however, there is no baseline for theoretical frameworks. This Article fills the void by analyzing all divorce cases involving children that were filed in one county over several months. The resulting empirical data has implications for the meaning of fairness in divorce, the role of judicial discretion, and the incentives for contracting by couples. This Article also examines the underlying law in order to explore the correlation between the family law code ...


The Pro Bono Collaborative Project Spotlight 09-06-2017, Roger Williams University School of Law 2017 Roger Williams University

The Pro Bono Collaborative Project Spotlight 09-06-2017, Roger Williams University School Of Law

Pro Bono Collaborative Staff Publications

No abstract provided.


Beware The Mammoni: My Search To Understand Domestic Violence In Italian-American Culture And Rhode Island's Family Court, Anne Grant 2017 Anne Grant

Beware The Mammoni: My Search To Understand Domestic Violence In Italian-American Culture And Rhode Island's Family Court, Anne Grant

Dignity: A Journal on Sexual Exploitation and Violence

Since I disapproved of stereotypes, I found myself trying to comprehend Italian-American culture after I became executive director of the largest shelter in Rhode Island for battered women and their children. Many of those I met were fleeing Italian-American men. On 60 Minutes, Lesley Stahl reported from Italy about the large number of single men who still live with their parents and are known as mammoni, or “mama’s boys.” Their mothers dutifully cook and clean for them. The Roman Catholic Church’s view of the Holy Family reinforces mammoni culture. I learned that Rome’s founding legend starts with ...


Corporate Family Law, Allison Anna Tait 2017 University of Richmond School of Law

Corporate Family Law, Allison Anna Tait

Northwestern University Law Review

There is no such thing as corporate family law. But there are corporate families, and corporate families fight. What happens when corporate family members fight and the conflict is so severe that one or more of the parties wants out of the corporate relationship? Corporate law provides some solutions, but they are shaped by the assumption that all parties will bargain effectively for protections when seeking to exit a corporate relationship. Under this theory, family business is, after all, just business. The problem with this assumption is that corporate family members do not bargain the way that corporate law expects ...


Should Compensated Surrogacy Be Permitted Or Prohibited?, Cornell Law School. International Human Rights Policy Advocacy Clinic, National Law University, Delhi 2017 Cornell University Law School

Should Compensated Surrogacy Be Permitted Or Prohibited?, Cornell Law School. International Human Rights Policy Advocacy Clinic, National Law University, Delhi

Cornell Law Faculty Publications

Surrogacy provides a way for infertile people, as well as same-sex couples and single individuals, to become parents. Surrogacy is permitted in most states in the United States. In New York, however, surrogacy contracts are void and unenforceable according to a 1992 law. The Child-Parent Security Act of 2017 (the CPSA) would repeal this prohibition, make surrogacy agreements enforceable, and permit surrogates to be compensated for the gestational care they provide. In this report, we review the landscape of state laws in the United States, laws around the world, moral concerns that led to the adoption of the current New ...


The Effects Of Promising To Tell The Truth, The Putative Confession, And Recall And Recognition Questions On Maltreated And Non-Maltreated Children's Disclosure Of A Minor Transgression, Jodi A. Quas, Stacia N. Stolzenberg, Thomas D. Lyon 2017 Arizona State University

The Effects Of Promising To Tell The Truth, The Putative Confession, And Recall And Recognition Questions On Maltreated And Non-Maltreated Children's Disclosure Of A Minor Transgression, Jodi A. Quas, Stacia N. Stolzenberg, Thomas D. Lyon

University of Southern California Legal Studies Working Paper Series

This study examined the utility of two interview instructions designed to overcome children’s reluctance to disclose transgressions: eliciting a promise from children to tell the truth and the putative confession (telling children that a suspect “told me everything that happened and wants you to tell the truth”). The key questions were whether the instructions increased disclosure in response to recall questions and in response to recognition questions that were less or more explicit about transgressions, and whether instructions were differentially effective with age. Two-hundred and seventeen 4- to 9-year-old maltreated and comparable non-maltreated children played with a stranger. This ...


The Quality Of Life: From Roe To Quinlan And Beyond, Joseph Cincotta 2017 St. John's University School of Law

The Quality Of Life: From Roe To Quinlan And Beyond, Joseph Cincotta

The Catholic Lawyer

No abstract provided.


Babies Aren't U.S., Zachary J. Devlin 2017 University of Massachusetts School of Law

Babies Aren't U.S., Zachary J. Devlin

University of Massachusetts Law Review

Parental leave has been an on-going issue in the political process, most recently during this presidential election. This is because upon the birth or adoption of a child, many in the United States cannot afford to take time off from work to care for and integrate children into their families. This is especially true for the contemporary family. The Family and Medical Leave Act of 1993 (FMLA) was Congress’s attempt to strike equilibrium between employment and family and medical needs. The FMLA put legal emphasis on the family unit in an effort to neutralize gender discrimination while promoting gender ...


The Triple-C Impact: Responding To Childhood Exposure To Crime And Violence, Michal Gilad 2017 University of Pennsylvania

The Triple-C Impact: Responding To Childhood Exposure To Crime And Violence, Michal Gilad

Faculty Scholarship

The article is the first to take an inclusive look at the monumental problem of crime exposure during childhood, which is estimated to be one of the most damaging and costly public health and public safety problem in our society today. It takes-on the challenging task of ‘naming’ the problem by coining the term Comprehensive Childhood Crime Impact or in short the Triple-C Impact. Informed by scientific findings, the term embodies the full effect of direct and indirect crime exposure on children due to their unique developmental characteristics, and the spillover effect the problem has on our society as a ...


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