Family Law Commons

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Recent Articles in Family Law

Prison, Foster Care, And The Systemic Punishment Of Black Mothers, Dorothy E. Roberts University of Pennsylvania Law School

Prison, Foster Care, And The Systemic Punishment Of Black Mothers, Dorothy E. Roberts

Faculty Scholarship

This article is part of a UCLA Law Review symposium, “Overpoliced and Underprotected: Women, Race, and Criminalization.” It analyzes how the U.S. prison and foster care systems work together to punish black mothers in a way that helps to preserve race, gender, and class inequalities in a neoliberal age. The intersection of these systems is only one example of many forms of overpolicing that overlap and converge in the lives of poor women of color. I examine the statistical overlap between the prison and foster care populations, the simultaneous explosion of both systems in recent decades, the injuries that ...


Paradigms Lost: How Domestic Partnership Went From Innovation To Injury, Melissa Murray Berkeley Law

Paradigms Lost: How Domestic Partnership Went From Innovation To Injury, Melissa Murray

Melissa Murray

No abstract provided.


Availability Of Spousal Privileges For Same-Sex Couples, Lisa Yurwit Bergstrom, W. James Denvil University of Maryland Francis King Carey School of Law

Availability Of Spousal Privileges For Same-Sex Couples, Lisa Yurwit Bergstrom, W. James Denvil

University of Maryland Law Journal of Race, Religion, Gender and Class

No abstract provided.


Let My Love Open The Door: The Case For Extending Marital Privileges To Unmarried Cohabitants, Julia Cardozo University of Maryland Francis King Carey School of Law

Let My Love Open The Door: The Case For Extending Marital Privileges To Unmarried Cohabitants, Julia Cardozo

University of Maryland Law Journal of Race, Religion, Gender and Class

No abstract provided.


Jewish Women Under Siege: The Fight For Survival On The Front Lines Of Love And The Law, Adam H. Koblenz University of Maryland Francis King Carey School of Law

Jewish Women Under Siege: The Fight For Survival On The Front Lines Of Love And The Law, Adam H. Koblenz

University of Maryland Law Journal of Race, Religion, Gender and Class

No abstract provided.


10 Years Out Of Step & Out Of Line: Florida’S Statutory Ban Of “Lesbi-Gay Adoption” Violates The Adoption And Safe Families Act Of 1997 (Asfa), Cynthia G. Hawkins-León, Anesha Worthy University of Maryland Francis King Carey School of Law

10 Years Out Of Step & Out Of Line: Florida’S Statutory Ban Of “Lesbi-Gay Adoption” Violates The Adoption And Safe Families Act Of 1997 (Asfa), Cynthia G. Hawkins-León, Anesha Worthy

University of Maryland Law Journal of Race, Religion, Gender and Class

No abstract provided.


The Debate Over The Denial Of Marriage Rights And Benefits To Same-Sex Couples And Their Children, Liz Seaton University of Maryland Francis King Carey School of Law

The Debate Over The Denial Of Marriage Rights And Benefits To Same-Sex Couples And Their Children, Liz Seaton

University of Maryland Law Journal of Race, Religion, Gender and Class

No abstract provided.


Do Moms And Dads Matter? Evidence From The Social Sciences On Family Structure And The Best Interests Of The Child, Maggie Gallagher, Joshua K. Baker University of Maryland Francis King Carey School of Law

Do Moms And Dads Matter? Evidence From The Social Sciences On Family Structure And The Best Interests Of The Child, Maggie Gallagher, Joshua K. Baker

University of Maryland Law Journal of Race, Religion, Gender and Class

No abstract provided.


Who's Your Daddy? Defining Paternity Rights In The Context Of Free, Private Sperm Donation, Lauren Gill College of William & Mary Law School

Who's Your Daddy? Defining Paternity Rights In The Context Of Free, Private Sperm Donation, Lauren Gill

William and Mary Law Review

No abstract provided.


A Child Needs A Champion: Guardian Ad Litem Representation For Prenatal Children, Mark H. Bonner, Jennifer A. Sheriff College of William & Mary Law School

A Child Needs A Champion: Guardian Ad Litem Representation For Prenatal Children, Mark H. Bonner, Jennifer A. Sheriff

William & Mary Journal of Women and the Law

No abstract provided.


Intimate Liability: Emotional Harm, Family Law, And Stereotyped Narratives In Interspousal Torts, Fernanda G. Nicola College of William & Mary Law School

Intimate Liability: Emotional Harm, Family Law, And Stereotyped Narratives In Interspousal Torts, Fernanda G. Nicola

William & Mary Journal of Women and the Law

Tort liability expanded in the twentieth century, a shift scholars generally attribute to the reorganization of tort law around the fault principle. In privileging compensation and deterrence, this reconfiguration ended various restrictions on liability, long viewed as arbitrary, including limits to the recovery for emotional harm and interspousal immunities. Tort and family law scholars alike portray the end of such immunities as a milestone for gender equality. Their elimination enables spouses and partners to secure compensation for emotional and physical abuse arising in intimate relationships. Yet, tort law is not operating in this way. On the contrary, by endorsing a ...


Marriage And The Court: San Francisco's Role In The Debate, Kathleen Morris Golden Gate University School of Law

Marriage And The Court: San Francisco's Role In The Debate, Kathleen Morris

Publications

No abstract provided.


A Barrier To Child Welfare Reform: The Supreme Court’S Flexible Approach To Federal Rule Of Civil Procedure 60(B)(5) And Granting Relief To States In Institutional Reform Litigation, Rachel Dunnington Seattle University School of Law

A Barrier To Child Welfare Reform: The Supreme Court’S Flexible Approach To Federal Rule Of Civil Procedure 60(B)(5) And Granting Relief To States In Institutional Reform Litigation, Rachel Dunnington

Seattle University Law Review

In a recent decision, Horne v. Flores, the Court demanded a broader and more flexible application of Federal Rule of Civil Procedure (Rule) 60(b)(5). In doing so, the Court opened the door for states to seek relief from court-enforced agreements like consent decrees. This decision undermines the use of institutional reform litigation as a means of fixing the child welfare system and thus deals a further blow to the nation’s most vulnerable citizens. This Note will discuss Horne’s impact on consent decrees stemming from institutional reform litigation in child welfare. Part II will explore the history ...


Equal Protection For Illegitimate Children In State Welfare Programs, Phillip North Pepperdine University

Equal Protection For Illegitimate Children In State Welfare Programs, Phillip North

Pepperdine Law Review

No abstract provided.


Illegitimate Children And Constitutional Review, Clayton W. Plotkin, John Vodonick Pepperdine University

Illegitimate Children And Constitutional Review, Clayton W. Plotkin, John Vodonick

Pepperdine Law Review

No abstract provided.


Recent Trends In California Law Concerning The Best Interests Of The Child, Darlene Selby Pepperdine University

California Custody Awards To Non-Parents: A View Of Civil Code Section 4600, Charles T. McHugh Pepperdine University

California Custody Awards To Non-Parents: A View Of Civil Code Section 4600, Charles T. Mchugh

Pepperdine Law Review

No abstract provided.


Prospective Changes In California Community Property Law, Pamela Hemminger Pepperdine University

Prospective Changes In California Community Property Law, Pamela Hemminger

Pepperdine Law Review

No abstract provided.


In Re Lisa R. 13 Cal. 3d 336, 532 P.2d 123, 119 Cal. Rptr. 475 (1975), Elliot Shelton Pepperdine University

In Re Lisa R. 13 Cal. 3d 336, 532 P.2d 123, 119 Cal. Rptr. 475 (1975), Elliot Shelton

Pepperdine Law Review

No abstract provided.


In Re Marriage Of Olhausen: The Characterization Of State Disability Retirement Benefits After Dissolution, John K. Hoover Pepperdine University

In Re Marriage Of Olhausen: The Characterization Of State Disability Retirement Benefits After Dissolution, John K. Hoover

Pepperdine Law Review

No abstract provided.