Family Law Commons^™

New Perspectives On European Women’S Legal History, Sara L. Kimble, Marion Rowekamp

Sara L Kimble

No abstract provided.

California Egg Toss - The High Costs Of Avoiding Unenforceable Surrogacy Contracts, Jennifer Jackson

Jennifer Jackson

In an emotionally charged decision regarding surrogacy contracts, it is important to recognize the ramifications, costs, and policy. There are advantages to both “gestational carrier surrogacy” contracts and “traditional surrogacy” contracts. However, this paper focuses on the differences between these contracts using case law. Specifically, this paper will focus on the implications of California case law regarding surrogacy contracts. Cases such as Johnson v. Calvert and In Re Marriage of Moschetta provide a clear distinction between these contracts. This distinction will show that while gestational carrier surrogacy contracts are more expensive, public policy and court opinions will provide certainty and ...

Rights In Separate Property Of Hindu Female – Challenge To Acquire A New Self, Archana Mishra

Archana Mishra

In India, among Hindus the customary laws sanctioned the male oriented law with respect to land and property and denied female their rights in land property. Access to economic rights, inheritance and property ownership to women has significant impact on her social and economic well-being. HSA, 1956 marks a new era in the Indian history of social legislation by removing, to an extent, the pre-existing discrimination in inheritance on grounds of gender and giving women access to economic rights. But the Act fails to live up to the promise of a legal system which aspires to ensure equality for all ...

Moving Beyond Marriage: A Proposed Unit Of Presumed Economic Interdependence For Joint Filing Purposes In Bankruptcy And In Tax, Heather V. Graham

Pace Law Review

In order to promote both equality and efficiency, this Comment proposes that individuals should have the opportunity to file jointly for tax and bankruptcy purposes when they have a relationship predicated upon economic interdependence, as opposed to basing the opportunity to file jointly upon marital status. Part I of this Comment will briefly discuss the history of marriage in the United States. In particular, Part I will discuss the role that the government has had in promoting and regulating marriage and how the treatment of married persons operates to the exclusion of the unmarried. Parts II and III of this ...

In The Heat Of The Moment: The Implications Of State V. Ness On Criminal Defendants' Rights In Minnesota Danco Proceedings, Aisha N. Servaty

Hamline Law Review

abstract

Artificial Insemination From Donor (Aid) – From Status To Contract And Back Again?, Yehezkel Margalit

Hezi Margalit

The last few decades have witnessed dramatic changes in the institutions of family and parenthood and an abandonment of the historical emphasis on their bionormative structures. These changes are the result of societal shifts with respect to public openness and technological innovations that segregate marital relations from sexuality and fertility. The resultant parenthood structures, which depart from traditional spousal and parental models, intensify the ability and need to determine legal parenthood in numerous unprecedented contexts. Sir Henry Maine famously stated that mankind is pacing from status toward contract. This theme has had particular resonance during the past half century in ...

Violent Video Games And The Rights Of Children And Parents: A Critique Of Brown V. Entertainment Merchants Association, Martin Guggenheim

New York University Public Law and Legal Theory Working Papers

This Article closely examines the 2011 Supreme Court decision in Brown v. Entertainment Merchants Association, 131 S.Ct. 2729 (2011), which held that California’s effort to restrict children’s access to violent video games violated the First Amendment. The Article will show that the Supreme Court widely missed the mark in applying well-established First Amendment law to strike down California’s effort to limit a minor’s access to material reasonably deemed inappropriate by parents. The Court’s principal error was to mischaracterize the statute as a ban on the distribution of material deemed inappropriate by the Legislature. This ...

Summary Of Holdaway-Foster V. Brunell, 130 Nev. Adv. Op. 51, Brian Vasek

Nevada Supreme Court Summaries

The Court determined whether (1) the Full Faith and Credit for Child Support Orders Act of 1994 applies retroactively, and (2) Nevada had continuing, exclusive jurisdiction over a 1985 child support order modified in Hawaii.

Summary Of Doan V. Wilkerson, 130 Nev. Adv. Op. 48, Kelsey Bernstein

Nevada Supreme Court Summaries

The Court determined two issues: 1) whether the six-month statute of limitations set forth in NRCP 60(b) applies to a motion for relief from a divorce decree, and (2) under what circumstances a marital asset adjudicated in court but omitted from the final divorce decree may be partitioned through a motion for relief from judgment.

Summary Of Druckman V. Ruscitti, 130 Nev. Adv. Op. 50, Allison Vitangeli

Nevada Supreme Court Summaries

The Court determined two issues: (1) the child custody rights of unmarried parents when the father’s paternity has been established pursuant to statute; and (2) whether the district court abused its discretion when it awarded primary physical custody of the child to the mother and granted the mother’s relocation request.

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

Touro Law Review

No abstract provided.

Proyecto Para El Matrimonio De Personas Del Mismo Sexo, Enrique Varsi Dr.

Enrique Varsi Rospigliosi

Identificar aquellos artículos del Código civil que tratan o se refieren al matrimonio como una institución esencialmente heterosexual a fin de sincerarlos y adecuarlos con criterio inclusivo a las relaciones personales y familiares actuales. Debe descartarse la diversidad de sexo como fuente en las relaciones interpersonales; contrario sensu, todos los sujetos, más allá de su sexualidad, tienen derecho a realizarse a través de las instituciones del Derecho de familia, hoy en día abiertas, comprensivas y democráticas.

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 ...

Court Of Appeals Of New York, Hernandez V. Robles, Gennaro Savastano

Touro Law Review

No abstract provided.

Statutory Prohibitions On Wrongful Birth Claims & Their Dangerous Effects On Parents, Cailin Harris

Boston College Journal of Law & Social Justice

Wrongful birth claims are negligence actions brought on behalf of children born with disabilities or genetic disorders that were not properly diagnosed before the child’s birth. The plaintiffs, typically the parents of the afflicted child, argue that without the defendant’s negligence, the parents would have had the opportunity to prevent the child’s birth and subsequent condition by choosing to terminate the pregnancy. A number of states have responded to the growing prevalence of wrongful birth claims by enacting legislation that bars plaintiffs from bringing wrongful birth actions. These statutes, however, pose a threat to the parental rights ...

Heal The Suffering Children: Fifty Years After The Declaration Of War On Poverty, Francine J. Lipman, Dawn Davis

Boston College Journal of Law & Social Justice

Fifty years ago, President Lyndon B. Johnson declared the War on Poverty. Since then, the federal tax code has been a fundamental tool in providing financial assistance to poor working families. Even today, however, thirty-two million children live in families that cannot support basic living expenses, and sixteen million of those live in extreme poverty. This Article navigates the confusing requirements of an array of child-related tax benefits including the dependency exemption deduction, head of household filing status, the Earned Income Tax Credit, and the Child Tax Credit. Specifically, this Article explores how altering the definition of a qualifying child ...

Supreme Court, Kings County, Wilson V. Kilkenny, James Dougherty

Touro Law Review

No abstract provided.

Conduct Obligations In Family Law Adr: History, Current Practice, Future Possibilities (Slideshow), Andrew Bickerdike

Timeliness in the Justice System: Ideas and Innovations

Slideshow by Mr Andrew Bickerdike, CEO, Relationships Australia, for the Timeliness in the Justice System: Ideas and Innovations forum, Australian Centre for Justice Innovation, Monash University, 16-17 May 2014.

Innovations in Timeliness – Obligations session, 3:45-4:45 pm, 16 May 2014

A Tale Of Two Countries: Comparing The Law Of Inheritance In Two Seemingly Opposite Systems , Ray D. Madoff

Boston College International and Comparative Law Review

Although at first glance French and U.S. inheritance laws appear to be diametrically opposed, this paper provides a deeper analysis. In doing so, it explains that nuances within both systems have made the laws more similar than they initially appear. U.S. inheritance laws, explicitly characterized by freedom of testation, include numerous substantive limits on how a testator may dispose of her property at death. Courts often use doctrines such as mental capacity, undue influence, and fraud to void wills that do not provide for the decedent’s children. Also, because over one half of all Americans die intestate ...

Navigating A Post-Windsor World: The Promise And Limits Of Marriage Equality, Nancy J. Knauer

Nancy J. Knauer

When the 2013 landmark decision in U.S. v. Windsor invalidated part of the Defense of Marriage Act (DOMA), it was hailed as a landmark civil rights victory, but its implementation has been far from seamless. The federal government has not applied a uniform rule for marriage recognition, applying a state-of-domicile rule for some purposes (Social Security) and a broader state-of-celebration rule for others (e.g., federal tax matters). Moreover, Windsor did not directly address the state-level marriage prohibitions that remain in place in the majority of states. As a result, the United States continues to be a patchwork of ...