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5,595 full-text articles. Page 118 of 127.

Child Sexual Abuse In Custody And Visitation Disputes: Problems, Progress, And Prospects, Susan Romer 2010 Golden Gate University School of Law

Child Sexual Abuse In Custody And Visitation Disputes: Problems, Progress, And Prospects, Susan Romer

Golden Gate University Law Review

This Comment will focus on cases involving allegations of child sexual abuse made during divorce proceedings or during post-judgment custody and visitation disputes. California law is the primary focus. New York cases, statutes and procedures are compared and contrasted. The Comment first discusses studies of the veracity of allegations of sexual abuse arising in custody and visitation cases. Secondly, it addresses the methods used in the investigation and assessment of child sexual abuse charges. Finally, it explores which court is best able to decide these cases.


Lavender Bruises: Intra-Lesbian Violence, Law And Lesbian Legal Theory, Ruthann Robson 2010 Golden Gate University School of Law

Lavender Bruises: Intra-Lesbian Violence, Law And Lesbian Legal Theory, Ruthann Robson

Golden Gate University Law Review

This Article seeks to elucidate the confusion between sexuality and violence that confounds legal treatments of intra-lesbian violence. This confusion is both explicitly and implicitly revealed in judicial decisions and legislative enactments. A distinct but intertwined task of this Article is to situate intra-lesbian violence within the development of a lesbian legal theory. It is intra-lesbian violence that makes equally untenable either a separatist lesbian legal theory (eschewing all reference to a patriarchal legal system) or an assimilationist lesbian legal theory (advocating lesbianism as an irrelevant factor in legal determinations).


The Parental Kidnapping Prevention Act: How Can Non-Marital Children Be Protected?, Nancy S. Erickson 2010 Golden Gate University School of Law

The Parental Kidnapping Prevention Act: How Can Non-Marital Children Be Protected?, Nancy S. Erickson

Golden Gate University Law Review

Parental kidnapping has been called "one of the most subtle and brutal forms of child abuse." In response to the seriousness of the problem of childsnatching and its increasing incidence in this country, steps have been taken on both state and federal levels. The UCCJA was approved by the National Conference of Commissioners on Uniform State Laws and by the American Bar Association in 1968. By 1984 it had been enacted in all states and the Virgin Islands. Virtually all states have also enacted criminal parental kidnapping statutes. In 1980, Congress passed the Parental Kidnapping Prevention Act (PKPA), which not ...


Half A Loaf Is Better Than None: Sullivan Revisited, Bruce H. Rhodes 2010 Golden Gate University School of Law

Half A Loaf Is Better Than None: Sullivan Revisited, Bruce H. Rhodes

Golden Gate University Law Review

Janet and Mark Sullivan married in September of 1967. Mark entered medical school the following year while Janet completed her undergraduate studies. For the next nine years of their ten year marriage, Mark attended medical school for four years, then completed his internship and his residency for five years. Janet provided support by working full time, and then part time when they moved to Oregon in 1972 for the benefit of Mark's career. She continued to work part time after their daughter was born in 1974. Janet and Mark separated in 1977 or 1978, then Mark set up his ...


Taylor V. Polackwich: Property Rights Of Unmarried Cohabitants - From Marvin To Equity, Jeffrey S. Rosen 2010 Golden Gate University School of Law

Taylor V. Polackwich: Property Rights Of Unmarried Cohabitants - From Marvin To Equity, Jeffrey S. Rosen

Golden Gate University Law Review

This note examines the rights of unmarried partners upon separation in regard to the division of property acquired during cohabitation. It will be argued that adherence to the governing law does not achieve equitable results. This note proposes that a more equitable division of property acquired during cohabitation may be realized through application of community property principles.


Adult Adoption: A "New" Legal Tool For Lesbians And Gay Men, Peter N. Fowler 2010 Golden Gate University School of Law

Adult Adoption: A "New" Legal Tool For Lesbians And Gay Men, Peter N. Fowler

Golden Gate University Law Review

This Comment explores the current statutory framework for adult adoption, the parameters of the legal relationship created, and the scope of the right to privacy issues involved in the exercise of this statutory right. In addition, possible motives individuals may have for utilizing adult adoption, the need for attorneys to identify potential problem areas for their clients, and the potential disadvantages of such a legal relationship, particularly with respect to the dynamics of the individuals' relationship, are discussed.


Panel: Domestic Violence And Custody - "To Ensure Domestic Tranquility", 2010 Golden Gate University School of Law

Panel: Domestic Violence And Custody - "To Ensure Domestic Tranquility"

Golden Gate University Law Review

The prevalence of divorce and domestic violence brings Americans before family courts in unprecedented numbers. Courts are overwhelmed by this flood of litigation and are seeking new ways to resolve these conflicts. Custody awards are made against a shifting background of feminist politics and reactionary backlash. In an effort to provide NAWJ judges with perspective on the shared difficulties of awarding (joint) custody, the Panel on Domestic Violence and Custody convened legal and mental health professionals to discuss the related issues of joint custody, mediation, and domestic violence.


Parental Notification: A State-Created Obstacle To A Minor Woman's Right Of Privacy, Susan A. Bush 2010 Golden Gate University School of Law

Parental Notification: A State-Created Obstacle To A Minor Woman's Right Of Privacy, Susan A. Bush

Golden Gate University Law Review

This Comment argues that parental notification statutes unduly burden a minor woman's right of privacy as they impose a state-created obstacle to minor women who wish to exercise their right to have an abortion. This right means very little if state regulations or restrictions make access to abortions difficult or impossible. The interests that such regulations seek to protect - the health of the minor and the parent-child relations - are not served by parental notification. The health consequences for minor women who bear children are severe and the psychological health of minor women can be detrimentally affected by requiring parental ...


Second Thoughts On Joint Child Custody: Analysis Of Legislation And Its Implications For Women And Children, Joanne Schulman, Valerie Pitt 2010 Golden Gate University School of Law

Second Thoughts On Joint Child Custody: Analysis Of Legislation And Its Implications For Women And Children, Joanne Schulman, Valerie Pitt

Golden Gate University Law Review

The purpose of this article is to review and analyze joint custody legislation and its implications for future custody litigation. However, discussion of joint custody must include an awareness of who its proponents are and their motivations, as well as the effect it will have on the lives of women who remain the primary caretakers of children, for "[i]n the background of the arguments over joint custody lies the age old 'battle of the sexes' and the current change in lifestyles." That the current joint custody trend is a backlash to the feminist movement and women's struggle for ...


The Nonmarital Sexual Conduct Of Custodial Mothers: A Study Of California's Precarious Parental Rights, Barbara Child 2010 Golden Gate University School of Law

The Nonmarital Sexual Conduct Of Custodial Mothers: A Study Of California's Precarious Parental Rights, Barbara Child

Golden Gate University Law Review

Mothers of minor children engage in sexual conduct with men to whom they are not married. That is no longer a shocking truth. Nonetheless, those mothers continue to live with a Damocles sword hanging over their heads. Their sexual conduct can still cause them to lose their children, even in these supposedly liberated times in the state of California. This Article surveys the cases in which the most commonly used ambiguous statutes together with secure judicial discretion have been brought to bear on custodial mothers who either by choice or by economic necessity do not live conventional middleclass lives. The ...


Inequity & Economics: Federal Income, Gift And Estate Tax Treatment Of De Facto Families, Michael Zaidel 2010 Golden Gate University School of Law

Inequity & Economics: Federal Income, Gift And Estate Tax Treatment Of De Facto Families, Michael Zaidel

Golden Gate University Law Review

Disparate tax treatment of married couples in common law vis-a-vis community property states led to remedial congressional action a generation ago. The current inequity lies between married and unmarried couples. Correcting that imbalance will again require congressional action. Nevertheless, this Comment argues that precedent exists for judicial remedy of some of the inequitable tax burdens of the unmarried couple. Tax planning is beyond the scope of this Comment, but suggestions will be offered. Property rights and contract formation are treated only to the extent of their tax ramifications.


A Case Of Forced Equity: Obtaining Spousal And Child Support From A Member Of The Armed Forces, Georgetta Beck 2010 Golden Gate University School of Law

A Case Of Forced Equity: Obtaining Spousal And Child Support From A Member Of The Armed Forces, Georgetta Beck

Golden Gate University Law Review

This Comment presents an overview of procedures which the practitioner may employ to obtain spousal and child support from a service member stationed in the United States, identifies problems which may arise in these efforts, and discusses strategies to overcome those obstacles. The first section explains the military procedure for obtaining support and discusses the advantages and disadvantages of that approach. This Comment will focus on Army procedure and regulations; other branches of the Armed Forces have a similar, but not identical, approach to the pervasive problem of nonsupport. The second section discusses problems peculiar to obtaining a support order ...


Joint Custody As A Statutory Presumption: California's New Civil Code Sections 4600 And 4600.5, Nancy K. Lemon 2010 Golden Gate University School of Law

Joint Custody As A Statutory Presumption: California's New Civil Code Sections 4600 And 4600.5, Nancy K. Lemon

Golden Gate University Law Review

On January 1, 1980, California, in enacting Civil Code sections 4600 and 4600.5, became the first state in the nation to operate under statutes not only authorizing joint custody awards upon divorce, but also establishing a presumption that joint custody is in the best interests of the child when both parents request it. This Article will examine the history of joint custody and of the legislative process, present guidelines for judicial interpretation, and undertake an analysis of the implications for women in the new statutes.


Matrimonio Homoafectivo, Enrique Varsi Dr. 2010 Universidad de Lima, Perú

Matrimonio Homoafectivo, Enrique Varsi Dr.

Enrique Varsi Rospigliosi

No abstract provided.


Consideraciones En Torno De La Indignidad Para Suceder. Una Lectura Civil Del Caso "Espino Vásquez", Leysser L. Leon 2010 Catholic University of Lima - Perú

Consideraciones En Torno De La Indignidad Para Suceder. Una Lectura Civil Del Caso "Espino Vásquez", Leysser L. Leon

Leysser L. León

El análisis histórico-comparativo de una antigua institución del derecho de sucesiones (la indignidad para suceder) muestra su utilidad para dilucidar dos cuestiones decisivas en el sonado caso del asesinato de la abogada Vásquez Marín (por el que se investiga a su hija, Elizabeth Espino Vásquez): (1) que no se requiere una condena penal para que proceda la declaración de indignidad; y (2) que sentencia de declaración de indignidad no es constitutiva de derechos.


The Problem Of Parental Relocation: Closing The Loophole In The Law Of International Child Abduction, Maryl Sattler 2010 Washington and Lee University School of Law

The Problem Of Parental Relocation: Closing The Loophole In The Law Of International Child Abduction, Maryl Sattler

Washington and Lee Law Review

No abstract provided.


The Division Of Matrimonial Assets: A Mathematical Methodology As A "Check"? Ajr V. Ajs, Siyuan CHEN 2010 Singapore Management University

The Division Of Matrimonial Assets: A Mathematical Methodology As A "Check"? Ajr V. Ajs, Siyuan Chen

Research Collection School Of Law

In a recent High Court decision concerning the division of matrimonial assets, the Judge developed an extensive (and somewhat mathematical) methodology “as a rough check” to his discretionary powers in determining a “just and equitable” division of the matrimonial assets. This introduced a new perspective to an exercise long considered to be impossible to be mathematically precise. This piece considers the extent of the utility of the new methodology.


Macarthur Foundation, Consultant, Francine Sherman 2010 Boston College Law School

Macarthur Foundation, Consultant, Francine Sherman

Francine T. Sherman

Consulted on ways to incorporate girls' issues into MacArthur Foundation juvenile justice grant-making


Women And Welfare: The Cycle Of Female Poverty, Andra M. Pearldaughter, Vivian Schneider 2010 Golden Gate University School of Law

Women And Welfare: The Cycle Of Female Poverty, Andra M. Pearldaughter, Vivian Schneider

Golden Gate University Law Review

No abstract provided.


The Lesbian Family: Rights In Conflict Under The California Uniform Parentage Act, Stuart A. Sutton 2010 Golden Gate University School of Law

The Lesbian Family: Rights In Conflict Under The California Uniform Parentage Act, Stuart A. Sutton

Golden Gate University Law Review

No abstract provided.


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