Whatever Your Thoughts On Marriage, Gay Divorce Is A Concern, 2019 William & Mary Law School
Whatever Your Thoughts On Marriage, Gay Divorce Is A Concern, Nathan B. Oman
Nathan B. Oman
No abstract provided.
Burke Triumphs Over Jefferson In New York Same-Sex Marriage Decision, 2019 William & Mary Law School
Burke Triumphs Over Jefferson In New York Same-Sex Marriage Decision, Nathan B. Oman
Nathan B. Oman
No abstract provided.
Bargaining In The Shadow Of God's Law: Islamic Mahr Contracts And The Perils Of Legal Specialization, 2019 William & Mary Law School
Bargaining In The Shadow Of God's Law: Islamic Mahr Contracts And The Perils Of Legal Specialization, Nathan B. Oman
Nathan B. Oman
No abstract provided.
For Richer Or Poorer, 'Til Decree Do Us Part - A Spouse's Entitlement To Division Of Pension Funds And Professional Degrees As Marital Property, 2019 William & Mary Law School
For Richer Or Poorer, 'Til Decree Do Us Part - A Spouse's Entitlement To Division Of Pension Funds And Professional Degrees As Marital Property, Linda A. Malone
Linda A. Malone
No abstract provided.
On Children And Dual Nationality: Sabet And The Islamic Republic Of Iran, 2019 William & Mary Law School
On Children And Dual Nationality: Sabet And The Islamic Republic Of Iran, Nancy Amoury Combs
Nancy Combs
The Iran-United States Claims Tribunal's recent decision in Sabet and The Islamic Republic of Iran sheds new light on difficult issues concerning the dual nationality of minors. In particular, the case was the first in which the Tribunal determined minor dual national claimants to have a dominant and effective nationality different from that of either of their parents. Further, the Tribunal broke new ground in its analysis of 'the caveat,' an equitable doctrine that can bar the claims of dual nationals. This article applauds the Tribunal's advances in its caveat jurisprudence and develops a new approach that would further those …
Protecting The Expecting: A Proposal To Include Pregnancy As An Aggravating Circumstance, 2019 St. John's University School of Law
Protecting The Expecting: A Proposal To Include Pregnancy As An Aggravating Circumstance, Nicole Atlak
Journal of Civil Rights and Economic Development
(Excerpt)
This Note brings attention to the New York Legislature’s failure to consider the unique vulnerability and harms of pregnant victims of domestic violence and proposes a statutory amendment. This Note proposes that Section 827(a)(vii) of New York’s Family Court Act be amended to include an additional aggravating circumstance with language to the effect of “any physical injury or psychological, emotional or sexual abuse to a pregnant woman.” This addition is necessary to ensure the list of aggravating circumstances is thorough, and more complete in encompassing all serious and heinous domestic abuse.
Part II of this Note will offer a …
Spousal Support And Domestic Violence: What Happens When The Dependent Spouse Is The Abuser?, 2019 St. John's University School of Law
Spousal Support And Domestic Violence: What Happens When The Dependent Spouse Is The Abuser?, Maria Stamatelatos
Journal of Civil Rights and Economic Development
(Excerpt)
Therefore, this Note proposes that New York and other states enact legislation similar to that of the California Family Code, which enacted statutes that prevent someone from obtaining spousal support if they attempted to murder their spouse, committed a violent sexual felony against their spouse, or were convicted of a domestic violence offense against their spouse. The reformed legislation would prohibit judges from awarding spousal support to individuals convicted of attempting to murder their spouse, and would require courts to look carefully at the facts surrounding each case where a spouse has been indicted or convicted of a violent …
The Indian Child Welfare Act: A Brief Overview To Contextualize Current Controversies., 2019 University of Michigan Law School
The Indian Child Welfare Act: A Brief Overview To Contextualize Current Controversies., Frank E. E. Vandervort
Articles
Congress passed and the president signed the Indian Child Welfare Act (ICWA) into federal law in 1978. Because the Constitution grants to Congress the authority to make law regarding Indian tribes, ICWA’s provisions are mandatory, unlike other federal child welfare legislation such as the Child Abuse Prevention and Treatment Act, which are voluntary. State authorities handling any case involving an “Indian child” must comply with ICWA.
Response To: How Should We Respond To Pregnancy And Substance Use?, 2019 University of Michigan Law School
Response To: How Should We Respond To Pregnancy And Substance Use?, Frank E. E. Vandervort, Vincent J. Palusci
Articles
We begin our reply by asking the reader to consider this typical case taken from Professor Vandervort’s current practice. It is one of several similar cases currently being handled by the clinic he works in and similar to many dozens—perhaps hundreds—of cases handled over the past 30 years.
To Protect And Provide For Children, Prenatal Substance Use Must Be Considered Abuse., 2019 University of Michigan Law School
To Protect And Provide For Children, Prenatal Substance Use Must Be Considered Abuse., Frank E. E. Vandervort, Vincent J. Palusci
Articles
The use of drugs and alcohol during pregnancy is harmful to the developing child. When children are born having been exposed to these substances, children’s protective services should uniformly substantiate child maltreatment in order to ensure that the child’s parent(s) and the child receive the treatment and services necessary to address the child’s immediate safety, protect the government’s compelling interest in the child’s welfare, and ensure the best long-term outcome for the child.
Which Side Are You On?, 2019 William & Mary Law School
Victory By Litigation Would Be Hollow: Front Burner, 2019 William & Mary Law School
Victory By Litigation Would Be Hollow: Front Burner, James G. Dwyer
James G. Dwyer
No abstract provided.
The Good, The Bad, And The Ugly Of Employment Division V. Smith For Family Law, 2019 William & Mary Law School
The Good, The Bad, And The Ugly Of Employment Division V. Smith For Family Law, James G. Dwyer
James G. Dwyer
No abstract provided.
The Ever-Shrinking Case For A Constitutional Right To Same-Sex Marriage, 2019 William & Mary Law School
The Ever-Shrinking Case For A Constitutional Right To Same-Sex Marriage, James G. Dwyer
James G. Dwyer
No abstract provided.
The Child Protection Pretense: States' Continued Consignment Of Newborn Babies To Unfit Parents, 2019 William & Mary Law School
The Child Protection Pretense: States' Continued Consignment Of Newborn Babies To Unfit Parents, James G. Dwyer
James G. Dwyer
No abstract provided.
The Children We Abandon: Religious Exemptions To Child Welfare And Education Law As Denials Of Equal Protection To Children Of Religious Objectors, 2019 William & Mary Law School
The Children We Abandon: Religious Exemptions To Child Welfare And Education Law As Denials Of Equal Protection To Children Of Religious Objectors, James G. Dwyer
James G. Dwyer
The story of children who die because their parents, in observance of their own religious principles, withhold conventional medical treatment from them is a familiar one. In this Article, James G. Dwyer shows that the phenomenon of parents denying secular benefits to their children for religious reasons goes far beyond these few highly publicized cases, extending into the realm of education as well as medical care. Moreover, Dr. Dwyer shows that the federal and state governments endorse this practice by statutorily exempting 'religious objector' parents from otherwise generally applicable compulsory child care and education laws. He argues that courts addressing …
Setting Standards For Parenting - By What Right?, 2019 William & Mary Law School
Setting Standards For Parenting - By What Right?, James G. Dwyer
James G. Dwyer
Mental health professionals, like other professionals involved in family
matters, feel constrained when advocating for the interests of children by the belief
that parents are entitled to custody and control of their children's lives, regardless of
what others may think of their parenting behavior, absent severe harm to the children.
This belief is morally untenable, and the legal doctrine of parental rights that is its
concrete embodiment is inconsistent with other well-established legal principles and
should be abandoned. Children alone should have legal rights in connection with their
upbringing, and those rights should include an entitlement to much higher standards …
Spiritual Treatment Exemptions To Child Medical Neglect Laws: What We Outsiders Should Think, 2019 William & Mary Law School
Spiritual Treatment Exemptions To Child Medical Neglect Laws: What We Outsiders Should Think, James G. Dwyer
James G. Dwyer
No abstract provided.
Parents' Self-Determination And Children's Custody: A New Analytical Framework For State Structuring Of Children's Family Life, 2019 William & Mary Law School
Parents' Self-Determination And Children's Custody: A New Analytical Framework For State Structuring Of Children's Family Life, James G. Dwyer
James G. Dwyer
No abstract provided.
Same-Sex Cynicism And The Self-Defeating Pursuit Of Social Acceptance Through Litigation, 2019 William & Mary Law School
Same-Sex Cynicism And The Self-Defeating Pursuit Of Social Acceptance Through Litigation, James G. Dwyer
James G. Dwyer
No abstract provided.