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Racial Anxieties In Adoption: Reflections On Adoptive Couple, White Parenthood, And Constitutional Challenges To The Icwa, Addie C. Rolnick 2017 University of Nevada, Las Vegas -- William S. Boyd School of Law

Racial Anxieties In Adoption: Reflections On Adoptive Couple, White Parenthood, And Constitutional Challenges To The Icwa, Addie C. Rolnick

Scholarly Works

The Indian Child Welfare Act (ICWA) is under fire from people who argue that it interferes with adoptions and violates the constitution by doing so. The current crop of lawsuits is an outgrowth of a 2012 case in which the Supreme Court heard its second-ever challenge to the law. While the Court sidestepped the most far-reaching anti-ICWA arguments, the majority opinion evidenced a deep skepticism about the law. This skepticism led the Court to narrow the law’s application so that it didn’t apply to the family involved, and it seemed to invite further challenges to the law.


The Elective Share Has No Friends: Creditors Trump Spouse In The Battle Over The Revocable Trust, Angela M. Vallario 2017 University of Baltimore School of Law

The Elective Share Has No Friends: Creditors Trump Spouse In The Battle Over The Revocable Trust, Angela M. Vallario

All Faculty Scholarship

A revocable trust is a popular estate planning tool used to disinherit a spouse in sixteen jurisdictions. In common law jurisdictions, a surviving spouse, who is dissatisfied with his or her inheritance, has the right to receive an elective share of the decedent's estate regardless of the decedent's estate plan. However, sixteen jurisdictions have defined a dissatisfied spouse's rights with a fractional share of the deceased spouse's "net probate estate," allowing one spouse to disinherit the other, by single-handedly transferring his or her assets to a revocable trust. To add insult to injury seven of these ...


Editorial Board And Table Of Contents, 2017 Barry University School of Law

Editorial Board And Table Of Contents

Child and Family Law Journal

No abstract provided.


Hindering Permanency, One Ineffective Assistance Of Counsel Claim At A Time, Michael Andriano Esq. 2017 Barry University School of Law

Hindering Permanency, One Ineffective Assistance Of Counsel Claim At A Time, Michael Andriano Esq.

Child and Family Law Journal

No abstract provided.


Florida Adoption Intervention Statute: Balancing The Constitutional Rights Of The Parents With The Best Interest Of The Dependent Child, Taylor Smith 2017 Barry University - Dwayne O. Andreas School of Law

Florida Adoption Intervention Statute: Balancing The Constitutional Rights Of The Parents With The Best Interest Of The Dependent Child, Taylor Smith

Child and Family Law Journal

No abstract provided.


How Social Media Is Affecting The Lives Of Minors Including Current Legal Safeguards And Their Weaknesses, Erin Carpenter 2017 Barry University - Dwayne O. Andreas School of Law

How Social Media Is Affecting The Lives Of Minors Including Current Legal Safeguards And Their Weaknesses, Erin Carpenter

Child and Family Law Journal

No abstract provided.


"Jury Of My Peers": The Significance Of A Racially Representative Jury For Juveniles In Adult Court, Clyde Lemon 2017 Barry University - Dwayne O. Andreas School of Law

"Jury Of My Peers": The Significance Of A Racially Representative Jury For Juveniles In Adult Court, Clyde Lemon

Child and Family Law Journal

No abstract provided.


Quality Education For America’S Children With Disabilities: The Need To Protect Due Process Rights, Selene A. Almazan Esq., Andrew A. Feinstein Esq., Denise Stile Marshall M.S. 2017 UDC Law

Quality Education For America’S Children With Disabilities: The Need To Protect Due Process Rights, Selene A. Almazan Esq., Andrew A. Feinstein Esq., Denise Stile Marshall M.S.

Child and Family Law Journal

No abstract provided.


Racial And Gender Justice In The Child Welfare And Child Support Systems, Margaret Brinig 2017 Notre Dame Law School

Racial And Gender Justice In The Child Welfare And Child Support Systems, Margaret Brinig

Journal Articles

While divorcing couples in the United States have been studied for many years, separating unmarried couples and their children have proven more difficult to analyze. Recently there have been successful longitudinal ethnographic and survey-based studies. This piece uses documents from a single Indiana county’s unified family court (called the Probate Court) to trace the effects of race and gender on unmarried families, beginning with a sample of 386 children for whom paternity petitions were brought in four months of 2008. It confirms prior theoretical work on racial differences in noncustodial parenting and poses new questions about how incarceration and ...


Chickens And Eggs: Does Custody Move Support, Or Vise-Versa?, Margaret Brinig 2017 Notre Dame Law School

Chickens And Eggs: Does Custody Move Support, Or Vise-Versa?, Margaret Brinig

Journal Articles

Most, if not all, of the theoretical work on child support presupposes that it becomes an issue only when couples separate, that is, that the flow moves between custody and child support and that the duty to make monetary payments is typically owed by the noncustodial parent. (I realize, of course, that there can be issues regarding the identity of the payor and that there are criminal and civil actions possible when parents refuse or neglect to provide support to dependent children.) Some empirical work confirms the relationship between the two. For example, Judith Seltzer, Weiss and Willis, and Brinig ...


Another Look At The Need For Family Law Education Reform: One Law School's Innovations, Barbara A. Babb 2017 University of Baltimore School of Law

Another Look At The Need For Family Law Education Reform: One Law School's Innovations, Barbara A. Babb

All Faculty Scholarship

The pressing need to change family law education stems from increased numbers and types of family law matters before the courts, changing legal standards, and the evolution of family law practice. The Family Law Education Reform Project, the Families Matter Report, and the IAALS Family Bar Summit recommend that traditional family law education be supplemented to reflect the importance of a holistic blend of theory and practice. This involves expanding student clinical or experiential programs, incorporating interdisciplinary studies specific to the context of family law, and enhancing continuing legal education opportunities. As one law school example, the University of Baltimore ...


Adultery: Trust And Children, Margaret F. Brinig 2017 Notre Dame Law School

Adultery: Trust And Children, Margaret F. Brinig

Journal Articles

Deborah Rhode writes that while adultery is admittedly not good, it should not be criminal. She argues that it should not generate a tort action either, because the original purposes for which the torts of alienation of affections and criminal conversation come from a time with quite different views about marriage and gender, while no-fault and speedy divorce today give adequate remedies to the wronged spouse. Further, adultery should not affect employment (as a politician or in the military) unless it directly impacts job performance.

My own reluctance to disengage adultery and law stems from the seriousness of adultery. First ...


The Law Of Attorney Fees In Family Law Cases, Robert G. Spector, Carolyn S. Thompson 2017 University of Oklahoma College of Law

The Law Of Attorney Fees In Family Law Cases, Robert G. Spector, Carolyn S. Thompson

Oklahoma Law Review

No abstract provided.


Grasping Fatherhood In Abortion And Adoption, Malinda L. Seymore 2017 Texas A&M University School of Law

Grasping Fatherhood In Abortion And Adoption, Malinda L. Seymore

Faculty Scholarship

Biology makes a mother, but it does not make a father. While a mother is a legal parent by reason of her biological relationship with her child, a father is not a legal parent unless he takes affirmative steps to grasp fatherhood. Being married to the mother at the time of conception or at the time of birth is one of those affirmative steps. But if he is not married to the mother, he must do far more before he will be legally recognized as a father. Biology is often presented as a sufficient reason for this dichotomy--it is easy ...


Manhattan Court Rebuffs Ex-Partner Custody Claim, Arthur S. Leonard 2017 New York Law School

Manhattan Court Rebuffs Ex-Partner Custody Claim, Arthur S. Leonard

Other Publications

No abstract provided.


Mother. Orator. Woman Suffrage Leader: The Feminist Legacy Of Elizabeth Cady Stanton, Paula A. Monopoli 2017 University of Maryland School of Law

Mother. Orator. Woman Suffrage Leader: The Feminist Legacy Of Elizabeth Cady Stanton, Paula A. Monopoli

Faculty Scholarship

No abstract provided.


2016 Survey Of Rhode Island Law: Cases And Public Laws Of Note, 2017 Roger Williams University

2016 Survey Of Rhode Island Law: Cases And Public Laws Of Note

Roger Williams University Law Review

No abstract provided.


Tradition And Culture In Africa: Practices That Facilitate Trafficking Of Women And Children, Norah Hashim Msuya 2017 Mzumbe University

Tradition And Culture In Africa: Practices That Facilitate Trafficking Of Women And Children, Norah Hashim Msuya

Dignity: A Journal on Sexual Exploitation and Violence

Many states in Africa have adopted legislative, administrative and institutional measures to combat trafficking in human beings. These measures include, among other things, the formulation and implementation of both national and regional action plans by African states to provide for comprehensive and coordinated interventions. Many African countries have also enacted an anti-trafficking legislation at the country level. Despite these measures, African women and children have been trafficked annually worldwide for purposes of forced labor, sexual exploitation, and domestic servitude. Additionally, women and children are trafficked within their countries from rural to urban areas. Misconception and abuse of African tradition and ...


Criminal Law As Family Law, Andrea L. Dennis 2017 University of Georgia School of Law

Criminal Law As Family Law, Andrea L. Dennis

Scholarly Works

The criminal justice system has expanded dramatically over the last several decades, extending its reach into family life. This expansion has disproportionately and negatively impacted Black communities and social networks, including Black families. Despite these pervasive shifts, legal scholars have virtually ignored the intersection of criminal, family, and racial justice. This Article explores the gap in literature in two respects. First, the Article weaves together criminal law, family law, and racial justice by cataloging ways in which the modern criminal justice state regulates family life, particularly for Black families. Second, the Article examines the depth of criminal justice interference in ...


Seeing The Wrecking Ball In Motion: Ex Parte Protection Orders And The Realities Of Domestic Violence, 32 Wis. J.L. Gender & Soc'y 13 (2017), Debra Pogrund Stark, Jessica M. Choplin 2017 John Marshall Law School

Seeing The Wrecking Ball In Motion: Ex Parte Protection Orders And The Realities Of Domestic Violence, 32 Wis. J.L. Gender & Soc'y 13 (2017), Debra Pogrund Stark, Jessica M. Choplin

Faculty Scholarship

No abstract provided.


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