Digital Commons Network^™

Family Courts As Certifying Agencies: When Family Courts Can Certify U Visa Applications For Survivors Of Intimate Partner Violence, Sylvia Lara Altreuter

Fordham Law Review

Undocumented intimate partner violence survivors living in the UnitedStates have limited options for immigration relief. One of the only avenuesopen to them is the U Visa: a nonimmigrant visa established by the BatteredImmigrant Women Protection Act of 2000. To apply for a U Visa, a survivormust prove to immigration authorities that she was the victim of a crime;suffered substantial abuse; and was, is,or is likely to be helpful in theinvestigation of her abuser. The statute requires that all U Visa applicationsbe certified by an appropriate officialwho testifies to the applicant’shelpfulness with the investigation. This certification is a tremendous obstaclefor survivors: …

Co-Parenting Woes: There's An App For That, Darla Jackson, Jim Calloway

Other Faculty Publications

No abstract provided.

Champions For Justice 2018, Roger Williams University School Of Law

School of Law Conferences, Lectures & Events

No abstract provided.

Spotlight On: National Immigrant Justice Center, Katie Curtis

Children's Legal Rights Journal

No abstract provided.

Repealing No-Fault Divorce Would Harm Survivors Of Domestic Violence In Texas, Judge Elmo B. Hunter Legal Center For Victims Of Crimes Against Women

Hunter Center Publications

For the past two legislative sessions, the Texas Legislature has explored the repeal of no-fault divorce in the state. This paper explains why such action would be detrimental to the more than five million survivors of domestic violence in Texas. Briefly stated, requiring proof of fault in order to obtain a divorce imposes financial burdens that trap victims in abusive relationships and increases the risk of harm and lethality.

The economic impacts of repealing unilateral no-fault divorce will adversely affect not only victims of domestic violence but also the State of Texas itself. By its nature, fault-based divorce is significantly …

Young People As Humans In Family Court Processes: A Child Rights Approach To Legal Representation, Donna J. Martinson, Caterina E. Tempesta

Canadian Journal of Family Law

The authors, a retired British Columbia Supreme Court judge and a senior member of Ontario’s Office of the Children’s Lawyer, address the important issue of legal representation for children. They are co-chairs of the Steering Committee which guided the development of the Canadian Bar Association’s new and comprehensive Child Rights Toolkit. As such, they are well-placed to discuss how a child rights approach, as required by the United Nations Convention on the Rights of the Child to which Canada is a ratifying party, supports legal representation for children who find themselves caught in contentious family law proceedings before the courts.

Access To Justice Through Limited Legal Assistance, Deborah L. Rhode, Kevin Eaton, Anna Porto

Northwestern Journal of Human Rights

This article describes an empirical survey of a limited legal assistance program designed to assist low-income individuals with family law matters. It begins by exploring the need for such research, given the nation’s shameful level of unmet legal needs, and the lack of rigorous evaluation of strategies designed to address those needs. The article discussion then describes the methodology of a survey of Alaska Legal Services’ limited legal assistance program, and the survey’s major findings. Among the most critical conclusions are that limited assistance is a cost-effective use of resources, but that more effort should center on provision of hands-on …

Judges Behaving Badly - Clinics Fighting Back: The Struggle For Special Immigrant Juveniles In State Dependency Courts In The Age Of Trump, Bernard P. Perlmutter

Articles

No abstract provided.

“Say What?”—Using Interpreters On Children’S Cases, Jennifer Baum

Faculty Publications

(Excerpt)

Much attention has been paid over the years to training lawyers on best practices for representing children, but scant attention has been paid to the proper representation of non-English speaking children. However, recent changes to the United States’ immigration policy and practice have thrust this extra-vulnerable client population into the legal spotlight, and children’s lawyers are increasingly being called upon to provide legal services to clients who require translation or interpretation.

While both terms are often used interchangeably, “translation” refers to the conversion of written materials from one language to another while “interpretation” means the conversion of speech from …

Alternative Spring Break 2018 Report, Roger Williams University School Of Law

School of Law Conferences, Lectures & Events

No abstract provided.

Dignity, Inequality, And Stereotypes, Luke A. Boso

Washington Law Review

In Obergefell v. Hodges, the Supreme Court held that same-sex marriage bans violate the Equal Protection Clause for two primary reasons. First, they subordinate; they send the message that lesbians and gays are inferior to heterosexuals. Second, they unequally deny lesbian and gay individuals the liberty to make fundamental decisions about identity and self. These two conjoined themes—anti-group subordination and pro-individual liberty—comprise the two pillars of “equal dignity” that anchor Obergefell’s holding. This Article proposes that these pillars also support the Court’s anti-stereotyping jurisprudence, and equal dignity is thus one important aspect of what the Equal Protection Clause …

Should Compensated Surrogacy Be Permitted Or Prohibited?, Cornell Law School. International Human Rights Policy Advocacy Clinic, National Law University, Delhi

Cornell Law Faculty Publications

Surrogacy provides a way for infertile people, as well as same-sex couples and single individuals, to become parents. Surrogacy is permitted in most states in the United States. In New York, however, surrogacy contracts are void and unenforceable according to a 1992 law. The Child-Parent Security Act of 2017 (the CPSA) would repeal this prohibition, make surrogacy agreements enforceable, and permit surrogates to be compensated for the gestational care they provide. In this report, we review the landscape of state laws in the United States, laws around the world, moral concerns that led to the adoption of the current New …

A Guide For Family Mediators: Working With Self-Represented Litigants, Kelly Browe Olson, Andrea Clark

Law Faculty Scholarship

No abstract provided.

A Case Against Collaboration, Rachel Rebouché

Maryland Law Review

In family law, as in other legal disciplines, the use of alternative dispute resolution has dramatically increased. In a process called collaborative divorce, separating spouses hire attorneys who agree to work together—almost entirely outside of the court system—to reach a settlement ending the marriage. A team of experts, including mental health professionals, financial neutrals, and parenting coordinators, helps the parties resolve conflicts and settle property, support, and custody disputes. For divorcing couples, the collaborative process promises emotional healing and avoidance of contentious litigation. Advocates for collaborative divorce describe the transformational effects of the process in an evangelical tone.

But collaborative …

Newroom: From The Bronx To Haiti: Asb 3-16-2017, Roger Williams University School Of Law

Life of the Law School (1993- )

No abstract provided.

Kentucky's Guardian Ad Litem Litigation: A Model For Seeking Role Clarity, Amy E. Halbrook

Children's Legal Rights Journal

No abstract provided.

Mothers In The Margins: Addressing The Consequences Of Criminal Records For Young Mothers Of Color, Jesse Krohn, Jaime Gullen

University of Baltimore Law Review

As young women pull ahead of young men in higher education, the wage gap narrows, and young men continue to be arrested and incarcerated at higher rates than young women, there has been much discussion at the policy level and in the media regarding the need to concentrate resources on men and boys. President Barack Obama’s “My Brother’s Keeper" and “Responsible Fatherhood” initiatives typify this shift.

As legal aid lawyers who represent youth, many of whom have been involved in the juvenile and criminal legal systems, we are pulled into the debate and asked to answer with increasing frequency: “What …

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 …

Family Violence And Evolving Judicial Roles: Judges As Equality Guardians In Family Law Cases, Donna Martinson, Margaret Jackson

Canadian Journal of Family Law

Access-to-justice studies initiated by Canadian lawyers and judges in the past four years have described the urgent need for family law reform. Reports from the studies discuss the need for a cultural shift—a fresh approach and a new way of thinking—in the reform process. A Roadmap for Change, the final report of the National Action Committee on Access to Justice, emphasizes the importance of providing justice, not just access: "Providing justice—not just in the form of fair and just process, but also in the form of fair and just outcomes—must be our primary concern." This article deals with the need …

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

Oklahoma Law Review

No abstract provided.

Rights Of Incarcerated Parents, Angélica Cházaro

Chapters in Books

This chapter discusses the childcare and custody rights of incarcerated parents. According to the U.S. Department of Justice, an estimated 809,800 state and federal prisoners were parents to children under the age of eighteen in 2007. There are approximately 1,706,600 children under the age of eighteen who have a parent in prison.

As a parent in prison, you may fear that your child will not be cared for, that you will lose your child, or that your relationship with your child will suffer while you are incarcerated. This Chapter focuses on New York state law and describes how the law …

Stanley V. Illinois'S Untold Story, Joshua Gupta-Kagan

Faculty Scholarship

Stanley v. Illinois is one of the Supreme Court’s more curious landmark cases. The holding is well known: the Due Process Clause both prohibits states from removing children from the care of unwed fathers simply because they are not married and requires states to provide all parents with a hearing on their fitness. By recognizing strong due process protections for parents’ rights, Stanley reaffirmed Lochner-era cases that had been in doubt and formed the foundation of modern constitutional family law. But Peter Stanley never raised due process arguments, so it has long been unclear how the Court reached this …

Result Inequality In Family Law, Margaret F. Brinig

Akron Law Review

To the extent that family law is governed by statute, all families are treated as though they are the same. This is of course consistent with the equal protection guarantees of the U.S. Constitution as well as those of the states. However, in our pluralistic society, all families are not alike. At birth, some children are born to wealthy, married parents who will always put the children’s interests first and will never engage in domestic violence. Many laws benefit these children, while, according to some academics, they either further disadvantage other children or at best ignore their needs.

This Article …

Video: Unbundled Legal Representation In Family Law: Ethically Managing The Challenges, Hilary A. Creary Esq., Sheena Benjamin-Wise Esq.

NSU Law Seminar Series

• Understand a lawyer's duty under Fla. Fam. L.R.P. 12.040 "limited appearance"
• Learn how to manage clients when delivering unbundled legal services in a limited representation matter
• How to handle limited representation in various contexts: mediation, domestic violence, and court hearings
• Avoiding ethical violations

Bridging The Justice Gap In Family Law: Repurposing Federal Iv-D Funding To Expand Community-Based Legal And Social Services For Parents, Lisa V. Martin, Stacy Brustin

Faculty Publications

Parents in family court overwhelmingly proceed pro se; however, in child support courtrooms, government attorneys representing the state child support agency frequently play a pivotal role. These attorneys represent the state’s ostensible interests in ensuring that children are financially supported and in preventing welfare dependence; they do not represent individual parents. The outcomes of child support proceedings have profound, long-term constitutional and financial implications for parents, yet litigants rarely understand their rights or the role of the government.

Originally, the goal of state child support enforcement efforts was to recapture the costs of welfare expenditures. In 1990, two-thirds of cases …

Newsroom: Defending The Defenseless, 5-26-2016, Roger Williams University School Of Law

Life of the Law School (1993- )

No abstract provided.

When Loss Of Legal Custody Is Like An Indeterminate Prison Sentence: Ohio's Elimination Of Indigent Parents' Right To Court Appointed Counsel In Civil Custody Suits, Renee Brunett

University of Cincinnati Law Review

No abstract provided.

Let’S Invest In People, Not Prisons: How Washington State Should Address Its Ex-Offender Unemployment Rate, Sara Taboada

Seattle Journal for Social Justice

No abstract provided.

Reflections On “Innovations In Family Dispute Resolution”, Deborah Thompson Eisenberg

Maryland Law Review Online

No abstract provided.

Moving Family Dispute Resolution From The Court System To The Community, Jane C. Murphy, Jana B. Singer

Maryland Law Review Online

No abstract provided.