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Articles 301 - 330 of 514
Full-Text Articles in Entire DC Network
Equality And Justice For Lesbian And Gay Families And Relationships, Nancy Polikoff
Equality And Justice For Lesbian And Gay Families And Relationships, Nancy Polikoff
Scholarly Articles in Law Reviews & Journals
In 1989, Tom Stoddard and Paula Ettelbrick, attorneys with the gay rights group Lambda Legal, published side-by-side opposing essays about whether marriage for same-sex couples should be a movement priority. Rutgers Law Review is publishing a 2009 symposium commemorating the 20th anniversary of these now-iconic essays. This article is part of that symposium. It places the Ettelbrick essay, and the groundbreaking case of Braschi v. Stahl Associates decided the same year, in the context of the gay rights movement's strong support of family diversity. It then critiques the contemporary right-wing marriage movement for blaming all social problems on family diversity/aka …
Helping Parents Tell Their Children About Separation And Divorce: Social Science Frameworks And The Lawyer's Counseling Responsibility, Joan B. Kelly, Mary Kay Kisthardt
Helping Parents Tell Their Children About Separation And Divorce: Social Science Frameworks And The Lawyer's Counseling Responsibility, Joan B. Kelly, Mary Kay Kisthardt
Faculty Works
No abstract provided.
Clients Aging Out Of Care, Dale Margolin Cecka
Clients Aging Out Of Care, Dale Margolin Cecka
Law Faculty Publications
Youth aging out of foster care face an arduous road. Lawyers for foster youth must help to assure their safe and stable exit from the system and a comfortable transition into the next stage of their lives. Lawyers cannot rely on social service agencies and caseworkers to handle the myriad of issues that youth encounter, and many require court orders or other legal measures.
The Unintended Tax Advantages Of Gay Marriage, Theodore P. Seto
The Unintended Tax Advantages Of Gay Marriage, Theodore P. Seto
Washington and Lee Law Review
The Internal Revenue Code (the Code) contains numerous special rules applicable to the income taxation of persons related by marriage, birth, adoption, or ownership. This Article suggests a new approach to their analysis. Many basic tax rules assume that taxpayers are self-interested and unaffiliated. Where this assumption is incorrect, the Code makes adjustments to its otherwise applicable rules. Most of the resulting related-party antiavoidance rules apply only in the context of specified formal relationships-marriage, parent/child, or owner/business. The Article tests this thesis by comparing the income tax treatment of heterosexual married couples with that of gay couples in committed long-term …
Bringing The Greenbook To Life: A Resource Guide For Communities, Leigh S. Goodmark, Ann Rosewater
Bringing The Greenbook To Life: A Resource Guide For Communities, Leigh S. Goodmark, Ann Rosewater
Book Gallery
This book is designed for communities seeking to develop interventions that will improve their responses to families suffering both domestic violence and child maltreatment.
View From The Ivory Tower: Musings Of A Former Family Lawyer, David Spratt
View From The Ivory Tower: Musings Of A Former Family Lawyer, David Spratt
Scholarly Articles in Law Reviews & Journals
No abstract provided.
Jessica Gonzales V. United States: An Emerging Model For Domestic Violence & Human Rights Advocacy In The United States, Caroline Bettinger-López
Jessica Gonzales V. United States: An Emerging Model For Domestic Violence & Human Rights Advocacy In The United States, Caroline Bettinger-López
Articles
No abstract provided.
Family Law In The Twenty-First Century: An Annotated Bibliography, Nancy Levit
Family Law In The Twenty-First Century: An Annotated Bibliography, Nancy Levit
Faculty Works
The twenty-first century will bring, among other things, an explosion of technology (in domains ranging from electronic to reproductive), greater personal mobility, and an aging population. Thus, this bibliography emphasizes cutting edge issues in areas as wide-ranging as elder law, electronic discovery, changes in the legal profession (such as internet advertising and provision of legal services), multidisciplinary and multijurisdictional practice, and the new world of reproductive technologies. This bibliography covers law review articles, A.L.R. entries, and some web articles published after 2002, with an emphasis on those in more recent years. The bibliography for the first time expands to include …
What Do We Have Against Parents?: An Assessment Of Judicial Bypass Procedures And Parental Involvement In Abortions By Minors, Wade Schueneman
What Do We Have Against Parents?: An Assessment Of Judicial Bypass Procedures And Parental Involvement In Abortions By Minors, Wade Schueneman
Georgia Law Review
It is the established law of the land that minors enjoy a limited right to terminate unwanted pregnancies. States may restrain the exercise of this right by requiring parental consent or notification, but they must allow minors an opportunity to bypass consent requirements. This Note examines the history and present state of judicial and nonjudicial bypass mechanisms. It details the constraints and requirements imposed by state and federal constitutions, assesses the current landscape of parental involvement statutes, and provides prescriptive analysis as to how states might choose to refine and improve their bypass mechanisms to better protect parental rights.
Seeking Shelter In Tough Times: Securing Housing For Youth Who Age Out Of Foster Care, Dale Margolin Cecka
Seeking Shelter In Tough Times: Securing Housing For Youth Who Age Out Of Foster Care, Dale Margolin Cecka
Law Faculty Publications
Across the country, everyone is talking about a "housing crisis." For youth who age out of foster care, just finding a place to sleep each night is always a struggle. We know that nationally, 54% of recently aged-out youth are homeless or unstably housed. In addition, these youth face higher rates of unemployment, undereducation, teen pregnancy, and incarceration. In the last few years, lawmakers, advocates, and child welfare practitioners have finally started paying attention to adolescents discharged from foster care. This article focuses on laws and programs that target housing issues facing youth aging out of foster care. It also …
Pressures Toward Mediocrity In The Representation Of Children, Barbara Glesner Fines
Pressures Toward Mediocrity In The Representation Of Children, Barbara Glesner Fines
Faculty Works
When children are the subject of dependency, adoption or guardianship proceedings, protecting those children requires attention to a variety of interests. Children need a voice: an advisor and an advocate whose judgment is unclouded by conflicting interests. Courts need information that the adult parties to the proceedings may not easily discover or willingly provide. The families and social services agencies need monitors and mediators. The attorney guardian ad litem (GAL) is, in many situations, called upon to meet all these needs. During the past decade, major academic conferences and professional organizations have devoted thousands of hours to developing standards of …
In Defense Of The Indian Child Welfare Act In Aggravated Circumstances, C. Eric Davis
In Defense Of The Indian Child Welfare Act In Aggravated Circumstances, C. Eric Davis
Michigan Journal of Race and Law
The Indian Child Welfare Act (ICWA) affords various protections to Indian families throughout child welfare proceedings. Among them is the duty imposed upon the state to provide rehabilitative services to families prior to the outplacement of an Indian child, or termination of parental rights. An analogous provision for non-Indians in the Adoption and Safe Families Act (ASFA) excuses rehabilitative services in "aggravated circumstances" of child abuse. The ICWA contains no such exception, and that absence has been controversial. In 2002, the Alaska Supreme Court applied ASFA's aggravated circumstances exception to the ICWA, thereby excusing services when a father severely abused …
The African-American Child Welfare Act: A Legal Redress For African-American Disproportionality In Child Protection Cases, Jessica Dixon Weaver
The African-American Child Welfare Act: A Legal Redress For African-American Disproportionality In Child Protection Cases, Jessica Dixon Weaver
Faculty Journal Articles and Book Chapters
This article proposes a radical change in the way African-American children and families are handled within the legal system when abuse and neglect are at issue. African-American disproportionality in child protection cases is significant for the United States because documentation shows that African-American children are overrepresented in the child welfare system in forty-eight states, although research shows that there is no difference in the occurrence of child abuse and neglect among the races. The first part of the article presents an overview of disproportionality by presenting the national statistics and research, revealing where racial bias and disparate treatment occurs within …
Domestic Violence And The Workplace: The Explosion Of State Legislation And The Need For A Comprehensive Strategy, Deborah A. Widiss
Domestic Violence And The Workplace: The Explosion Of State Legislation And The Need For A Comprehensive Strategy, Deborah A. Widiss
Articles by Maurer Faculty
In recent years, domestic violence legislation has migrated out of its traditional locus in family law and criminal law to include a rapidly growing body of employment law. The new laws respond to a relatively simple problem: Economic security is one of the most important factors in whether a victim of domestic violence will be able to separate from an abusive partner, but domestic violence often interferes with victims' ability to maintain jobs, thus causing job loss that further traps victims in abusive relationships. By providing supports to victims and empowering employers to take direct legal action against perpetrators of …
Forced Marriage And The Granting Of Asylum: A Reason To Hope After Gao V. Gonzales, Cara Goeller
Forced Marriage And The Granting Of Asylum: A Reason To Hope After Gao V. Gonzales, Cara Goeller
William & Mary Journal of Race, Gender, and Social Justice
This note addresses the significance of Gao v. Gonzales through the analysis of the development of asylum gender laws in the United States. The analysis includes a brief history of asylum law in the United States and the issues the courts have addressed concerning gender and asylum law. The note concludes with an analysis of the Gao decision and the potential consequences of the decision.
Child Well-Being: A Beneficial Advocacy Framework For Improving The Child Welfare System?, Sarah H. Ramsey
Child Well-Being: A Beneficial Advocacy Framework For Improving The Child Welfare System?, Sarah H. Ramsey
University of Michigan Journal of Law Reform
This Article explores the advantages and disadvantages of child well-being as a child welfare system advocacy framework. It examines the use of the concept of child well-being as a social indicator and the importance of poverty rates to the child welfare system. It also examines the use of child well-being as an outcome measure for the child welfare system, in particular in Child and Family Service Reviews ("CFSRs") and court evaluations. The possible impact of the child wellbeing concept is considered in the context of several programs, including income supports and problem-solving courts. The Article concludes that, overall, well-being provides …
Advancing The Future Of Family Violence Law Pedagogy: The Founding Of A Law School Clinic, Melissa Breger, Theresa Hughes
Advancing The Future Of Family Violence Law Pedagogy: The Founding Of A Law School Clinic, Melissa Breger, Theresa Hughes
University of Michigan Journal of Law Reform
This Article advocates for law schools to integrate family violence law further into their curricula and proffers reasons why family violence training is critical in preparing students to practice law. The authors posit that although live-client specialty clinics are the most in-depth way to teach family violence law, the topic should also be offered through doctrinal courses, externships, or general subject matter clinics. The Article then describes the authors' own experiences in cofounding a child advocacy clinic in New York City, outlining the steps taken to transform a vision into the actual formation of a clinic. Finally, the authors conclude …
Looking Ahead: A Personal Vision Of The Future Of Child Welfare Law, Donald N. Duquette
Looking Ahead: A Personal Vision Of The Future Of Child Welfare Law, Donald N. Duquette
University of Michigan Journal of Law Reform
The participants in the Thirtieth Anniversary Celebration of the Child Advocacy Law Clinic were all challenged to envision the future of child welfare and to address these questions: What should the law and legal institutions governing children's rights and child and family welfare look like in thirty more years? What steps are necessary to achieve those goals? After setting out the historical and optimistic circumstance in which the Child Advocacy Law Clinic was founded, this Article responds to the organizing questions by presenting the author's vision of the future of child welfare law and practice. When families fail children, what …
Caring Too Little, Caring Too Much: Competence And The Family Law Attorney, Barbara Glesner Fines
Caring Too Little, Caring Too Much: Competence And The Family Law Attorney, Barbara Glesner Fines
Faculty Works
No abstract provided.
"Bad" Mothers And Spanish-Speaking Caregivers, Annette R. Appell
"Bad" Mothers And Spanish-Speaking Caregivers, Annette R. Appell
Nevada Law Journal
No abstract provided.
Reforming Divorce: What's Needed And What's Not, Marsha Garrison
Reforming Divorce: What's Needed And What's Not, Marsha Garrison
Pace Law Review
No abstract provided.
A Law Guardian By The Same Name: A Response To Professor Guggenheim's Matrimonial Commission Critique, Merril Sobie
A Law Guardian By The Same Name: A Response To Professor Guggenheim's Matrimonial Commission Critique, Merril Sobie
Pace Law Review
No abstract provided.
Appendix A: Matrimonial Commission Of The State Of New York, Report To The Chief Judge Of The State Of New York , Sondra Miller
Appendix A: Matrimonial Commission Of The State Of New York, Report To The Chief Judge Of The State Of New York , Sondra Miller
Pace Law Review
No abstract provided.
The Commission's Process And Recommendations, Sondra Miller
The Commission's Process And Recommendations, Sondra Miller
Pace Law Review
No abstract provided.
Connecticut Court Improvement Program Reassessment, Diane Gout, Karen Monahan, Anita St. Onge, Jean Bessette, Sameer Mahimkar
Connecticut Court Improvement Program Reassessment, Diane Gout, Karen Monahan, Anita St. Onge, Jean Bessette, Sameer Mahimkar
Children, Youth, & Families
In 2003, the U.S. Department of Health and Human Services, Children’s Bureau issued a program instruction that requires states to conduct a reassessment. The purpose of the reassessment is to update each state’s earlier assessment of court performance in processing child welfare cases and also to determine what progress has been made since the original assessments.
Steps Toward Safety: Improving Systemic And Community Responses For Families Experiencing Domestic Violence, Leigh S. Goodmark, Ann Rosewater
Steps Toward Safety: Improving Systemic And Community Responses For Families Experiencing Domestic Violence, Leigh S. Goodmark, Ann Rosewater
Book Gallery
This report is designed to mine the lessons learned from the research and reforms in child welfare and domestic violence, as well as explore possibilities for the next generation of innovation.
Reforming Divorce: What's Needed And What's Not, Marsha Garrison
Reforming Divorce: What's Needed And What's Not, Marsha Garrison
Faculty Scholarship
No abstract provided.
Nebraska Revised Statutes: Selected Provisions Pertaining To Child Welfare And Juvenile Justice, 2007 Edition
Center on Children, Families, and the Law (and Related Organizations): Publications
Table of Contents:
I. Duty and Power of DHHS Regarding the Protection of Children
II. General Social Services Provisions
III. Family Policy Act
IV. Child Abuse Mandatory Reporting Provisions
V. Central Register of Child Protection Cases and Child Fatality Information
VI. Child Abuse and Neglect Investigation and Treatment Teams
VII. Access to Information and Records
VIII. Nebraska Juvenile Code
IX. Foster Care
X. Nebraska Indian Child Welfare Act
XI. The Interstate Compact on the Placement of Children
XII. The Interstate Compact on Juveniles
XIII. Court Appointed Special Advocate Act
XIV. Juvenile Services Provisions:
A. Office of Juvenile Services [Health and …
A Law Guardian By The Same Name: A Response To Professor Guggenheim's Matrimonial Commission Critique, Merril Sobie
A Law Guardian By The Same Name: A Response To Professor Guggenheim's Matrimonial Commission Critique, Merril Sobie
Elisabeth Haub School of Law Faculty Publications
I commence this article with a discussion of the statutory provisions governing the appointment and responsibilities of attorneys who represent children in New York. Part II briefly outlines the chronological implementation from initial enactment through the Matrimonial Commission Report, a period spanning forty-five years. Parts III and IV explore the specific nature of child custody representation and the relationship between the attorney and the child client during the course of a frequently lengthy proceeding. Last, the Commission's conclusions and recommendations are critiqued in Parts V and VI.
Some Reflections About Three Decades Of Working With Incarcerated Mothers, Philip Genty
Some Reflections About Three Decades Of Working With Incarcerated Mothers, Philip Genty
Faculty Scholarship
Almost thirty years ago I was a second-year student in a law school clinic. I was making my first legal visit to a prison. My client, whom I will call "Dina," was meeting me to talk about some visitation issues with her young son. When she came into the visiting room she was poised and professional in demeanor. She began to explain that her son was being cared for by his paternal grandmother. The grandmother was unwilling to bring him to the prison to see her. As a result Dina had not seen her son for several months. Suddenly, and …