Open Access. Powered by Scholars. Published by Universities.®
- Institution
-
- University of Michigan Law School (37)
- University of Baltimore Law (24)
- Loyola University Chicago, School of Law (23)
- Seattle University School of Law (22)
- The Catholic University of America, Columbus School of Law (19)
-
- Roger Williams University (18)
- University of Maryland Francis King Carey School of Law (18)
- American University Washington College of Law (17)
- The Peter A. Allard School of Law (16)
- University of Missouri-Kansas City School of Law (14)
- Columbia Law School (13)
- University of Nevada, Las Vegas -- William S. Boyd School of Law (13)
- Maurer School of Law: Indiana University (12)
- Fordham Law School (11)
- Pace University (10)
- University of Richmond (9)
- William & Mary Law School (9)
- Southern Methodist University (8)
- University at Buffalo School of Law (8)
- Brigham Young University Law School (7)
- Penn State Dickinson Law (7)
- Touro University Jacob D. Fuchsberg Law Center (7)
- University of Arkansas Little Rock (7)
- University of Miami Law School (7)
- Mitchell Hamline School of Law (6)
- University of Florida Levin College of Law (6)
- University of the District of Columbia School of Law (6)
- Maurice A. Deane School of Law at Hofstra University (5)
- Pepperdine University (5)
- St. Mary's University (5)
- Keyword
-
- Family law (40)
- Children (34)
- Domestic violence (30)
- Divorce (29)
- Child welfare (20)
-
- Custody (19)
- Family (16)
- Lawyers (16)
- Women (16)
- Adoption (15)
- Families (14)
- Foster care (14)
- Law (13)
- Legal (13)
- Child (12)
- Marriage (12)
- New York (12)
- Poverty (12)
- Domestic Violence (11)
- Family Law (11)
- Family court (11)
- Parents (11)
- Child abuse (10)
- Child protection (10)
- Domestic Relations (10)
- Justice (10)
- Access to justice (9)
- Child support (9)
- Representation (9)
- Low-income (8)
- Publication Year
- Publication
-
- Faculty Scholarship (36)
- All Faculty Scholarship (20)
- Articles (20)
- Children's Legal Rights Journal (18)
- Scholarly Articles (18)
-
- Seattle University Law Review (17)
- Canadian Journal of Family Law (15)
- Faculty Publications (15)
- Faculty Works (14)
- Michigan Law Review (9)
- Nevada Law Journal (9)
- University of Michigan Journal of Law Reform (9)
- American University Journal of Gender, Social Policy & the Law (8)
- Law Faculty Publications (7)
- Touro Law Review (7)
- School of Law Conferences, Lectures & Events (6)
- Elisabeth Haub School of Law Faculty Publications (5)
- Fordham Urban Law Journal (5)
- Hofstra Law Faculty Scholarship (5)
- Indiana Law Journal (5)
- Journal Articles (5)
- Pace Law Review (5)
- Scholarly Works (5)
- UF Law Faculty Publications (5)
- Villanova Law Review (1956 - ) (5)
- West Virginia Law Review (5)
- William & Mary Journal of Race, Gender, and Social Justice (5)
- Child and Family Law Journal (4)
- Life of the Law School (1993- ) (4)
- Maryland Law Review (4)
- Publication Type
Articles 391 - 420 of 514
Full-Text Articles in Entire DC Network
The Guardian Ad Litem In Custody And Conflict Cases: Investigator, Champion, And Referee, Dana E. Prescott J.D.
The Guardian Ad Litem In Custody And Conflict Cases: Investigator, Champion, And Referee, Dana E. Prescott J.D.
University of Arkansas at Little Rock Law Review
No abstract provided.
Building Multidisciplinary Professional Partnerships With The Court Of Behalf Of High-Conflict Divorcing Families And Their Children: Who Needs What Kind Of Help, Janet R. Johnston Ph.D.
Building Multidisciplinary Professional Partnerships With The Court Of Behalf Of High-Conflict Divorcing Families And Their Children: Who Needs What Kind Of Help, Janet R. Johnston Ph.D.
University of Arkansas at Little Rock Law Review
No abstract provided.
Women, Children And Domestic Violence: Current Tensions And Emerging Issues
Women, Children And Domestic Violence: Current Tensions And Emerging Issues
Fordham Urban Law Journal
A symposium in which the conference speakers give a clear and disturbing picture of how we ascribe a kind of omnipotence to mothers vis-a-vis their children. If children are hurt, it is assumed that those at fault must be the mothers, and they are likely to be blamed even when it is the father who strikes the blows, lands the punchers or terrifies the child. Somehow, we imagine they should have been able to snatch the children out of harms way. The answer to this problem ultimately lies in making sure the ways victims of domestic violence think about their …
The Legal Regulation Of Adult Personal Relationships: Evaluating Policy Objectives And Legal Options In Federal Legislation, Brenda Cossman, Bruce Ryder
The Legal Regulation Of Adult Personal Relationships: Evaluating Policy Objectives And Legal Options In Federal Legislation, Brenda Cossman, Bruce Ryder
Commissioned Reports, Studies and Public Policy Documents
Few would dispute that adult personal relationships characterized by caring and commitment ought to be recognized and supported by the state because of their fundamental importance to the well-being of individuals and communities. The law has long sought to identify these relationships by reference to ties of blood, marriage or adoption. Contemporary norms, however, value adult personal relationships by reference to their qualitative attributes rather than their formal legal status. This shift in normative assumptions has accompanied profound shifts in Canadians’ living arrangements over the course of the last thirty years. We have witnessed a decline in the marriage rate, …
The Role Of The Law Guardian In A Custody Case Involving Domestic Violence, Nancy S. Erickson
The Role Of The Law Guardian In A Custody Case Involving Domestic Violence, Nancy S. Erickson
Fordham Urban Law Journal
A law guardian for a child has an extremely difficult job, one that arguably requires a higher degree of diligence than that of an attorney representing a competent adult. Yet, under New York law, the role of the law guardian for a child involved in a custody is not clearly defined. When domestic violence is involved, the law guardian's role becomes crucial. The role of the law guardian for a child in a custody case involving domestic violence has been expanded as a result of the enactment of chapter 85 of the 1996 Laws of New York. This article outlines …
The Uccjea: What Is It And How Does It Affect Battered Women In Child-Custody Disputes, Joan Zorza
The Uccjea: What Is It And How Does It Affect Battered Women In Child-Custody Disputes, Joan Zorza
Fordham Urban Law Journal
The Uniform Child-Custody Jurisdiction and Enforcement Act ("UCCJEA") is the revised version The Uniform Child Custody Jurisdiction Act ("UCCJA"), which states are now being asked to adopt immediately in its stead. The UCCJA was the original model act for states to determine when they have jurisdiction to decide a custody case and when they must give full faith and credit to the custody decrees of other states. When the National Conference of Commission on Uniform State Laws ("NCCUSL") wrote the UCCJA in 1968, it sought to correct two major problems of its day: child abductions by family members and jurisdiction …
Charging Battered Mothers With "Failure To Protect": Still Blaming The Victim
Charging Battered Mothers With "Failure To Protect": Still Blaming The Victim
Fordham Urban Law Journal
Domestic violence harms children and families. In the past several years, efforts to recognize this harm have led to the passage of new state laws that allow for concurrent criminal and family court jurisdiction in domestic violence cases, mandate arrest in domestic violence situations and require courts to consider domestic violence as a factor in custody decisions. Unfortunately, the heightened awareness of the harm domestic violence causes children has also resulted in a punitive policy towards battered women in the child welfare system. Increasingly in New York City, abuse and neglect proceedings are brought against battered mothers. Their children are …
The Role Of Strategic Management Planning In Improving The Representation Of Clients: A Child Advocacy Example, Jane M. Spinak
The Role Of Strategic Management Planning In Improving The Representation Of Clients: A Child Advocacy Example, Jane M. Spinak
Faculty Scholarship
This article will discuss my experience managing a legal organization representing children – the Juvenile Rights Division (JRD) that Schinitsky began thirty-eight years ago – by exploring the interactive role that organizational management plays in enhancing the quality of child client representation. Part I briefly examines two issues: the historic and systemic context of court-based practice within JRD and the way in which changes in child welfare law and policies since 1979 have affected the ability of lawyers to represent child clients through this court-based practice. Part II presents a model for restructuring organizational conventions and patterns in order to …
Legal Representation For Children In Protection Proceedings: Two Distinct Lawyer Roles Are Required, Donald N. Duquette
Legal Representation For Children In Protection Proceedings: Two Distinct Lawyer Roles Are Required, Donald N. Duquette
Articles
The thesis of this article is that it is a mistake to try to develop a single lawyer role for children in protection cases which tries to accommodate their developing capacities from infants to articulate teens. Sometimes a child needs a traditional attorney; sometimes a best interests advocate. We should adopt different standards for the different lawyer roles. Trying to define a single lawyer role for children of all ages and all capacities is an impossible task. This article argues that we should resolve the ambivalence not by adopting a client-directed or a best interests approach, but by having two …
From Property To Personhood: What The Legal System Should Do For Children In Family Violence Cases, Leigh Goodmark
From Property To Personhood: What The Legal System Should Do For Children In Family Violence Cases, Leigh Goodmark
West Virginia Law Review
No abstract provided.
China's Newly Enacted Intercountry Adoption Law: Friend Or Foe?, Crystal J. Gates
China's Newly Enacted Intercountry Adoption Law: Friend Or Foe?, Crystal J. Gates
Indiana Journal of Global Legal Studies
No abstract provided.
Challenging The Parent-Child-State Triangle In Public Family Law: The Importance Of Private Providers In The Dependency System, Susan Vivian Mangold
Challenging The Parent-Child-State Triangle In Public Family Law: The Importance Of Private Providers In The Dependency System, Susan Vivian Mangold
Buffalo Law Review
No abstract provided.
West Virginia's Adoption Statute: The History Of A Work In Progress, Lisa Kelly
West Virginia's Adoption Statute: The History Of A Work In Progress, Lisa Kelly
West Virginia Law Review
No abstract provided.
From Representing Clients To Serving Recipients: Transforming The Role Of The Iv-D Child Support Enforcement Attorney, Barbara Glesner Fines
From Representing Clients To Serving Recipients: Transforming The Role Of The Iv-D Child Support Enforcement Attorney, Barbara Glesner Fines
Faculty Works
Attorneys for the poor are being asked to serve more clients for less money and with more restrictions on their practice than ever before. These restrictions, both on amounts and uses of funds, influence the attorney's independent professional judgment. Determining when that influence is inappropriate becomes a difficult practical and ethical issue. Is this issue resolved if one simply reconceptualizes the role of the entities and individuals involved? What if the government becomes the client and the individual receiving legal services becomes something other than a client? Examining the development of governmental funding of child support enforcement, one finds just …
From Property To Personhood: What The Legal System Should Do For Children In Family Violence Cases, Leigh S. Goodmark
From Property To Personhood: What The Legal System Should Do For Children In Family Violence Cases, Leigh S. Goodmark
Faculty Scholarship
No abstract provided.
Guardians Ad Litem: The Guardian Angels Of Our Children In Domestic Violence Court, Sheila M. Murphy
Guardians Ad Litem: The Guardian Angels Of Our Children In Domestic Violence Court, Sheila M. Murphy
Loyola University Chicago Law Journal
No abstract provided.
Substance Abuse, Families, And The Courts, Margarete Parrish
Substance Abuse, Families, And The Courts, Margarete Parrish
Journal of Health Care Law and Policy
No abstract provided.
"Reparative" Therapy: Whether Parental Attempts To Change A Child's Sexual Orientation Can Legally Constitute Child Abuse , Karolyn Ann Hicks
"Reparative" Therapy: Whether Parental Attempts To Change A Child's Sexual Orientation Can Legally Constitute Child Abuse , Karolyn Ann Hicks
American University Law Review
No abstract provided.
A Mother Removed — A Child Left Behind: A Battered Immigrant's Need For A Modified Best Interest Standard, Julie Linares-Fierro
A Mother Removed — A Child Left Behind: A Battered Immigrant's Need For A Modified Best Interest Standard, Julie Linares-Fierro
The Scholar: St. Mary's Law Review on Race and Social Justice
Abstract forthcoming
West Virginia's Adoption Statute: A History Of A Work In Progress, Lisa Kelly
West Virginia's Adoption Statute: A History Of A Work In Progress, Lisa Kelly
Articles
More than two years have passed since the Legislature reformed West Virginia's adoption statute. The goal of this article is to provide a kind of legislative history to deepen the reader's understanding of the current statute. This history will include an explanation of the West Virginia Law Institute's Proposal, as well as the Legislature's reaction to it. In Part II, I will detail this history. In Part III, I will explain the operation of the current statute, with mention of the few recent adoption decisions that have construed various provisions. In Part IV, I will look at some of the …
Child Care In The Postwelfare Reform Era: Analysis And Strategies For Advocates, Rebecca L. Scharf, Jo Ann C. Gong, Alice Bussiere, Jennifer Light, Marc Cohan, Sherry Leiwant
Child Care In The Postwelfare Reform Era: Analysis And Strategies For Advocates, Rebecca L. Scharf, Jo Ann C. Gong, Alice Bussiere, Jennifer Light, Marc Cohan, Sherry Leiwant
Scholarly Works
Adequate child care is essential to enable poor women to support their families with work outside the home. In 1994 the U.S. General Accounting Office found that offering a child care subsidy to poor mothers increased the likelihood by 15 percent that the mothers would work. An Illinois study found that 20 percent of parents who left public assistance for work returned to assistance because of child care problems. In Minnesota a study found that lack of child care caused 14 percent of parents awaiting child care subsidies to leave their jobs and rely on public assistance. These studies confirm …
Clinical Education And The "Best Interest" Representation Of Children In Custody Disputes: Challenges And Opportunities In Lawyering And Pedagogy, Francis Gall Hill
Clinical Education And The "Best Interest" Representation Of Children In Custody Disputes: Challenges And Opportunities In Lawyering And Pedagogy, Francis Gall Hill
Indiana Law Journal
Symposium: Law and the New American Family Held at Indiana University Law School - Bloomington Apr. 4, 1997
Lawyers As Nonlawyers In Child-Custody And Visitation Cases: Questions From The "Legal Ethics" Perspective, Bruce A. Green
Lawyers As Nonlawyers In Child-Custody And Visitation Cases: Questions From The "Legal Ethics" Perspective, Bruce A. Green
Indiana Law Journal
Symposium: Law and the New American Family Held at Indiana University School of Law Apr. 4, 1997
Where We Stand: An Analysis Of America's Family Law Adjudicatory Systems And The Mandate To Establish Unified Family Courts, Barbara A. Babb
Where We Stand: An Analysis Of America's Family Law Adjudicatory Systems And The Mandate To Establish Unified Family Courts, Barbara A. Babb
All Faculty Scholarship
The volume and scope of family law cases in contemporary American society, as well as their unending nature both individually and systemically, exacerbate the difficulty of their resolution. To address this crisis, the American Bar Association and others have recommended court reform, specifically, the establishment of unified family courts in all jurisdictions. A unified family court is a single forum within which to adjudicate the full range of family law issues, based on the notion that court effectiveness and efficiency increase when the court resolves a family's legal problems in as few appearances as possible. The model is based on …
Fashioning An Interdisciplinary Framework For Court Reform In Family Law: A Blueprint To Construct A Unified Family Court, Barbara A. Babb
Fashioning An Interdisciplinary Framework For Court Reform In Family Law: A Blueprint To Construct A Unified Family Court, Barbara A. Babb
All Faculty Scholarship
Family law cases focus on some of the most intimate, emotional, and all-encompassing aspects of parties' personal lives. Based on its study of unmet legal needs of children and their families, the American Bar Association has recommended the establishment of unified family courts in all jurisdictions. This article evaluates how America's courts adjudicate family law matters and advocates systemic change by offering an interdisciplinary ecological and therapeutic approach to the creation of unified family courts. The author presents a comprehensive overview of the results of her nationwide survey determining how each state's courts handle family law matters. The results of …
Representing Families Affected By Hiv/Aids: How The Proposed Federal Standby Guardianship Act Facilitates Future Planning In The Best Interests Of The Child And Family, Kelly C. Rozmus
American University Journal of Gender, Social Policy & the Law
No abstract provided.
Foreword To Symposium On "Should The Family Be Represented As An Entity?": Reexamining The Family Values Of Legal Ethics, Russell G. Pearce
Foreword To Symposium On "Should The Family Be Represented As An Entity?": Reexamining The Family Values Of Legal Ethics, Russell G. Pearce
Seattle University Law Review
This symposium on whether the family should be represented as an entity marks another milestone in the development of legal ethics as a field central to understanding the operation of law in our society, and not merely as a set of dry, largely irrelevant rules. It does so by acknowledging that ethical rules of lawyers who represent families have very real consequences for those families. Building on earlier efforts to address this topic, this symposium's authors confront what some commentators have described as the individualist impulse of the ethics codes and whether this impulse is beneficial or harmful to families.
Love Among The Ruins: The Ethics Of Counseling Happily Married Couples, Teresa Stanton Collett
Love Among The Ruins: The Ethics Of Counseling Happily Married Couples, Teresa Stanton Collett
Seattle University Law Review
This Article explores the professional tension experienced by lawyers when clients embrace an ideal of marriage as "the two shall become as one," in a legal system that has repudiated this understanding in favor of the "reality" of marriage as an association dedicated to the individual fulfillment of the man and woman involved. Part II describes the three purposes of estate planning that define the parameters of any proposed representation. Estate planning lawyers assist clients in minimizing taxes, directing gifts to particular beneficiaries, and insuring the continuing care of loved ones. The decision to accept or reject proposed representation often …
Family Matters: Nonwaivable Conflicts Of Interest In Family Law, Steven H. Hobbs
Family Matters: Nonwaivable Conflicts Of Interest In Family Law, Steven H. Hobbs
Seattle University Law Review
The hypotheticals prepared for this special symposium issue ask if a lawyer can provide legal services to a family when one family member yields major decision-making authority to another family member. At stake is the disposition of significant individual and family assets. The traditional model of legal representation would require each family member to have an advocate protecting and promoting his or her individual interests while negotiating a reasonable accommodation of the other family members' interests. The challenge presented by the hypotheticals is whether an attorney can simultaneously represent apparent multiple interests without violating ethical provisions.
Law, Life, And Literature: A Critical Reflection Of Life And Literature To Illuminate How Laws Of Domestic Violence, Race, And Class Bind Black Women Based On Alice Walker's Book The Third Life Of Grange Copeland, Angela Mae Kupenda
Journal Articles
Consider Law, Life and Literature. Which of the three is the most real, honest, and inclusive? Many would answer the law because it takes into consideration all of the facts and circumstances to formulate a clear and consistent rule, and literature is the most unreal, the most fictional of the three. However, that is not accurate. Of the three, literature is actually the most real, honest, and inclusive. It is real because, with brutal honesty, it deals with all of our realities. It is more honest than life, for often in our outer (and even inner) lives we are afraid …