Digital Commons Network^™

Due Process, Court Of Appeals: Chaya S. V. Frederick L.

Touro Law Review

No abstract provided.

Guardianships And Conservatorships, Oregon Law Institute, S. Jane Patterson, Mark M. Williams, Maggie Biondi, Carol J. Kyle, Jennifer L. Wright, Elizabeth Welch

Oregon Law Institute, 1997

Course Materials from the October 10, 1997 Program in Portland

We Know Better Than We Do: A Policy Framework For Child Welfare Reform, Donald N. Duquette, Sandra K. Danzinger, Joan M. Abbey, Kristin S. Seefeldt

University of Michigan Journal of Law Reform

The need for comprehensive reform of child welfare policies and systems has long been evident. This Article reports observations from the WK Kellogg Foundation-sponsored Families for Kids Initiative that seeks to expand services and support to families and reduce the time children spend in temporary care. The authors first provide an overview of the need for reforms such as those proposed by this initiative, suggesting that many child welfare studies, critiques, and proposed reforms have had similar objectives. The authors highlight lessons learned from how these reform goals are being developed, implemented, and practiced in ongoing programs across the nation …

Developing A Child Advocacy Law Clinic: A Law School Clinical Legal Education Opportunity, Donald N. Duquette

University of Michigan Journal of Law Reform

Clinical legal education has become an accepted and integral complement to traditional law school curricula. Professor Duquette argues that clinical education is uniquely able to integrate the teaching of practical skills and legal doctrine, elevating students' understanding of both. Duquette maintains that a child advocacy law clinic can teach a broad range of practical skill benefit the hosting law school by providing an opportunity for interdisciplinary education as well as a public relations benefit, while simultaneously serving an important need in most communities for quality representation of all parties in child abuse and neglect cases. Most importantly, participation in a …

Clark Memorandum: Spring 1997, J. Reuben Clark Law Society, J. Reuben Clark Law School

The Clark Memorandum

• Anonymous No More (Lovisa Lyman)
• Fiddler on the U.N. Roof (Charles D. Cranney)
• In the Beginning (Carl S. Hawkins)
• Unmeasured Factors of Success (John E. Carmack)

Legal Narratives, Theraputic Narratives: The Invisibility And Omnipresence Of Race And Gender, Leslie G. Espinoza

Michigan Law Review

My first introduction to Denise Gray was through a form. The intake sheet was dated October 17, 1994. The legal problem was straightforward. My introduction to Denise Gray would come much later. I am a clinical law professor. The clinic, Boston College Legal Assistance Bureau, is known as "LAB." I teach students law by supervising them as they represent, usually for the first time, a real person with real problems.

Lawyers As Nonlawyers In Child-Custody And Visitation Cases: Questions From The Legal Ethics Perspective Response, Bruce A. Green

Faculty Scholarship

The Child Advocacy Clinic at Indiana University School of Law-Bloomington ("Indiana Clinic") takes as a premise that, in custody and visitation disputes, children may be best served by lawyers as guardians ad litem, rather than by lawyers qua lawyers, on one hand, or by nonlawyer guardians ad litem, on the other. In contrast, participants in a national conference at Fordham Law School' concluded two years ago that "[a] lawyer appointed or retained to serve a child in a legal proceeding should serve as the child's lawyer." That is, the lawyer should regard the child as a client, not a ward. …

What If? The Legal Consequences Of Marriage And The Legal Needs Of Lesbian And Gay Male Couples, David L. Chambers

Articles

Laws that treat married persons in a different manner than they treat single persons permeate nearly every field of social regulation in this country - taxation, torts, evidence, social welfare, inheritance, adoption, and on and on. In this article I inquire into the patterns these laws form and the central benefits and obligations that marriage entails, a task few scholars have undertaken in recent years. I have done so because same-sex couples, a large group not previously eligible to marry under the laws of any American jurisdiction, may be on the brink of securing the opportunity to do so in …

Representing A Victim Of Domestic Violence, Catherine F. Klein, Leslye E. Orloff

Scholarly Articles

No abstract provided.

Combining Class Action Litigation And Social Science Research: A Case Study In Helping Homeless Women With Children, Lynee Soine, Mary Ann Burg

American University Journal of Gender, Social Policy & the Law

No abstract provided.

Children's Task Force Reports, Donald N. Duquette, Cd Stephens

Articles

When the public thinks of children and the law, high-visibility cases like Baby Jessica and Baby Richard come to mind. The human drama of a small child caught up in a titanic custody struggle attracts unrelenting media attention and triggers cries for law reform. Yet for every Baby Jessica and Baby Richard, thousands of children pass through our courts with little public attention but with consequences to them just as momentous and life altering as those cases featured on the national news shows. In 1991 State Bar of Michigan leadership began to ask whether our profession and Michigan's courts are …

Batterers Beware: West Virginia Responds To Domestic Violence With The Probable Cause Warrantless Arrest Statute, Toni L. Harvey

West Virginia Law Review

No abstract provided.

The District Of Columbia Medical Consent Law: Moving Towards Legal Recognition Of Kinship Caregiving, Randi S. Mandelbaum, Susan L. Waysdorf

University of the District of Columbia Law Review

In 1990, in the District of Columbia, over 27,000 children under the age of eighteen, or 23.4% of all children, were living in the care of an adult other than their parent or a foster parent.3 This was a thirty percent increase from the 1980 data for the District of Columbia.4 Nationally, over the past decade, these figures increased sixteen percent.0 Today, for adult relatives, primarily grandmothers, aunts, and close family friends, who step in to raise the children of their relatives or friends, private kinship caregiving is both a legacy and a matter of survival for the next generation.'

Multidisciplinary Representation Of Children: Conflicts Over Disclosures Of Client Communications, 27 J. Marshall L. Rev. 617 (1994), Gerard F. Glynn

UIC Law Review

No abstract provided.

Paradise Lost, Paradox Revisited: The Implications Of Familial Ideology For Feminist, Lesbian, And Gay Engagement To Law, Shelley A. M. Gavigan

Osgoode Hall Law Journal

In this article the author addresses the theoretical and political challenges issued to feminists and feminist scholarship by recent debates and litigation concerning "family" and "family-based" benefits. The argument proceeds in four parts: first, the discussion is relocated within socialist feminist theory. The implications of the qualified pro-family stance in the critiques advanced or influenced by women of colour is considered next, followed by an examination of some proposals to extend the definition of "spouse" and "family" to lesbian and gay relationships. The author is critical of both "critiques" and illustrates with reference to Canadian welfare and immigration law that …

The Tension Between Rules And Discretion In Family Law: A Report And Reflection, Carl E. Schneider

Articles

The history of law is many things. But one of them is the story of an unremitting struggle between rules and discretion. The tension between these two approaches to legal problems continues to pervade and perplex the law today. Perhaps nowhere is that tension more pronounced and more troubling than in family law. It is probably impossible to practice family law without wrestling with the imponderable choice between rules and discretion. Consider, for example, how many areas of family law are now being fought over in-just those terms. For decades we have lived with an abundantly discretionary way of resolving …

Foreword: Family Restructuring At The End Of The Twentieth Century—Issues For A New Century, Lynn D. Wardle

Brigham Young University Journal of Public Law

No abstract provided.

Access To Legal Remedies: The Crisis In Family Law, Jane C. Murphy

Brigham Young University Journal of Public Law

No abstract provided.

Children's Rights: The Destruction And Promise Of Family, Barbara Bennett Woodhouse

BYU Law Review

No abstract provided.

Providing Legal Protection For Battered Women: An Analysis Of State Statutes And Case Law, Catherine F. Klein, Leslye E. Orloff

Scholarly Articles

This Article presents a comprehensive survey of civil protection order statutes and state appellate opinions in all fifty jurisdictions, the District of Columbia, and Puerto Rico. We examine recent developments and trends, and highlight innovations. We include recommendations for further legislative reform and for creative development of case law. We have incorporated available social science research, the published policies and recommendations of judicial authorities, and the legal literature written by domestic violence experts. Moreover, our recommendations are based on our experience as domestic violence advocates. Each of us has represented battered women in court for more than a decade.

In …

Lawyering For Social Change: The Power Of The Narrative In Domestic Violence Law Reform, Jane C. Murphy

All Faculty Scholarship

The role of the narrative or story in legal discourse has been explored and developed in legal scholarship over the last several years. The goals of the various calls for more storytelling in the legal context vary. They generally relate, however, to a desire to move away from exclusive reliance on abstract legal argumentation to persuade. The goals of ‘storytellers‘ are also linked to furthering an understanding of the dynamics of oppression based on race or gender, or both.

The judicial and legislative processes have always included a narrative component. Clinical legal scholarship has also explored the critical role of …

Orders Of Protection In Domestic Violence Cases: An Empirical Assessment Of The Impact Of The Reform Statutes, Kit Kinports, Karla Fischer

Faculty Scholarship

The authors' concern that domestic violence reform statutes might not be having their intended effect sparked their decision to evaluate the protective order statutes empirically. The authors therefore distributed a lengthy survey to 843 domestic violence organizations nationwide that helped battered women obtain protective orders. The survey focused on three issues. The first issue was access to the courts: Is the protective order remedy accessible to battered women? The second issue related to the procedures for obtaining orders of protection: Are judges granting orders in appropriate cases, and are they awarding the full range of remedies contemplated by the reform …

Implementing Custody Mediation In Family Court: Some Comments On The Jefferson County Family Court Experience, Louise Everett Graham

Kentucky Law Journal

No abstract provided.

Implementing Custody Mediation In Family Court: Some Comments On The Jefferson County Family Court Experience, Louise Everett Graham

Law Faculty Scholarly Articles

The Jefferson Family Court's custody mediation service was developed as part of a larger program creating the first family court system in Kentucky. The mediation service's connection with the Family Court has influenced both practical and policy aspects of its development. Any description of the mediation project necessarily entails some description of the court system that created it.

This Article describes the structure of the Jefferson Family Court and the custody mediation process as it has developed in Jefferson County. A review of one community's approach to custody mediation may be useful not only as a blueprint for a system's …

Access To Legal Remedies. The Crisis In Family Law, Jane C. Murphy

All Faculty Scholarship

Lack of access to the courts to resolve domestic disputes is a national problem which deserves the attention of both family law scholars and practitioners. Family law scholars have exhaustively critiqued both the substantive and procedural law governing dissolution proceedings. This analysis of rules and standards, however, is rarely conducted with the explicit goal of maximizing access to the courts for people of low and moderate income. This paper begins by assessing the dimensions of the problem through an explanation of the existing domestic legal needs studies. This paper also presents a case study of a typical multi-issue domestic case …

Why Civil Protection Orders Are Effective Remedies For Domestic Violence But Mutual Protective Orders Are Not, Elizabeth Topliffe

Indiana Law Journal

No abstract provided.

The Meaningful Representation Of Children: An Analysis Of The State Bar Association Law Guardian Legislative Proposal, Merril Sobie

Elisabeth Haub School of Law Faculty Publications

This article will outline the background and history of the law guardian system, summarize the Task Force proposal and analyze the proposal's effects. The intent is to present a synopsis of the issues addressed by the proposal, which has been forwarded to the Legislature for consideration during the 1992 session.

Child Support Enforcement For Low-Income Children: Part Of The Problem Or Part Of The Solution?, Paula Roberts

University of the District of Columbia Law Review

No abstract provided.

Notes: Family Law — Adoption: Do Laws Prohibiting Reimbursement To A Natural Mother For Reasonable Expenses Incurred During Pregnancy Truly Serve The Best Interests Of The Child? In Re Adoption No. 9979, 323 Md. 39, 591 A.2d 468 (1991), Donald A. Rea

University of Baltimore Law Review

No abstract provided.

Toward A More Equitable Distribution Of Property Upon Divorce: A Critique Of Recent Developments In The Law Of Marital Property In West Virginia, Lee Vanegmond

West Virginia Law Review

No abstract provided.