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Articles 1 - 8 of 8
Full-Text Articles in Law
Plans, Protections, And Professional Intervention: Innovations In Divorce Custody Reform And The Role Of Legal Professionals, Jane W. Ellis
Plans, Protections, And Professional Intervention: Innovations In Divorce Custody Reform And The Role Of Legal Professionals, Jane W. Ellis
University of Michigan Journal of Law Reform
Beginning with an overview of the "law in theory" in Part II, this Article describes the Parenting Act's political origins and the aspirations on which the Act was based. These aspirations reflect common contemporary national themes and are based on common (and often unexamined) assumptions about the purposes of custody law and, indeed, the nature and capacity of law itself. They are described in conjunction with major theoretical arguments about custody reform. Part II then sets out the specific regulations embodying the drafters' goals. The Article next looks at this ambitious new "law in practice" in Part III. It describes …
The Limits Of Social Policy, Cary Coglianese
The Limits Of Social Policy, Cary Coglianese
Michigan Law Review
A Review of The Limits of Social Policy by Nathan Glazer
Family Traits, Inga Markovits
Family Traits, Inga Markovits
Michigan Law Review
A Review of The Transformation of Family Law: State, Law and Family in the United States and Western Europe
Family Support Of The Disabled: A Legislative Proposal To Create Incentives To Support Disabled Family Members, Judith G. Mcmullen
Family Support Of The Disabled: A Legislative Proposal To Create Incentives To Support Disabled Family Members, Judith G. Mcmullen
University of Michigan Journal of Law Reform
Several authorities in the field of estate planning have examined in great detail the options currently available to the parents of disabled children. The options are limited. Ideally, laws should address the concerns of the families of disabled children while providing those families with the incentive to help bear the financial costs of providing for their children. New legislation is needed to achieve this dual objective. This legislation must establish a method by which parents can improve meaningfully the quality of a surviving disabled child's life without substantially increasing the social cost of supporting that disabled child. This Article proposes …
Promulgating The Marriage Contract, Lynn A. Baker
Promulgating The Marriage Contract, Lynn A. Baker
University of Michigan Journal of Law Reform
I begin Part I of this Article by positing several logically necessary, but insufficient, conditions that precede a state's decision to promulgate a law more aggressively than usual. I then show that each of these conditions was met with regard to the economic terms of the marriage contract in virtually all states by 1975. In Part II, I explore what Louisiana's unusually aggressive promulgation of certain terms of the marriage contract reveals about the legal system's conception of the marital relationship as of 1975. In Part III, I discuss what is added to that conception of the modern marital relationship …
The Relevance Of Temporary Child Custody Orders To The Formation Of An Established Custodial Environment: A Model Statute For Uniform Application Under Michigan Law, Christine M. Drylie
The Relevance Of Temporary Child Custody Orders To The Formation Of An Established Custodial Environment: A Model Statute For Uniform Application Under Michigan Law, Christine M. Drylie
University of Michigan Journal of Law Reform
This Note presents a Model Statute that clearly indicates when a court may find that an established custodial environment has arisen out of a temporary custody order. The Model Statute thus clarifies when it is appropriate to apply the clear and convincing evidentiary standard to situations involving temporary child custody orders. Part I of this Note describes the court's use of temporary custody orders to determine whether an established custodial environment exists. Part II sets forth the Model Statute, which integrates current case law into statutory language designed specifically for temporary custody situations. Part II also analyzes each section of …
Stepparents, Biologic Parents, And The Law's Perception Of 'Family' After Divorce, David L. Chambers
Stepparents, Biologic Parents, And The Law's Perception Of 'Family' After Divorce, David L. Chambers
Book Chapters
The drama of divorce always contains at least two characters, a woman and a man, and often a third, a child born to the woman and the man. If you have read the other chapters of this book, you have rarely encountered any of the other persons who may be affected by a divorce, such as the children of either person from a prior marriage, or later spouses or partners of either party, or later born children of either party-all the persons who are or become stepchildren or stepparents. You have not encountered them because, in this country, with minor …
Surrogate Motherhood From The Perspective Of Family Law, Carl E. Schneider
Surrogate Motherhood From The Perspective Of Family Law, Carl E. Schneider
Articles
One of the things that I find most puzzling about the question of surrogate motherhood is how easily many people answer it. One of the things that I have most admired about today's comments is their tone of constraint and their sense of complexity. I myself am sympathetic to the argument that the unhappiness of infertile couples is profound and that surrogacy contracts offer them the hope of an equally profound happiness. And I am prepared to believe that many surrogate mothers perform their part of the bargain without grief and even with gratification. Yet these benefits of surrogacy are …