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Articles 1 - 26 of 26
Full-Text Articles in Law
Loving Retroactivity, Charles W. "Rocky" Rhodes
Loving Retroactivity, Charles W. "Rocky" Rhodes
Florida State University Law Review
Pending actions across the nation highlight the ongoing struggle between adjudicative retroactivity and marital equality. The Supreme Court's constitutional decisions overruling prior precedents or applying new legal rules to the parties retroactively govern all pending and future adjudicative proceedings on direct review, even if the underlying operative events occurred under a prior legal framework. But this understanding of the temporal boundaries of legal change is being challenged after the Supreme Court's holding in Obergefell v. Hodges that laws excluding same-sex couples from civil marriage on the same terms and conditions as opposite-sex couples are invalid. The retroactive application of Obergefell …
The Polarization Of Reproductive And Parental Decision-Making, Jamie R. Abrams
The Polarization Of Reproductive And Parental Decision-Making, Jamie R. Abrams
Florida State University Law Review
Women’s abortion and parental decision-making in child rearing are constructed as polarized methods of decision-making in law, politics, and society. Women’s abortion decision-making is understood as myopic and individualistic. Parental decision-making is understood as sacrificial and selfless. This polarization leaves reproductive decision-making isolated, marginalized, and vulnerable while parental decision-making is essentialized, protected, and revered. Both framings are inaccurate and problematic. A unified family decision-making framework that aligns abortion decision-making and parental decision-making reveals that both forms of decision-making are more multi-dimensional, relational, and family-centered than currently understood. This Article exposes the ground to be gained by crossing longstanding boundaries in …
"Law And Justice Are Not Always The Same": Creating Community-Based Justice Forums For People Subjected To Intimate Partner Abuse, Leigh Goodmark
"Law And Justice Are Not Always The Same": Creating Community-Based Justice Forums For People Subjected To Intimate Partner Abuse, Leigh Goodmark
Florida State University Law Review
No abstract provided.
Differential Response: A Dangerous Experiment In Child Welfare, Elizabeth Bartholet
Differential Response: A Dangerous Experiment In Child Welfare, Elizabeth Bartholet
Florida State University Law Review
Differential Response represents the most important child welfare initiative of the day, with Differential Response programs rapidly expanding throughout the country. It is designed to radically change our child welfare system, diverting the great majority of Child Protective Services cases to an entirely voluntary system. This Article describes the serious risks Differential Response poses for children and the flawed research being used to promote it as “evidence based.” It puts the Differential Response movement in historical context as one of a series of extreme family preservation movements supported by a corrupt merger of advocacy with research. It argues for reform …
Non-Marital Families And (Or After?) Marriage Equality, Deborah A. Widniss
Non-Marital Families And (Or After?) Marriage Equality, Deborah A. Widniss
Florida State University Law Review
If, as is widely expected, the Supreme Court soon holds that bans on same-sex marriage are unconstitutional, it is almost certain that the decision will rely heavily on the Court’s reasoning in United States v. Windsor. I strongly support marriage equality. However, a decision that amplifies Windsor’s conception of the harm caused by exclusionary marriage rules could set back efforts to secure legal recognition of, and respect for, non-marital families. That is, Windsor rectified a deep inequality in the law—that same-sex marriages were categorically denied federal recognition—but in so doing it embraced a traditional understanding of marriage as superior to …
Marital Contracting In A Post-Windsor World, Martha M. Ertman
Marital Contracting In A Post-Windsor World, Martha M. Ertman
Florida State University Law Review
No abstract provided.
The Origin Of Parental Rights: Labor, Intent, And Fathers, Dara E. Purvis
The Origin Of Parental Rights: Labor, Intent, And Fathers, Dara E. Purvis
Florida State University Law Review
Most theories of parentage fail to explain the genesis of the right to parent—for example, why does a biological relationship generate parental rights? This Article shows that the law of parental rights mirrors theories of acquiring property, and that the law has shifted over time, from favoring a property right based in genetics to a Lockean theory of property rights earned through labor. The growth of Lockean labor-based theories is epitomized in reforms to parentage laws that incorporate functional theories of parenting, meaning that adults who perform caretaking work that creates a significant relationship with children are recognized as legal …
Establishing The Biological Rights Doctrine To Protect Unwed Fathers In Contested Adoptions, Toni L. Craig
Establishing The Biological Rights Doctrine To Protect Unwed Fathers In Contested Adoptions, Toni L. Craig
Florida State University Law Review
No abstract provided.
For Better Or Worse: A Critical Analysis Of Florida's Defense Of Marriage Act, Michael J. Kanotz
For Better Or Worse: A Critical Analysis Of Florida's Defense Of Marriage Act, Michael J. Kanotz
Florida State University Law Review
No abstract provided.
Improving Access To Nonidentifying Medical Data In Florida Adoptions: A Call For Legislation, Laura Methvin
Improving Access To Nonidentifying Medical Data In Florida Adoptions: A Call For Legislation, Laura Methvin
Florida State University Law Review
No abstract provided.
Grandparent Visitation: The Parental Privacy Right To Raise Their "Bundle Of Joy", Michael J. Minerva, Jr.
Grandparent Visitation: The Parental Privacy Right To Raise Their "Bundle Of Joy", Michael J. Minerva, Jr.
Florida State University Law Review
No abstract provided.
Marriage As A Bad Business Deal: Distribution Of Property On Divorce, Michael D. Bayles
Marriage As A Bad Business Deal: Distribution Of Property On Divorce, Michael D. Bayles
Florida State University Law Review
No abstract provided.
Where The Wind Blows: Fee Shifting In Domestic Relations Cases, Wenona Y. Whitfield
Where The Wind Blows: Fee Shifting In Domestic Relations Cases, Wenona Y. Whitfield
Florida State University Law Review
No abstract provided.
Rehabilitative Alimony -- A Matter Of Discretion Or Direction?, James S. Ford
Rehabilitative Alimony -- A Matter Of Discretion Or Direction?, James S. Ford
Florida State University Law Review
No abstract provided.
The Nonsupport Contempt Hearing: A Survey And Analysis Of Florida Law, Ross C. Hering
The Nonsupport Contempt Hearing: A Survey And Analysis Of Florida Law, Ross C. Hering
Florida State University Law Review
No abstract provided.
Finn Or Kern? Does A Florida Dissolution Court Possess Authority To Compel Child Support Of Healthy, Majority-Age Children Who Are Attending College?, Lawrence A. Kellogg
Finn Or Kern? Does A Florida Dissolution Court Possess Authority To Compel Child Support Of Healthy, Majority-Age Children Who Are Attending College?, Lawrence A. Kellogg
Florida State University Law Review
No abstract provided.
Alimony For Men -- The Changing Law, Pamela Joy Smith
Alimony For Men -- The Changing Law, Pamela Joy Smith
Florida State University Law Review
No abstract provided.
State V. West, No. 53, 123, 23 Fla. L. W. 265 (Sup. Ct. June 7, 1979), Marjorie E. Smith
State V. West, No. 53, 123, 23 Fla. L. W. 265 (Sup. Ct. June 7, 1979), Marjorie E. Smith
Florida State University Law Review
Constitutional Law-EQUAL PROTECTION-STATUTE OF LIMITATIONS FOR PATERNITY SUITS DOES NOT DENY ILLEGITIMATE CHILDREN THE EQUAL PROTECTION OF THE LAWS
The Unwed Father: Conflict Of Rights In Adoption Proceedings, Winston R. Davis
The Unwed Father: Conflict Of Rights In Adoption Proceedings, Winston R. Davis
Florida State University Law Review
No abstract provided.
Child Support: The Double Standard, Karen Colby Weiner
Child Support: The Double Standard, Karen Colby Weiner
Florida State University Law Review
No abstract provided.
Cohabitation: New Views On A New Lifestyle, D. Judith Keith, Ronald L. Nelson
Cohabitation: New Views On A New Lifestyle, D. Judith Keith, Ronald L. Nelson
Florida State University Law Review
No abstract provided.
Closing The Custody Floodgate: Florida Adopts The Uniform Child Custody Jurisdiction Act, Barry Kutun, Roberta Fox
Closing The Custody Floodgate: Florida Adopts The Uniform Child Custody Jurisdiction Act, Barry Kutun, Roberta Fox
Florida State University Law Review
No abstract provided.
Wright V. Commissioner, 62 T.C. 377 (1974), Aff'd, 543 F.2d 593 (7th Cir. 1976), Ruth L. Gokel
Wright V. Commissioner, 62 T.C. 377 (1974), Aff'd, 543 F.2d 593 (7th Cir. 1976), Ruth L. Gokel
Florida State University Law Review
Income Tax- PROPERTY SETTLEMENT IN DIVORCE- AN UNSETTLED AREA OF SETTLED LAW.
Department Of Health And Rehabilitative Services V. Herzog, 317 So. 2d 865 (Fla. 2d Dist. Ct. App. 1975), M. Catherine Lannon
Department Of Health And Rehabilitative Services V. Herzog, 317 So. 2d 865 (Fla. 2d Dist. Ct. App. 1975), M. Catherine Lannon
Florida State University Law Review
Constitutional Law- ADOPTION- FATHER OF AN ILLEGITIMATE CHILD IS NOT NECESSARILY ENTITLED TO NOTICE IN ADOPTION PROCEEDINGS.
Florida's No-Fault Divorce: Is It Really No-Fault?, Mary F. Clark
Florida's No-Fault Divorce: Is It Really No-Fault?, Mary F. Clark
Florida State University Law Review
No abstract provided.
Niles V. Niles, 299 So. 2d 162 (Fla. 2d Dist. Ct. App. 1974), C. Anthony Cleveland
Niles V. Niles, 299 So. 2d 162 (Fla. 2d Dist. Ct. App. 1974), C. Anthony Cleveland
Florida State University Law Review
Child Custody- INTERRACIAL MARRIAGE MAY BE CONSIDERED IN FRAMING CUSTODY MODIFICATION ORDERS.