Open Access. Powered by Scholars. Published by Universities.®

Law Commons

Open Access. Powered by Scholars. Published by Universities.®

Family Law

PDF

Journal

2003

Institution
Keyword
Publication

Articles 1 - 30 of 88

Full-Text Articles in Law

Domestic Relations, Barry B. Mcgough, Gregory R. Miller Dec 2003

Domestic Relations, Barry B. Mcgough, Gregory R. Miller

Mercer Law Review

Fourteen of the domestic relations appellate cases decided during the survey period' are digested here. Georgia law requires that appeals of domestic relations cases occur through the discretionary application process. A party wanting to appeal an order in a domestic relations case must first file an application to obtain the appropriate appellate court's permission to file an appeal. As part of a pilot project, the Georgia Supreme Court announced it would accept all "non-frivolous" applications filed in domestic relations cases during the calendar year 2003. The pilot project does not include cases that would be appealed first to the court …


Domestic Relations, Missouri V. Holland, And The New Federalism, Mark Strasser Dec 2003

Domestic Relations, Missouri V. Holland, And The New Federalism, Mark Strasser

William & Mary Bill of Rights Journal

No abstract provided.


When One Parent Goes And The Other Parent Stays: The Inconsistency And Inequity Of Guaranteeing Absent Parents Permanent Parental Rights, Wendee M. Hilderbrand Nov 2003

When One Parent Goes And The Other Parent Stays: The Inconsistency And Inequity Of Guaranteeing Absent Parents Permanent Parental Rights, Wendee M. Hilderbrand

Vanderbilt Law Review

It is well settled that the right to make decisions concerning the upbringing of one's children is a fundamental right deserving the utmost constitutional protection from unreasonable state interference. It has also become increasingly well settled over the past twenty-five years that this right is not automatically and permanently guaranteed by biology. Rather, parental stature encompasses both "rights and responsibilities," and the rights are only guaranteed to a parent who has assumed parental responsibilities. Why then is a responsible custodial parent subject to state interference with his or her parental decisions in the interest of guaranteeing an absent parent, who …


Wills, Trusts, And Estates, J. Rodney Johnson Nov 2003

Wills, Trusts, And Estates, J. Rodney Johnson

University of Richmond Law Review

No abstract provided.


For And Against Marriage: A Revision, Anita Bernstein Nov 2003

For And Against Marriage: A Revision, Anita Bernstein

Michigan Law Review

When anthropologist Henry Sumner Maine issued his famous proclamation that modern legal development evolved "from Status to Contract," he used juridical categories to make a statement about progress. Voluntary relations now build the law, Maine declared. The alternative to voluntary relations - identity-based legal labels to decree what people may and may not do - must relocate to the dustbin of history. Only a backwater society would keep them. American legal change in the century-plus since Maine's death in 1888 gives credence to the claim that status inexorably yields to contract. At one level, newer developments refute the Maine thesis. …


Caring For Mom And Dad: The Importance Of Family-Provided Eldercare And The Positive Implications Of California's New Paid Family Leave Law, K. Nicole Harms Oct 2003

Caring For Mom And Dad: The Importance Of Family-Provided Eldercare And The Positive Implications Of California's New Paid Family Leave Law, K. Nicole Harms

William & Mary Journal of Race, Gender, and Social Justice

No abstract provided.


Postpartum Depression And New York's Child Welfare Policy In Neglect Cases, Sara Anthis Sep 2003

Postpartum Depression And New York's Child Welfare Policy In Neglect Cases, Sara Anthis

Buffalo Women's Law Journal

No abstract provided.


I Do! Or Do I? A Practical Guide To Love, Courtship, And Heartbreak In New York – Or – Who Gets The Ring Back Following A Broken Engagement?, Adam D. Glassman Sep 2003

I Do! Or Do I? A Practical Guide To Love, Courtship, And Heartbreak In New York – Or – Who Gets The Ring Back Following A Broken Engagement?, Adam D. Glassman

Buffalo Women's Law Journal

No abstract provided.


Kantaras V. Kantaras: How A Victory For One Transsexual May Hinder The Sexual Minority Movement, Elizabeth C. Barcena Sep 2003

Kantaras V. Kantaras: How A Victory For One Transsexual May Hinder The Sexual Minority Movement, Elizabeth C. Barcena

Buffalo Women's Law Journal

No abstract provided.


Transsexuals, Intersexuals And Same-Sex Marriage, Terry S. Kogan Jul 2003

Transsexuals, Intersexuals And Same-Sex Marriage, Terry S. Kogan

Brigham Young University Journal of Public Law

No abstract provided.


Who Decides And What Difference Does It Make?: Defining Marriage In "Our Democratic, Federal Republic", Kevin J. Worthen Jul 2003

Who Decides And What Difference Does It Make?: Defining Marriage In "Our Democratic, Federal Republic", Kevin J. Worthen

Brigham Young University Journal of Public Law

The debate over the legality of same-sex marriage has centered largely on the substantive merits of the issue. This article does not. Instead, it seeks to draw attention to the perhaps equally important-but often overlooked-issue of the proper form and forum for resolving the substantive issue. It asks the question, if we awoke tomorrow to the newspaper headline -- "Legality of Same-Sex Marriage Decided" -- what difference would it make if the succeeding story referred to 1) a federal statute, 2) a U. S. Supreme Court decision, 3) a federal constitutional amendment, 4) a state statute, 5) a state supreme …


The Curious Case Of The Missing Legal Analysis, Lynn D. Wardle Jul 2003

The Curious Case Of The Missing Legal Analysis, Lynn D. Wardle

Brigham Young University Journal of Public Law

No abstract provided.


Traditional Marriage: Still Worth Defending, George W. Dent Jr. Jul 2003

Traditional Marriage: Still Worth Defending, George W. Dent Jr.

Brigham Young University Journal of Public Law

No abstract provided.


The Augustinian Goods Of Marriage: The Disappearing Cornerstone Of The American Law Of Marriage, Charles J. Reid Jr. Jul 2003

The Augustinian Goods Of Marriage: The Disappearing Cornerstone Of The American Law Of Marriage, Charles J. Reid Jr.

Brigham Young University Journal of Public Law

No abstract provided.


The Case Against Same-Sex Marriage In Canada: Law And Policy Considerations, Jane Adolphe Jul 2003

The Case Against Same-Sex Marriage In Canada: Law And Policy Considerations, Jane Adolphe

Brigham Young University Journal of Public Law

No abstract provided.


Some Wrongs And (Human) Rights In The English Same-Sex Marriage Debate, John Murphy Jul 2003

Some Wrongs And (Human) Rights In The English Same-Sex Marriage Debate, John Murphy

Brigham Young University Journal of Public Law

No abstract provided.


Status, Benefits, And Recognition: Current Controversies In The Marriage Debate, Joshua K. Baker Jul 2003

Status, Benefits, And Recognition: Current Controversies In The Marriage Debate, Joshua K. Baker

Brigham Young University Journal of Public Law

No abstract provided.


The Litigation To Redefine Marriage: Equality And Social Meaning , William C. Duncan Jul 2003

The Litigation To Redefine Marriage: Equality And Social Meaning , William C. Duncan

Brigham Young University Journal of Public Law

No abstract provided.


Variety In U.S. Kinship Practices, Substantive Due Process Analysis And The Right To Marry, C. Quince Hopkins Jul 2003

Variety In U.S. Kinship Practices, Substantive Due Process Analysis And The Right To Marry, C. Quince Hopkins

Brigham Young University Journal of Public Law

No abstract provided.


Hints, Not Holdings: Use Of Precedent In Lawrence V. Texas, David M. Wagner Jul 2003

Hints, Not Holdings: Use Of Precedent In Lawrence V. Texas, David M. Wagner

Brigham Young University Journal of Public Law

No abstract provided.


Nunn V. Allen, Living Separate And Apart In North Carolina, Separation Agreements, Sex, The Meaning Of Unmarried, And Liability Of Third Parties, Paulette Benz Apr 2003

Nunn V. Allen, Living Separate And Apart In North Carolina, Separation Agreements, Sex, The Meaning Of Unmarried, And Liability Of Third Parties, Paulette Benz

North Carolina Central Law Review

No abstract provided.


Parental Autonomy And Children's Welfare, Elizabeth S. Scott Apr 2003

Parental Autonomy And Children's Welfare, Elizabeth S. Scott

William & Mary Bill of Rights Journal

No abstract provided.


Breast Still Best: An Argument In Favor Of One Hiv Positive Mother's Right To Breastfeed, Monique Anikwue Apr 2003

Breast Still Best: An Argument In Favor Of One Hiv Positive Mother's Right To Breastfeed, Monique Anikwue

William & Mary Journal of Race, Gender, and Social Justice

No abstract provided.


An Unjust Act: The Schizophrenic State Of Maturity And Culpability In Juvenile Justice And Minor Abortion Rights Law; Recent Trends In Virginia And Nationally, Jon-Michael Foxworth Apr 2003

An Unjust Act: The Schizophrenic State Of Maturity And Culpability In Juvenile Justice And Minor Abortion Rights Law; Recent Trends In Virginia And Nationally, Jon-Michael Foxworth

William & Mary Journal of Race, Gender, and Social Justice

No abstract provided.


Introduction To The Symposium: The Relationship Rights Of Children Apr 2003

Introduction To The Symposium: The Relationship Rights Of Children

William & Mary Bill of Rights Journal

No abstract provided.


Rights And Duties Of Childrearing, Peter Vallentyne Apr 2003

Rights And Duties Of Childrearing, Peter Vallentyne

William & Mary Bill of Rights Journal

No abstract provided.


A Taxonomy Of Children's Existing Rights In State Decision Making About Their Relationships, James G. Dwyer Apr 2003

A Taxonomy Of Children's Existing Rights In State Decision Making About Their Relationships, James G. Dwyer

William & Mary Bill of Rights Journal

No abstract provided.


Children's Associational Rights?: Why Less Is More, Emily Buss Apr 2003

Children's Associational Rights?: Why Less Is More, Emily Buss

William & Mary Bill of Rights Journal

No abstract provided.


Which Ties Bind? Redefining The Parent-Child Relationship In An Age Of Genetic Certainty, June Carbone, Naomi Cahn Apr 2003

Which Ties Bind? Redefining The Parent-Child Relationship In An Age Of Genetic Certainty, June Carbone, Naomi Cahn

William & Mary Bill of Rights Journal

No abstract provided.


The Modest Promise Of Children's Relationship Rights, David D. Meyer Apr 2003

The Modest Promise Of Children's Relationship Rights, David D. Meyer

William & Mary Bill of Rights Journal

No abstract provided.