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Full-Text Articles in Law
The Law Of Equitable Distribution: When Is Domestic Violence More Than Just A Factor In Divorce?, Ada Tonkonogy
The Law Of Equitable Distribution: When Is Domestic Violence More Than Just A Factor In Divorce?, Ada Tonkonogy
Journal of Civil Rights and Economic Development
(Excerpt)
Imagine you are married. After many years there are problems in your marriage. Some of these issues are beyond your control. You find out that your spouse is cheating on you. You plan to come home from work and confront your spouse about their infidelities. You even begin to think about the divorce process, confronting the concerns raised in your mind. I’ll be okay. I have a great career, I have worked my entire life, and I have saved. I will be okay.
That night you approach your spouse. After an argument breaks out, you tell your spouse that …
State Criminal Laws Could Be A Light In The Dark For The Hidden Victims Of Forced Marriage, Rebekah Marcarelli
State Criminal Laws Could Be A Light In The Dark For The Hidden Victims Of Forced Marriage, Rebekah Marcarelli
Journal of Civil Rights and Economic Development
(Excerpt)
“There’s something you need to know about me . . . I am dead,” said Fraidy Reiss, a survivor of an abusive forced marriage, as she stood alone on a stage, speaking to a crowd. “I know what you’re thinking, [I don’t] look particularly dead . . . you might want to tell that to my family [because] they declared me dead almost thirteen years ago.”
Reiss, who founded the organization Unchained at Last to help forced marriage victims like herself, grew up in an ultra-Orthodox Jewish community in Brooklyn. Right after finishing high school, Reiss was asked to …
“The Past Got Broken Off”: Classifying “Indian” In The Indian Child Welfare Act, Lucia Kello
“The Past Got Broken Off”: Classifying “Indian” In The Indian Child Welfare Act, Lucia Kello
Journal of Civil Rights and Economic Development
(Excerpt)
In her 1993 novel, Pigs in Heaven, Barbara Kingsolver chronicles the story of an American Indian child, Turtle, and her young, white, adoptive mother, Taylor Greer. In what has been criticized as a controversial imagined fact pattern, Kingsolver writes that while stopped in a parking lot in the middle of the night, Taylor is approached by an American Indian woman holding a baby. Rather mysteriously, the woman informs Taylor that the baby’s mother died and the baby was being abused, upon which Taylor notes that “it looked like someone had been hurting [the woman] too.” After placing the …
Navigating Surrogacy Law In The Non-United States: Why All States Should Adopt A Uniform Surrogacy Statute, Stephanie Canner
Navigating Surrogacy Law In The Non-United States: Why All States Should Adopt A Uniform Surrogacy Statute, Stephanie Canner
Journal of Civil Rights and Economic Development
(Excerpt)
“My water broke; the baby is coming! Come now!” Normally, a woman in labor makes this frantic phone call to her partner, who would immediately drop whatever they were doing to be by her side at the local hospital and be present to welcome their child into the world. However, this scenario is not the reality for many couples across the United States. For example, there is a New York couple who have a different story to tell their daughter about her birth. Brad Hoylman and David Sigal received a phone call a month before their baby’s due date …
Time To Rethink Surrogacy: An Overhaul Of New York's Outdated Surrogacy Contract Laws Is Long Overdue, Charles Gili
Time To Rethink Surrogacy: An Overhaul Of New York's Outdated Surrogacy Contract Laws Is Long Overdue, Charles Gili
St. John's Law Review
(Excerpt)
Part I of this Note discusses the influential effect of the much publicized Baby M case as well as the societal perceptions of the time that led to the enactment of New York’s current “antisurrogacy” laws, DRL §§ 121–124. Part II explores changes in the legal, scientific, and societal atmospheres that have rendered those laws archaic and unconstitutional. Part III argues that needed change should come in the form of new legislation meant to foster, rather than burden, the formation of family.
Protecting The Expecting: A Proposal To Include Pregnancy As An Aggravating Circumstance, Nicole Atlak
Protecting The Expecting: A Proposal To Include Pregnancy As An Aggravating Circumstance, Nicole Atlak
Journal of Civil Rights and Economic Development
(Excerpt)
This Note brings attention to the New York Legislature’s failure to consider the unique vulnerability and harms of pregnant victims of domestic violence and proposes a statutory amendment. This Note proposes that Section 827(a)(vii) of New York’s Family Court Act be amended to include an additional aggravating circumstance with language to the effect of “any physical injury or psychological, emotional or sexual abuse to a pregnant woman.” This addition is necessary to ensure the list of aggravating circumstances is thorough, and more complete in encompassing all serious and heinous domestic abuse.
Part II of this Note will offer a …
Spousal Support And Domestic Violence: What Happens When The Dependent Spouse Is The Abuser?, Maria Stamatelatos
Spousal Support And Domestic Violence: What Happens When The Dependent Spouse Is The Abuser?, Maria Stamatelatos
Journal of Civil Rights and Economic Development
(Excerpt)
Therefore, this Note proposes that New York and other states enact legislation similar to that of the California Family Code, which enacted statutes that prevent someone from obtaining spousal support if they attempted to murder their spouse, committed a violent sexual felony against their spouse, or were convicted of a domestic violence offense against their spouse. The reformed legislation would prohibit judges from awarding spousal support to individuals convicted of attempting to murder their spouse, and would require courts to look carefully at the facts surrounding each case where a spouse has been indicted or convicted of a violent …
Complexity In The Determination Of Child Abuse: A Statistical And Rights Based Approach, Yvonne M. Vissing, Phd, Quixada Moore-Vissing, Phd, Leah Salloway, Abd
Complexity In The Determination Of Child Abuse: A Statistical And Rights Based Approach, Yvonne M. Vissing, Phd, Quixada Moore-Vissing, Phd, Leah Salloway, Abd
Journal of Civil Rights and Economic Development
(Excerpt)
Every year more than 3.6 million referrals are made to child protection agencies, which involve more than 6.6 million children. A determination of child abuse is a complex process for both courts and child protective service workers. When an allegation of suspected child abuse is made findings may, or may not, lead to court action. Courts rely upon accurate determinations of abuse. While some cases are clear-cut, many are not. The lack of clear-cut data and legal findings, however, does not dissuade the press and public from making determinations of whether children are being adequately protected, and whether parents …
The Long-Arm's Inappropriate Embrace, Lynda Wray Black
The Long-Arm's Inappropriate Embrace, Lynda Wray Black
St. John's Law Review
(Excerpt)
Arguably, the heart balm torts have outlived their relevance in a society where marriage is no longer a necessary imprimatur for intimate relations, and where broken hearts and failed marriages are the statistical norm. A state’s resolute rejection of the heart balm torts in principle as well as applied to modern domestic relations mores need be checked neither by Constitutional protections of marriage nor by the need for uniformity among sister states. Therefore, one state need not and must not transport its domestic relations public policy across state lines. Mississippi’s expansive jurisdictional embrace of nonresidents, John Daly and Anna …
An Overview Of Religious Considerations In Child Custody Disputes, J. Michael Fitzgerald
An Overview Of Religious Considerations In Child Custody Disputes, J. Michael Fitzgerald
The Catholic Lawyer
No abstract provided.
Influences Of An "Annulment Mentality", Cornelius J. Van Der Poel, C.S.Sp
Influences Of An "Annulment Mentality", Cornelius J. Van Der Poel, C.S.Sp
The Catholic Lawyer
No abstract provided.
The Quality Of Life: From Roe To Quinlan And Beyond, Joseph Cincotta
The Quality Of Life: From Roe To Quinlan And Beyond, Joseph Cincotta
The Catholic Lawyer
No abstract provided.
Zoning For The Elderly And Family Rights, Ralph J. Libsohn
Zoning For The Elderly And Family Rights, Ralph J. Libsohn
The Catholic Lawyer
No abstract provided.
Sealed Records In Adoptions: The Need For Legislative Reform, Patricia Gallagher Lupack
Sealed Records In Adoptions: The Need For Legislative Reform, Patricia Gallagher Lupack
The Catholic Lawyer
No abstract provided.
Marriage Contracts For The Mentally Retarded, John B. Murray
Marriage Contracts For The Mentally Retarded, John B. Murray
The Catholic Lawyer
No abstract provided.
Commitment To And In Marriage, Leon Salzman
Homosexuality And Validity Of Matrimony - A Study In Homo-Psychosexual Inversion, John Rogg Schmidt
Homosexuality And Validity Of Matrimony - A Study In Homo-Psychosexual Inversion, John Rogg Schmidt
The Catholic Lawyer
No abstract provided.
Treatment For Misbehaving Minors, Barbara P. Gertel
Treatment For Misbehaving Minors, Barbara P. Gertel
The Catholic Lawyer
No abstract provided.
Child Placement: Law And Theory, Joel B. Savit
Child Placement: Law And Theory, Joel B. Savit
The Catholic Lawyer
No abstract provided.
No-Fault Divorce Laws: An Overview And Critique, James T. Mchugh
No-Fault Divorce Laws: An Overview And Critique, James T. Mchugh
The Catholic Lawyer
No abstract provided.
Adoptive Parent Versus Natural Parent: Serving The Gordian Knot Of Voluntary Surrenders, Joseph P. Forte
Adoptive Parent Versus Natural Parent: Serving The Gordian Knot Of Voluntary Surrenders, Joseph P. Forte
The Catholic Lawyer
No abstract provided.
A Further Step Toward Protection Of Migration Family Rights, Dr. T. Stark
A Further Step Toward Protection Of Migration Family Rights, Dr. T. Stark
The Catholic Lawyer
No abstract provided.
The Development Of The Wife's Cause Of Action For Loss Of Consortium
The Development Of The Wife's Cause Of Action For Loss Of Consortium
The Catholic Lawyer
No abstract provided.
Child Abuse: Another Attempt At Solving The Problem
Child Abuse: Another Attempt At Solving The Problem
The Catholic Lawyer
No abstract provided.
Divorce Law Reform In New York, Earl Phillips
Divorce Law Reform In New York, Earl Phillips
The Catholic Lawyer
No abstract provided.
The First Decade Of The Family Law Section, Rev. Robert F. Drinan, S.J.
The First Decade Of The Family Law Section, Rev. Robert F. Drinan, S.J.
The Catholic Lawyer
No abstract provided.
College Education Held A "Necessary" In Alimony Decree
College Education Held A "Necessary" In Alimony Decree
The Catholic Lawyer
No abstract provided.
Previews And Practical Cases On Marriage, Jerome A. Petz, S.J.
Previews And Practical Cases On Marriage, Jerome A. Petz, S.J.
The Catholic Lawyer
No abstract provided.
Canon Law And Wills; State Efforts To Combat Obscenity; State Aid To Private Schools;
Canon Law And Wills; State Efforts To Combat Obscenity; State Aid To Private Schools;
The Catholic Lawyer
No abstract provided.