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Articles 1 - 6 of 6
Full-Text Articles in Law
Partitioning Paternity: The German Approach To A Disjuncture Between Genetic And Legal Paternity With Implications For American Courts, Shelly Ann Kamei
Partitioning Paternity: The German Approach To A Disjuncture Between Genetic And Legal Paternity With Implications For American Courts, Shelly Ann Kamei
San Diego International Law Journal
This paper will address the strengths and weaknesses of the German approach as well as the potential use of this approach by American states, with particular emphasis given to the conflict between the right to know one’s origins and a child’s right to care and support. Part II discusses the challenge of defining legal paternity in an age of genetic certainty. It will first give a brief explanation of how courts have used functional–social and genetic considerations in defining legal paternity. It will then evaluate the legal implications of this approach on the rights of the father, mother, and child. …
Does The Tax Law Discriminate Against The Majority Of American Children? The Downside Of Our Progressive Rate Structure And Unbalanced Incentives For Higher Education, Lester B. Snyder
San Diego Law Review
Our graduate income tax structure provides an incentive to shift income to lower-bracket family members. However, some parents have much more latitude to shift income to their children than do others. Income derived from services and private business - by far the majority of American income - is less favored than income derived from publicly traded securities. The rationale given for this discrimination is that parents in services or private business, as opposed to those in securities, do not actually part with control of their property. This Article explores these tax broader (yet subtle) tax benefits and their impact on …
The Honeymoon Is Definitely Over: The Use Of Civil Rico In Divorce
The Honeymoon Is Definitely Over: The Use Of Civil Rico In Divorce
San Diego Law Review
Within the field of family law, civil RICO is making an appearance in the aftermath of divorce cases. This statute appeals to both litigants and lawyers because of its generous civil provisions.8 Money is the motivating factor behind the use of civil RICO. Therefore, a vengeful ex-spouse, and his9 lawyer, have much to gain from pursuing RICO allegations.
County Welfare Department Liability For Handling Reports Of Child Abuse, Kim Boyer
County Welfare Department Liability For Handling Reports Of Child Abuse, Kim Boyer
San Diego Law Review
When a social worker receives a complaint of child abuse and determines that the situation is non-urgent, should the county welfare department be held liable for subsequent injury to the child? This Comment analyzes the four contexts in which a special relationship with a county welfare department may arise and concludes that a duty of care should not be imposed upon county welfare departments in these situations. The author concludes that if the social worker reasonably determines that the situation was non-urgent, the county welfare department should not be held liable. Alternatively, even if a duty of care is imposed, …
Parent-Child Immunity: The Case For Abolition, Christine V. Pate
Parent-Child Immunity: The Case For Abolition, Christine V. Pate
San Diego Law Review
"However repugnant it may seem that a minor child should sue his own father, it is equally repugnant that a child injured by his parent's negligence, perhaps maimed for life should have no redress for the injury he has suffered." This anomaly exists today in the majority of jurisdictions which recognize the parent-child immunity. The origins of this rule, its exceptions and its present status nationwide and in California reflect a judicial determination not to interfere with the basic unit of our society, the family.
Adoption - Where The Mother Of An Illegitimate Child Refuses To Permit The Natural Father To Legitimate The Child He Has The Right Of "First Refusal" And His Consent To The Adoption Of The Child By Strangers Is Unnecessary; The Mother's Consent Is Sufficient Relinquishment To Authorize The Court To Enter A Decree Of Adoption. In The Matter Of Adoption Of Irby (Cal. App. 1964), Edward J. Leavitt
San Diego Law Review
This recent case discusses In the Matter of Adoption of Irby, (Cal. App. 1964).