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Articles 1 - 14 of 14
Full-Text Articles in Law
For The Title Ix Civil Rights Movement: Congratulation And Cautions, Nancy Chy Cantalupo
For The Title Ix Civil Rights Movement: Congratulation And Cautions, Nancy Chy Cantalupo
Law Faculty Research Publications
No abstract provided.
Contractualizing Custody, Sarah Abramowicz
Contractualizing Custody, Sarah Abramowicz
Law Faculty Research Publications
Many scholars otherwise in favor of the enforcement of family contracts agree that parent-child relationships should continue to prove the exception to any contractualized family law regime. This Article instead questions the continued refusal to enforce contracts concerning parental rights to children’s custody. It argues that the refusal to enforce such contracts contributes to a differential treatment of two types of families: those deemed “intact”—typically consisting of two married parents and their offspring—and those deemed non-intact. Intact families are granted a degree of freedom from government intervention, provided that there is no evidence that children are in any danger of …
Adoption And The Limits Of Contract In Victorian Adoption Case Law And George Eliot's Silas Marner, Sarah Abramowicz
Adoption And The Limits Of Contract In Victorian Adoption Case Law And George Eliot's Silas Marner, Sarah Abramowicz
Law Faculty Research Publications
No abstract provided.
It's [Not] A Black Thing: The Black/Gay Split Over Same-Sex Marriage - A Critical [Race] Perspective, Adele M. Morrison
It's [Not] A Black Thing: The Black/Gay Split Over Same-Sex Marriage - A Critical [Race] Perspective, Adele M. Morrison
Law Faculty Research Publications
No abstract provided.
Beyond Family Law, Sarah Abramowicz
Beyond Family Law, Sarah Abramowicz
Law Faculty Research Publications
Family law has traditionally been treated as an exceptional field, a marginalized and special case in which the usual rules of the legal canon do not apply. This Article argues that the current challenge to family-law exceptionalism has been largely one way, to the detriment of a central concern of family law: the protection of children and of the parent-child relationship. Family-law scholars have focused primarily on whether and how to import the tools and insights of other areas of law into the zone of family relations, while largely overlooking the possibility that the tools and insights of family law …
The Legal Regulation Of Gay And Lesbian Families As Interstate Immigration Law, Sarah Abramowicz
The Legal Regulation Of Gay And Lesbian Families As Interstate Immigration Law, Sarah Abramowicz
Law Faculty Research Publications
No abstract provided.
Rethinking Parental Incarceration, Sarah Abramowicz
Rethinking Parental Incarceration, Sarah Abramowicz
Law Faculty Research Publications
Recent changes in sentencing law, in the wake of cases interpreting Blakely v. Washington and United States v. Booker, have raised the possibility that courts sentencing parents may take children's interests into account more extensively than had previously been permissible. Now is thus an opportune time to reevaluate the merits of considering children's interests when sentencing parents. This Article uses the perspective of family law to offer a new rationale for, and a new approach to, taking children's interests into account when sentencing their parents. It does so by bringing out the connection between the debate over parental incarceration and …
Reproductive Health As A Human Right, Lance Gable
Reproductive Health As A Human Right, Lance Gable
Law Faculty Research Publications
No abstract provided.
Changing The Domestic Violence (Dis)Course: Moving From White Victim To Multi-Cultural Survivor, Adele M. Morrison
Changing The Domestic Violence (Dis)Course: Moving From White Victim To Multi-Cultural Survivor, Adele M. Morrison
Law Faculty Research Publications
No abstract provided.
Domestic Violence In Ghana: The Open Secret, Nancy Chi Cantalupo, Sue Shin, Kay Park, Lisa Vollendorf Martin
Domestic Violence In Ghana: The Open Secret, Nancy Chi Cantalupo, Sue Shin, Kay Park, Lisa Vollendorf Martin
Law Faculty Research Publications
No abstract provided.
A Constitutional Challenge To Michigan’S Ban On Second Parent Adoption By The Unmarried Partner Of The Child’S Current Parent, Robert Allen Sedler
A Constitutional Challenge To Michigan’S Ban On Second Parent Adoption By The Unmarried Partner Of The Child’S Current Parent, Robert Allen Sedler
Law Faculty Research Publications
No abstract provided.
Queering Domestic Violence To Straighten Out Criminal Law: What Might Happen When Queer Theory And Practice Meet Criminal Law's Conventional Responses To Domestic Violence, Adele M. Morrison
Queering Domestic Violence To Straighten Out Criminal Law: What Might Happen When Queer Theory And Practice Meet Criminal Law's Conventional Responses To Domestic Violence, Adele M. Morrison
Law Faculty Research Publications
No abstract provided.
A Parent’S Right To Choose: The Constitutionality Of Grandparent Visitation According To Troxel V. Granville, Robert A. Sedler
A Parent’S Right To Choose: The Constitutionality Of Grandparent Visitation According To Troxel V. Granville, Robert A. Sedler
Law Faculty Research Publications
No abstract provided.
Note: English Child Custody Law, 1660-1839: The Origins Of Judicial Intervention In Parental Custody, Sarah Abramowicz
Note: English Child Custody Law, 1660-1839: The Origins Of Judicial Intervention In Parental Custody, Sarah Abramowicz
Law Faculty Research Publications
Many legal historians see pre-1839 English child custody law as consisting of near-absolute paternal rights. These historians believe that the weakening of fathers' rights began with the 1839 Custody of Infants Act, which created certain maternal custody rights. Other historians have noted that paternal custody was qualified even before 1839 by the Court of Chancerys application of the doctrine of parens patriae. This Note tells a different story and argues that the origin of incursions into the so-called "empire of the father" was the 1660 Tenures Abolition Act, a statute that ironically seemed designed to strengthen fathers' rights. The …