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Articles 1 - 26 of 26
Full-Text Articles in Law
The Non-Lawyer Guardian Ad Litem In Child Abuse And Neglect Proceedings: The King County, Washington, Experience, Nancy Neraas
The Non-Lawyer Guardian Ad Litem In Child Abuse And Neglect Proceedings: The King County, Washington, Experience, Nancy Neraas
Washington Law Review
Part I of this Comment surveys the various theories of the role of the guardian ad litem in child abuse proceedings. Part II turns to the need for independent representation for abused children and the appropriate role of the guardian ad litem. It demonstrates that neither the state nor the parents can adequately protect the interests of abused children and concludes that a guardian ad litem plays an important role for the children. Part III outlines the Washington state child abuse legislation and discusses the use of guardians ad litem in Washington child abuse proceedings. This legislation provides the framework …
Human Leukocyte Antigen Testing: Technology Versus Policy In Cases Of Disputed Parentage, Patricia B. Blumberg
Human Leukocyte Antigen Testing: Technology Versus Policy In Cases Of Disputed Parentage, Patricia B. Blumberg
Vanderbilt Law Review
This Note assumes that the judicial trend of using HLA test results as affirmative evidence" will continue, and accepts the proposal that these results are scientifically reliable.' The Note will focus on the policy considerations and arguments that should affect the admissibility of the HLA blood test as affirmative evidence in various disputed parentage cases.This Note first examines the use of HLA test results to determine the paternity of illegitimate children who do not have a legal father, and concludes that courts should admit the results unconditionally in these circumstances. Second, the Note analyzes the use of the HLA blood …
Inequality In Marital Liabilities: The Need For Equal Protection When Modifying The Necessaries Doctrine, Debra S. Betteridge
Inequality In Marital Liabilities: The Need For Equal Protection When Modifying The Necessaries Doctrine, Debra S. Betteridge
University of Michigan Journal of Law Reform
This Note contends that the "primary/secondary" modification is unconstitutional because it ignores the husband's equal protection rights while unlawfully stigmatizing women as dependent. Part I discusses how the growing independence of women has led courts to modify the common law doctrine. Part II develops the test that the Supreme Court would apply in judging the constitutionality of any modification of the doctrine. Part III applies this test to the "primary/secondary" modification and concludes that the modification is unconstitutional and, therefore, not a legitimate reformation of the common law necessaries doctrine.
Larue V. Larue: Equitable Distribution Of Marital Assets Finally Available In West Virginia, Gerald A. Kinchy
Larue V. Larue: Equitable Distribution Of Marital Assets Finally Available In West Virginia, Gerald A. Kinchy
West Virginia Law Review
No abstract provided.
Community Property Law In The United States, By W.S. Mcclanahan (1982) And Community Property In The United States, By William A. Reppy, Jr. And Cynthia A. Samuel (1982), Harry M. Cross
Washington Law Review
These two books with almost identical titles serve similar purposes for two different audiences—the McClanahan treatise for the practicing lawyer, the Reppy and Samuel casebook for the law student (and professor). Both books present the current community property law of the several American states, and in both the coverage of the principles of community property law as that law has developed in the United States will facilitate comparative analysis. This coverage may also minimize the apparent provincialism of decisions in the several states, at least for those problems not already resolved and therefore constrained by stare decisis.
Parental Notification And Abortion: A Review And Recommendation To West Virginia's Legislature, David W. Frame West Virginia University College Of Law
Parental Notification And Abortion: A Review And Recommendation To West Virginia's Legislature, David W. Frame West Virginia University College Of Law
West Virginia Law Review
No abstract provided.
Marital Status Discrimination: A Survey Of Federal Caselaw, Joyce D. Edelman
Marital Status Discrimination: A Survey Of Federal Caselaw, Joyce D. Edelman
West Virginia Law Review
No abstract provided.
Domestic Relations, Catherine Munster
Blest Be The Tie That Binds, Joan Heifetz Hollinger
Blest Be The Tie That Binds, Joan Heifetz Hollinger
Michigan Law Review
A Review of The New Family and the New Property by Mary Ann Glendon
Texas Adoption Laws And Adoptee's Rights Of Access To Confidential Records., Cynthia A. Rucker
Texas Adoption Laws And Adoptee's Rights Of Access To Confidential Records., Cynthia A. Rucker
St. Mary's Law Journal
Since the adoption process affects the lives of numerous people, courts must reach a decision which benefits all parties involved in the process. Many adoptees retain an emotional desire, or a psychological need, to ascertain the identity of their birth parents. This desire or need is in direct conflict with state statutes mandating adoption information remain sealed and confidential. In recent years, courts across the country have considered several cases challenging the validity of confidentiality statutes on constitutional grounds. Primarily, adoptees have asserted confidentiality statutes deny them a fundamental right to privacy, a right to receive information, and a right …
Who Speaks For The Child: The Problems Of Proxy Consent, Michigan Law Review
Who Speaks For The Child: The Problems Of Proxy Consent, Michigan Law Review
Michigan Law Review
A Review of Who Speaks for the Child: The Problems of Proxy Consent edited by Willard Gaylin and Ruth Macklin
Illegitimacy: An Examination Of Bastardy, Michigan Law Review
Illegitimacy: An Examination Of Bastardy, Michigan Law Review
Michigan Law Review
A Review of Illegitimacy: An Examination of Bastardy by Jenny Teichman
The Marriage Contract, Michigan Law Review
The Marriage Contract, Michigan Law Review
Michigan Law Review
A Review of the The Marriage Contract by Lenore J. Weitzman
Virginia's Domestic Relations Long-Arm Legislation: Does Its Reach Exceed Its Due Process Grasp?, E. Roy Hawkens
Virginia's Domestic Relations Long-Arm Legislation: Does Its Reach Exceed Its Due Process Grasp?, E. Roy Hawkens
William & Mary Law Review
No abstract provided.
Enforcement Of Judgments And Liens In Virginia, Federal Regulation Of Family Law, J. Stephen Proffitt Iii, Peter N. Swisher
Enforcement Of Judgments And Liens In Virginia, Federal Regulation Of Family Law, J. Stephen Proffitt Iii, Peter N. Swisher
University of Richmond Law Review
Collection practice has undergone a major transition over the past fifteen years. Once the ignored bastard by the mainstream of the bar, collection practice has survived and matured into a serious endeavor for a growing body of lawyers. Several reasons underlie this change. First, as society has become more transient and business relationships increasingly impersonal, businessmen and professionals have had to intensify collection efforts to maintain profit levels. Since legislation and supplementary case decisions have made debtor-creditor law a complex field, lawyers are frequently called upon to do collection work because of their expertise in using sophisticated legal procedures. Second, …
Criminal Law - A New Means To Combat Child Abuse?, Janet Coleman
Criminal Law - A New Means To Combat Child Abuse?, Janet Coleman
Campbell Law Review
This note will examine State v. Walden in light of prior North Carolina law, in relation to the new law it creates, as well as the policy interests involved in this area of criminal liability.
Allocating The Fruits Of A Marriage: A Look At Virginia's New Domestic Relations Statute, Torrence M. Hinnant
Allocating The Fruits Of A Marriage: A Look At Virginia's New Domestic Relations Statute, Torrence M. Hinnant
University of Richmond Law Review
Divorce is on the rise. The social, emotional, and economic partnership that constitutes the foundation of the family is succumbing to both external and internal pressures, resulting in an alarming rate of divorce, an event which has significant consequences for the involved spouses and children.
Valuation Of Spousal Interest In A Professional Practice For Equitable Distribution: Hirschfeld V. Hirschfeld, David W. Hagy
Valuation Of Spousal Interest In A Professional Practice For Equitable Distribution: Hirschfeld V. Hirschfeld, David W. Hagy
University of Richmond Law Review
The New York court in Hirschfeld v. Hirschfeld held that under the state's equitable distribution statute a husband's interest in his law prac- tice constitutes marital property subject to equitable division upon divorce. The court noted the lack of a valuation standard in both the statute and the state case law and applied an Internal Revenue Service formula to calculate the amount of goodwill in the law practice. The court divided that amount equally and awarded the wife $6,900, over three years, as her share of the husband's net income from his law practice.
Spouse Abuse: Proposal For A New Rule Of Thumb, Cheryl A. Wilkerson
Spouse Abuse: Proposal For A New Rule Of Thumb, Cheryl A. Wilkerson
University of Richmond Law Review
Since the mid-1970's, the nation has been giving increased attention to the problem of spouse abuse. This increased attention arose a decade after the nation became acutely aware that child abuse was a problem in this country. Heightened awareness of the fact that violence occurs between family members was accompanied by recognition that available legal remedies were inadequate. The remedies available to the abused spouse in most states other than Virginia include not only prosecution through the criminal justice system but also civil protective orders which may be obtained by victims either as an alternative to or in conjunction with …
Maryland's Exchangeable Children: A Critique Of Maryland's System Of Providing Services To Mentally Handicapped Children, Susan P. Leviton, Nancy B. Shuger
Maryland's Exchangeable Children: A Critique Of Maryland's System Of Providing Services To Mentally Handicapped Children, Susan P. Leviton, Nancy B. Shuger
Maryland Law Review
No abstract provided.
Book Reviews, Stephen C. Hicks, David A. Elder, Edward A. Laing
Book Reviews, Stephen C. Hicks, David A. Elder, Edward A. Laing
Vanderbilt Journal of Transnational Law
THE FAMILY IN INTERNATIONAL LAW: SOME EMERGING PROBLEMS
Edited by R. Lillich
Charlottesville: Michie, 1981. Pp. xii, 164
Reviewed by Stephen C. Hicks
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TREATIES OF THE PEOPLE'S REPUBLIC OF CHINA, 1949-1978: AN ANNOTATED COMPILATION
By Grant F. Rhode and Reid E. Whitlock
Boulder, Colorado: Westview Press, 1980. Pp. ix, 207. $25.00.
Reviewed by David A. Elder
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STATE AND DIPLOMATIC IMMUNITY
By Charles Lewis London:
Lloyd's Press of London, Ltd., 1980. Pp. xv, 135. 16f.
Reviewed by Edward A. Laing
Estate Planning For The Married Couple, Don W. Llewellyn
Estate Planning For The Married Couple, Don W. Llewellyn
Villanova Law Review
No abstract provided.
Domestic Relations Advocacy - Is There A Better Alternative, William D. Kraut
Domestic Relations Advocacy - Is There A Better Alternative, William D. Kraut
Villanova Law Review
No abstract provided.
The Constitutional Status Of Marriage, Kinship, And Sexual Privacy -- Balancing The Individual And Social Interests, Bruce C. Hafen
The Constitutional Status Of Marriage, Kinship, And Sexual Privacy -- Balancing The Individual And Social Interests, Bruce C. Hafen
Michigan Law Review
Today's lopsided competition between the individual and social interests has made the law a party to the contemporary haze that clouds our vision of what a family is or should be. In that sense, recent legal developments have contributed to the crisis Stanley Hauerwas has identified regarding American family life today - our inability to define "what kind of family should exist" and our inability to articulate ''why we should think of [the family] as our most basic moral institution."
In response to those two questions, this Article considers whether, as a constitutional matter, the courts should recognize claims by …
Law, Social Change And Child Snatching, Christopher Carlson, Paul Lansing, Thomas Sweeney
Law, Social Change And Child Snatching, Christopher Carlson, Paul Lansing, Thomas Sweeney
Loyola University Chicago Law Journal
No abstract provided.
Military Retired Pay And Divorce: Congress Retires Mccarty V. Mccarty-Is That Enough?
Military Retired Pay And Divorce: Congress Retires Mccarty V. Mccarty-Is That Enough?
Washington and Lee Law Review
No abstract provided.