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

Law Commons

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

Family Law

Series

Institution
Keyword
Publication Year
Publication
File Type

Articles 1 - 30 of 2738

Full-Text Articles in Law

Ks Pop Celebrating Three Years Of Tech-Driven Justice For All, Ayyoub Ajmi Jul 2024

Ks Pop Celebrating Three Years Of Tech-Driven Justice For All, Ayyoub Ajmi

Faculty Works

This article explores the development and impact of the Kansas Protection Order Portal (KS POP), highlighting the vital role of law librarians in the portal's design and implementation. The article showcases how KS POP has streamlined the legal process for domestic violence, sexual assault, and human trafficking victims in Kansas, marking a significant advancement in accessible legal support and serving as a model for future innovations in the justice system.


A Parent's Guide To Social Media Safety, Catherine Grimley May 2024

A Parent's Guide To Social Media Safety, Catherine Grimley

Gator TeamChild Juvenile Law Clinic

The goal of this White Paper is to provide parents and other caregivers with a compilation of literature from some of the most popular social media platforms in one convenient place. It aims to help parents understand what parental controls and account settings are available, so they can facilitate important conversations with their teens regarding social media safety.


Fear Of Love And Loving In India, Sarasu Esther Thomas Apr 2024

Fear Of Love And Loving In India, Sarasu Esther Thomas

Popular Media

Excerpt:

It is unthinkable that marriages and live-in relationships between adults should become so regimented by the State. This is a violation of constitutional and human rights to have adult agency appropriated by the state and non-state actors. This insidious creeping of the paternalistic State into romantic and intimate relationships of consenting adults does not show any signs of ebbing. It reflects increased polarisation and merges moral policing with the law.


5th Annual Women In Law Leadership Lecture, Roger Williams University School Of Law Apr 2024

5th Annual Women In Law Leadership Lecture, Roger Williams University School Of Law

School of Law Conferences, Lectures & Events

No abstract provided.


Alternative Dispute Resolution In Montana: A Catalog Of The Local Rules In Montana District Courts, Brianna Anderson, Brock Flynn Apr 2024

Alternative Dispute Resolution In Montana: A Catalog Of The Local Rules In Montana District Courts, Brianna Anderson, Brock Flynn

Student Scholarship

A catalog of the Local ADR Rules for the Montana Judicial District Courts, including rules about settlement conferences, mediation, and informal domestic relations trials.


Children Seen But Not Heard, Stacey B. Steinberg Apr 2024

Children Seen But Not Heard, Stacey B. Steinberg

UF Law Faculty Publications

Children are expected to abide by the will of their parents. In the last 200 years, American jurisprudence has given parents the ability to control their children’s upbringing with few exceptions. The principle governing this norm is that parents know best and will use their better knowledge to protect their children’s welfare.

The COVID-19 pandemic, public school rules, and children’s privacy laws offer modern examples of regulations in which the interests of parents and children may not align. Minors may want access to vaccines, despite a parent’s refusal to sign a consent form. Minors may want to talk to their …


The Real Wrongs Of Icwa, James G. Dwyer Apr 2024

The Real Wrongs Of Icwa, James G. Dwyer

Faculty Publications

Haaland v. Brackeen rejected federalism-based challenges to the Indian Child Welfare Act (ICWA) but signaled receptivity to future challenges based on individual rights. The adult-focused rights claims presented in Haaland, however, miss the mark of what is truly problematic about ICWA. This Article presents an in-depth, children’s-rights based critique of the Act, explaining how it violates a fundamental right against state exertion of power over central aspects of persons’ private lives to their detriment for illicit purposes. In fact, the Act’s defenders are complicit in the same sort of government violence that motivated ICWA’s enactment—erasing aspects of children’s heritage …


Regulating Social Media Through Family Law, Katharine B. Silbaugh, Adi Caplan-Bricker Mar 2024

Regulating Social Media Through Family Law, Katharine B. Silbaugh, Adi Caplan-Bricker

Faculty Scholarship

Social media afflicts minors with depression, anxiety, sleeplessness, addiction, suicidality, and eating disorders. States are legislating at a breakneck pace to protect children. Courts strike down every attempt to intervene on First Amendment grounds. This Article clears a path through this stalemate by leveraging two underappreciated frameworks: the latent regulatory power of parental authority arising out of family law, and a hidden family law within First Amendment jurisprudence. These two projects yield novel insights. First, the recent cases offer a dangerous understanding of the First Amendment, one that should not survive the family law reasoning we provide. First Amendment jurisprudence …


Uttarakhand Ucc Pits Vulnerable Young Couples Against The Might Of The State, Sarasu Esther Thomas Feb 2024

Uttarakhand Ucc Pits Vulnerable Young Couples Against The Might Of The State, Sarasu Esther Thomas

Popular Media

On 7 February 2024, the Uttarakhand Assembly passed the Uniform Civil Code (UCC) Bill. In this article, Prof. (Dr.) Sarasu Esther Thomas unpacks its provisions along with their legal and social implications.


Not Even A Federal Judge Can Make Texas Protect Kids, Patrick Michels, Matthew Fraidin Feb 2024

Not Even A Federal Judge Can Make Texas Protect Kids, Patrick Michels, Matthew Fraidin

UDC Law Faculty in the News

In a thirteenth-floor courtroom in downtown Dallas, Jackie Juarez took the witness stand to testify about years of mistreatment under the system that raised her. Now eighteen years old, she stood a little over four and a half feet tall, with dark curls that fell atop a long, cream-colored cardigan. She pulled By Patrick Michels the microphone close as she spoke. At eleven years old, she had been placed in the state’s custody, for reasons that remain confidential. She was removed from a group home after reporting inappropriate text messages from a male staffer—he remained employed at the facility, while …


Intimate Partner Violence And Family Dispute Resolution – Coercion, Capacity, And Control, Kelly Browe Olson Jan 2024

Intimate Partner Violence And Family Dispute Resolution – Coercion, Capacity, And Control, Kelly Browe Olson

Faculty Scholarship

Intimate partner violence (IPV) is one of the most complex issues that family dispute resolution (FDR) professionals encounter. Over one-third of women and one-quarter of men in the United States have experienced physical violence, rape, and/or stalking by an intimate partner in their lifetime (Black et al., 2011), and a majority of separation- and divorce-related cases involve IPV allegations (Ballard et al., 2011; Beck et al., 2010; Belzer, 2003). IPV often escalates, and is most dangerous, during and after separation and creates unique challenges for mediation and other collaborative processes (Beck & Raghaven, 2010; Kelly & Johnson, 2008). Therefore, all …


The Mature Minor Doctrine And Covid Vaccination In Connecticut, Brianna Cyr Jan 2024

The Mature Minor Doctrine And Covid Vaccination In Connecticut, Brianna Cyr

Connecticut Law Review

The mature minor doctrine is an exception to the common law rule of parental informed consent for a child’s medical decisions. The mature minor doctrine is applicable as either doctrine or statute in some states, but not all. Connecticut currently upholds the common law view for a minor child’s medical decision-making authority. Consequently, one prominent topic of discussion in recent years deals with the Covid-19 pandemic and the public policy discussions over nation-wide vaccination efforts. Many minors, children legally under the age of eighteen, are looking to make their own medical decisions when dealing with vaccination for the Coronavirus. By …


Brief Of Amici Curiae In Support Of The United States: Moyle & Idaho V. United States, David S. Cohen, Greer Donley, Rachel Rebouché Jan 2024

Brief Of Amici Curiae In Support Of The United States: Moyle & Idaho V. United States, David S. Cohen, Greer Donley, Rachel Rebouché

Amici Briefs

This amicus brief, submitted to the Supreme Court in Moyle v. United States, argues that Moyle, and the impending circuit split surrounding it, is a symptom of a larger workability problem with the Dobbs v. Jackson Women’s Health Organization framework. Dobbs is already proving, in its brief existence, to be unworkable, and must be overturned. In short order, the Dobbs ruling has ushered in an era of unprecedented legal and doctrinal chaos, precipitating a fury of disorienting legal battles across the country. The Dobbs framework has created destabilizing conflicts between federal and state authorities, as in the current …


Children's Right To Access Potentially Critical Learning: Liberating Youth From Propagation Of Structural Injustice, Melina Constantine Bell Jan 2024

Children's Right To Access Potentially Critical Learning: Liberating Youth From Propagation Of Structural Injustice, Melina Constantine Bell

Scholarly Articles

Over the past two years, U.S. states have passed educational gag orders (“EGOs”) that prohibit teaching about antiracism and LGBTQ+ identities. EGOs are destructive in at least two ways. First, they violate children’s right to access information that is potentially critical for their individual well-being. Second, they interfere with cultivating mutual respect in a pluralistic society, which serves children’s present and future wellbeing interests. In this article, I aim to demonstrate the harms that EGOs inflict, and how revising the legal framework governing children’s rights in the United States can increase both children’s and adults’ well-being. That revision entails the …


Centering Students’ Rights In Our Democracy: A Case Study From Maryland’S Eastern Shore, Samantha C. Pownall Jan 2024

Centering Students’ Rights In Our Democracy: A Case Study From Maryland’S Eastern Shore, Samantha C. Pownall

Articles & Chapters

No abstract provided.


The Intersection Of Special Education And Family Law: Thoughts For Family Law Attorneys In Divorce And Custody Cases, Richard D. Marsico Jan 2024

The Intersection Of Special Education And Family Law: Thoughts For Family Law Attorneys In Divorce And Custody Cases, Richard D. Marsico

Articles & Chapters

The Individuals with Disabilities Education Act (IDEA) requires participating states to provide a free appropriate public education (FAPE) to children with disabilities. The IDEA gives parents of children with disabilities significant rights and major responsibilities in developing and maintaining their child’s education. Getting the most out of the IDEA for their children requires parents to commit substantial time and financial resources that are difficult to provide in the best circumstances. When parents are having marital difficulties, separated, undergoing a divorce, or negotiating child custody, these difficulties can be exacerbated as parents navigate the intersection of the federal IDEA and state …


Family Law And Children’S Educational Rights: Introduction & Acknowledgements, Lisa Grumet Jan 2024

Family Law And Children’S Educational Rights: Introduction & Acknowledgements, Lisa Grumet

Articles & Chapters

No abstract provided.


Restating The Law In A Child Wellbeing Framework, Elizabeth S. Scott Jan 2024

Restating The Law In A Child Wellbeing Framework, Elizabeth S. Scott

Faculty Scholarship

The Restatement of Children and the Law is scheduled for formal adoption by the American Law Institute in 2024. When this project was first proposed, it was met with some skepticism, on the view that the regulation of children was not a coherent field of law. But after eight years of work on this Restatement, the Reporters have produced a comprehensive account of the law’s treatment of children and clarified that it is, indeed, an integrated and coherent area of law. Our work has uncovered a deep structure and logic that shapes the legal regulation of children in the family, …


Nudging Improvements To The Family Regulation System, Joshua Gupta-Kagan Jan 2024

Nudging Improvements To The Family Regulation System, Joshua Gupta-Kagan

Faculty Scholarship

The Restatement of Children and the Law features a strong endorsement of parents’ rights to the care, custody, and control of their children because parents’ rights are generally good for children. Building on that foundation, the Restatement’s sections on child neglect and abuse law would resolve several jurisdictional splits in favor of greater protections for family integrity, thus protecting more families against the harms that come from state intervention, especially state separation of parents from children.

But a close read of the Restatement shows that it only goes so far. It is not likely to significantly reduce the wide variation …


Parental Rights Rhetoric Versus Parental Rights Doctrine, Clare Huntington Jan 2024

Parental Rights Rhetoric Versus Parental Rights Doctrine, Clare Huntington

Faculty Scholarship

Professor Josh Gupta-Kagan observes that the Restatement of Children and the Law does not transform the law of child abuse and neglect. As he contends, this is neither a feature nor a bug. It is simply the reality of a restatement, which can only nudge, not reform, the law. I agree with Gupta-Kagan that only political will, not the American Law Institute (ALI), can fix the significant problems with the family regulation system. For advocates and scholars — including both of us — who seek structural and doctrinal change, the ALI has principles projects, and there is a broader ecosystem …


Comment On Part 4 Essays: Goodwin And Dailey And Rosenbury, Elizabeth S. Scott Jan 2024

Comment On Part 4 Essays: Goodwin And Dailey And Rosenbury, Elizabeth S. Scott

Faculty Scholarship

Professors Michelle Goodwin and Anne Dailey and President Laura Rosenbury have written two compelling essays on Part 4 of the Restatement of Children and the Law, dealing with Children in Society. Goodwin’s essay, She’s So Exceptional: Rape and Incest Exceptions Post-Dobbs, focuses on § 19.02 of the Restatement, dealing with the right of minors to reproductive health treatments. This Section was approved by the American Law Institute before the Supreme Court decided Dobbs v. Jackson Women’s Health Organization, overturning Roe v. Wade. In her essay, Goodwin explores the harms that will follow if minors’ right of access …


The Harm Of "Nothing Burgers", Joshua Gupta-Kagan Jan 2024

The Harm Of "Nothing Burgers", Joshua Gupta-Kagan

Faculty Scholarship

Child protective services (CPS) agencies subject a wide scope of families to investigation, and the vast majority do not lead to family separations or family court cases. A 2017 study, for instance, showing that 37% of all children and 53% of Black children are the subject of CPS investigations in their childhoods, has now been cited hundreds of times. Kelley Fong’s new book, Investigating Families, is based on the months she spent embedded with CPS investigators responding to allegations that parents abused or (more often) neglected their children, and the interviews she conducted with both investigators and the parents …


The Ethical Risk Of Experience, Barbara Glesner Fines Oct 2023

The Ethical Risk Of Experience, Barbara Glesner Fines

Faculty Works

Practice may make perfect, but in law practice, experience and specialization can actually increase some types of errors - leading to an increased risk of malpractice claims, disciplinary complaints, or client dissatisfaction. This article explores the question of why this may be so. The article first examines the phenomenon of increased malpractice and disciplinary risks for family law attorneys in general and experienced attorneys in par­ticular. The central question this article examines is this, "Why might highly experienced and specialized family law attorneys find themselves facing the most severe of disciplinary sanctions or malpractice judgments?" The answers point to some …


A Crazy Quilt: Infanticide In The United States, Susan Ayres Oct 2023

A Crazy Quilt: Infanticide In The United States, Susan Ayres

Faculty Scholarship

This chapter builds on previous research to present a sampling of cases in the US, primarily in the twenty-first century, in order to show the harshness and disparity in criminal charges, defences and sentences. The broad term ‘infanticide’ is used for child-murder cases, and the more specific term ‘neonaticide’ is used for the killing of a child in the first 24 hours after birth. This chapter also describes the more recent use of genetic genealogy to solve cold cases of neonaticide. It concludes by considering how the absence of an infanticide offence and expanded defences results in an incoherent, unjust …


Real Property Issues In Family Law: An Annotated Bibliography, Allen Roston Oct 2023

Real Property Issues In Family Law: An Annotated Bibliography, Allen Roston

Faculty Works

No abstract provided.


Foreword, Vincent Ooi Oct 2023

Foreword, Vincent Ooi

Research Collection Yong Pung How School Of Law

Family law goes beyond divorce cases, often requiring the family law practitioner to advise and assist on matters involving children and young persons, and protection orders. These can be some of the most challenging issues which a person can face and it is not always obvious to someone needing help that they can turn to the law for assistance in appropriate cases. This makes books like this one crucial in spreading the word that help is available, preventing a situation where people facing difficulties might have to suffer in silence.Fung Peen’s first two books on Lasting Powers of Attorney (LPAs) …


Twenty Years After Krieger V Law Society Of Alberta: Law Society Discipline Of Crown Prosecutors And Government Lawyers, Andrew Flavelle Martin Oct 2023

Twenty Years After Krieger V Law Society Of Alberta: Law Society Discipline Of Crown Prosecutors And Government Lawyers, Andrew Flavelle Martin

Articles, Book Chapters, & Popular Press

Krieger v. Law Society of Alberta held that provincial and territorial law societies have disciplinary jurisdiction over Crown prosecutors for conduct outside of prosecutorial discretion. The reasoning in Krieger would also apply to government lawyers. The apparent consensus is that law societies rarely exercise that jurisdiction. But in those rare instances, what conduct do Canadian law societies discipline Crown prosecutors and government lawyers for? In this article, I canvass reported disciplinary decisions to demonstrate that, while law societies sometimes discipline Crown prosecutors for violations unique to those lawyers, they often do so for violations applicable to all lawyers — particularly …


The Impact Of Us Abortion Policy On Rheumatology Clinical Practice: A Cross-Sectional Survey Of Rheumatologists, Bonnie L. Bermas, Irene Blanco, Rosalind Ramsey-Goldman, Ashira D. Blazer, Megan E.B. Clowse, Cuoghi Edens, Greer Donley, Leslie Pierce, Catherine Wright, Mehret Birru Talabi Sep 2023

The Impact Of Us Abortion Policy On Rheumatology Clinical Practice: A Cross-Sectional Survey Of Rheumatologists, Bonnie L. Bermas, Irene Blanco, Rosalind Ramsey-Goldman, Ashira D. Blazer, Megan E.B. Clowse, Cuoghi Edens, Greer Donley, Leslie Pierce, Catherine Wright, Mehret Birru Talabi

Articles

In June of 2022, the US Supreme Court's decision in Dobbs v Jackson Women’s Health overturned Roe v Wade, finding that there was no federal constitutional right to abortion. Subsequently, almost one third of states have near-total abortion bans in effect. Our team distributed a confidential web-based survey to a sample of US-based rheumatologists to assess how the Dobbs decision is affecting the clinical care of reproductive-age females with rheumatic diseases (RMDs), including teratogen prescribing, pregnancy termination referrals, and rheumatologists’ perceived vulnerability to criminalization.


Contextual Determinants Of Re-Reporting For Families Receiving Alternative Response: A Survival Analysis In A Midwestern State, Jianchao Lai, Michelle Graef, Todd Franke, Toby Burnham Sep 2023

Contextual Determinants Of Re-Reporting For Families Receiving Alternative Response: A Survival Analysis In A Midwestern State, Jianchao Lai, Michelle Graef, Todd Franke, Toby Burnham

Center on Children, Families, and the Law: Faculty Publications

Differential response (DR) has been widely adopted in over 30 states to address shortcomings of the traditional approach to child maltreatment reports in complex family and case circumstances. However, despite continued evaluation efforts, evidence of the effectiveness of DR remains inconclusive. The current study aims to assess the impact of a DR program and potential predictors, including service match and number of family case workers, on maltreatment re-reports in a Midwestern state. The study utilized a randomized control trial and assigned eligible families to either the Alternative Response (AR) track or Traditional Response (TR) track. The enrollment was implemented in …


Habeas At Home And Heart: Progressive Era Cases Of Spousal Confinement To Nebraska's Psychiatric Households, Isabelle Childs Aug 2023

Habeas At Home And Heart: Progressive Era Cases Of Spousal Confinement To Nebraska's Psychiatric Households, Isabelle Childs

Digital Legal Research Lab

No abstract provided.