Law Commons^™

Joint Custody And Child Support, Assembly Committee On Judiciary

California Assembly

No abstract provided.

Mills V. Habluetzel, Lewis F. Powell Jr.

Supreme Court Case Files

No abstract provided.

Parents' Rights And Juvenile Court Jurisdiction: A Review Of Before The Best Interests Of The Child, Stanley Z. Fisher

Faculty Scholarship

This new book¹ by the authors of Beyond the Best Interests of the Child² also makes a major contribution to the field of family law. Concentrating this time on the subject of child neglect and abuse, the authors mount a powerful attack on state intrusion into families under current child protection laws. Like Beyond the Best Interests, this book has attracted wide attention and provoked intense controversy. It should be read by all those concerned about the law's impact on children and families.

Spruce Run News (March 1981), Spruce Run Staff

Maine Women's Publications - All

No abstract provided.

Analytical And Comparative Variations On Selected Provisions Of Book One Of The Louisiana Civil Code With Special Consideration Of The Role Of Fault In The Determination Of Marital Disputes, Thomas E. Carbonneau

Journal Articles

This article is intended to be a type of "structuralist" commentary upon selected provisions in Book I of the Louisiana Civil Code. Its sole purpose is to illustrate, both for pedagogical and doctrinal reasons, some of the analytical difficulties to which these code provisions might give rise when they are read in a close textual fashion. It should be emphasized that this study is a textual commentary and not a historical assessment of the sources or origins of the code texts – the latter analysis is outside the purview of the present endeavor.

Accordingly, this article consists of a critical …

Freedom And Choice In Constitutional Law, John H. Garvey

Scholarly Articles

The constitutional rights of children, the mentally ill, and other legally incompetent persons have been the subject of much litigation in the past twenty years. In this Article, Professor Garvey develops a general theory to explain the different ways in which persons of diminished capacity can be said to enjoy constitutional protections. He first notes that, of the various constitutional provisions, only one kind -freedoms, which protect the right to make choices - pose serious difficulties when applied to persons of diminished capacity. He then proposes a hierarchy of ways in which we can attribute freedoms to such persons: the …

Divorce Law Practice (Part 2), Harvey L. Zuckman

Scholarly Articles

Part 2 of an overview of divorce law practice deals with custody and visitation arrangements, pretrial activities and the negotiation of separation and property settlement agreements. Part 1 discussed the initial interview, the problem of multiple clients, and the three kinds of separation agreements.

Artificial Insemination Redivivus: Permutations Within A Penumbra, George P. Smith Ii

Scholarly Articles

Judicial and legislative action are needed in order to chart a course of stability for decision-making in the field of artificial insemination. Because of the lethargy and benign neglect of the medical profession itself in policing this area, the courts will be forced to impose new and higher standards of care and responsibility, thereby tightening the laws of malpractice. Additional clarifying legislation will also have to be enacted creating a presumption at law of legitimacy for the issue born of consensual AID and thereby establishing both the legal rights and duties of the consenting husband. Donor liability should be scrupulously …

Child Custody And Parental Authority In France, Louisiana And Other States Of The United States: A Comparative Analysis, Christopher L. Blakesley

Scholarly Works

No abstract provided.

Interstate Enforcement Of Child Protection Orders, Donald N. Duquette

Book Chapters

Child protection orders issued by local courts are sometimes violated. As long as the children and the other parties involved remain within the court's jurisdiction, enforcement problems, although they exist, are less complicated than the problems presented when the child is out of the court's jurisdiction. A child may be removed from the jurisdiction during visitation, contrary to the court's order. A child, visiting in another jurisdiction, may not be returned as ordered by the court. A child placed out of the jurisdiction by the court may now be in jeopardy because of an unauthorized removal from placement or other …

Divorce Law Practice (Part 3), Harvey L. Zuckman

Scholarly Articles

Part 3 of an overview of divorce law practice deals with contested and uncontested divorce trials, post divorce litigation, and multistate complications. Parts 1 and 2 discussed the initial interview, separation agreements, custody and visitation arrangements, and pretrial activities.

Interviewing The Child, Donald N. Duquette, Janet Stubbs

Book Chapters

The attorney representing a child needs to gather considerable information about his client. He needs to know the nature of the child's home environment, his present placement, his condition and adaptation to placement if the child is out of the home, his reasonable preferences for placement. He needs to know the age of the child, the child's capabilities and limitations, the number of siblings, the make-up of the family, the circumstances which led to removal, the legal and social alternatives available to the child and his family.

Enforceability Of Agreements To Arbitrate: An Examination Of The Public Policy Defense, Stewart E. Sterk

Articles

This Article seeks to demonstrate that the public policy of doctrine should be, and in general has been, limited to two types of cases. First, as already discussed, an agreement to arbitrate should not be enforced when the statute or case law principle at issue has aims other than promoting justice between the parties. Second, when a party to the agreement belongs to a class peculiarly subject to imposition by the class to which the other party belongs, an agreement to arbitrate will not and should not be enforced.

In the latter class of cases, the susceptibility to imposition may …