Law Commons^™

Spruce Run News (December 1986), Spruce Run Staff

Maine Women's Publications - All

No abstract provided.

Senate Task Force On Family Equity, Senate Committee On Judiciary

California Senate

No abstract provided.

Bowen V. Gilliard, Lewis F. Powell Jr.

Supreme Court Case Files

No abstract provided.

Spruce Run News (Summer 1986), Spruce Run Staff

Maine Women's Publications - All

No abstract provided.

A Consideration Of Alternatives To Divorce Litigation, Thomas E. Carbonneau

Journal Articles

This article argues for the need to inform divorce proceedings with a sense of the human reality of matrimonial breakdown. Part one assesses the adequacy of the existing adjudicatory approach to divorce by focusing upon the hiatus between the legal approach to divorce and the emotional content of divorce disputes. Part two lays the foundation for constructive change, providing a statistical portrait of divorce in contemporary America. Part four discusses mediation and suggests that it is a more viable alternative mechanism to divorce litigation. Part five discusses the implementation of a judicial arbitration structure.

Note, Frye V. Frye: Maryland Sacrifices The Child For The Sake Of The Family, Kathryn Webb Bradley

Faculty Scholarship

No abstract provided.

Parents, Psychologists And Child Custody Disputes: Protecting The Privilege And The Children, Marjorie F. Knowles, Caroline Chunn Mccarthy

Faculty Publications By Year

No abstract provided.

Joint Custody, Feminism And The Dependency Dilemma, Katharine T. Bartlett, Carol B. Stack

Faculty Scholarship

No abstract provided.

Court-Ordered Mediation In Family Disputes: The New York Proposal, Linda Silberman, Andrew Schepard

Hofstra Law Faculty Scholarship

Marital and family disputes have been an important focus for alternative dispute resolution. Perhaps because divorce and custody disputes reveal the personal, human, and emotional aspects of conflict more visibly than other types of legal proceedings, attempts to resolve such disputes through the traditional legal process have proved remarkably ineffective. Mediation of divorce and custody matters is a particularly promising method of achieving more expeditious, less hostile, and more enduring matrimonial and custodial arrangements.

The mediation process offers to divorcing couples a neutral third party who will help the parties resolve their disputes. The mediator's function is to develop a …

Court-Ordered Foster Family Care Reform: A Case Study, Michael B. Mushlin

Elisabeth Haub School of Law Faculty Publications

The authors examine the implications of G. L. v. Zumwalt, a case that resulted in a far-reaching consent decree that mandates specific reforms in policy and practice to be implemented by a public social welfare agency in its delivery of services to foster children and their families.

Child Custody - Jurisdiction And Procedure, Christopher L. Blakesley

Scholarly Works

Custody determinations traditionally have comprised a subcategory of litigation under the Pennoyer v. Neff exception for proceedings relating to status. Of course, states have the power to decide the status of their domiciliaries. It was natural, therefore, for the courts and scholars of the nineteenth and early twentieth centuries to consider domicile the sole basis of jurisdiction in custody matters. Gradually, judges and scholars began to challenge the notion that domicile was the sole basis and courts began to apply other bases, such as the child's presence in the state or personal jurisdiction over both parents. One commentator suggests that …

Sterilization Of Mentally Retarded Persons: Reproductive Rights And Family Privacy, Elizabeth S. Scott

Faculty Scholarship

Sterilization is one of the most frequently chosen forms of contraception in the world; many persons who do not want to have children select this simple, safe, and effective means of avoiding unwanted pregnancy. For individuals who are mentally disabled, however, sterilization has more ominous associations. Until recently, involuntary sterilization was used as a weapon of the state in the war against mental deficiency. Under eugenic sterilization laws in effect in many states, retarded persons were routinely sterilized without their consent or knowledge.

Sterilization law has undergone a radical transformation in recent years. Influenced by a distaste for eugenic sterilization …

Comparative Responses To Surrogate Motherhood, Thomas A. Eaton

Scholarly Works

This Article analyzes the Warnock Report [UK] and the Surrogacy Arrangements Act [UK] in light of existing practices and laws in the United States and Great Britain. Section II provides a description of surrogacy practices and the uncertain legal environment in which they operate. Section III compares the Surrogacy Arrangements Act with Canadian, American, and Australian legislative proposals. Section IV then examines in more detail the commonly voiced ethical objections to surrogacy agreements an concludes that these objections do not warrant criminalization of surrogacy agreements. Finally, Section V offers suggestions on the enforcement of surrogacy agreements.