Law Commons^™

Territoriality And Moral Dissensus: Thoughts On Abortion, Slavery, Gay Marriage And Family Values, Seth F. Kreimer

All Faculty Scholarship

No abstract provided.

The Family Franchise: Elderly Parents And Adult Siblings, Margaret F. Brinig

Journal Articles

In this paper, I am going to concentrate on one family transition where we have established substantial legal barriers-that of emancipation. However, I will briefly allude to other "broken families," such as the divorcing family and the family divided by adoption.

As students of the family, we are preoccupied with divorce. We write about families in crisis and use the fabric of their lives worn thin and stretched to the breaking point to develop our ideas about what families are and even what they ought to be. In a way, of course, law teaching and the Socratic method drive us …

'Irresponsible' Reproduction, Linda C. Mcclain

Faculty Scholarship

In recent years, there have been countless calls for reversing the rise in irresponsibility in American society.' Calls for restoring personal responsibility in both private and political life sound from both of the major political parties as well as from various cultural critics, pundits, and academics. 2 Proponents of a return to personal responsibility wage their battle on numerous fronts, advocating a cultural revolution, a moral revival, and a recovery of "virtue" to bring about a reformation of attitudes and behaviors regarded as troublesome. 3 Many voices now urge that law and public policy should encourage, or require, personal responsibility …

Give Them A Sword: Representing Parents In Child Custody Cases, William Tabac

Law Faculty Articles and Essays

First, this Essay demonstrates that, because the "best interests" standard that states use in awarding custody between parents is so arbitrary, lawyers cannot effectively protect the parental rights of their clients. Next, this Essay contends that, because fit parents will do anything to preserve their bond with their children, the state not only expects them to commit perjury to protect their parental rights, but encourages them to do so. Finally, this Essay argues that lawyers should lay out all possible strategies to their clients even if doing so invites parents to perjure themselves.

The Two-Parent Family In The Liberal State: The Case For Selective Subsidies, Amy L. Wax

All Faculty Scholarship

No abstract provided.

Race And The New Reproduction, Dorothy E. Roberts

All Faculty Scholarship

No abstract provided.

A Feminist Social Justice Approach To Reproduction-Assisting Technologies: A Case Study On The Limits Of Liberal Theory, Joan C. Callahan, Dorothy E. Roberts

All Faculty Scholarship

No abstract provided.

The Law And The Stability Of Marriage: The Family As A Social Institution, Carl E. Schneider

Book Chapters

Samuel Johnson once wrote, "It is so far from being natural for a man and woman to live in a state of marriage that we find all the motives which they have for remaining in that connection, and the restraints which civilized society imposes to prevent separation, are hardly sufficient to keep them together." In this chapter I shall pursue Dr. Johnson's provocative suggestion by asking what restraints (if any) society might impose through law on couples to join them in marriage in the first place and to keep them in it after they have married.

But why might society …

What If? The Legal Consequences Of Marriage And The Legal Needs Of Lesbian And Gay Male Couples, David L. Chambers

Articles

Laws that treat married persons in a different manner than they treat single persons permeate nearly every field of social regulation in this country - taxation, torts, evidence, social welfare, inheritance, adoption, and on and on. In this article I inquire into the patterns these laws form and the central benefits and obligations that marriage entails, a task few scholars have undertaken in recent years. I have done so because same-sex couples, a large group not previously eligible to marry under the laws of any American jurisdiction, may be on the brink of securing the opportunity to do so in …

Parent Education As A Distinct Field Of Practice: The Agenda For The Future, Peter Salam, Andrew Schepard, Stephen W. Schlissel

Hofstra Law Faculty Scholarship

The proliferation of educational programs for separated and divorcing parents has created an emerging field of practice. This article examines core questions of professional responsibility, accountability, standards, and practices that must be addressed to advance the development of the field.

Education programs for separated and divorcing parents have captured widespread attention. New programs are being established at a rapid pace. Increasingly, legislation and court rules require parents to attend an education program (Biondi, 1995). Newspapers, magazines, and television networks- including the New York limes, Wall Street Journal, Washington Post, Newsweek, CBS, NBC, and CNN-have all reported on what Time Magazine …

Separating From Children, Carol Sanger

Faculty Scholarship

On September 1, 1939, in anticipation of the imminent German bombing of British cities, 150,000 children were assembled at the railway stations of London and sent throughout the day to "'destinations unknown'" in the English countryside. Mothers and children under five were evacuated together but school-age children were shipped out to rural billets in school groups, accompanied only by their teachers and civil defense volunteers. Forty years later, an observer remembered the day vividly:

[T]he mothers [were] trying to hold back their tears as they marched these little boys and girls in their gas masks into the centre …. The …

Book Review Of State Legislative Summary, 1994: Children, Youth, And Family Issues, James S. Heller

Library Staff Publications

No abstract provided.