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Articles 31 - 60 of 111
Full-Text Articles in Law
The Pro Bono Collaborative Project Spotlight 05-23-2017, Roger Williams University School Of Law
The Pro Bono Collaborative Project Spotlight 05-23-2017, Roger Williams University School Of Law
Pro Bono Collaborative Staff Publications
No abstract provided.
In Re Parental Rights As To M.M.L., 133 Nev. Adv. Op. 21 (May 11, 2017), Hayley Cummings
In Re Parental Rights As To M.M.L., 133 Nev. Adv. Op. 21 (May 11, 2017), Hayley Cummings
Nevada Supreme Court Summaries
The Court determined that (1) when a parent is deemed incompetent to stand a criminal trial, there is no statutory authority requiring the district court to continue a parallel parental rights termination trial so that the parent can regain competence; and (2) when a litigant fails to object to the State’s method of service in initial pleadings or during trial, the litigant waives all challenges to the service of a parental rights termination by publication.
Custody Of Frozen Embryos Upon Dissolution Of Marriage In Georgia Research Guide, Lauren Zaki
Custody Of Frozen Embryos Upon Dissolution Of Marriage In Georgia Research Guide, Lauren Zaki
Law Library Student-Authored Works
No abstract provided.
Extending The Normativity Of The Extended Family: Reflections On Moore V. City Of East Cleveland, Angela Onwuachi-Willig
Extending The Normativity Of The Extended Family: Reflections On Moore V. City Of East Cleveland, Angela Onwuachi-Willig
Faculty Scholarship
Part I of this Article briefly recounts the plurality decision in Moore before analyzing Justice Brennan’s concurring opinion and detailing how the concurrence affirms, rather than deconstructs, the notion of African American deviance in families. Next, Part II specifies the ways in which Justice Brennan could have truly uplifted African American families and other families of color by identifying and explicating the strengths of extended or multigenerational family forms among people of color and by showing how such family forms can be a model, or even the model (if one must be chosen), for all families. Then, Part III concludes …
Grasping Fatherhood In Abortion And Adoption, Malinda L. Seymore
Grasping Fatherhood In Abortion And Adoption, Malinda L. Seymore
Faculty Scholarship
Biology makes a mother, but it does not make a father. While a mother is a legal parent by reason of her biological relationship with her child, a father is not a legal parent unless he takes affirmative steps to grasp fatherhood. Being married to the mother at the time of conception or at the time of birth is one of those affirmative steps. But if he is not married to the mother, he must do far more before he will be legally recognized as a father. Biology is often presented as a sufficient reason for this dichotomy--it is easy …
A Longitudinal And Experimental Study Of The Impact Of Knowledge On The Bases Of Institutional Trust, Lisa M. Pytlikzillig, Christopher D. Kimbrough, Ellie Shockley, Tess M.S. Neal, Mitchel Herian, Joseph A. Hamm, Brian H. Bornstein, Alan Tomkins
A Longitudinal And Experimental Study Of The Impact Of Knowledge On The Bases Of Institutional Trust, Lisa M. Pytlikzillig, Christopher D. Kimbrough, Ellie Shockley, Tess M.S. Neal, Mitchel Herian, Joseph A. Hamm, Brian H. Bornstein, Alan Tomkins
Lisa PytlikZillig Publications
This study examined a knowledge-centered theory of institutional trust development. In the context of trust in water regulatory institutions, the moderating impact of knowledge was tested to determine if there were longitudinal changes in the bases of institutional trust as a function of increases in knowledge about a target institution. We hypothesized that as people learn about an institution with which they were previously unfamiliar, they begin to form more nuanced perceptions, distinguishing the new institution from other institutions and relying less upon their generalized trust to estimate their trust in that institution. Prior to having specific, differential information about …
Petit V. Adrianzen, 133 Nev. Adv. Op. 15 (Apr. 13, 2017), Skyler Sullivan
Petit V. Adrianzen, 133 Nev. Adv. Op. 15 (Apr. 13, 2017), Skyler Sullivan
Nevada Supreme Court Summaries
The Court considers, as a matter of first impression, the standard of proof to be applied by district courts in resolving initial naming disputes of a child of married parents. The focus should be on the best interest of the child and neither parent should have the burden of proof. The Court held the district court determined the child’s name should be hyphenated to include both parent’s surnames and, in doing so, considered the best interests of the child and, thus, the order is affirmed.
Will Focusing On Men's Moral Calculus Make Abortion Less "About" Gender?, Linda C. Mcclain
Will Focusing On Men's Moral Calculus Make Abortion Less "About" Gender?, Linda C. Mcclain
Faculty Scholarship
Decades ago, feminist leader Gloria Steinem quipped that, “if men could get pregnant, abortion would be a sacrament.” As President Trump reinstates restrictions on women’s reproductive rights that the Obama Administration lifted (such as the “global gag rule”), the visual imagery of Trump signing executive orders while surrounded by an audience of white men raises – once again – the question of how gender shapes the abortion issue. In the recent unsuccessful Republican effort to repeal “Obamacare,” when Kansas Senator Pat Roberts was asked whether he supported removing the mandate that insurance companies cover “essential health benefits” such as maternity …
Parental Blame Frame: An Empirical Examination Of The Media's Portrayal Of Parents And Their Delinquent Juveniles, Ashley Wellman, Eve Brank, Katherine Hazen
Parental Blame Frame: An Empirical Examination Of The Media's Portrayal Of Parents And Their Delinquent Juveniles, Ashley Wellman, Eve Brank, Katherine Hazen
Center on Children, Families, and the Law: Faculty Publications
The most recent study discussed in this article examines how the media report issues of parental responsibility and blame regarding acts of juvenile delinquency. To accomplish this goal, we examined the frequency, context, and framing of parental responsibility in local and national print media via two content analyses. The results demonstrate that national media sources depict the notion of parental responsibility, whereas local media stories rarely mention parents. The national stories offer distant, more global statements of parental responsibility, while the local, specific stories tend to avoid any parental blame. The findings in this paper mirror public opinion polls that …
Editorial Notes: April 2017, Barbara A. Babb
Editorial Notes: April 2017, Barbara A. Babb
All Faculty Scholarship
This issue of Family Court Review (FCR) begins by honoring the life and memory of Ruth Stern, former Managing Editor of Family Court Review, who passed away in October, 2016. Her husband, Professor Herbie DiFonzo, offers glimpses into Ruth's life and their life together. Coming from a baseball family myself, I am particularly moved by Ruth's and Herbie's mutual passion for the New York Mets. It is obvious from the details Herbie graciously shares that theirs was a love and a life of unique tenderness and togetherness. I am deeply grateful to Herbie for allowing us the privilege to publish …
Children Crossing Borders: Internationalizing The Restatement Of The Conflict Of Laws, Louise Ellen Teitz
Children Crossing Borders: Internationalizing The Restatement Of The Conflict Of Laws, Louise Ellen Teitz
Law Faculty Scholarship
No abstract provided.
Time To Hold Last Rites For Martial-Rape Immunity, Tan K. B. Eugene
Time To Hold Last Rites For Martial-Rape Immunity, Tan K. B. Eugene
Research Collection Yong Pung How School Of Law
When Minister for Social and Family Development Tan Chuan-Jin said earlier this month in Parliament that the Government was “actively reviewing” a husband’s limited immunity from marital rape, he asserted that a married woman should have equal protection against sexual violence as an unmarried woman.
Collaborative Divorce: What Louis Brandeis Might Say About The Promise And Problems?, Susan Saab Fortney
Collaborative Divorce: What Louis Brandeis Might Say About The Promise And Problems?, Susan Saab Fortney
Faculty Scholarship
If you ask legal ethics scholars what they remember about Louis D. Brandeis's judicial confirmation hearings, most would point to the manner in which he responded to questions about his representation of persons with perceived conflicts of interest. Louis Brandeis responded to challenges by stating that he was "counsel for the situation. Some use this comment when examining problems associated with a single lawyer representing multiple clients in the same transaction. Others believe that Brandeis may have been referring to a type of intermediary role in which lawyers attempt to adjust the rights and interests of multiple clients with potentially …
Anchoring More Than Babies: Children's Rights After Obergefell V. Hodges, Susan Hazeldean
Anchoring More Than Babies: Children's Rights After Obergefell V. Hodges, Susan Hazeldean
Faculty Scholarship
No abstract provided.
Part Three Child And Family Services Act Table Of Concordance With Bill C-89, Lois Boateng
Part Three Child And Family Services Act Table Of Concordance With Bill C-89, Lois Boateng
Law Publications
Bill 89, Supporting Children, Youth and Families Act, 2017, (41st Parl, 2nd Sess) Ontario (2017)
Table of Concordance between Part III (Child Protection) of the Child and Family Services Act and Part V (Child Protection) of Bill C-89, An Act to enact the Child, Youth and Family Services Act, 2016, to amend and repeal the Child and Family Services Act and to make related amendments to other Acts.
Contents
Interpretation- Definitions. 3
Child in Need of Protection. 4
Best Interests of Child. 5
Where child an Indian or native person. 6
Place of Safety. 6
Temporary …
Video: Elder Law For Beginners, Arlene Lakin, Gail Fisher
Video: Elder Law For Beginners, Arlene Lakin, Gail Fisher
NSU Law Seminar Series
This particular seminar is designed to educate attorneys about how to be an elder law attorney. Practitioners will learn the various skill sets involved: estate and incapacity planning as well as protection of assets in order to qualify for, or remain qualified for, public benefits such as Medicaid and veteran’s pension with aid and attendance.
1. How to work with senior citizens and their families in a clinical as well as legal format
2. How to determine capacity of elderly clients to execute legal documents
3. How to analyze family relationships
4. How to design an estate and incapacity plan …
Newroom: From The Bronx To Haiti: Asb 3-16-2017, Roger Williams University School Of Law
Newroom: From The Bronx To Haiti: Asb 3-16-2017, Roger Williams University School Of Law
Life of the Law School (1993- )
No abstract provided.
Paternity Un(Certainty): How The Law Surrounding Paternity Challenges Negatively Impacts Family Relationships And Women's Sexuality, Susan Ayres
Faculty Scholarship
It is popularly believed that false paternity rates are 10-30%, and that thousands of unsuspecting men are supporting children who are not theirs. These reported rates of false paternity have become urban legend, demonizing women as over-sexualized partners who shouldn’t be trusted. This in turn has influenced laws regarding paternity, which have evolved to allow men to dis-establish paternity years after a child’s birth, even when there has been an adjudication or acknowledgment of paternity. This article argues that society should be cautious about elevating science as the highest consideration in truth claims about paternity. It examines the incoherent and …
Applying Motivational Interviewing To Parenting Act Mediation: The Promise Of The Process., Kristen M. Blankley, Lisa M. Pytlikzillig, Kathryn Speck
Applying Motivational Interviewing To Parenting Act Mediation: The Promise Of The Process., Kristen M. Blankley, Lisa M. Pytlikzillig, Kathryn Speck
Lisa PytlikZillig Publications
Motivational Interviewing (MI) is a research-based method of helping people engage in behavior change. MI tools and strategies have been used successfully to help people tackle drug and alcohol addiction, weight loss, and other unhealthy behaviors. MI methods aim to uncover and support a person's desire to change while simultaneously respecting an individual's autonomy. Historically, Ml has been employed in support settings, such as counselors working with clients. In Nebraska, probation officers now employ MI practices to help encourage positive changes while still maintaining accountability if people choose not to follow the terms of their probation.
Mediation is all about …
Finding Autonomy: The Impact Of Judicial Discretion For Disabled Individuals In The American Guardianship System, Katherine Davis
Finding Autonomy: The Impact Of Judicial Discretion For Disabled Individuals In The American Guardianship System, Katherine Davis
Political Science Honors Projects
This study examines the conflict between guardianship and the American disability rights movement, specifically the shift from a medical to a capability model of disability. Legal guardianship presents judges with a dilemma of favoring individual autonomy or societal protection. This dichotomy manifests in the construction of state statutes where legislators can influence judicial discretion and sway decisions. Through analysis of state statutes, case law, and interviews with judges in Connecticut and Minnesota, this study found that higher levels of discretion do not necessarily translate to increased protection of individual autonomy or the use of alternatives to guardianship. The research points …
Structure And Service Delivery Approach Of The Children’S Bureau’S Resource Centers And Implementation Centers, Tammy Richards, Michelle Graef, Kathy Deserly, Peter Watson, Mark Ells
Structure And Service Delivery Approach Of The Children’S Bureau’S Resource Centers And Implementation Centers, Tammy Richards, Michelle Graef, Kathy Deserly, Peter Watson, Mark Ells
Center on Children, Families, and the Law: Faculty Publications
The Children’s Bureau (CB) provides a system of training and technical assistance (T/TA) to build the capacity of state and tribal child welfare systems, with the goal of improving outcomes for children and families. During the time period of 2008-2014, this infrastructure included ten National Child Welfare Resource Centers (NRCs), five Child Welfare Implementation Centers (ICs), and a Training and Technical Assistance Coordination Center (TTACC). Individual ICs and NRCs differed in structure and content expertise, yet they served the same jurisdictions and at times provided services concurrently. To increase cohesion and consistency, the NRCs, ICs, TTACC, and CB worked together …
Editorial Notes: January 2017, Barbara A. Babb
Editorial Notes: January 2017, Barbara A. Babb
All Faculty Scholarship
I am extremely honored to write my first “Editorial Notes” for Family Court Review, and I am most grateful to the Association of Family and Conciliation Courts (AFCC) Board of Directors for appointing me to succeed Professor Andrew Schepard. I have been a devoted reader of and contributor to FCR (and its predecessor journals) for many decades, and I have been a committed AFCC member since the early 1990s. Although I doubt anyone can fill Professor Schepard’s shoes, I certainly plan to try my best to follow in his incredibly large footsteps. He is a dear friend and colleague with …
Family Law And Female Empowerment, Andrea B. Carroll
Family Law And Female Empowerment, Andrea B. Carroll
Journal Articles
No abstract provided.
The Law Of Nonmarriage, Albertina Antognini
The Law Of Nonmarriage, Albertina Antognini
Law Faculty Scholarly Articles
The meaning of marriage, and how it regulates intimate relationships, has been at the forefront of recent scholarly and public debates. Yet despite the attention paid to marriage—especially in the wake of Obergefell v. Hodges—a record number of people are not marrying. Legal scholarship has mostly neglected how the law regulates these nonmarital relationships. This Article begins to fill the gap. It does so by examining how courts distribute property at the end of a relationship that was nonmarital at some point. This inquiry provides a descriptive account to a poorly understood and largely under-theorized area of the law. …
Taking Charge 2017: Satisfaction Of Residents Of Lincoln, Nebraska, Lisa M. Pytlikzillig, Janell C. Walther, Jake Kawamoto
Taking Charge 2017: Satisfaction Of Residents Of Lincoln, Nebraska, Lisa M. Pytlikzillig, Janell C. Walther, Jake Kawamoto
Lisa PytlikZillig Publications
Between June and August of 2017, a satisfaction survey was completed by more than 1,200 randomly-selected Lincolnites (a random sample, yielding confidence intervals ranging from +/- 1-3% for the full sample, and +/- 2-8% at the district level, at the 95% confidence level1). Listed below are the main findings from that survey, including those obtained from examining the overall sample, and from comparisons among Lincoln’s four City Council Districts.
Overall Satisfaction Ratings
• On average, Lincoln residents reported greater satisfaction than dissatisfaction with most City services in 2017. The average levels of satisfaction were significantly above 3.0 (neutral) for 20 …
Family Law Legislative Update, Jason Zarin
Family Law Legislative Update, Jason Zarin
Law Faculty Publications
The Virginia General Assembly adjourned sine die on April 5, 2017. One bill affecting adoption was successfully vetoed, and several bills affecting adoption were enacted. Following is a preview of some possible legislation that may be introduced for the 2018 session.
The Elective Share Has No Friends: Creditors Trump Spouse In The Battle Over The Revocable Trust, Angela M. Vallario
The Elective Share Has No Friends: Creditors Trump Spouse In The Battle Over The Revocable Trust, Angela M. Vallario
All Faculty Scholarship
A revocable trust is a popular estate planning tool used to disinherit a spouse in sixteen jurisdictions. In common law jurisdictions, a surviving spouse, who is dissatisfied with his or her inheritance, has the right to receive an elective share of the decedent's estate regardless of the decedent's estate plan. However, sixteen jurisdictions have defined a dissatisfied spouse's rights with a fractional share of the deceased spouse's "net probate estate," allowing one spouse to disinherit the other, by single-handedly transferring his or her assets to a revocable trust. To add insult to injury seven of these common law jurisdictions have …
Quacking Like A Duck? Functional Parenthood Doctrine And Same-Sex Parents, Katharine Baker
Quacking Like A Duck? Functional Parenthood Doctrine And Same-Sex Parents, Katharine Baker
All Faculty Scholarship
Part I of this article introduces the tension between constitutionally protected parental autonomy rights and functional parent doctrine by examining the constitutional rights of parents. This examination demonstrates how the marital status of a parent has a substantial impact on the strength of that parent's constitutional rights. In cases in which there are two unmarried (never married or divorced) parents, neither parent has particularly robust constitutionally protected autonomy rights because both parents have competing constitutional rights that must be balanced against each other. Each parent has the right to invoke a court's jurisdiction in vindication of his or her own …
How Does A Radical Lesbian Feminist Who Just Knows How To Holler Somehow Become A Noted Legal Scholar, Nancy Polikoff
How Does A Radical Lesbian Feminist Who Just Knows How To Holler Somehow Become A Noted Legal Scholar, Nancy Polikoff
Articles in Law Reviews & Other Academic Journals
No abstract provided.
Mother. Orator. Woman Suffrage Leader: The Feminist Legacy Of Elizabeth Cady Stanton, Paula A. Monopoli
Mother. Orator. Woman Suffrage Leader: The Feminist Legacy Of Elizabeth Cady Stanton, Paula A. Monopoli
Faculty Scholarship
No abstract provided.