Law Commons^™

Locked In And Locked Out: Reflections In The History Of Divorce Law Reform In New York State, Isabel Marcus

Journal Articles

No abstract provided.

Looking Toward The Future: Feminism And Reproductive Technologies, Isabel Marcus, Rhonda Copelon, Ruth Hubbard, Barbara Katz Rothman, Barbara Omolade

Journal Articles

No abstract provided.

Parental Separation And The Child Custody Decision: Toward A Reconception, David G. Duff, Roxanne Mykitiuk

All Faculty Publications

Contemporary debates regarding the appropriate way to resolve custody and access disputes reflect deeply rooted conceptions of both the family and the proper relationship between the family and the state. The prevailing "best interests of the child" test and judicial presumptions favouring sole custody embody a traditional definition of the family and a communitarian image of familial relationships.Conversely, current joint custody legislation adopts a liberal-contractual paradigm, in which the family is viewed as a joint partnership and children are conceived as assets to be equally divided upon termination ofthe spousal relationship. The authors reject both notions of the family and …

Surrogate Parenthood: Finding A North Carolina Solution, Katharine T. Bartlett

Faculty Scholarship

No abstract provided.

The State's Interest In The Preservation Of Life: From Quinlan To Cruzan, Philip G. Peters Jr.

Faculty Publications

This article considers the kinds of limits on withholding that each of these policies might plausibly support, compares these limits to the judicial approaches taken in the refusal of treatment cases, and explores how apparent conflicts between these state goals and the interests of the patients might be resolved. Because this article focuses exclusively on the state's interests, however, it necessarily isolates and considers only one portion of a complex problem involving the interests of patients, families, providers, and others. No comprehensive examination of the nature and weight of the patient's interests or those of other involved parties is attempted. …

In Re Grant: Where Does Washington Stand On Artificial Nutrition And Hydration?, Stephen P. Vanderhoef

Seattle University Law Review

The Washington Supreme Court in In re Grantsought to determine whether life sustaining treatment could be legally withheld from a terminally ill, non-comatose, incompetent individual. In its December 1987 slip opinion, a majority of the court expanded on its previous decisions empowering third parties, including guardians, families, and physicians, to withhold and withdraw life sustaining treatment from incompetent individuals. This was accomplished by characterizing artificial nutrition and hydration as removable, life sustaining medical treatment. The court also gave third parties the power to remove artificial nutrition and hydration before the incompetent individual in question slips into a coma or …

Ohio's Child Support Guidelines: A Springboard Or A Crutch, Lois J. Cole

Cleveland State Law Review

The purpose of this Note is to clarify the ramifications of Ohio's Child Support Guidelines and the 1988 Amendments. An examination of Ohio's child support law will necessarily begin with the background of federal child support legislation beginning with the Social Security Act of 1935. Mandates from this legislation, and its succeeding amendments over fifty years, are followed resulting in an examination of Ohio's Child Support Guidelines. Next, this Note focuses on the importance of judicial discretion and its role in the successful implementation of the Guidelines as well as whether Ohio's Guidelines should be used as a rebuttable presumption …

Individual Entitlement To The Financial Benefits Of A Professional Degree: An Empirical Study Of The Attitudes And Expectations Of Married Professional Students And Their Spouses, Rebecca Redosh Eisner, Ruth Zimmerman

University of Michigan Journal of Law Reform

Part I of this Note describes the case law that delineated the factors examined in the study. Those factors are the financial support provided by the supporting spouse, the extent of personal sacrifice made by the supporting spouse, the length of the marriage and corresponding accumulated assets of the marriage at the time of the divorce, and the relative earning capacities of the two parties after the divorce. Part II discusses the design of the study, and specifically how we manipulated these factors in hypothetical vignettes to measure reactions to the factors. Part III presents the results and our conclusions …

Removing Nonconforming Child Support Payments From The Shadow Of The Rule Against Retroactive Modification: A Proposal For Judicial Discretion, John Eric Smithburn

Journal Articles

Whether and under what circumstances a parent who is ordered to pay child support is entitled to credit against a child support arrearage is one of the most vexing problems for the family court. Some courts consistently demand strict adherence to a child support order and do not permit retroactive modification. Other courts have allowed retroactive modification of support decrees when equity dictates. A recent amendment to the Social Security Act, however, prohibits retroactive modification of child support orders, leaving a number of unanswered questions concerning credit requests for nonconforming support payments.

This Article explores the problems created by nonconforming …

For Better Or Worse: The 1988 Amendments To The Pennsylvania Divorce Code, Carl Sottosanti

Villanova Law Review

No abstract provided.

The Pennsylvania Protection From Abuse Act: 1988 Amendments Provide Greater Protection To Victims Of Domestic Violence, Ellen S. Frank

Villanova Law Review

No abstract provided.

Aids And Divorce, Andrew Schepard

Hofstra Law Faculty Scholarship

AIDS is the greatest public health challenge of the late twentieth century. It is a frightening disease, inevitably fatal to its victims. We do not know who among us carries the virus that causes AIDS; symptoms may not become visible for years after infection. Yet, we do know that the numbers of people potentially afflicted are staggering. There is no cure, no miracle vaccine, in sight.

Inevitably, some people infected with the AIDS virus, will be married, parents, and involved in disintegrating relationships with their spouses. AIDS-related problems will be a focal point of their divorces. Indeed, such cases are …

Independent Representation Of Children In Protection Proceedings, Donald N. Duquette

Book Chapters

In civil child protection proceedings in the United States, children are independently represented by an advocate, usually a lawyer. A growing debate is underway as to what the role of that independent advocate ought to be and who ought to fulfil it. This paper summarizes current research in the U.S. on independent representation of the child, identifies some policy choices in defining the role of the child advocate, and suggests approaches to developing meaningful empirical measures of advocacy.

Charleston Policy: Substance Or Abuse, The , Kimani Paul-Emile

Faculty Scholarship

In 1989, the Medical University of South Carolina (MUSC) adopted a policy that, according to subjective criteria, singled out for drug testing, certain women who sought prenatal care and childbirth services would be tested for prohibited substances. Women who tested positive were arrested, incarcerated and prosecuted for crimes ranging from misdemeanor substance possession to felony substance distribution to a minor. In this Article, the Author argues that by intentionally targeting indigent Black women for prosecution, the MUSC Policy continued the United States legacy of their systematic oppression and resulted in the criminalizing of Black Motherhood.

Within The Best Interests Of The Child: The Factor Of Parental Status In Custody Disputes Arising From Surrogacy, Irma S. Russell

Faculty Law Review Articles

This article explores the significance of parental status in the determination of custody and the question of whether the legal relationship of parent and child is also subject to public policy limitations. Part II outlines the essential elements of surrogacy. Part III examines the relationship of the best interests test and its preference for custody with a parent. Part IV discusses the surrogacy contract and the contracting parties. Part V briefly discusses the various constitutional arguments necessary to determine whether parental status is properly viewed as an issue of public policy. Part VI presents public policy considerations that states will …

Book Review. Abortion And Divorce In Western Law By Mary Ann Glendon, Lauren K. Robel

Articles by Maurer Faculty

In this book, Professor Mary Ann Glendon contends that the American commitment to individualism and rights has deprived our law of compassion in the areas of abortion and divorce. She argues that while western European countries tell their citizens that their decisions about family are important to the larger society, American law takes extreme and damaging positions that isolate people at times when the community has an interest in their acts. Much of the book is a gentle and persuasive reminder that America lacks any semblance of a national family policy, an omission that looks heartless in comparison to Europe. …

Aids: Perspective On The American Family, Raymond C. O'Brien

Scholarly Articles

This paper will focus on the probable impact of AIDS upon family law and family issues in America. Although it is still too early to tell precisely what effect AIDS will have in these areas, it is essential for lawyers and other professionals to begin a dialogue now in order to face the many challenges which lie ahead as the disease continues to spread and impact family relationships.

Among the many subjects discussed below is the likely trend that fear of infection and death will restrict the societal demand and acceptance of new definitions of family. In order to provide …

Domestic Relations Handbook, Francis Catania

Francis J. Catania

No abstract provided.

Massachusetts Uniform Security Act, Scott Fitzgibbon

Scott T. FitzGibbon

Continually updated resource

Opinions Of Counsel In Corporate Transactions: Opinions On Compliance With The Company's Charter, By-Laws, And Contractual Obligations, Scott T. Fitzgibbon, Donald W. Glazer

Scott T. FitzGibbon

The opinion delivered by company counsel at the closing of a corporate transaction typically contains a clause that addresses compliance by the company with its charter, by-laws and contractual obligations. One form of opinion confirms that execution and delivery by the company of the agreement in question and performance by the company of its obligations under the agreement will not conflict with or result in a breach of or default under the company's charter, by-laws or specified contracts. Another form of opinion focuses more broadly on all of the company's activities. This alternative opinion, often requested and often, with good …

Legal Opinions In Corporate Transactions: Opinions Relating To Security Interests In Personal Property, Scott T. Fitzgibbon, Donald W. Glazer

Scott T. FitzGibbon

No abstract provided.