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Family Law

1991

Institution
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Articles 1 - 30 of 86

Full-Text Articles in Law

Domestic Relations, Barry B. Mcgough, Andrea G. Alpern Dec 1991

Domestic Relations, Barry B. Mcgough, Andrea G. Alpern

Mercer Law Review

In this survey period, the supreme court stretched its long-arm to overrule two earlier cases and to hold that compliance by a nonresident with a Georgia divorce decree does not insulate the nonresident from jurisdiction in Georgia. With a strong arm, the supreme court held that the child support guidelines are an optional "computational reference" and that trial courts lack the authority to award the federal income tax dependency exemption to noncustodial parents. Overruling a recent decision, the supreme court held that the interlocutory-application subsection, section 5- 6-34(b) of the Official Code of Georgia Annotated ("O.C.G.A."), must be followed in …


Beyond Parens Patriae: Assuring Timely, Informed, Compassionate Decisionmaking For Hiv-Positive Children In Foster Care, Deborah Weimer Nov 1991

Beyond Parens Patriae: Assuring Timely, Informed, Compassionate Decisionmaking For Hiv-Positive Children In Foster Care, Deborah Weimer

University of Miami Law Review

No abstract provided.


Civil Images Of Battered Women: The Impact Of Domestic Violence On Child Custody Decisions, Naomi R. Cahn Oct 1991

Civil Images Of Battered Women: The Impact Of Domestic Violence On Child Custody Decisions, Naomi R. Cahn

Vanderbilt Law Review

The purpose of child custody decisions is to develop an arrangement that is in the best interest of the child by awarding the child to one or both natural parents.' The critical factors in determining the child's best interest are those that have a direct impact on the child and the child's relationships. The question of which factors are most relevant to the child's best interest is unsettled,' and the answers that have been developed are "highly contingent social construction[s]." This Article examines one factor that is directly related to children's relation- ships and well-being, yet is rarely included in …


International Union V. Johnson Controls, Inc.: Sex-Specific Fetal Protection Policies Of Employers Are Prohibited By Title Vii As Amended By The Pregnancy Discrimination Act, Amy H. Moorman Sep 1991

International Union V. Johnson Controls, Inc.: Sex-Specific Fetal Protection Policies Of Employers Are Prohibited By Title Vii As Amended By The Pregnancy Discrimination Act, Amy H. Moorman

West Virginia Law Review

No abstract provided.


Belcher V. Goins: West Virginia Joins The District Minority Of Jurisdictions In Recognizing A Claim For Loss Of Parental Consortium, Daniel T. Yon Sep 1991

Belcher V. Goins: West Virginia Joins The District Minority Of Jurisdictions In Recognizing A Claim For Loss Of Parental Consortium, Daniel T. Yon

West Virginia Law Review

No abstract provided.


Discretion, Rules, And Law: Child Custody And The Umda's Best-Interest Standard, Carl E. Schneider Aug 1991

Discretion, Rules, And Law: Child Custody And The Umda's Best-Interest Standard, Carl E. Schneider

Michigan Law Review

One barrier facing any attempt to devise a uniform law for diverse jurisdictions is the occasional - perhaps even frequent - difficulty of writing rules that will accurately guide judges. The law's ordinary solution to that difficulty is to give judges some measure of discretion. This article inquires into the nature and legitimacy of that technique. It does so by analyzing a particularly controversial provision of the Uniform Marriage and Divorce Act (UMDA). Section 402 of that Act states: "The court shall determine custody in accordance with the best interest of the child." It then instructs the court to "consider …


The Violence Of Privacy, Elizabeth M. Schneider Jul 1991

The Violence Of Privacy, Elizabeth M. Schneider

Faculty Scholarship

No abstract provided.


A Tale Of Two Religions: A Contractual Approach To Religion As A Factor In Child Custody And Visitation Disputes, Rebecca Korzec Jul 1991

A Tale Of Two Religions: A Contractual Approach To Religion As A Factor In Child Custody And Visitation Disputes, Rebecca Korzec

All Faculty Scholarship

This article focuses on the role of religious conflict between parents in determining child custody and visitation disputes. It suggests a framework for reconciling parental control over religious observance and training with the state's duty to protect the child's best interests. First, it examines the history of English and American child custody law and analyzes modern custody cases in which religion is a factor. Next, it addresses the alarming recent attempt by courts to resolve religious disputes with a shared custody approach, awarding 'spiritual custody' to one parent and 'physical custody' to the other. Finally, this article proposes a contractual …


Gender Discrimination In The Common Law Of Domicile And The Application Of The Canadian Charter Of Rights And Freedoms, Annalise Acorn Jul 1991

Gender Discrimination In The Common Law Of Domicile And The Application Of The Canadian Charter Of Rights And Freedoms, Annalise Acorn

Osgoode Hall Law Journal

A married woman must take her husband's domicile at common law. This rule exists in five of Canada's provinces. It is argued that the rule violates the right to equality. It is further argued that, notwithstanding the Supreme Court's decision in Dolphin Delivery, the Charter must apply to common law rules governing the relationship between husband and wife. Such rules impose a status on the parties. Therefore, a commitment to respect for the autonomous choice of individuals does not support the conclusion that the rules should be beyond constitutional review.


Advocating For Children And Families In Cina Proceedings 1991, Susan P. Leviton, Larry M. Waranch Jun 1991

Advocating For Children And Families In Cina Proceedings 1991, Susan P. Leviton, Larry M. Waranch

Book Gallery

This manual is for the use of Maryland lawyers, judges, and masters who are involved with the Child in Need of Assistance cases. The first chapter ... is an overview of the federal Adoption Assistance and Child Welfare Act of 1980, P.L. 96-272. The second chapter contains a description of the various judicial hearings involved in Child in Need of Assistance proceedings. These hearings are the Shelter Care, Adjudicatory and Disposition Hearing. The third chapter contains a discussion of permanency planning for children and the various post dispositional procedures available such as foster care review boards and court dispositional review …


A Child's Well Being V. A Defendant's Right To Confrontation, Todd H. Neuman Jun 1991

A Child's Well Being V. A Defendant's Right To Confrontation, Todd H. Neuman

West Virginia Law Review

No abstract provided.


Maternal Drug Use During Pregnancy As Child Neglect Or Abuse, Ellen L. Townsend Jun 1991

Maternal Drug Use During Pregnancy As Child Neglect Or Abuse, Ellen L. Townsend

West Virginia Law Review

No abstract provided.


Recognizing Child Abuse: A Guide For The Concerned, Denise Esposito May 1991

Recognizing Child Abuse: A Guide For The Concerned, Denise Esposito

Michigan Law Review

A Review of Recognizing Child Abuse: A Guide for the Concerned by Douglas J. Besharov


Marital Exits And Marital Expectations In Nineteenth Century America, Hendrik A. Hartog Apr 1991

Marital Exits And Marital Expectations In Nineteenth Century America, Hendrik A. Hartog

Philip A. Hart Memorial Lecture

On April 10, 1991, Professor of Law, Hendrik A. Hartog of the University of Wisconsin Law School, delivered the Georgetown Law Center’s eleventh Annual Philip A. Hart Memorial Lecture: "Meanings of Marriage: The Structure of Marital Expectations in Nineteenth Century America."

Hendrik Hartog is the Class of 1921 Bicentennial Professor of the History of American Law and Liberty at Princeton University. He holds a PhD. in the History of American Civilization from Brandeis University (1982), a J.D. from the New York University School of Law (1973), and an A.B. from Carleton College (1970). Before coming to Princeton, he taught at …


Reproduction With Technology: The New Eugenics, Margaret Phillips Apr 1991

Reproduction With Technology: The New Eugenics, Margaret Phillips

In the Public Interest

No abstract provided.


Of Gametes And Guardians: The Impropriety Of Appointing Guardians Ad Litem For Fetuses And Embryos, Susan Goldberg Apr 1991

Of Gametes And Guardians: The Impropriety Of Appointing Guardians Ad Litem For Fetuses And Embryos, Susan Goldberg

Washington Law Review

Recent advances in medical technology have caused some commentators and courts to perceive fetuses and embryos as separate entities, with rights independent of the women who carry them. Conduct of pregnant women that has been perceived to conflict with the interests of the fetuses they carry has been called into question. In some cases, courts have been forced to determine the juridical status of fetuses and embryos; in others, courts have appointed guardians ad litem to represent the "best interests" of these entities. This Article maintains that appointing guardians ad litem for fetuses and embryos is inappropriate. Fetuses and embryos …


No-Fault Divorce And The Divorce Conundrum, Lynn D. Wardle Mar 1991

No-Fault Divorce And The Divorce Conundrum, Lynn D. Wardle

BYU Law Review

No abstract provided.


The State, The Family, And The Constitution: A Case Study In Flawed Bipolar Analysis, Earl M. Maltz Mar 1991

The State, The Family, And The Constitution: A Case Study In Flawed Bipolar Analysis, Earl M. Maltz

BYU Law Review

No abstract provided.


Examining Family Policies For A Pluralistic America (Review Of Levitan, Belous, & Gallo: What's Happening To The American Family? Tensions, Hopes, Realities), Daniel W. Lewis Mar 1991

Examining Family Policies For A Pluralistic America (Review Of Levitan, Belous, & Gallo: What's Happening To The American Family? Tensions, Hopes, Realities), Daniel W. Lewis

BYU Law Review

No abstract provided.


Should The Theory Of Alimony Include Nonfinancial Losses And Motivations?, Ira Mark Ellman Mar 1991

Should The Theory Of Alimony Include Nonfinancial Losses And Motivations?, Ira Mark Ellman

BYU Law Review

No abstract provided.


Puzzling Over Children's Rights, John E. Coons, Robert H. Mnookin, Stephen D. Sugarman Mar 1991

Puzzling Over Children's Rights, John E. Coons, Robert H. Mnookin, Stephen D. Sugarman

BYU Law Review

No abstract provided.


The Ongoing Uncertainty Of Surrogacy (Review Of Field, Surrogate Motherhood), Lori A. Demond Mar 1991

The Ongoing Uncertainty Of Surrogacy (Review Of Field, Surrogate Motherhood), Lori A. Demond

BYU Law Review

No abstract provided.


Youth Crime And The Choice Between Rules And Standards, Lee E. Teitelbaum Mar 1991

Youth Crime And The Choice Between Rules And Standards, Lee E. Teitelbaum

BYU Law Review

No abstract provided.


A Reminiscence About The Uniform Marriage And Divorce Act-And Some Reflections About Its Critics And Its Politics, Robert J. Levy Mar 1991

A Reminiscence About The Uniform Marriage And Divorce Act-And Some Reflections About Its Critics And Its Politics, Robert J. Levy

BYU Law Review

No abstract provided.


Review Of Norman Daniels: Am I My Parents' Keeper? An Essay On Justice Between The Young And The Old, Jay M. Allen Mar 1991

Review Of Norman Daniels: Am I My Parents' Keeper? An Essay On Justice Between The Young And The Old, Jay M. Allen

BYU Law Review

No abstract provided.


Individualism And Autonomy In Family Law: The Waning Of Belonging, Bruce C. Hafen Mar 1991

Individualism And Autonomy In Family Law: The Waning Of Belonging, Bruce C. Hafen

BYU Law Review

No abstract provided.


Divorce Stories: Readings, Comments And Questions On Law And Narrative, Carol Weisbrod Mar 1991

Divorce Stories: Readings, Comments And Questions On Law And Narrative, Carol Weisbrod

BYU Law Review

No abstract provided.


Rethinking Alimony: Marital Decisions And Moral Discourse, Carl E. Schneider Mar 1991

Rethinking Alimony: Marital Decisions And Moral Discourse, Carl E. Schneider

BYU Law Review

No abstract provided.


Review Of Divorce Reform At The Crossroads (S. Sugarman & H. Kay, Ed.), Leslie J. Harris Mar 1991

Review Of Divorce Reform At The Crossroads (S. Sugarman & H. Kay, Ed.), Leslie J. Harris

BYU Law Review

No abstract provided.


Adjusting To Unconventional Families In A Changing World (Review Of Skolnick & Skolnick: Family In Transition: Rethinking Marriage, Sexuality, Child Rearing And Family Organization), Kristen H. Sorensen Mar 1991

Adjusting To Unconventional Families In A Changing World (Review Of Skolnick & Skolnick: Family In Transition: Rethinking Marriage, Sexuality, Child Rearing And Family Organization), Kristen H. Sorensen

BYU Law Review

No abstract provided.