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Articles 1 - 30 of 86
Full-Text Articles in Law
Domestic Relations, Barry B. Mcgough, Andrea G. Alpern
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
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
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
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
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
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
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
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
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
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 …
Maternal Drug Use During Pregnancy As Child Neglect Or Abuse, Ellen L. Townsend
Maternal Drug Use During Pregnancy As Child Neglect Or Abuse, Ellen L. Townsend
West Virginia Law Review
No abstract provided.
A Child's Well Being V. A Defendant's Right To Confrontation, Todd H. Neuman
A Child's Well Being V. A Defendant's Right To Confrontation, Todd H. Neuman
West Virginia Law Review
No abstract provided.
Recognizing Child Abuse: A Guide For The Concerned, Denise Esposito
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
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
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
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 …
Should The Theory Of Alimony Include Nonfinancial Losses And Motivations?, Ira Mark Ellman
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
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
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
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
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
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.
The State, The Family, And The Constitution: A Case Study In Flawed Bipolar Analysis, Earl M. Maltz
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
BYU Law Review
No abstract provided.
Individualism And Autonomy In Family Law: The Waning Of Belonging, Bruce C. Hafen
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
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
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
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
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.
Review Of The American Family And The State (J. Peden & F. Glahe), Craig W. Dallon
Review Of The American Family And The State (J. Peden & F. Glahe), Craig W. Dallon
BYU Law Review
No abstract provided.