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Family Law

1992

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Articles 1 - 30 of 65

Full-Text Articles in Law

Domestic Relations, Barry B. Mcgough, Andrea G. Alpern Dec 1992

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

Mercer Law Review

The Georgia Supreme Court has decided that a medical school education, a medical license, and contingent fee contracts are not marital property subject to equitable division. The court also declared that a judgment modifying alimony is effective no earlier than the date of the judgment and that an award of joint legal custody does not preclude an award of child support. This Article is divided into three sections. Section I covers cases dealing with child support and visitation; Section II covers cases dealing with settlement agreements, alimony, and equitable division; and Section III deals with contempt.


Summary Report On Hearing On Child Custody, Senate Select Committee On Women In The Workforce Nov 1992

Summary Report On Hearing On Child Custody, Senate Select Committee On Women In The Workforce

California Senate

No abstract provided.


Why Civil Protection Orders Are Effective Remedies For Domestic Violence But Mutual Protective Orders Are Not, Elizabeth Topliffe Oct 1992

Why Civil Protection Orders Are Effective Remedies For Domestic Violence But Mutual Protective Orders Are Not, Elizabeth Topliffe

Indiana Law Journal

No abstract provided.


State-Interest Analysis And The Channelling Function In Family Law, Carl E. Schneider Sep 1992

State-Interest Analysis And The Channelling Function In Family Law, Carl E. Schneider

Articles

I want to develop some themes I advanced in my article entitled State-Interest Analysis in Fourteenth Amendment "Privacy" Law: An Essay on the Constitutionalization of Social issues. In that article I noted that while courts and commentators have lavished effort on the fundamental-rights side of privacy law, they have scanted the state-interest side, thereby producing crucial weaknesses in that law. I felt that state~interest discussions in privacy cases often seemed to me unsatisfying. This is an attempt to see why. A major difficulty is that states tend to advance and courts tend to accept quite narrow specifications of a statute's …


Spruce Run News (August 1992), Spruce Run Staff Aug 1992

Spruce Run News (August 1992), Spruce Run Staff

Maine Women's Publications - All

No abstract provided.


Bioethics And The Family: The Cautionary View From Family Law, Carl E. Schneider Jul 1992

Bioethics And The Family: The Cautionary View From Family Law, Carl E. Schneider

Articles

For many years, the field of bioethics has been specially concerned with how the authority to make medical decisions should be allocated between doctor and patient. Today the patient's power-indeed, the patient's right-is widely acknowledged, at least in principle. But this development can hardly be the last word in our thinking about how medical decisions should be made. For one thing, sometimes patients cannot speak for themselves. For another, patients· make medical decisions in contexts that significantly include more participants than just the patient and doctor. Now, as this conference demonstrates, bioethics is beginning to ask what role the patient's …


Awareness Of And Rights Related To The Patient Self-Determination Act Of 1990 By Selected Post-Adolescent College Students, Toni M. Vargas Jul 1992

Awareness Of And Rights Related To The Patient Self-Determination Act Of 1990 By Selected Post-Adolescent College Students, Toni M. Vargas

Community & Environmental Health Theses & Dissertations

The purpose of this study was to determine if the Patient Self-Determination Act was effective in providing information to young adults and will young adults not only have an accurate understanding of their health care rights but sufficient opportunity to exercise those rights. From a sample of convenience, 83 college students were randomly selected to complete a questionnaire. The questionnaire contained 71 questions devised to reflect various aspects of the Patient Self-Determination Act. Five additional questions were asked to determine a generalized profile of the students. Data analysis of the responses identified 5 significant legal misunderstandings and 5 significant medical …


Domestic Violence Law Poses Challenges For The Courts, Jane C. Murphy, Judith Wolfer Jun 1992

Domestic Violence Law Poses Challenges For The Courts, Jane C. Murphy, Judith Wolfer

All Faculty Scholarship

No abstract provided.


Ablamis V. Roper: Preemption Of The Nonemployee Spouse's Community Property Rights In Erisa Pension Plans, Julie Anne Barbo Jun 1992

Ablamis V. Roper: Preemption Of The Nonemployee Spouse's Community Property Rights In Erisa Pension Plans, Julie Anne Barbo

Washington and Lee Law Review

No abstract provided.


Religion And Child Custody, Carl E. Schneider Jun 1992

Religion And Child Custody, Carl E. Schneider

University of Michigan Journal of Law Reform

In this Essay, I want to reflect on some problems at the intersection of religion, law, and the family. Specifically, I will explore the ways courts may consider a parent's religiously motivated behavior in making decisions about the custody of children. More precisely still, I will ask two questions. First, may a court refuse to award custody because of a parent's religiously motivated behavior in a dispute between a natural mother and a natural father? Second, when should a court agree to resolve a dispute between divorced parents over the religious upbringing of their children? These are topics of quiet …


"Who Owns The Child?": Meyer And Pierce And The Child As Property, Barbara Bennett Woodhouse May 1992

"Who Owns The Child?": Meyer And Pierce And The Child As Property, Barbara Bennett Woodhouse

William & Mary Law Review

No abstract provided.


The Meaningful Representation Of Children: An Analysis Of The State Bar Association Law Guardian Legislative Proposal, Merril Sobie May 1992

The Meaningful Representation Of Children: An Analysis Of The State Bar Association Law Guardian Legislative Proposal, Merril Sobie

Elisabeth Haub School of Law Faculty Publications

This article will outline the background and history of the law guardian system, summarize the Task Force proposal and analyze the proposal's effects. The intent is to present a synopsis of the issues addressed by the proposal, which has been forwarded to the Legislature for consideration during the 1992 session.


Limitations On Family Size: Potential Pressures On The Rights Of Privacy And Procreation, Rodney A. Smolla May 1992

Limitations On Family Size: Potential Pressures On The Rights Of Privacy And Procreation, Rodney A. Smolla

William & Mary Bill of Rights Journal

No abstract provided.


Divorce Reform And The Legacy Of Gender, Milton C. Regan Jr. May 1992

Divorce Reform And The Legacy Of Gender, Milton C. Regan Jr.

Michigan Law Review

A Review of The Illusion of Equality: The Rhetoric and Reality of Divorce Reform by Martha Albertson Fineman


The Parental Rights Of Unwed Fathers: A Developmental Perspective, Kara L. Boucher, Ruthann M. Macolini Apr 1992

The Parental Rights Of Unwed Fathers: A Developmental Perspective, Kara L. Boucher, Ruthann M. Macolini

North Carolina Central Law Review

No abstract provided.


Killing Us Softly: Divorce Mediation And The Politics Of Power, Penelope E. Bryan Apr 1992

Killing Us Softly: Divorce Mediation And The Politics Of Power, Penelope E. Bryan

Buffalo Law Review

No abstract provided.


The Channelling Function In Family Law, Carl E. Schneider Apr 1992

The Channelling Function In Family Law, Carl E. Schneider

Articles

On an occasion such as this, we are called to step back from our daily work to seek what Justice Holmes called a "liberal view" of our subject. Today, I propose to do so by exploring a function of family law that I believe is basic, that underlies much of family law, that resonates with the deepest purposes of culture but that is rarely addressed expressly-namely, what I call the "channelling function." As I will soon explain at length, in the channelling function the law recruits, builds, shapes, sustains; and promotes social institutions. My exploration of this topic will have …


Child Support Enforcement For Low-Income Children: Part Of The Problem Or Part Of The Solution?, Paula Roberts Mar 1992

Child Support Enforcement For Low-Income Children: Part Of The Problem Or Part Of The Solution?, Paula Roberts

University of the District of Columbia Law Review

No abstract provided.


Mandatory Planning For Divorce, Jeffrey E. Stake Mar 1992

Mandatory Planning For Divorce, Jeffrey E. Stake

Vanderbilt Law Review

My daughter Laura will reach the median age of first marriage in about seventeen years.' Alison, her little sister, follows three years be hind. There is a good chance they both will marry. What are the odds that those marriages will work out well? Less than I would like. The strong statistical possibility of divorce is hard to ignore and the prospects upon divorce are not rosy. The economic repercussions of divorce for Laura and Alison could be grim, likely worse than those for their brother Christopher if he were to divorce.' What hope have I that this gloomy situation …


Centrist Judging And Traditional Family Values: Or Why Papa Can't Be A Rolling Stone, Steven H. Hobbs, Mary F. Mulligan Mar 1992

Centrist Judging And Traditional Family Values: Or Why Papa Can't Be A Rolling Stone, Steven H. Hobbs, Mary F. Mulligan

Washington and Lee Law Review

No abstract provided.


Minor Changes: Emancipating Children In Modem Times, Carol Sanger, Eleanor Willemsen Jan 1992

Minor Changes: Emancipating Children In Modem Times, Carol Sanger, Eleanor Willemsen

University of Michigan Journal of Law Reform

This Article reports on the use of still another mechanism for removing children in conflict with their parents: statutory emancipation, the process by which minors attain legal adulthood before reaching the age of majority. Statutorily emancipated minors can sign binding contracts, own property, keep their earnings, and disobey their parents. Although under eighteen, they are "considered as being over the age of majority" in most of their dealings with parents and third parties. Thus, while emancipated minors can sign contracts and stay out late, their adult status also means that their parents are no longer responsible for the minors' support. …


A Family Court For Maryland: The Time Has Come, Barbara A. Babb Jan 1992

A Family Court For Maryland: The Time Has Come, Barbara A. Babb

All Faculty Scholarship

No abstract provided.


The Tragedy Of The Interstate Child: A Critical Reexamination Of The Uniform Child Custody Jurisdiction Act And The Parental Kidnaping Prevention Act, Anne B. Goldstein Jan 1992

The Tragedy Of The Interstate Child: A Critical Reexamination Of The Uniform Child Custody Jurisdiction Act And The Parental Kidnaping Prevention Act, Anne B. Goldstein

Faculty Scholarship

This Article's thesis is that the Uniform Child Custody Jurisdiction Act (UCCJA) and the Parental Kidnaping Prevention Act (PKPA) have not eliminated jurisdictional competition because a federal system such as ours cannot achieve both of the Acts' two main instrumental goals - preventing or punishing "child snatching" and promoting well-informed decisions. Our system commits custody decisions to sovereign states, which make and modify the decisions according to indeterminate precepts. Such a system will inevitably create some version of the interstate child; so long as these features of our system persist, legislation cannot solve the problem. Therefore, although this Article proposes …


The Privatization Of Family Law, Jana B. Singer Jan 1992

The Privatization Of Family Law, Jana B. Singer

Faculty Scholarship

No abstract provided.


Goodwill And The Ideal Of Equality: Marital Property At The Crossroads, 31 U. Louisville J. Fam. L. 1 (1992), Michael G. Heyman Jan 1992

Goodwill And The Ideal Of Equality: Marital Property At The Crossroads, 31 U. Louisville J. Fam. L. 1 (1992), Michael G. Heyman

UIC Law Open Access Faculty Scholarship

No abstract provided.


Expanding Our Vision Of Legal Services Representation– The Hermanas Unidas Project, Stacy Brustin Jan 1992

Expanding Our Vision Of Legal Services Representation– The Hermanas Unidas Project, Stacy Brustin

American University Journal of Gender, Social Policy & the Law

No abstract provided.


Roe V. Wade And The Dred Scott Decision: Justice Scalia's Peculiar Analogy In Planned Parenthood V. Casey, Jamin B. Raskin Jan 1992

Roe V. Wade And The Dred Scott Decision: Justice Scalia's Peculiar Analogy In Planned Parenthood V. Casey, Jamin B. Raskin

American University Journal of Gender, Social Policy & the Law

No abstract provided.


Introduction: The Bounds Of Advocacy, Robert H. Aronson Jan 1992

Introduction: The Bounds Of Advocacy, Robert H. Aronson

Articles

I was asked, as Reporter for the American Academy of Matrimonial Lawyers' Bounds of Advocacy, to provide an Introduction to the substantive issues discussed by members of the Committee in succeeding articles. This article will therefore "set the stage" by indicating the need for the Bounds of Advocacy, the charge to the Committee, the process by which the Standards and Comments were drafted, re-drafted, and then re-drafted again, and the appropriate scope, purpose and use of the Standards and Comments.


Guardianship Laws: Reform Efforts In Virginia, Harriette Haile Shivers Jan 1992

Guardianship Laws: Reform Efforts In Virginia, Harriette Haile Shivers

University of Richmond Law Review

During the decade following 1978, six statewide initiatives addressed the need for reform in the Virginia guardianship system. In 1988, the General Assembly established a joint subcommittee to evaluate the status of guardianship in the Commonwealth and to make recommendations to enhance the existing program to ensure the protection of citizens who entrust their lives and property to the guardianship system. Additionally, prompted by the urgent need for a public response to the shortage of available guardians, the General Assembly directed the Department of Social Services to examine the possibility of reserving public guardianship for use only as a last …


Grandparent Visitation And Intact Marriages: An Unresolved Maryland Family Law Issue, Christopher W. Nicholson, Murray O. Singerman Jan 1992

Grandparent Visitation And Intact Marriages: An Unresolved Maryland Family Law Issue, Christopher W. Nicholson, Murray O. Singerman

University of Baltimore Law Review

No abstract provided.