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Articles 1 - 30 of 91
Full-Text Articles in Law
Tax Issues In Divorce, Marjorie A. O'Connell
Tax Issues In Divorce, Marjorie A. O'Connell
William & Mary Annual Tax Conference
No abstract provided.
Spruce Run News (December 1996), Spruce Run Staff
Spruce Run News (December 1996), Spruce Run Staff
Maine Women's Publications - All
No abstract provided.
Family Fundamentals, Richard C. Reuben
Family Fundamentals, Richard C. Reuben
Faculty Publications
On the surface, ML.B. v. S.L.J., No. 95-853, hardly seems worthy of the nation's highest court, in part because our scheme of federalism generally leaves issues such as child custody to state law. But peeling back the layers of this case reveals the potential for a significant ruling on the constitutional treatment of family relationships, fundamental rights and access to courts for civil proceed with a appeals.
Avocats Et Divorce Aux Etats-Unis: La Transformation Des Pratiques Professionnelles, Lynn M. Mather, Craig A. Mcewen, Richard J. Maiman
Avocats Et Divorce Aux Etats-Unis: La Transformation Des Pratiques Professionnelles, Lynn M. Mather, Craig A. Mcewen, Richard J. Maiman
Journal Articles
Les transformations sociales et les évolutions juridiques qui sont intervenues aux États-Unis depuis les années 60 ont eu de multiples effets sur le travail des avocats en matière de divorce. Le présent article analyse ces transformations en s'appuyant sur des entretiens avec des avocats et sur l'analyse de l'activité des tribunaux dans les États du Maine et du New Hampshire. Il souligne notamment l'importance que revêt l'accroissement du nombre des divorces parmi les couples ayant des ressources moyennes ou faibles. Il décrit aussi la féminisation rapide du barreau, une tendance qui se trouve particulièrement accentuée en ce qui concerne les …
Whitner V. State: Expanding Child Abuse And Endangerment Laws To Protect Viable Fetuses From Prenatal Substance Abuse, Stephanie Hainer Ojeda
Whitner V. State: Expanding Child Abuse And Endangerment Laws To Protect Viable Fetuses From Prenatal Substance Abuse, Stephanie Hainer Ojeda
West Virginia Law Review
No abstract provided.
Domestic Relations, Barry B. Mcgough
Domestic Relations, Barry B. Mcgough
Mercer Law Review
The survey period' produced sixty-one appellate decisions. Of that group, fourteen are digested here. The cases included clearly focus on issues of children. Moreover, the Georgia General Assembly tightened-up the child support guidelines and added new teeth for enforcement of support orders. Finally, new legislation prohibiting same sex and common law marriages was enacted.
A Feminist Proposal To Bring Back Common Law Marriage, Cynthia Grant Bowman
A Feminist Proposal To Bring Back Common Law Marriage, Cynthia Grant Bowman
Cornell Law Faculty Publications
No abstract provided.
Preserving Family Unity: The Rights Of Children To Maintain The Companionship Of Their Parents And Remain In Their Country Of Birth, Giovanna I. Wolf
Preserving Family Unity: The Rights Of Children To Maintain The Companionship Of Their Parents And Remain In Their Country Of Birth, Giovanna I. Wolf
Indiana Journal of Global Legal Studies
No abstract provided.
A Focus On Children And The Law, Aviva A. Orenstein
A Focus On Children And The Law, Aviva A. Orenstein
Articles by Maurer Faculty
No abstract provided.
The Spousal Defense--A Ploy To Escape Payment Or Simple Application Of The Equal Credit Opportunity Act?, Andrea M. Farley
The Spousal Defense--A Ploy To Escape Payment Or Simple Application Of The Equal Credit Opportunity Act?, Andrea M. Farley
Vanderbilt Law Review
A defaulting spouse may find a powerful and effective defense to a creditor's entry of judgment in the Equal Credit Opportunity Act ("ECOA" or "the Act") and the accompanying federal regulation ("Regulation B"). The defense arises when a married applicant enters a financial institution seeking a loan, and even though the applicant is unquestionably creditworthy, the creditor requires that the applicant's spouse co-sign the loan as a guaranteeing spouse. The financial institution has just violated the ECOA by discriminating against the applicant on account of the applicant's marital status. If the original applicant later defaults on the loan, the creditor …
Balancing The Adoption Triangle: The State, The Adoptive Parents And The Birth Parents-Where Does The Adoptee Fit In?, Audra Behne
Balancing The Adoption Triangle: The State, The Adoptive Parents And The Birth Parents-Where Does The Adoptee Fit In?, Audra Behne
In the Public Interest
No abstract provided.
Divining The Deep And Inscrutable: Toward A Gener-Neutral, Child-Centered Approach To Child Name Change Proceedings, Lisa Kelly
West Virginia Law Review
No abstract provided.
Criminal Protection Orders In Domestic Violence Cases: Getting Rid Of Rats With Snakes, Christopher R. Frank
Criminal Protection Orders In Domestic Violence Cases: Getting Rid Of Rats With Snakes, Christopher R. Frank
University of Miami Law Review
No abstract provided.
Custody And Conduct: How The Law Fails Lesbian And Gay Parents And Their Children, Julie Shapiro
Custody And Conduct: How The Law Fails Lesbian And Gay Parents And Their Children, Julie Shapiro
Indiana Law Journal
No abstract provided.
China's Eugenics Law As Grounds For Granting Asylum, Graciela Gómez
China's Eugenics Law As Grounds For Granting Asylum, Graciela Gómez
Washington International Law Journal
China has instituted two controversial population control programs. First instituted in 1979, the One Child Policy seeks to control population growth by limiting the number of children born to married couples. The Maternal and Infant Health Care Law ("Eugenics Law"), effective June of 1995, has a stated purpose of improving the quality of the population by mandating sterilization for people with serious genetic defects. Implementation of the One Child Policy has led to forced abortion and involuntary sterilization. The Eugenics Law is likely to engender similar types of human rights abuses. Since 1989, the U.S. Board of Immigration Appeals has …
Religious Visitation Constraints On The Noncustodial Parent: The Need For National Application Of A Uniform Compelling Interest Test, Kevin S. Smith
Religious Visitation Constraints On The Noncustodial Parent: The Need For National Application Of A Uniform Compelling Interest Test, Kevin S. Smith
Indiana Law Journal
No abstract provided.
Spousal Incompetency And The Charter, Hamish Stewart
Spousal Incompetency And The Charter, Hamish Stewart
Osgoode Hall Law Journal
This article considers the effect of the Canadian Charter of Rights and Freedoms on the rule of spousal incompetency in criminal proceedings. The rule is arguably under-inclusive, in that it is not available to protect opposite-sex couples who are not legally married or same-sex couples; on the other hand, the rule is arguably offensive to the modem conception of marriage. The Charter arguments for each of these positions are considered, and it is submitted that the Charter requires the rule of spousal incompetency, whatever it is, to apply equally to legally married couples, to cohabitants, and to same-sex couples. A …
Brief Of Intervenor, Women’S Legal Education And Action Fund (Leaf), Goertz V. Gordon, Laura Spitz
Brief Of Intervenor, Women’S Legal Education And Action Fund (Leaf), Goertz V. Gordon, Laura Spitz
Faculty Scholarship
Historically, women have been almost exclusively responsible for the unpaid labour of child care with the assumption of primary child care responsibilities after separation. The courts must analyze each situation to determine whether a joint custody arrangement, in law, is in fact true equal parenting, in roles and responsibilities, or one more akin to sole custody when considering relocation restrictions.
When Irish Eyes Aren't Smiling-Legalizing Divorce In Ireland, Anna Margaret Mcdonough
When Irish Eyes Aren't Smiling-Legalizing Divorce In Ireland, Anna Margaret Mcdonough
Penn State International Law Review
No abstract provided.
Reading Casey: Structuring The Woman's Decisionmaking Process, Robert D. Goldstein
Reading Casey: Structuring The Woman's Decisionmaking Process, Robert D. Goldstein
William & Mary Bill of Rights Journal
In this Article, Professor Goldstein argues that the primary concerns of Planned Parenthood v. Casey's joint opinion were expressive, not regulatory, in nature: to allow the state more leeway to structure the woman's decisionmaking process and to engage in its own speech regarding her exercise of her procreative choice. To this end, he identifies three models by which the state can engage in such structuring: the autonomy informed consent model, the dialogical model, and the government speech model. He then analyzes Casey in light of each model to understand what limits Casey places on state abortion regulation. He also develops …
Child Support In North Carolina: What Is The State Of The Law And How Did We Get Here, Lisa Dukelow
Child Support In North Carolina: What Is The State Of The Law And How Did We Get Here, Lisa Dukelow
North Carolina Central Law Review
No abstract provided.
Breaking Up A Family Or Putting It Back Together Again: Refining The Preference In Favor Of The Parent In Third-Party Custody Cases, Carolyn Wilkes Kaas
Breaking Up A Family Or Putting It Back Together Again: Refining The Preference In Favor Of The Parent In Third-Party Custody Cases, Carolyn Wilkes Kaas
William & Mary Law Review
No abstract provided.
For Better Or Worse: The Federalization Of Domestic Violence, Michelle W. Easterling
For Better Or Worse: The Federalization Of Domestic Violence, Michelle W. Easterling
West Virginia Law Review
No abstract provided.
Has Time Rewritten Every Line?: Recovered-Memory Therapy And The Potential Expansion Of Psychotherapist Liability, Jeffrey A. Mullins
Has Time Rewritten Every Line?: Recovered-Memory Therapy And The Potential Expansion Of Psychotherapist Liability, Jeffrey A. Mullins
Washington and Lee Law Review
No abstract provided.
A Critical Analysis Of Constitutional Claims For Same-Sex Marriage, Lynn D. Wardle
A Critical Analysis Of Constitutional Claims For Same-Sex Marriage, Lynn D. Wardle
BYU Law Review
No abstract provided.
People V. Bennett: Analytic Approaches To Recognizing A Fundamental Parental Right Under The Ninth Amendment, Daniel E. Witte
People V. Bennett: Analytic Approaches To Recognizing A Fundamental Parental Right Under The Ninth Amendment, Daniel E. Witte
BYU Law Review
No abstract provided.
How Do Judges Decide Divorce Cases?: An Empirical Analysis Of Discretionary Decision Making, Marsha Garrison
How Do Judges Decide Divorce Cases?: An Empirical Analysis Of Discretionary Decision Making, Marsha Garrison
Faculty Scholarship
No abstract provided.
Flesh Of My Flesh But Not My Heir: Unintended Disinheritance, Laura M. Padilla
Flesh Of My Flesh But Not My Heir: Unintended Disinheritance, Laura M. Padilla
Faculty Scholarship
This article briefly explains how the laws of intestacy and adoption work together, providing background information on second parent adoptions. It then describes why these laws are inadequate for same sex partners who adopt each others' children. It is impractical to cover statutes throughout the United States, and because I seek legal reform in California, this article focuses on California statutes, with occasional reference to the Uniform Probate Code. However, the problems caused by California's statutes also arise in other states with similar statutes. Therefore, the issues raised in this article, as well as the solutions proposed, are relevant in …
God Bless The Child: Poor Children, Parens Patriae, And A State Obligation To Provide Assistance, Kay P. Kindred
God Bless The Child: Poor Children, Parens Patriae, And A State Obligation To Provide Assistance, Kay P. Kindred
Faculty Publications
No abstract provided.
Book Review Of State Legislative Summary, 1994: Children, Youth, And Family Issues, James S. Heller
Book Review Of State Legislative Summary, 1994: Children, Youth, And Family Issues, James S. Heller
Library Staff Publications
No abstract provided.