Law Commons^™

A Content Analysis Of Judicial Decision-Making - How Judges Use The Primary Caretaker Standard To Make A Custody Determination, Kathryn L. Mercer

William & Mary Journal of Race, Gender, and Social Justice

No abstract provided.

Spare The Rod, Embrace Our Humanity: Toward A New Legal Regime Prohibiting Corporal Punishment Of Children, Susan H. Bitensky

University of Michigan Journal of Law Reform

This article proceeds from the simple premise that hitting children hurts them-even when the hitting does not rise to the level of child abuse as traditionally conceived. There is convincing evidence that corporal punishment is a hidden cruelty in child rearing that has serious adverse consequences for its victims and society at large. Yet forty-nine states permit parental corporal punishment of children and approximately half of the states permit such punishment in elementary and secondary schools The main purpose of this Article is to question the advisability of continuing the legalized status of corporal punishment of children in the United …

Does The Dissolution Of Covenant Marriages Mirror Common Law England's Subordination Of Women?, Rebecca E. Silberbogen

William & Mary Journal of Race, Gender, and Social Justice

No abstract provided.

Domestic Relations, Barry B. Mcgough, Gregory R. Miller

Mercer Law Review

Of the appellate cases decided during the survey period, eighteen are digested here. While the legislature continued to focus on the collection of child support, the appellate courts tackled a wide range of issues.

Intercountry Adoption Under The Hague Convention: Still An Attractive Option For Homosexuals Seeking To Adopt?, Lisa Hillis

Indiana Journal of Global Legal Studies

No abstract provided.

Treating Prior Terminations Of Parental Rights As Grounds For Present Terminations, Kathleen Haggard

Washington Law Review

The federal Adoption and Safe Families Act of 1997 recognized that in certain egregious circumstances, states need not seek to reunify a family before terminating the rights of abusive and neglectful parents. Washington State responded by revising its termination of parental rights statute to treat parents' violent criminal convictions as sole grounds for terminating parental rights. This Comment argues that the Washington statute should be further amended to recognize that a termination of rights to a previous child may serve as grounds for terminating rights to a present child if the State finds the parent's continuing behavior puts the child …

First, Do No Harm: The Use Of Covert Video Surveillance To Detect Munchausen Syndrome By Proxy–An Unethical Means Of "Preventing" Child Abuse,, Michael T. Flannery

Faculty Scholarship

No abstract provided.

A Theory Of Relativity: Kinship Foster Care May Be The Key To Stopping The Pendulum Of Terminations Vs. Reunification, Megan M. O'Laughlin

Vanderbilt Law Review

The foster care system in the United States is universally regarded as a disaster: too many children languishing for too many years, bouncing from foster home to foster home, or worse yet, returning to the abusive or neglectful home only to face more danger. The failures of the federal foster care system have spurred members of Congress to advocate reform.

Answering the call for reform, Congress overwhelmingly passed and, on November 19, 1997, President Clinton signed into law the Adoption and Safe Families Act of 1997 ("ASFA"). One of the primary purposes of the ASFA is to correct many of …

Bargaining In The Shadow Of Love: The Enforcement Of Premarital Agreements And How We Think About Marriage, Brian Bix

William & Mary Law Review

No abstract provided.

Entering The Debate On Spousal Abuse Divorce Mediation: Safely Managing Divorce Mediation When Domestic Violence Is Discovered, Kara C. Utzig

Buffalo Women's Law Journal

No abstract provided.

Law, Life And Literature: Using Literature And Life To Expose Transracial Adoption Laws As Adoption On A One-Way Street, Angela Mae Kupenda, Adam L. Thrash, Jennifer A. Riley-Collins, Lashonda Y. Dukes, Stephany J. Lewis, Rodney R. Dixon

Buffalo Public Interest Law Journal

No abstract provided.

Children, Parents, And Nonparents: Protected Interests And Legal Standards, Eric G. Andersen

BYU Law Review

No abstract provided.

Victory For Kids: Standby Guardianship Advances, Cathryn Miller-Wilson

Cathryn A. Miller-Wilson

No abstract provided.

Reproducing A Fit Citizenry: Dependency, Eugenics, And The Law Of Marriage In The United States, Matthew Lindsay

All Faculty Scholarship

Between the Gilded Age and the Progressive Era, American state legislatures enacted a series of new laws that delineated a class of citizens who were deemed ineligible to participate in the institution of marriage. Scholars have characterized this development as evidence that lawmakers had lost faith in a laissez-faire approach to nuptial governance, and thus transformed marriage into an object of public regulation. This essay argues that behind the ostensible nuptial privatism of the mid-nineteenth century lay a self-conscious policy. of judicial governance. Judges invoked the language of nuptial privacy and the common law of contract strategically to advance their …

Domestic Relations, Robin Jean Davis, Louis J. Palmer Jr.

West Virginia Law Review

No abstract provided.

Editorial, Child Support: Benefit Would Last Beyond Payer’S Death Under Proposed Change In Custody Law, J. Palmer Lockard Ii, Mary Kate Kearney

J. Palmer Lockard II

No abstract provided.

Federalism And The Family Reconstructed, Jill Elaine Hasday

Jill Elaine Hasday

No abstract provided.

'M' Is For The Many Things That 'Mother' Means Family Life Has Changed, But Family Law Hasn't Kept Pace, Jane C. Murphy

All Faculty Scholarship

No abstract provided.

Sex And Sodomy And Apples And Oranges - Does The Constitution Require States To Grant A Right To Do The Impossible, Jay Alan Sekulow, John Tuskey

Brigham Young University Journal of Public Law

No abstract provided.

Adding Bite: A Response To State Ex Rel. Mcdougall V. Strohson (CantrelL, Real Party In Interest), Michael S. Wawro

Brigham Young University Journal of Public Law

No abstract provided.

The Paradox Of Hope: The Crime And Punishment Of Domestic Violence, Cheryl Hanna

William & Mary Law Review

No abstract provided.

Improving Custody Law In Virginia Without Creating A Rebuttable Presumption Of Joint Custody, Eliza B. Hutchison

William & Mary Journal of Race, Gender, and Social Justice

No abstract provided.

Where We Stand: An Analysis Of America's Family Law Adjudicatory Systems And The Mandate To Establish Unified Family Courts, Barbara A. Babb

All Faculty Scholarship

The volume and scope of family law cases in contemporary American society, as well as their unending nature both individually and systemically, exacerbate the difficulty of their resolution. To address this crisis, the American Bar Association and others have recommended court reform, specifically, the establishment of unified family courts in all jurisdictions. A unified family court is a single forum within which to adjudicate the full range of family law issues, based on the notion that court effectiveness and efficiency increase when the court resolves a family's legal problems in as few appearances as possible. The model is based on …

State-Compelled Fetal Surgery: The Viability Test Is Not Viable, Krista L. Newkirk

William & Mary Journal of Race, Gender, and Social Justice

No abstract provided.

Collaborative Pedagogic Efforts On Behalf Of Children In Custody Disputes, Glenn Stone

Indiana Law Journal

Symposium: Law and the New American Family Held at Indiana University School of Law Apr. 4, 1997

Clinical Education And The "Best Interest" Representation Of Children In Custody Disputes: Challenges And Opportunities In Lawyering And Pedagogy, Francis Gall Hill

Indiana Law Journal

Symposium: Law and the New American Family Held at Indiana University Law School - Bloomington Apr. 4, 1997

Lawyers As Nonlawyers In Child-Custody And Visitation Cases: Questions From The "Legal Ethics" Perspective, Bruce A. Green

Indiana Law Journal

Symposium: Law and the New American Family Held at Indiana University School of Law Apr. 4, 1997

Voices Lost And Found: Training Ethical Lawyers For Children, William A. Kell

Indiana Law Journal

Symposium: Law and the New American Family Held at Indiana University School of Law Apr. 4, 1997

The New Marriage Contract And The Limits Of Private Ordering, Gregory S. Alexander

Cornell Law Faculty Publications

No abstract provided.

Establishing The Biological Rights Doctrine To Protect Unwed Fathers In Contested Adoptions, Toni L. Craig

Florida State University Law Review

No abstract provided.