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Articles 1 - 10 of 10
Full-Text Articles in Law
In Brief, Spring/Summer 1999, New York Law School
In Brief, Spring/Summer 1999, New York Law School
New York Law School In Brief
No abstract provided.
Rules, Responsibility And Commitment To Children: The New Language Of Morality In Family Law, Jane C. Murphy
Rules, Responsibility And Commitment To Children: The New Language Of Morality In Family Law, Jane C. Murphy
All Faculty Scholarship
Part One of this Article explores the meaning of morality by briefly reviewing a variety of attempts to explore the meaning of moral conduct. This Section draws on a variety of contemporary moral philosophers who have built on the classical tradition to develop a broader definition of moral behavior. This discussion provides a context for the current debate about the meaning of morality in family law and moral discourse in the no-fault era. Part One also reviews the historical debate about how law should strike a balance between promoting communitarian values and respecting autonomy and individual rights. The Article argues …
Substance Abuse, Families, And Unified Family Courts: The Creation Of A Caring Justice System, Barbara A. Babb, Judith D. Moran
Substance Abuse, Families, And Unified Family Courts: The Creation Of A Caring Justice System, Barbara A. Babb, Judith D. Moran
All Faculty Scholarship
This article proposes an approach to family law decision-making tailored to assist families plagued by substance abuse. Substance abuse is linked to social, health, and economic problems facing Americans today and is a factor for a substantial number of family law litigants. By failing to address substance abuse issues, the family repeatedly may need to seek court intervention. The unified family court model is the concept of a single court that coordinates the work of independent agencies and tribunals, each with some limited role in resolving the problems incident to a family's legal matters. Professor Babb has created an interdisciplinary …
Interdependencies, Families, And Children, Karen Czapanskiy
Interdependencies, Families, And Children, Karen Czapanskiy
Faculty Scholarship
No abstract provided.
Note: English Child Custody Law, 1660-1839: The Origins Of Judicial Intervention In Parental Custody, Sarah Abramowicz
Note: English Child Custody Law, 1660-1839: The Origins Of Judicial Intervention In Parental Custody, Sarah Abramowicz
Law Faculty Research Publications
Many legal historians see pre-1839 English child custody law as consisting of near-absolute paternal rights. These historians believe that the weakening of fathers' rights began with the 1839 Custody of Infants Act, which created certain maternal custody rights. Other historians have noted that paternal custody was qualified even before 1839 by the Court of Chancerys application of the doctrine of parens patriae. This Note tells a different story and argues that the origin of incursions into the so-called "empire of the father" was the 1660 Tenures Abolition Act, a statute that ironically seemed designed to strengthen fathers' rights. The …
Feminist Theory And Feminist Method: Transforming The Experience Of The Classroom, Ann Shalleck
Feminist Theory And Feminist Method: Transforming The Experience Of The Classroom, Ann Shalleck
American University Journal of Gender, Social Policy & the Law
No abstract provided.
Count The Brown Faces: Where Is The “Family” In The Family Law Of Child Protective Services, Ana M. Novoa
Count The Brown Faces: Where Is The “Family” In The Family Law Of Child Protective Services, Ana M. Novoa
Faculty Articles
Can a system developed from intrusion into the lives of the poor be reconstituted to provide services that will nurture the quality of the lives of all children? If not, then the system should be scrapped and start over. Child Protective Services (CPS) has never recovered from its roots in distrust and discrimination against the poor and its mistaken defense of a false moral high-ground, which is perceived from the narrow focus of child-saving rather than on the legitimate and long term needs of children. The foster care system’s lack of concern for natural parents reflects centuries of a dual …
What Place For Family Privacy?, Martha Albertson Fineman
What Place For Family Privacy?, Martha Albertson Fineman
Faculty Articles
This nuclear unit is thought to be in "crisis" because of the tendency of many marriages to dissemble and dissolve. Some people claim that society is also in a state of crisis as a result of marital instability. Many are concerned by the assembling of "deviant" and competing intimate entities claiming entitlement to the benefits and privileges previously extended to marriage." The family has become the symbolic terrain for the cultural war in which our society is increasingly mired. If one believes the family is not inherently limited to any essential or natural form, but is as contrived as any …
Adoption In The Progressive Era: Preserving, Creating, And Re-Creating Families, Chris Guthrie, Joanna L. Grossman
Adoption In The Progressive Era: Preserving, Creating, And Re-Creating Families, Chris Guthrie, Joanna L. Grossman
Vanderbilt Law School Faculty Publications
The history of adoption law and practice has received scant attention from legal scholars and historians. Most of what little scholarship there is focuses on the history of adoption to the mid-nineteenth century, when the first adoption statutes emerged in the United States. Although the enactment of these statutes has been hailed as "an historic moment in the history of Anglo-American family and society" and "the most far-reaching innovation of nineteenth-century custody law," few scholars have made an effort to document the actual operation of adoption law following the enactment of these landmark statutes. This article does just that. Drawing …
Federalism And Family, Libby Adler
Federalism And Family, Libby Adler
Libby S. Adler
This article takes up the axiomatic place of family law under federalism. Family is often depicted as belonging squarely in the state law domain, reflecting its nature as a matter of moral deliberation, rather than of, say, commerce or constitutional rights. This article demonstrates, however, that family law is a matter of federal law in an endless number of substantive areas, from immigration and taxation to privacy in the marital bedroom and the relative rights of putative and presumed fathers. It asks how the innumerable exceptions to the rule about family law’s place under federalism come to be rationalized. The …