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- University of Maryland Francis King Carey School of Law (15)
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- Substance abuse (12)
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- Faculty Scholarship (11)
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Articles 31 - 60 of 109
Full-Text Articles in Law
Grandparent Visitation Right Statutes, Stephen Elmo Averett
Grandparent Visitation Right Statutes, Stephen Elmo Averett
Brigham Young University Journal of Public Law
No abstract provided.
Brinkman V. Brinkman: Where Res Judicata Has Gone Too Far, Rebekah B. Griffin
Brinkman V. Brinkman: Where Res Judicata Has Gone Too Far, Rebekah B. Griffin
Brigham Young University Journal of Public Law
No abstract provided.
Convicting Domestic Violence Abusers When The Victim Remains Silent, Tonya Mccormick
Convicting Domestic Violence Abusers When The Victim Remains Silent, Tonya Mccormick
Brigham Young University Journal of Public Law
No abstract provided.
Evidence For The Family Lawyer: Intrafamily Wiretapping, The Fifth Amendment And Other Selected Topics, Steve Leben
Evidence For The Family Lawyer: Intrafamily Wiretapping, The Fifth Amendment And Other Selected Topics, Steve Leben
Faculty Works
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 …
"Reparative" Therapy: Whether Parental Attempts To Change A Child's Sexual Orientation Can Legally Constitute Child Abuse , Karolyn Ann Hicks
"Reparative" Therapy: Whether Parental Attempts To Change A Child's Sexual Orientation Can Legally Constitute Child Abuse , Karolyn Ann Hicks
American University Law Review
No abstract provided.
Protection, Privatization And Profit In The Foster Care System, Susan Vivian Mangold
Protection, Privatization And Profit In The Foster Care System, Susan Vivian Mangold
Journal Articles
No abstract provided.
The Illinois Adoption Act: Should A Child's Length Of Time In Foster Care Measure Parental Unfitness?, Cheryl A. Demichele
The Illinois Adoption Act: Should A Child's Length Of Time In Foster Care Measure Parental Unfitness?, Cheryl A. Demichele
Loyola University Chicago Law Journal
No abstract provided.
The Freedom To Marry For Same-Sex Couples: The Opening Appellate Brief Of Plaintiffs Stan Baker Et Al. In Baker Et Al. V. State Of Vermont, Mary Bonauto, Susan M. Murray, Beth Robinson
The Freedom To Marry For Same-Sex Couples: The Opening Appellate Brief Of Plaintiffs Stan Baker Et Al. In Baker Et Al. V. State Of Vermont, Mary Bonauto, Susan M. Murray, Beth Robinson
Michigan Journal of Gender & Law
As the first state to prohibit slavery by constitution, and one of the few states which, from its inception, extended the vote to male citizens who did not own land, the State of Vermont has long been at the forefront of this nation's march toward full equality for all of its citizens. In July 1997, three same-sex couples challenged Vermont to act as a leader yet again, this time in affording full civil rights to the State's gay and lesbian citizens. Stan Baker and Peter Harrigan, Nina Beck and Stacy Jolles, and Holly Puterbaugh and Lois Farnham were denied marriage …
The Marriage Mirage: The Personal And Social Indentity Implications Of Same-Gendered Matrimony, Linda S. Eckols
The Marriage Mirage: The Personal And Social Indentity Implications Of Same-Gendered Matrimony, Linda S. Eckols
Michigan Journal of Gender & Law
This Article will examine why so much is at stake in the political, social, and legal debate over same-gender marriage. It will not address the constitutional questions of whether there is a fundamental right to marry, although persuasive arguments have been advanced from both sides of the debate." This Article will focus on a more introspective view of the potential effects of legalizing same-gender marriage on the identities of gay men and lesbians in committed relationships and on the interaction between same-gender couples and society. Marriage would provide the integration sought by gay men and lesbians, but at the expense …
Adoption, Identity, And The Constitution: The Case For Opening Closed Records, Naomi R. Cahn, Jana B. Singer
Adoption, Identity, And The Constitution: The Case For Opening Closed Records, Naomi R. Cahn, Jana B. Singer
Faculty Scholarship
No abstract provided.
Still Hostile After All These Years? Gender, Work & Family Revisited, Jana B. Singer
Still Hostile After All These Years? Gender, Work & Family Revisited, Jana B. Singer
Faculty Scholarship
No abstract provided.
Interdependencies, Families, And Children, Karen Czapanskiy
Interdependencies, Families, And Children, Karen Czapanskiy
Faculty Scholarship
No abstract provided.
From Property To Personhood: What The Legal System Should Do For Children In Family Violence Cases, Leigh S. Goodmark
From Property To Personhood: What The Legal System Should Do For Children In Family Violence Cases, Leigh S. Goodmark
Faculty Scholarship
No abstract provided.
Providing Safe Haven: The Challenge To Family Courts In Cases Of Child Abuse And Neglect By Substance-Abusing Parents, Susan E. Foster, Margaret Long Macchetto
Providing Safe Haven: The Challenge To Family Courts In Cases Of Child Abuse And Neglect By Substance-Abusing Parents, Susan E. Foster, Margaret Long Macchetto
Journal of Health Care Law and Policy
No abstract provided.
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
Journal of Health Care Law and Policy
No abstract provided.
Evaluating Histories Of Substance Abuse In Cases Involving The Termination Of Parental Rights, Richard C. Boldt
Evaluating Histories Of Substance Abuse In Cases Involving The Termination Of Parental Rights, Richard C. Boldt
Journal of Health Care Law and Policy
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.
Domestic Violence, Substance Abuse And Child Welfare: The Legal System's Response, Jane C. Murphy, Margaret J. Potthast
Domestic Violence, Substance Abuse And Child Welfare: The Legal System's Response, Jane C. Murphy, Margaret J. Potthast
All Faculty Scholarship
This Article begins by exploring and documenting the connections between domestic violence, substance abuse, and child abuse. Part II of the Article examines the legal system's response to child protection cases in which maternal abuse and, in some cases, substance abuse are present. This section begins by describing the shifting theories underlying child welfare in this country. It then contrasts these theories with child welfare practice by reporting the results of a study of eighty-five Child in Need of Assistance (CINA) cases in four jurisdictions in Maryland. Although the study examines a limited sample, the cases examined confirm the strong …
The Challenge Of Substance Abuse For Family Preservation Policy, Dorothy Roberts
The Challenge Of Substance Abuse For Family Preservation Policy, Dorothy Roberts
Journal of Health Care Law and Policy
No abstract provided.
Domestic Violence, Substance Abuse, And Child Welfare: The Legal System's Response, Jane C. Murphy, Margaret J. Potthast
Domestic Violence, Substance Abuse, And Child Welfare: The Legal System's Response, Jane C. Murphy, Margaret J. Potthast
Journal of Health Care Law and Policy
No abstract provided.
Drug Treatment Courts: Evolution, Evaluation, And Future Directions, Gloria Danziger, Jeffrey A. Kuhn
Drug Treatment Courts: Evolution, Evaluation, And Future Directions, Gloria Danziger, Jeffrey A. Kuhn
Journal of Health Care Law and Policy
No abstract provided.
Misconceiving Mothers: Legislators, Prosecutors, And The Politics Of Drug Exposure, By Laura E. Gomez, Joseph R. Henry
Misconceiving Mothers: Legislators, Prosecutors, And The Politics Of Drug Exposure, By Laura E. Gomez, Joseph R. Henry
Journal of Health Care Law and Policy
No abstract provided.
Substance Abuse, Families, And The Courts, Margarete Parrish
Substance Abuse, Families, And The Courts, Margarete Parrish
Journal of Health Care Law and Policy
No abstract provided.
The Politics Of Adoptions Across Borders: Whose Interests Are Served? ( A Look At The Emerging Market Of Infants From China), Michelle Van Leeuwen
The Politics Of Adoptions Across Borders: Whose Interests Are Served? ( A Look At The Emerging Market Of Infants From China), Michelle Van Leeuwen
Washington International Law Journal
China is currently the leading source of babies for intercountry adoption in the United States. This Comment explores the causes of this phenomenon, and the ability of the 1993 Hague Convention on Protection of Children and Cooperation in Respect of Intercountry Adoption to serve the interests of both the abandoned and orphaned children, and the adoptive parents under these specific circumstances.
Family Law And Gay And Lesbian Family Issues In The Twentieth Century, Nancy Polikoff, David Chambers
Family Law And Gay And Lesbian Family Issues In The Twentieth Century, Nancy Polikoff, David Chambers
Articles in Law Reviews & Other Academic Journals
Over the past thirty years, lesbians and gay men have increasingly challenged conventional definitions of marriage and the family. In this brief article, the authors tell the story of gay people and family law in the United States across this period. They divide their discussion into two sections: issues regarding the recognition of the same-sex couple relationship and issues regarding gay men and lesbians as parents. These issues overlap, of course, but since family law discussions commonly treat adult-adult issues of all sorts separately from parent-child issues, the authors believe it convenient and helpful to do so as well.
West Virginia's Adoption Statute: A History Of A Work In Progress, Lisa Kelly
West Virginia's Adoption Statute: A History Of A Work In Progress, Lisa Kelly
Articles
More than two years have passed since the Legislature reformed West Virginia's adoption statute. The goal of this article is to provide a kind of legislative history to deepen the reader's understanding of the current statute. This history will include an explanation of the West Virginia Law Institute's Proposal, as well as the Legislature's reaction to it. In Part II, I will detail this history. In Part III, I will explain the operation of the current statute, with mention of the few recent adoption decisions that have construed various provisions. In Part IV, I will look at some of the …
Family Law And Gay And Lesbian Family Issues In The Twentieth Century, David L. Chambers, Nancy D. Polikoff
Family Law And Gay And Lesbian Family Issues In The Twentieth Century, David L. Chambers, Nancy D. Polikoff
Articles
Over these thirty years, lesbians and gay men have increasingly challenged conventional definitions of marriage and the family. In this brief article, we tell the story of gay people and family law in the United States across this period. We divide our discussion into two sections: issues regarding the recognition of the same-sex couple relationship and issues regarding gay men and lesbians as parents. These issues overlap, of course, but since family law discussions commonly treat adult-adult issues of all sorts separately from parent-child issues, we believe it convenient and helpful to do so as well.