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Articles 91 - 120 of 213
Full-Text Articles in Law
Recent Developments In Family Law In The District Of Columbia June 2004-June 2005, Matthew I. Fraidin
Recent Developments In Family Law In The District Of Columbia June 2004-June 2005, Matthew I. Fraidin
University of the District of Columbia Law Review
No abstract provided.
Harmony And Diversity In Private International Law, Robert Spector
Harmony And Diversity In Private International Law, Robert Spector
Robert G. Spector
No abstract provided.
La Comisión Multisectorial “El Niño Por Nacer”, Ramiro De Valdivia Cano
La Comisión Multisectorial “El Niño Por Nacer”, Ramiro De Valdivia Cano
Ramiro De Valdivia Cano
No abstract provided.
Student Rights: From In Loco Parentis To Sine Parentibus And Back Again? Understanding The Family Educational Rights And Privacy Act In Higher Education, Britton White
Brigham Young University Education and Law Journal
No abstract provided.
The Genuine Article: A Subversive Economic Perspective On The Law's Procreationist Vision Of Marriage, Courtney Megan Cahill
The Genuine Article: A Subversive Economic Perspective On The Law's Procreationist Vision Of Marriage, Courtney Megan Cahill
Washington and Lee Law Review
No abstract provided.
Putting Your Eggs In Someone Else's Basket: Inserting Uniformity Into The Uniform Parentage Act's Treatment Of Assisted Reproduction, Kira Horstmeyer
Putting Your Eggs In Someone Else's Basket: Inserting Uniformity Into The Uniform Parentage Act's Treatment Of Assisted Reproduction, Kira Horstmeyer
Washington and Lee Law Review
No abstract provided.
¿Qué Puedo Hacer Si El Padre De Mi Hija O Hijo No Quiere Reconocerlo? Análisis De Constitucionalidad De La Ley Nº 28457 Desde La Perspectiva De Género, Beatriz Ramirez
¿Qué Puedo Hacer Si El Padre De Mi Hija O Hijo No Quiere Reconocerlo? Análisis De Constitucionalidad De La Ley Nº 28457 Desde La Perspectiva De Género, Beatriz Ramirez
Beatriz Ramirez
Rethinking Visitation: From A Parental To A Relational Right , Ayelet Blecher-Prigat
Rethinking Visitation: From A Parental To A Relational Right , Ayelet Blecher-Prigat
ExpressO
The article proposes a new understanding of the right to visitation that challenges the common understanding of the right to visitation as a parental right and as an integral component of the cluster of rights associated with parental status. Instead, it suggests that visitation be understood as an independent right based on relational values. Understanding visitation as a parental right marginalizes relational values and thwarts the development of a coherent theory of visitation. The absence of such a theory could account for the perplexity plaguing visitation issues. Detaching visitation from the cluster of rights associated with parental status and constructing …
Taking Responsibility Seriously: The Best Interests Of The Child And Spousal Laws, Shahar Lifshitz
Taking Responsibility Seriously: The Best Interests Of The Child And Spousal Laws, Shahar Lifshitz
ExpressO
This article calls for a rethinking of the modern boundaries between the regulation of spousal relations and the regulation of parenthood, including joint parenthood. My main argument is that important legal rules that are currently at the core of spousal law possess a dramatic influence on children’s lives. Thus, I will critique the current legal regulation that limits the influence of the best interests of the child principle to the regime of law that is currently classified as parent law but almost completely ignores its application in regimes currently classified as spousal law.
Apart from the theoretical discussion concerning the …
Love V. Virginia: The Constitutionality Of The Marshall/Newman Amendment, Pavitra Mohan Ram
Love V. Virginia: The Constitutionality Of The Marshall/Newman Amendment, Pavitra Mohan Ram
ExpressO
My comment explores the constitutionality of a recent amendment in Virginia, the Marshall/Newman Amendment, which bans gay marriage and civil unions between unmarried people, and precludes Virginia from recognizing such arrangements formed in other states. The analysis is particularly timely, because even though the Democrats have regained a majority in Congress, and a traditionally Republican Virginian constituency just elected a Democratic senator, a majority of Virginians adopted this Amendment, indicating conservative values still reign.
The comment argues that the Amendment is demonstrably inconsistent with the mandates of the Fourteenth Amendment of the Federal Constitution. The first provision seeks to ban …
Supporting Children, Balancing Lives, Katharine K. Baker
Supporting Children, Balancing Lives, Katharine K. Baker
All Faculty Scholarship
This paper examines how U.S. child support policy validates traditional divisions of labor and thereby hinders individual attempts to achieve an acceptable work/family balance. It argues that by using the household as the relevant unit of measurement for child support purposes, family law doctrine legitimates the specialization contracts that arise within households. These specialization contracts, used most extensively in wealthy, elite households, undermine attempts to distribute caretaking and provider roles more equally between parents. The article suggest that by dispensing with the household as the relevant unit of measurement and treating all parents individually, each with a responsibility to caretake …
Supporting Children, Balancing Lives, Katharine K. Baker
Supporting Children, Balancing Lives, Katharine K. Baker
Katharine K. Baker
This paper examines how U.S. child support policy validates traditional divisions of labor and thereby hinders individual attempts to achieve an acceptable work/family balance. It argues that by using the household as the relevant unit of measurement for child support purposes, family law doctrine legitimates the specialization contracts that arise within households. These specialization contracts, used most extensively in wealthy, elite households, undermine attempts to distribute caretaking and provider roles more equally between parents. The article suggest that by dispensing with the household as the relevant unit of measurement and treating all parents individually, each with a responsibility to caretake …
Civil Unions And Choice Of Law: A Second Restatement Analysis Of Miller-Jenkins V Miller-Jenkins, Christina N. Lambe
Civil Unions And Choice Of Law: A Second Restatement Analysis Of Miller-Jenkins V Miller-Jenkins, Christina N. Lambe
ExpressO
At the end of 2000 Lisa and Janet Miller-Jenkins left their home state of Virginia and traveled to Vermont to enter into a civil union. Their union ended a few years later. Although their separation resulted in a bitter legal battle in both the Virginia and Vermont court systems neither state addressed whether the initial union was valid. This paper analyzes the civil union using the Second Restatement’s choice of law principles. This paper concludes that although the courts have continued to haggle over whether full faith and credit must be given to conflicting visitation orders the choice of law …
Transracial Adoption Of Black Children: An Economic Analysis, Mary Eschelbach Hansen, Daniel Pollack
Transracial Adoption Of Black Children: An Economic Analysis, Mary Eschelbach Hansen, Daniel Pollack
ExpressO
The anti-discrimination law governing placement of children in foster care and adoption was intended to speed the adoption of Black children who could not be reunited with their families of origin. Only recently have two states been fined for violating this decade-old law. Based on our analysis of administrative data collected by the Children’s Bureau of the U.S. Department of Health and Human Services, we conclude that more vigorous enforcement of the anti-discrimination law in adoption could result in significant gains to Black children. We find that Black children spend more time as legal orphans than children of other races …
Guide For Foster Parents And Relative Caregivers: Understanding The Nebraska Juvenile Court, Jennifer Conner
Guide For Foster Parents And Relative Caregivers: Understanding The Nebraska Juvenile Court, Jennifer Conner
Center on Children, Families, and the Law (and related organizations): Publications
Table of Contents:
The Basics
Common Questions
Rights
Resources
The Court Process
Detention Hearing
Adjudication Hearing
Disposition Hearing
Review Hearing
Permanency Hearing
Termination of Parental Rights
Who’s Involved
Judge
Caseworker
Guardian Ad Litem (GAL)
County Attorney
Court Appointed Special Advocate (CASA)
Foster Care Review Board
Important Names, Addresses and Phone Numbers
Judge
Caseworker
Child’s CASA Volunteer
Child’s GAL
Court Hearings
Responsibilities
Definitions of Common Terms
Guide For Parents: Walking Your Way Through The Nebraska Juvenile Court Child Protection Process, Jennifer Conner
Guide For Parents: Walking Your Way Through The Nebraska Juvenile Court Child Protection Process, Jennifer Conner
Center on Children, Families, and the Law (and related organizations): Publications
Table of Contents:
The Basics
Common Questions
Rights
Special Concerns for Parents
Services Available to You if Needed
Responsibilities
The Court Process
Detention Hearing
Adjudication Hearing
Disposition Hearing
Review Hearing
Permanency Hearing
Termination of Parental Rights
Who’s Involved
The Judge
Your Attorney
Your Caseworker
Guardian Ad Litem (GAL)
County Attorney
Court Appointed Special Advocate (CASA)
Foster Care Review Board
Important Names, Addresses and Phone Numbers
Your Judge
Your Caseworker
Your Attorney
Your Child’s CASA Volunteer
Your Child’s GAL
Your Service Provider
Your Court Hearings
Definitions of Common Terms
Mental And Physical Conditions Encountered In Child Protection And Juvenile Justice, 2007 Edition, Gregg Wright, Victoria Weisz, Christine Wiklund
Mental And Physical Conditions Encountered In Child Protection And Juvenile Justice, 2007 Edition, Gregg Wright, Victoria Weisz, Christine Wiklund
Center on Children, Families, and the Law (and related organizations): Publications
Any grouping of mental and physical conditions risks overemphasizing or mischaracterizing distinctions between mind and body, between thought and emotion, between environment and heredity, even between causes and symptoms. For convenience, and to reflect common usage, we have chosen to group chapters in this book under five headings: Physical Problems, Cognitive Problems, Emotional and Behavioral Problems, Assessments, and Therapies.
Nebraska Revised Statutes: Selected Provisions Pertaining To Child Welfare And Juvenile Justice, 2007 Edition
Center on Children, Families, and the Law (and related organizations): Publications
Table of Contents:
I. Duty and Power of DHHS Regarding the Protection of Children
II. General Social Services Provisions
III. Family Policy Act
IV. Child Abuse Mandatory Reporting Provisions
V. Central Register of Child Protection Cases and Child Fatality Information
VI. Child Abuse and Neglect Investigation and Treatment Teams
VII. Access to Information and Records
VIII. Nebraska Juvenile Code
IX. Foster Care
X. Nebraska Indian Child Welfare Act
XI. The Interstate Compact on the Placement of Children
XII. The Interstate Compact on Juveniles
XIII. Court Appointed Special Advocate Act
XIV. Juvenile Services Provisions:
A. Office of Juvenile Services [Health and …
Pathways And Turning Points: Child Maltreatment, Adolescent Outcomes, And Delinquency, Ryan Spohn
Pathways And Turning Points: Child Maltreatment, Adolescent Outcomes, And Delinquency, Ryan Spohn
Center on Children, Families, and the Law: Faculty Publications
The National Survey of Child and Adolescent Well-Being is a valuable resource for examining the lives of at-risk youth in a longitudinal fashion. Essentially, I seek to increase our knowledge of “what works?” and “for whom?” I seek to determine if negative pathways of at-risk youth are altered by social factors and professional intervention. This pathway theory is founded on the assumption that individual differences in factors such as cognitive and emotional development lead to trajectories that often lead at-risk youth down paths of negative social and behavioral outcomes. However, I also assume that turning points will be evident in …
Promoting Cooperative Parenting: Programs And Prospects, Marsha Garrison
Promoting Cooperative Parenting: Programs And Prospects, Marsha Garrison
Faculty Scholarship
No abstract provided.
Child Support Harming Children: Subordinating The Best Interests Of Children To The Fiscal Interests Of The State, Daniel L. Hatcher
Child Support Harming Children: Subordinating The Best Interests Of Children To The Fiscal Interests Of The State, Daniel L. Hatcher
All Faculty Scholarship
This Article examines the government policy of seeking reimbursement of welfare costs through child support enforcement. Under our welfare program, Temporary Aid to Needy Families (TANF), custodial parents applying for benefits are required to establish child support obligations against the absent parents and to assign the resulting child support payments to the government. As a result, half of the $105 billion in national child support debt is owed to the government rather than to children. The government's fiscal interests are in direct conflict with the best interests of the children - the controlling legal standard in child support matters. The …
Subverting The Marriage-Amendment Crusade With Law And Policy Reform, Anita Bernstein
Subverting The Marriage-Amendment Crusade With Law And Policy Reform, Anita Bernstein
Faculty Scholarship
No abstract provided.
The Decline Of Formal Marriage: Inevitable Or Reversible?, Marsha Garrison
The Decline Of Formal Marriage: Inevitable Or Reversible?, Marsha Garrison
Faculty Scholarship
No abstract provided.
Palmore Comes Of Age: The Place Of Race In The Placement Of Children, David D. Meyer
Palmore Comes Of Age: The Place Of Race In The Placement Of Children, David D. Meyer
Faculty Scholarship
No abstract provided.
From Right To Wrong: A Critique Of The 2000 Uniform Parentage Act, Mary P. Byrn
From Right To Wrong: A Critique Of The 2000 Uniform Parentage Act, Mary P. Byrn
Faculty Scholarship
In 1973, the National Conference of Commissioners on Uniform State Laws (the Conference) proposed a Uniform Parentage Act (UPA) that radically changed how parentage was determined in the United States. Prior to 1973, the parentage laws of most states failed to identify two legal parents for thousands of children merely because their parents were not married. These "illegitimate" children were considered a "child of no one" under the law and were denied the significant emotional, financial, and legal benefits of having two legal parents. By the early 1970s, however, the conference recognized that such treatment of children was becoming scientifically, …
Multi-Tiered Marriage: Ideas And Influences From New York And Louisiana To The International Community, Joel A. Nichols
Multi-Tiered Marriage: Ideas And Influences From New York And Louisiana To The International Community, Joel A. Nichols
Vanderbilt Journal of Transnational Law
This Article contends that society in the United States needs to hold a genuine discussion about alternatives to current conceptions of marriage and family law jurisdiction. Specifically, the Article suggests that the civil government should consider ceding some of its jurisdictional authority over marriage and divorce law to religious communities that are competent and capable of adjudicating the marital rites and rights of their respective adherents. There is historical precedent and preliminary movement toward this end--both within and without the United States--which might serve as the framework for further discussions. Within the United States, the relatively new covenant marriage statutes …
The Intercountry Adoption Act Of 2000: The United States' Ratification Of The Hague Convention On The Protection Of Children, And Its Meager Effect On International Adoption, Kate O'Keeffe
Vanderbilt Journal of Transnational Law
This Note explores the effect of the United States' ratification of the Hague Convention on the Protection of Children and Cooperation in Respect of Intercountry Adoption (Hague Convention) via passage of the Intercountry Adoption Act of 2000 (IAA). Through intercountry adoption, countless children have been given homes and opportunities in the U.S. that would not have been available to them in their countries of origin. With the increased popularity of intercountry adoption, however, have come tragic consequences for many children in foreign countries, who are exploited by those involved in the adoption process. This Note contends that the IAA, as …
Adoption, Elizabeth Samuels
Adoption, Elizabeth Samuels
All Faculty Scholarship
In historical terms, the legal institution of adoption in the United Slates is relatively new. It was between the mid-1800s and the 1920s that the states began to pass laws providing for the adoption of children. Before then children had been adopted informally and in some instances by individual legislative acts, or they had come to live with other families under indenture contracts or as a result of legislation authorizing charitable organizations to place children. Under these new adoption statutes, initially the court records of adoptions were not subject to confidentiality, and adopted children were not issued new birth certificates. …
A Uniform Domestic Partnership Act: Marrying Business Partnership And Family Law, Jennifer Ann Drobac, Antony Page
A Uniform Domestic Partnership Act: Marrying Business Partnership And Family Law, Jennifer Ann Drobac, Antony Page
Faculty Publications
For decades, Americans have argued about who may marry and what marriage actually means in legal, religious, and philosophical terms. For almost as long, two problems - the rising divorce rate and the poverty of some "divorced" children and their custodians - have fed concerns about the viability of marriage as an institution that promotes domestic stability and economic security. This Article explores the notion that domestic partnership based upon business partnership law would better serve more couples, their families, and society as a whole. It proposes a Uniform Domestic Partnership Act, loosely modeled after the UPA, as a substitute …
No-Drop Civil Protection Orders: Exploring The Bounds Of Judicial Intervention In The Lives Of Domestic Violence Victims, Tamara L. Kuennen
No-Drop Civil Protection Orders: Exploring The Bounds Of Judicial Intervention In The Lives Of Domestic Violence Victims, Tamara L. Kuennen
Sturm College of Law: Faculty Scholarship
Whatever approach a judge takes to a victim's motion to vacate, there will be a risk. Women who are victims of domestic violence will be threatened or hurt or even killed, and the danger of this happening may increase or decrease based in part on the judge's decision. In the face of such risk, this article argues that on balance, the cost of sacrificing victim autonomy in these cases is too great, and that courts should defer to the victim's decision to vacate, except in the limited circumstance in which doing so is detrimental to an identifiable third party - …