Law Commons^™

Covid-19’S Complications For Family Law Counsel: Domestic Violence And Threats To The Well-Being Of Children, J. Thomas Sullivan

The Arkansas Journal of Social Change and Public Service

No abstract provided.

Law School News: Two Rwu Law Alumni Included Among Historic Judicial Nominations 12-08-2020, Michael M. Bowden

Life of the Law School (1993- )

No abstract provided.

The Pro Bono Collaborative Project Spotlight: Can You Help? December 2020, Roger Williams University School Of Law

Pro Bono Collaborative Staff Publications

No abstract provided.

Feminist Perspectives On Disaster, Pandemics, And Intimate Partner Violence, Margaret Drew

Faculty Publications

The COVID-19 pandemic brought international awareness to the likelihood of increased abuse of those in abusive intimate partner relationships because of the forced confinement with their abusers (Bettinger-Lopez and Bro, A double pandemic: domestic violence in the age of COVID 19, Council on Foreign Relations. https://www.cfr.org/in-brief/double-pandemic-domestic-violence-age-covid-19, 2020). While this awareness was much discussed, assistance to survivors of abuse was limited because survivors often could not reach out for help, nor could advocates wishing to offer assistance safely reach in to advise them (Taub, A new Covid-19 crisis: domestic abuse rises worldwide. https://www.nytimes.com/2020/04/06/world/coronavirus-domestic-violence.html, 2020). The ever-present influence of the …

Emergency Removals Without A Court Order: Using The Language Of Emergency To Duck Due Process, Jane Brennan

Journal of Law and Policy

For a brief moment during the recent September democratic presidential debate, the ugly underbelly of the child welfare system unexpectedly took center stage. When asked about what responsibility Americans need to take to repair the legacy of slavery, the former vice president responded by propagating a myth that Black parents do not know how to parent. Former Vice President Joe Biden said “[w]e bring social workers into homes and parents to help them deal with how to raise their children. It’s not that they don’t want to help. They don’t—they don’t know quite what to do.” What exactly is it …

Family Law By The Numbers: The Story That Casebooks Tell, Laura T. Kessler

Utah Law Faculty Scholarship

This Article presents the findings of a content analysis of 86 family law casebooks published in the United States from 1960 to 2019. Its purpose is to critically assess the discipline of family law with the aim of informing our understandings of family law’s history and exposing its ideological foundations and consequences. Although legal thinkers have written several intellectual histories of family law, this is the first quantitative look at the field.

The study finds that coverage of marriage and divorce in family law casebooks has decreased by almost half relative to other topics since the 1960s. In contrast, pages …

Covid-19 Reflections On Resilience And Reform In The Child Welfare System, Robert Latham, Kele M. Stewart

Articles

No abstract provided.

Domestic Relations, Andrew B. Mcclintock, Allison C. Kessler, Barry B. Mcgough, Elinor H. Hitt

Mercer Law Review

This Article reviews opinions impacting the practice of criminal law delivered by the Supreme Court of the United States and the Georgia Supreme Court covering the period of June 1, 2019, up until May 21, 2020. This Article is designed to be a mere overview to both prosecutors and defense attorneys of decisions and new statutes, and it serves as a broad guideline to how these decisions will affect their practices.in the State of Georgia in the first quarter of 2020 and continuing through the end of the survey period.

The Right To Unmarry: A Proposal, Brian L. Frye, Maybell Romero

Cleveland State Law Review

When I say I’m in love, you better believe I’m in love, L-U-V.

[April 2, 2020] BLF: This is a marriage proposal in the form of a law review article. In this Article, I observe that Maybell Romero and I are in love. I want to marry her, and I believe she wants to marry me. At least I’ll find out pretty soon. But we cannot marry each other right now, because we are both currently married to other people. Maybell and I want to end our existing marriages, and our respective spouses have even agreed to divorce. But the …

Re-Victimization Of Domestic Violence Victims, Angela De La Garza

Brigham Young University Journal of Public Law

No abstract provided.

Violence Against Woman With Motor And Sensory Disability In The Jordanian Society (Quantitative Field Study), Hadeel Abu Hayyana

Journal of the Arab American University مجلة الجامعة العربية الامريكية للبحوث

This study aims at investigating the reality of violence against women with disabilities in its different types and forms (family violence, societal violence, self-violence), as well as the psychological and social effects of that violence, in addition to the responses of women with disabilities to the violence practiced against them.

In order to achieve the study goals, the researcher adopted the quantitative research method, which was applied to a sample of women consisting of (102) women with motor and sensory disability, who benefit from the services of societies and centers specialized in their disabilities, in the city of Amman by …

Dispute Settlement Under The African Continental Free Trade Area Agreement: A Preliminary Assessment, Olabisi D. Akinkugbe

Articles, Book Chapters, & Popular Press

The African Continental Free Trade Area Agreement (AfCFTA) will add a new dispute settlement system to the plethora of judicial mechanisms designed to resolve trade disputes in Africa. Against the discontent of Member States and limited impact the existing highly legalized trade dispute settlement mechanisms have had on regional economic integration in Africa, this paper undertakes a preliminary assessment of the AfCFTA Dispute Settlement Mechanism (DSM). In particular, the paper situates the AfCFTA-DSM in the overall discontent and unsupportive practices of African States with highly legalized dispute settlement systems and similar WTO-Styled DSMs among other shortcomings. Notwithstanding the transplantation of …

Surrogacy And Human Flourishing, Seow Hon Tan

Research Collection Yong Pung How School Of Law

Opposition to legalizing surrogacy often involves the argument that it commodifies or objectifies women and children. When surrogacy involves consenting parties claiming to benefit from the transaction, commodification- or objectification-based arguments seem unpersuasive. This article argues that new natural law theory offers an alternative case against legalizing surrogacy based on the violation of basic goods of human flourishing, a notion which unpacks afresh what is really at stake in the commodification/objectification arguments. Exploring the new natural law approach through John Finnis’s theory, this article suggests that the new natural law case against surrogacy hinges on the link between childbirth and …

Medical Disputes And Conflicting Values: Is There A “Right To Die” Later?, Janet L. Dolgin

BYU Law Review

No abstract provided.

Enough Is As Good As A Feast, Noah C. Chauvin

Seattle University Law Review

Ipse Dixit, the podcast on legal scholarship, provides a valuable service to the legal community and particularly to the legal academy. The podcast’s hosts skillfully interview guests about their legal and law-related scholarship, helping those guests communicate their ideas clearly and concisely. In this review essay, I argue that Ipse Dixit has made a major contribution to legal scholarship by demonstrating in its interview episodes that law review articles are neither the only nor the best way of communicating scholarly ideas. This contribution should be considered “scholarship,” because one of the primary goals of scholarship is to communicate new ideas.

Meaning, Biology And Identity: The Rights Of Children, Anika Smith

Catholic University Law Review

Sperm and egg donation in the United States is only loosely regulated, and the current regime privileges the anonymity of the adult donor over the child’s right to identity. The majority of people conceived through anonymous donation do not support the practice but find their rights abrogated by contracts made by their intentional and biological parents. Donor reliance on the anonymity guaranteed by those contracts is shifting as at-home genetic testing limits their expectation of privacy, with more biological ties being discovered by children conceived through gamete donation. This Comment explores the child’s right to identity in family law cases, …

What Is Nonmarriage?, Katharine Baker

All Faculty Scholarship

As rates of cohabitation rise, and marriage becomes a status reserved almost exclusively for socio-economic elites, the scholarly calls for family law to recognize more nonmarital families grow stronger by the day. This Article unpacks contemporary proposals to recognize more nonmarital families and juxtaposes those proposals with family law’s contemporary marital regime. Family law’s status-based system provides a mostly simple and efficient means of distributing resources at the end of a marriage by imposing a formulaic, but distinctly communitarian, non-market-based approach to obligation, entitlement, and value. In full, the Article defends family law’s status-based system for what it does well, …

Responding Effectively To Trauma Manifestations In Child Welfare Cases, Rebecca Stahl

All Faculty Scholarship

This article defines trauma and how it manifests in the dependency court system. Trauma is prevalent in child welfare cases and all of the professionals on these cases can respond to the trauma they see and experience more effectively through a better understanding of how to regulate the nervous system and the body. Trauma often manifests as difficult behaviors in the dependency court world, but there is a lack of information for effective strategies to deal with it. This article discusses how families and professionals experience trauma in dependency court and provides tools rooted in a physiological understanding of trauma. …

Serving-Up The Ace: Understanding Adverse Childhood Experiences (“Ace”) In Dependency Adoption Through The Lens Of Social Science, Cynthia G. Hawkins, Taylor Scribner

University of Michigan Journal of Law Reform Caveat

Almost certainly, every child who enters the foster care system has endured some sort of trauma. It is unrefuted that childhood trauma correlates with mental, physical, and behavioral problems well into adulthood. In 1998, one of the first major studies of the relationship between certain forms of childhood trauma and adult behavior and disease was reported. Collectively, these traumas are called “Adverse Childhood Experiences” (ACE).

Today ACE refers to ten common forms of trauma that individuals may have experienced as children. To put this issue in perspective, it is currently estimated that 34.8 million children in the United States are …

Toward A Theory Of Intercountry Human Rights: Global Capitalism And The Rise And Fall Of Intercountry Adoption, Barbara Stark

Indiana Law Journal

This Article proposes another mechanism for enforcement, an alternative to self-serving domestic policing and weak international bureaucracy. “Intercountry,” as opposed to “international,” human rights would apply to specific rights in specific contexts and be enforceable through the legal mechanisms and other resources of the state parties that accepted them. Intercountry adoption is a useful context in which to consider this proposal for several reasons.

First, as a practical matter, there have probably never been more babies and children in orphanages, on the street, on the market, or on their own. Yet intercountry adoptions have declined to levels not seen for …

Family Law—Breach Baby: An Argument For Equal Enforcement Of Traditional And Gestational Surrogacy Contracts, James M. Gift

University of Arkansas at Little Rock Law Review

No abstract provided.

Family Law Disputes Between International Couples In U.S. Courts, Rhonda Wasserman

Articles

Increasing mobility, migration, and growing numbers of international couples give rise to a host of family law issues. For instance, when marital partners are citizens of different countries, or live outside the country of which they are citizens, or move between countries, courts must first determine if they have jurisdiction to hear divorce or child custody actions. Given that countries around the world are governed by different legal regimes, such as the common law system, civil codes, religious law, and customary law, choice of law questions also complicate family litigation. This short article addresses the jurisdictional and other conflicts issues …

Life Is A Highway: Addressing Legal Obstacles To Foster Youth Driving, Lucy Johnston-Walsh

Faculty Scholarly Works

The simple and relatively mundane act of driving a car, which many of us take for granted, can have a profound impact on many aspects of adulthood. The ability to drive a car can provide a means to pursue education and employment, to earn income, and to ultimately obtain independence. As a young adult, a car is often the first acquired asset, which leads to developing credit history for other major life purchases. Owning a car may also be a significant contributor to a person’s economic wellbeing and future buying power. Yet the simple act of driving a car is …

Does Partner Satisfaction Influence Contraceptive Use? Findings From The Philippines National Demographic And Health Survey 2017, Renz Adrian T. Calub

Angelo King Institute for Economic and Business Studies (AKI)

It is curious that despite campaigns in favor of modern family planning methods and widespread availability of family planning commodities, women still find it hard to meet their family planning needs. Although a myriad of sociological factors may come into play, such as religion or peers, it is interesting to find out how the woman’s propensity to satisfy partner needs factor in her contraceptive use. This paper develops a simple theoretical model to demonstrate how partner satisfaction, channeled through the psychological cost of partner satisfaction, is related to the likelihood of condom use. The empirical analyses suggest that women who …

Compassion: The Necessary Foundation To Reunify Families Involved In The Foster Care System, Katherine Markey, Vivek Sankaran

Articles

Compassion plays a critical role in ensuring that stakeholders can engage with, and support parents trying to reunify with kids in the foster care system. This Article will explore the compassion crisis in foster care, will present the research documenting the impact of compassion on engaging families, and will identify key steps stakeholders can take to incorporate compassion into their work.

Issues Of Law Enforcement Of The Institution Of Common Joint Ownership By The Example Of Common Joint Property Of Spouses, Leila Burkhanova

Review of law sciences

the article considers the issues of legal regulation, concepts, grounds for occurrence, conditions for implementation, the legal status of participants in common property, the grounds and procedure for the division of property in common ownership by the example of joint ownership of spouses. An integrated approach to understanding the enforcement of the construction of common property in the modern model of property relations is defined. The proposals on improving the legal regulation of the right of common property are formulated, as defined in the Concept of improving the civil legislation of the Republic of Uzbekistan.

Valuing Community Property Businesses: The Good, The Bad, And The Ugly Of Louisiana Law, Sally Brown Richardson

Louisiana Law Review

The article discusses the law in Louisiana on the valuation of community property businesses in divorce proceedings and other topics like fair market value and the ruling by the Louisiana Second Circuit of Appeal in the 2003 case Ellington v. Ellington.

Table Of Contents, Seattle University Law Review

Seattle University Law Review

Table of Contents

The Costs Of Justice In Domestic Violence Cases : Mapping Canadian Law And Policy, Jennifer Koshan, Janet Mosher, Wanda Wiegers

Articles & Book Chapters

Domestic violence cases in Canada present unique access to justice challenges due to complex power dynamics, structural inequality, and the fact that victims, offenders, and children must often navigate multiple legal systems to resolve the many issues in this context. The complexity of these cases has both personal and systemic impacts. Different legal systems – for example, criminal, family, child protection, social welfare, and immigration – have differing objectives and personnel with varying levels of expertise in domestic violence. Conflicting decisions by different courts and tribunals with overlapping jurisdiction may impair the safety of victims and children, and may require …

Verified Amended Complaint By Next Friend James Dwyer Against Defendants Norfolk Department Of Human Services (Ndhs), James G. Dwyer

Faculty Publications

No abstract provided.