Law Commons^™

How Embedded Knowledge Structures Affect Judicial Decision Making: An Analysis Of Metaphor, Narrative, And Imagination In Child Custody Disputes, Linda L. Berger

Linda L. Berger

We live in a time of radically changing conceptions of family and of the relationships possible between children and parents. Though undergoing “a sea-change,” family law remains tethered to culturally embedded stories and symbols. While so bound, family law will fail to serve individual families and a society whose family structures diverge sharply by education, race, class, and income. This article advances a critical rhetorical analysis of the interaction of metaphor and narrative within the specific context of child custody disputes. Its goal is to begin to examine how these embedded knowledge structures affect judicial decision making generally; more specifically, …

Objecting To Court Ordered Mediation, Jane C. Murphy

All Faculty Scholarship

Maryland judges have wide discretion to refer parties to mediate a variety of civil matters. Title 17 of the Maryland Rules, enacted in 1998, governs mediation of civil cases in the circuit courts. These rules are supplemented by Maryland Rule 9-205, which addresses mediation of child custody and visitation disputes. Although these rules define mediation and address mediator qualifications in some detail, they say very little about either a party's right to object to mediation or the court's authority to compel participation in mediation.

Given that the mediation rules are relatively new and mediation orders would generally be considered interlocutory, …

Parental Child-Snatching: Out Of A No-Man's-Land Of Law., Wayne Young

St. Mary's Law Journal

Approximately 100,000 parental child-snatchings occur annually. When a parent takes a kidnapped child to another jurisdiction, the injured parent must convince the court to recognize a foreign custody decree and persuade the same court to enforce that decree. Congress enacted the Uniform Child Custody Jurisdiction Act (UCCJA) to eliminate relitigation of custody decrees in other states and end court practices which protect the kidnapping parent. However, the UCCJA does not resolve parental child-snatching because the Act is ineffective in non-adopting states and the Act fails to aid a state in locating the abducting parent. Non-UCCJA states such as Texas have …