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Articles 31 - 60 of 98
Full-Text Articles in Law
Asking The Family Question, Berta E. Hernández-Truyol
Asking The Family Question, Berta E. Hernández-Truyol
Berta E. Hernández-Truyol
Today, the international community is taking strides to address the needs/concerns of the family and to develop norms regarding its protection. However, principles of international law that address issues regarding the family are relatively new. Moreover, to date, these principles have primarily focused on certain specific rights, such as children's rights, women's rights, and child labor rights, rather than incorporating family well-being as a central aim of all international law and relations. This essay proposes a fundamental shift in the approach to international policy and law-making, as well as the engagement of international relations, to include a family-sensitive, culturally inclusive, …
Multiple Parents/Multiple Fathers, Nancy E. Dowd
Multiple Parents/Multiple Fathers, Nancy E. Dowd
Nancy Dowd
Multiple parents, especially multiple fathers, are a social reality but not a legal category. The assumption that every child has, or should have, two, but only two, parents remains a core operating assumption of family law. Yet at the same time, our knowledge of the existence of multiple fathers, whether birthfathers, stepfathers, psychological fathers or other categories, has found some reflection in cases that have granted some relational rights to fathers who do not fill the single place allotted for "legal father." In this Article, Professor Dowd proposes that it is time to think not if, but how, to recognize …
Foreword - A Dedication To Barbara Bennett Woodhouse, Nancy E. Dowd
Foreword - A Dedication To Barbara Bennett Woodhouse, Nancy E. Dowd
Nancy Dowd
Families and family law are at the cutting edge of social policy. As we navigate through difficult times, we are reminded not only of the importance of families, but also of their vulnerability. The challenge for family law and policy is to remain responsive and relevant. This requires that we confront the realities of families, their needs and issues. We live in times of enormous diversity in family forms. That reality is frightening and worrisome to some, but reminds us that it is how families function, rather than what they look like, that is most important. Embracing function over form …
Parentage At Birth: Birthfathers And Social Fatherhood, Nancy E. Dowd
Parentage At Birth: Birthfathers And Social Fatherhood, Nancy E. Dowd
Nancy Dowd
Deciding who should be a child's legal parents at birth seems a simple task. Instinctively, the answer is the child's biological mother and father. Historically, the answer would have been different depending on whether the child was born within a marriage or not; marriage trumped biology, at least with respect to fathers. A husband was generally presumed to be the father of a child born to his wife, even if there was no genetic connection. A number of changes have moved parentage away from the marital/genetic/patriarchal model that valued the marital family above genes or social fatherhood. Modern principles of …
Famigration (Fam Imm): The Next Frontier In Immigration Law, Kari E. Hong
Famigration (Fam Imm): The Next Frontier In Immigration Law, Kari E. Hong
Kari E. Hong
The recently published article, Immigration’s Family Values by Professor Kerry Abrams and R. Kent Piacenti, and the forthcoming Removing Citizens: Parenthood, Citizenship, and Immigration Courts by Kari Hong examine how, when, and why immigration law uses a different definition of family than the one used in state courts. Despite their differences, in conversation, these two pieces highlight how the Department of Homeland Security likely is either following misguided policies or pursuing improper objectives when creating a federal family law. Crimmigration (Crim Imm) scholarship successfully identified the ways in which the (purported) civil proceedings of immigration law needed the extra constitutional …
The Case For Relocation – Relocation Vs Continuity: Bnt V Bns [2014] Sghc 87, Jonathan Chen Yeen Muk
The Case For Relocation – Relocation Vs Continuity: Bnt V Bns [2014] Sghc 87, Jonathan Chen Yeen Muk
Jonathan Muk
BNT v BNS (“BNT”) is significant for the fact that it is one out of two major Singapore decisions dealing with a foreigner parent seeking permanent relocation of the children overseas. In coming to her decision, Judith Prakash J overruled the trial judge’s decision and denied the mother permission to bring the children back to their home country, Canada. An analysis of the case is worthwhile, considering that in the earlier decision of AZB v AYZ [2012] 3 SLR 627, Andrew Ang J had granted the mother permission to relocate the children from Singapore to the United States of America. …
Redefining Adultery In The Digital Age, Sydney Beckman
Redefining Adultery In The Digital Age, Sydney Beckman
Sydney A. Beckman
No abstract provided.
Bargaining In The Shadow Of The Best-Interests Standard: The Close Connection Between Substance And Process In Resolving Divorce-Related Parenting Disputes, Jana B. Singer
Jana B. Singer
This essay, written for a Symposium celebrating the child custody scholarship of Professor Robert Mnookin, examines the close connection between changes in substantive child custody doctrine and changes in custody dispute resolution processes over the past 30 years. Part I of the article explores how the widespread adoption of an unmediated “best interest of the child” standard, and the ensuing rejection of the sole custody paradigm, precipitated a shift from adversarial to non-adversarial resolution of divorce-related parenting disputes. Part II of the essay reverses the direction of the analytic lens and considers how the shift from adversarial to non-adversarial dispute …
What's Wrong With A Federal Inheritance Tax?, Wendy Gerzog
What's Wrong With A Federal Inheritance Tax?, Wendy Gerzog
Wendy Gerzog
Scholars have proposed a federal inheritance tax as an alternative to the current federal transfer tax system, but there are serious flaws with that idea. Those problems include: (1) different tax rates and exemptions based on the decedent’s relationship to the beneficiary; (2) the lack of a tax on lifetime gratuitous transfers, including gifts with retained interests or control; (3) the persistence of most current valuation distortion abuses; and (4) significantly decreased compliance rates and increased administrative costs inherent in a system that taxes transferees on transactions that may be largely unmonitored.
This article reviews common characteristics of existing inheritance …
Husband-Wife Homicide: An Essay From A Family Law Perspective, Margaret Howard
Husband-Wife Homicide: An Essay From A Family Law Perspective, Margaret Howard
Margaret Howard
No abstract provided.
From Sex For Please To Sex For Parenthood: How The Law Manufactures Mothers, Beth A. Burkstrand-Reid
From Sex For Please To Sex For Parenthood: How The Law Manufactures Mothers, Beth A. Burkstrand-Reid
Beth A. Burkstrand-Reid
As soon as sperm enter a woman, so do law and politics, or so the decades-long disputes surrounding abortion suggest. Now, however, renewed debates surrounding contraceptives show legal and political interference with women’s sexual and reproductive autonomy may actually precede the sperm. This Article argues that, increasingly, women even thinking about having sex are defined socially and legally as “mothers.” Via this broad definition of who is a “mother," the State extends its reach into women’s decision-making throughout their reproductive lifetime. This Article argues that the State simultaneously devalues women’s choices to have sex for pleasure, which this Article calls …
Dirty Harry Meets Dirty Diapers: Masculinities, At-Home Fathers & Making The Law Work For Families, Beth A. Burkstrand-Reid
Dirty Harry Meets Dirty Diapers: Masculinities, At-Home Fathers & Making The Law Work For Families, Beth A. Burkstrand-Reid
Beth A. Burkstrand-Reid
Who is the “man”? Implicit in that question is whether the man at issue demonstrates traits traditionally associated with masculinity: traits such as power, rejecting all things associated with being female, aggression, and being the family breadwinner. If a man, then, abandons paid work and stays at home full-time with his children, is he still a “man” as typically defined? The answer to this question bears both on whether families are truly evolving away from the gendered construct that places men as family breadwinners and women as caregivers and whether work-family balance law meets the needs of these—and all—families. This …
Handbook Of The Law Of Persons And Domestic Relations. By Joseph W. Madden, Robert C. Brown
Handbook Of The Law Of Persons And Domestic Relations. By Joseph W. Madden, Robert C. Brown
Dr Robert Brown
No abstract provided.
Babies, Parents, And Grandparents: A Story In Two Cases, Karen Czapanskiy
Babies, Parents, And Grandparents: A Story In Two Cases, Karen Czapanskiy
Karen Czapanskiy
No abstract provided.
Disabled Kids And Their Moms: Caregivers And Horizontal Equity, Karen S. Czapanskiy
Disabled Kids And Their Moms: Caregivers And Horizontal Equity, Karen S. Czapanskiy
Karen Czapanskiy
No abstract provided.
The Metamorphosis Of Marriage And Adoption, Sanford N. Katz, Daniel R. Katz
The Metamorphosis Of Marriage And Adoption, Sanford N. Katz, Daniel R. Katz
Sanford N. Katz
No abstract provided.
Equitable Distribution: Virginia Code Section 20-107, Ingrid Michelsen Hillinger, Sharon A. Henderson, David A. Glazer
Equitable Distribution: Virginia Code Section 20-107, Ingrid Michelsen Hillinger, Sharon A. Henderson, David A. Glazer
Ingrid Michelsen Hillinger
In Virginia traditional alimony was the only form of recompense allowed to a divorced spouse until 1977. Property was divided according to title, either his, hers or theirs. In 1977, the legislature added the possibility of a "lump sum payment" based upon the "property interests of the parties" after considering "the contributions, monetary and non-monetary, of each party to the well-being of the family," among other factors. This language gave little guidance as to when such an award might be appropriate or what specific factors were to be considered. A survey conducted by Ingrid Hillinger for the Family Law Section …
Dirty Harry Meets Dirty Diapers: Masculinities, At-Home Fathers, And Making The Law Work For Families, Beth A. Burkstrand-Reid
Dirty Harry Meets Dirty Diapers: Masculinities, At-Home Fathers, And Making The Law Work For Families, Beth A. Burkstrand-Reid
Beth A. Burkstrand-Reid
Who is the “man”? Implicit in this question is whether the man at issue demonstrates traits traditionally associated with masculinity: traits such as power, rejecting all things associated with being female, aggression, and being the family breadwinner. If a man, then, abandons paid work and stays at home full time with his children, is he still a “man” as typically defined? The answer to this question bears both on whether families are truly evolving away from the traditional, gendered construct that places men as family breadwinners and women as caregivers and whether work-family balance law meets the needs of these—and …
Resolving Family Conflicts, Jana Singer, Jane Murphy
Resolving Family Conflicts, Jana Singer, Jane Murphy
Jana B. Singer
Over the past two decades, virtually all areas of family law have undergone major doctrinal and theoretical changes - from the definition of marriage, to the financial and parenting consequences of divorce, to the legal construction of parenthood. An equally important set of changes has transformed the resolution of family disputes. This 'paradigm shift' in family conflict resolution has reshaped the practice of family law and has fundamentally altered the way in which disputing families interact with the legal system. Moreover, the changes have important implications for the way that family law is understood and taught. This volume examines the …
Family Law: Cases, Text, Problems, 5th Edition, Ira Ellman, Paul Kurtz, Lois Weithorn, Brian Bix, Karen Czapanskiy, Maxine Eichner
Family Law: Cases, Text, Problems, 5th Edition, Ira Ellman, Paul Kurtz, Lois Weithorn, Brian Bix, Karen Czapanskiy, Maxine Eichner
Karen Czapanskiy
Family law is an interdisciplinary area, and the materials in this work reflect the numerous disciplines influencing this field of law. This book is policy-oriented, with non-legal social science featured in the extensive note materials to provide a rich and varied learning experience and a practice resource tool. Notes do more than call attention to difficult questions of legal doctrine and policy; they illuminate them.
The authors use a problem approach throughout, in addition to comprehensive case law sources. Problems provide an ideal mechanism for students to acquire the ability to apply legal rules to concrete fact patterns.
Emerging Models For Alternatives To Marriage, Sanford N. Katz
Emerging Models For Alternatives To Marriage, Sanford N. Katz
Sanford N. Katz
Perhaps one of the most important changes in family law in the past thirty years has been the inclusion of certain kinds of friendships in the range of relationships from which rights and responsibilities can flow. Domestic partnership laws, a phenomenon of the 1990s, may be seen as a natural development from the judicial recognition of contract cohabitation and the legislative and judicial response to same-sex couples who, unable to meet statutory requirements for marriage, have sought official recognition of their relationships. This essay discusses an aspect of certain kinds of domestic partnership laws-their formal requirements and the extent to …
Preserving The Family Through Change For The Sake Of Future Generations, Sanford N. Katz
Preserving The Family Through Change For The Sake Of Future Generations, Sanford N. Katz
Sanford N. Katz
Within the last fifty years, a transformation has taken place in American law. Before then, family relationships, like parent-child relationship, were clearly defined by biology or adoption. Marriage was defined by gender. Marriage certificates and birth certificates evidenced one's legal status. The transformation that has occurred was the legal recognition that took reality into account that relationships can develop without formalities. No longer can it be said that either one is in a certain status or one is not. Marriage-like relationships have been recognized, like civil unions, as well as de facto parenthood. American law has now recognized that marriage …
Inter-Spousal Gifts As Matrimonial Assets?, Siyuan Chen
Inter-Spousal Gifts As Matrimonial Assets?, Siyuan Chen
Siyuan CHEN
No abstract provided.
Children And Family Law: A Practitioner's Resource Guide, Jennifer Stevenson Prilliman
Children And Family Law: A Practitioner's Resource Guide, Jennifer Stevenson Prilliman
Jennifer S. Prilliman
No abstract provided.
Interview With Professor Martha Albertson Fineman, Linnéa Wegerstad, Niklas Selberg
Interview With Professor Martha Albertson Fineman, Linnéa Wegerstad, Niklas Selberg
Linnéa Wegerstad
No abstract provided.
Interview With Professor Martha Albertson Fineman, Linnéa Wegerstad, Niklas Selberg
Interview With Professor Martha Albertson Fineman, Linnéa Wegerstad, Niklas Selberg
Niklas Selberg
No abstract provided.
Sham Marriages, Ancillary Powers, And Moral Discourse, Siyuan Chen
Sham Marriages, Ancillary Powers, And Moral Discourse, Siyuan Chen
Siyuan CHEN
No abstract provided.
The Fundamental Question When Applying The Welfare Principle: "Who Will Be The Better Parent Or Guardian"?, Siyuan Chen
The Fundamental Question When Applying The Welfare Principle: "Who Will Be The Better Parent Or Guardian"?, Siyuan Chen
Siyuan CHEN
No abstract provided.
Chalimony: Seeking Equity Between Parents Of Children With Disabilities And Chronic Illnesses, Karen Czapanskiy
Chalimony: Seeking Equity Between Parents Of Children With Disabilities And Chronic Illnesses, Karen Czapanskiy
Karen Czapanskiy
Many thousands of children experience serious disabling conditions such as autism and debilitating chronic illnesses such as asthma. Caring for these children is often so demanding that caregiving parents cannot remain employed outside the home. Parental resources available to these children are also limited because an unusually high percentage of them live with only one parent. Nonetheless, surprisingly few cases involving families with a disabled or chronically ill child appear in the family law case law or scholarly literature. Even where child support and alimony are concerned, these families are seen only at the margins. In my recent article, I …
Family Solidarity Versus Social Solidarity In The United States, Sanford N. Katz
Family Solidarity Versus Social Solidarity In The United States, Sanford N. Katz
Sanford N. Katz
No abstract provided.