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Full-Text Articles in Law
Pragmatic Family Law, Clare Huntington
Pragmatic Family Law, Clare Huntington
Faculty Scholarship
Family law is a central battleground for a polarized America, with seemingly endless conflict over abortion, parental control of school curricula, gender-affirming health care for children, and similar flash points. This is hardly surprising for an area of law that implicates fundamental concerns about equality, bodily autonomy, sexual liberty, gender norms, parenting, and religion. Polarization poses significant risks to children and families, but centering contestation obscures another important reality. In many areas of doctrine and policy, family law has managed to avoid polarization, even for politically and socially combustible issues. Instead, states are converging on similar rules and policies, working …
The Institutions Of Family Law, Clare Huntington
The Institutions Of Family Law, Clare Huntington
Faculty Scholarship
Family law scholarship is thriving, with scholars using varied methodologies to analyze intimate partner violence, cohabitation, child maltreatment, juvenile misconduct, and child custody, to name but a few areas of study. Despite the richness of this discourse, however, most family law scholars ignore a key tool deployed in virtually every other legal-academic domain: institutional analysis. This methodology, which plays a foundational role in legal scholarship, focuses on four basic questions. Scholars often begin empirically, identifying the specific legal, social, and economic institutions that shape an area of legal regulation. Beyond descriptive accounts, scholars analyze how authority is and should be …
Use And Disposition Of Life Insurance In Dissolution Of Marriage, Jani Maurer
Use And Disposition Of Life Insurance In Dissolution Of Marriage, Jani Maurer
Faculty Scholarship
No abstract provided.
The Illusory Imputation Of Income In Marital Settlement Agreements: "The Future Ain't What It Used To Be", Timothy L. Arcaro, Laura Miller Cancilla
The Illusory Imputation Of Income In Marital Settlement Agreements: "The Future Ain't What It Used To Be", Timothy L. Arcaro, Laura Miller Cancilla
Faculty Scholarship
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
Faculty Scholarship
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 …
No More Secret Adoptions: Providing Unwed Biological Fathers With Actual Notice Of The Florida Putative Father Registry, Timothy L. Arcaro
No More Secret Adoptions: Providing Unwed Biological Fathers With Actual Notice Of The Florida Putative Father Registry, Timothy L. Arcaro
Faculty Scholarship
No abstract provided.
To Protect And Defend: Assigning Parental Rights When Parents Are Living In Poverty, Karen Czapanskiy
To Protect And Defend: Assigning Parental Rights When Parents Are Living In Poverty, Karen Czapanskiy
Faculty Scholarship
No abstract provided.
Ali Child Support Principles: A Lesson In Public Policy And Truth-Telling, Karen Czapanskiy
Ali Child Support Principles: A Lesson In Public Policy And Truth-Telling, Karen Czapanskiy
Faculty Scholarship
No abstract provided.
Marriage As Relational Contract, Elizabeth S. Scott, Robert E. Scott
Marriage As Relational Contract, Elizabeth S. Scott, Robert E. Scott
Faculty Scholarship
The evolution of marriage from a relationship based on status to one that is regulated by contractual norms achieved a milestone of sorts recently with the enactment of the Louisiana Covenant Marriage Act. Under this statute, couples entering marriage can choose to have the termination of their relationship regulated under conventional no-fault divorce rules, or they can voluntarily undertake a greater commitment to their marriage. For couples who select covenant marriage, either party can terminate the relationship on fault grounds, but unilateral termination of the marriage is available only after a substantial waiting period. The principal impact of the statute …
Child Support, Visitation, Shared Custody And Split Custody, Karen Czapanskiy
Child Support, Visitation, Shared Custody And Split Custody, Karen Czapanskiy
Faculty Scholarship
No abstract provided.
Giving Credit Where Credit Is Due: The Role Of The Noneconomic Contribution Of The Physical Custodian In Establishing Child Support, Karen Czapanskiy
Giving Credit Where Credit Is Due: The Role Of The Noneconomic Contribution Of The Physical Custodian In Establishing Child Support, Karen Czapanskiy
Faculty Scholarship
No abstract provided.