Law Commons^™

Domestic Relations, Barry B. Mcgough, Gregory R. Miller

Mercer Law Review

Of the domestic relations appellate cases decided during this survey period, twenty-three are discussed below. Georgia law requires that appeals of domestic relations cases occur through the discretionary application process. A party wanting to appeal an order in a domestic relations case must first file an application to obtain the permission of the appropriate appellate court to file an appeal. As part of a pilot project, the Georgia Supreme Court began accepting all "non-frivolous" applications filed in domestic relations cases during the 2003 calendar year. The supreme court extended the pilot project for the 2004 calendar year; however, the supreme …

Family And Juvenile Law, Robert E. Shepherd Jr.

University of Richmond Law Review

No abstract provided.

Making Mommies: The Washington State Court Of Appeals Exceeded Its Authority By Creating A Common Law Parentage Action In In Re Parentage Of L.B., Thomas G. Robinson-O'Neill

Washington Law Review

In In re Parentage of L.B., Division I of the Washington State Court of Appeals created a new common law cause of action that allows a same-sex de facto parent to be declared a legal parent. In the alternative, the court held that a de facto parent has a cause of action under Washington's nonparental visitation statute. This Note argues that the court exceeded its authority in creating a common law cause of action because the Uniform Parentage Act and the statutory scheme preempt the common law. Further, this Note argues that the ability of a de facto parent …

Measuring The Effects Of Feminist Legal Research: Looking Critically At "Failure" And "Success", Lisa Philipps

Osgoode Hall Law Journal

No abstract provided.

I Now Pronounce You Husband And Wives: Lawrence V. Texas And The Practice Of Polygamy In Modern America, Cassiah M. Ward

William & Mary Journal of Race, Gender, and Social Justice

No abstract provided.

The Paradox Of Unmarried Fathers And The Constitution: Biology "Plus" Defines Relationships; Biology Alone Safeguards The Public Fisc, Laura Oren

William & Mary Journal of Race, Gender, and Social Justice

No abstract provided.

Choices And Commitments For Women: Challenging The Supreme Court Of Canada In The Context Of Social Assitance, Mary Jane Mossman

Osgoode Hall Law Journal

No abstract provided.

Ineffective Assistance Of Counsel In Parental-Rights Termination Cases: The Challenge For Appellate Courts, Susan Calkins

The Journal of Appellate Practice and Process

No abstract provided.

The Alley Behind First Street, Northeast: Criminal Abortion In The Nation's Capital, 1872-1973, Douglas R. Miller

William & Mary Journal of Race, Gender, and Social Justice

No abstract provided.

Growing Pains: The Scope Of Substantive Due Process Rights Of Parents Of Adult Children, Issac J.K. Adams

Vanderbilt Law Review

On February 2, 1958, Milwaukee city police officer Thomas Grady shot and killed 23-year-old Daniel Bell. Officer Grady immediately attempted to cover up the incident, enlisting the help of a fellow officer to place a knife in Daniel's hand and concoct a fictional account of the event. It was only years later, in 1978, that an investigation revealed the true circumstances of Mr. Bell's death. A year after this discovery, the estate of Daniel's father, Dolphus Bell, instituted an action under 42 U.S.C. ? 1983 alleging that the shooting was unconstitutionally, racially motivated, and the death of Daniel Bell deprived …

Feminism, Law, And Public Policy: Family Feuds And Taxing Times, Susan B. Boyd, Claire F. L. Young

Osgoode Hall Law Journal

This article offers a retrospective analysis of feminist research on tax and family law and developments in these fields since the early 1980s. We identify the sometimes contradictory trends-both in legislation and in case law-that raise questions about the influence that feminist research has had on these areas of law. We then flag some ongoing challenges confronting feminists engaged in law reform efforts. Some common themes will emerge, but notable differences are also evident in the ways that feminist thought has played out in tax and family law.

Domestic Violence, Gender-Related Asylum And In Re R.A., Bryn D. Powell

Buffalo Women's Law Journal

No abstract provided.

Murder In A Petri Dish? The Wrath Of Illinois' Miller V. American Infertility Group: A Push For Legislative Action, Maria Pellegrino

Buffalo Women's Law Journal

No abstract provided.

Uneasy Tensions Between Children's Rights And Civil Rights, Annette Ruth Appell

Nevada Law Journal

No abstract provided.

Does The Tax Law Discriminate Against The Majority Of American Children? The Downside Of Our Progressive Rate Structure And Unbalanced Incentives For Higher Education, Lester B. Snyder

San Diego Law Review

Our graduate income tax structure provides an incentive to shift income to lower-bracket family members. However, some parents have much more latitude to shift income to their children than do others. Income derived from services and private business - by far the majority of American income - is less favored than income derived from publicly traded securities. The rationale given for this discrimination is that parents in services or private business, as opposed to those in securities, do not actually part with control of their property. This Article explores these tax broader (yet subtle) tax benefits and their impact on …

From A State-Centered Approach To Transnational Openness: Adapting The Hague Convention With Contemporary Human Rights Standards As Codified In The Convention Of The Rights Of The Child, Allison M. Scott

Indiana Journal of Global Legal Studies

No abstract provided.

The Parent Trap: Uncovering The Myth Of "Coerced Parenthood" In Frozen Embryo Disputes, Ellen Waldman

American University Law Review

No abstract provided.

Gay Marriage: Analyzing Legal Strategies For Reform In Hong Kong And The United States, Robin A. Warren

Washington International Law Journal

Like many countries, both the United States and Hong Kong face the question of whether to legalize gay marriage due to social, legal, and political forces within and beyond their borders. The legalization of same-sex marriage in one jurisdiction forces other jurisdictions to decide whether to recognize marriages celebrated there. Comparing the current state of U.S. and Hong Kong law reveals that only a direct challenge to discriminatory marriage laws will successfully effect change. Two U.S. state supreme court decisions provide examples of effective legal arguments in a direct challenge. Conflict of laws analysis for marriage and the public policy …

The Duty To Support An Aged Parent In Singapore, Wing-Cheong Chan

Washington International Law Journal

When the legislation to impose a financial obligation on adult children to provide for their aged parents was introduced in Singapore in 1994, it generated heated public debate which polarized the population. Several criticisms of this proposal emerged: it subsumed the Asian value of filial piety in a legalistic, Western framework; it was unnecessary given the small number of parents being neglected by their children; and it was an undesirable intrusion into family life. Nonetheless, the proposal managed to gain enough Parliamentary support to be referred to a Select Committee. Several adjustments to the proposed legislation were made to take …

Foster Care Placement: Reducing The Risk Of Sibling Incest, David J. Herring

University of Michigan Journal of Law Reform

The Westermarck theory maintains that incest avoidance arises from the physical proximity of siblings during a critical period of early childhood. This proximity gives rise to an inhibiting effect on post childhood sexual interest. Two recent studies of sibling relationships have verified and refined the Westermarck theory, indicating that the critical period extends through the first four years of childhood. The theory and the studies have implications for child welfare laws, policies and practices surrounding the placement of siblings in foster care. Namely, the findings provide powerful reasons for placing siblings together during the critical period in order to minimize …

Untying The Knot: An Analysis Of The English Divorce And Matrimonial Causes Court Records, 1858-1966, Danaya C. Wright

University of Richmond Law Review

No abstract provided.

Balancing The Demands Of The Workplace With The Needs Of The Modern Family: Expanding Family And Medical Leave To Protect Domestic Partners, Kimberly Menashe Glassman

University of Michigan Journal of Law Reform

This Note addresses the importance of expanding the federal Family and Medical Leave Act and state family and medical leave laws to protect domestic partners. Congress passed the Family and Medical Leave Act to allow workers to balance their work lives and family lives by granting workers the right to take leave time to care for an immediate family member in times of medical necessity. The term 'family member," however, is generally limited to relation y blood, adoption, or marriage, and does not include an individual's domestic partner. The concept of family has evolved in our legal system and is …

The Responsible Thing To Do About "Responsible Party" Provisions In Nursing Home Agreements: A Proposal For Change On Three Fronts, Katherine C. Pearson

University of Michigan Journal of Law Reform

Nursing homes routinely seek the signature of a family member on nursing home agreements, calling the signer a "responsible party" or sponsor for the resident. Federal Medicare and Medicaid law provides that participating facilities must "not require a third party guarantee of payment to the facility as a condition of admission ...to, or continued stay, in the facility. "Nonetheless, if federal benefits prove to be unavailable, courts are holding responsible parties contractually liable for thousands of dollars for the care of their elders. This Article proposes private and public responses to the increasing likelihood that nursing homes will seek collection …

Family Law—Relocation Disputes—From Parent To Paycheck: The Demotion Of The Noncustodial Parent With The Creation Of The Custodial Parent's Presumptive Right To Relocate. Hollandsworth V. Knyzewski, 353 Ark. 470, 109 S.W.3d 653 (2003)., Christopher P. Carrington

University of Arkansas at Little Rock Law Review

No abstract provided.

The Established Standard For Fathers Who Have Acknowledged Paternity And Are Seeking Custody Of Their Illegitimate Child(Ren): Rosero V. Blake, 357 N.C. 193 (2003), Bartina L. Edwards

North Carolina Central Law Review

No abstract provided.

Mckinney V. Richitelli: Abandoning Parents And Presumptive Penalties, Eugene H. Soar

North Carolina Central Law Review

No abstract provided.

Someday All This Will Be Yours: Inheritance, Adoption, And Obligation In Capitalist America, Hendrik Hartog

Indiana Law Journal

Harris Lecture, delivered to the faculty and students of Indiana University School of Law-Bloomington on April 7, 2003.

Also see: Hartog, Hendrik. Someday All This Will be Yours: A History of Inheritance and Old Age. Cambridge: Harvard University Press, 2012.

Relative Burdens: Family Ties And The Safety Net, Lee Anne Fennell

William & Mary Law Review

No abstract provided.

Focusing On Children: Providing Counsel To Children In Expedited Proceedings To Terminate Parental Rights, Bridget A. Blinn

Washington and Lee Law Review

No abstract provided.

A Peace Proposal For The Same-Sex Marriage Wars: Restoring The Household To Its Proper Place, Marie A. Failinger

William & Mary Journal of Race, Gender, and Social Justice

No abstract provided.