Open Access. Powered by Scholars. Published by Universities.®
- Institution
-
- University of Michigan Law School (153)
- Columbia Law School (134)
- University of Baltimore Law (115)
- University of Nevada, Las Vegas -- William S. Boyd School of Law (105)
- University of Maryland Francis King Carey School of Law (87)
-
- William & Mary Law School (81)
- University of Nebraska - Lincoln (79)
- Maurer School of Law: Indiana University (72)
- University of Richmond (72)
- Georgetown University Law Center (69)
- Golden Gate University School of Law (69)
- University of Pennsylvania Carey Law School (68)
- Notre Dame Law School (65)
- Brooklyn Law School (63)
- Boston University School of Law (58)
- The Catholic University of America, Columbus School of Law (47)
- University of Missouri-Kansas City School of Law (47)
- The University of Maine (46)
- American University Washington College of Law (45)
- University of Florida Levin College of Law (45)
- Washington and Lee University School of Law (40)
- Duke Law (38)
- University of Colorado Law School (38)
- University of Pittsburgh School of Law (38)
- Roger Williams University (36)
- Pace University (32)
- University of Kentucky (31)
- Fordham Law School (29)
- Maurice A. Deane School of Law at Hofstra University (29)
- New York Law School (29)
- Keyword
-
- Family law (275)
- Children (195)
- Marriage (192)
- Divorce (177)
- Domestic violence (155)
-
- Child welfare (119)
- Family (103)
- Adoption (99)
- Same-sex marriage (96)
- Child custody (80)
- Family Law (78)
- Parents (75)
- Domestic relations (73)
- Child support (72)
- Parental rights (68)
- Foster care (63)
- Women (58)
- Families (57)
- Custody (53)
- Gender (50)
- Women's health (49)
- Law (48)
- Maine women's serial pubs (46)
- Women's shelters (46)
- Child protection (45)
- Domestic Relations (44)
- Abortion (40)
- Child abuse (39)
- Race (38)
- Alimony (36)
- Publication
-
- Faculty Scholarship (490)
- Articles (225)
- All Faculty Scholarship (200)
- Faculty Publications (153)
- Journal Articles (124)
-
- Scholarly Works (74)
- Law Faculty Publications (72)
- Articles by Maurer Faculty (70)
- Scholarly Articles (60)
- Nevada Supreme Court Summaries (58)
- Georgetown Law Faculty Publications and Other Works (53)
- Publications (52)
- Faculty Works (47)
- Maine Women's Publications - All (46)
- UF Law Faculty Publications (44)
- Articles in Law Reviews & Other Academic Journals (42)
- Book Chapters (40)
- Elisabeth Haub School of Law Faculty Publications (31)
- Center on Children, Families, and the Law: Faculty Publications (30)
- Faculty Journal Articles and Book Chapters (29)
- Hofstra Law Faculty Scholarship (28)
- Research Collection Yong Pung How School Of Law (28)
- Supreme Court Case Files (27)
- Faculty Articles (22)
- Jesse Carter Opinions (21)
- Popular Media (21)
- Scholarly Publications (21)
- UIC Law Open Access Faculty Scholarship (21)
- Other Publications (20)
- Center on Children, Families, and the Law (and related organizations): Publications (19)
Articles 1 - 30 of 2709
Full-Text Articles in Law
Ks Pop Celebrating Three Years Of Tech-Driven Justice For All, Ayyoub Ajmi
Ks Pop Celebrating Three Years Of Tech-Driven Justice For All, Ayyoub Ajmi
Faculty Works
This article explores the development and impact of the Kansas Protection Order Portal (KS POP), highlighting the vital role of law librarians in the portal's design and implementation. The article showcases how KS POP has streamlined the legal process for domestic violence, sexual assault, and human trafficking victims in Kansas, marking a significant advancement in accessible legal support and serving as a model for future innovations in the justice system.
Fear Of Love And Loving In India, Sarasu Esther Thomas
Fear Of Love And Loving In India, Sarasu Esther Thomas
Popular Media
Excerpt:
It is unthinkable that marriages and live-in relationships between adults should become so regimented by the State. This is a violation of constitutional and human rights to have adult agency appropriated by the state and non-state actors. This insidious creeping of the paternalistic State into romantic and intimate relationships of consenting adults does not show any signs of ebbing. It reflects increased polarisation and merges moral policing with the law.
5th Annual Women In Law Leadership Lecture, Roger Williams University School Of Law
5th Annual Women In Law Leadership Lecture, Roger Williams University School Of Law
School of Law Conferences, Lectures & Events
No abstract provided.
Alternative Dispute Resolution In Montana: A Catalog Of The Local Rules In Montana District Courts, Brianna Anderson, Brock Flynn
Alternative Dispute Resolution In Montana: A Catalog Of The Local Rules In Montana District Courts, Brianna Anderson, Brock Flynn
Student Scholarship
A catalog of the Local ADR Rules for the Montana Judicial District Courts, including rules about settlement conferences, mediation, and informal domestic relations trials.
The Real Wrongs Of Icwa, James G. Dwyer
The Real Wrongs Of Icwa, James G. Dwyer
Faculty Publications
Haaland v. Brackeen rejected federalism-based challenges to the Indian Child Welfare Act (ICWA) but signaled receptivity to future challenges based on individual rights. The adult-focused rights claims presented in Haaland, however, miss the mark of what is truly problematic about ICWA. This Article presents an in-depth, children’s-rights based critique of the Act, explaining how it violates a fundamental right against state exertion of power over central aspects of persons’ private lives to their detriment for illicit purposes. In fact, the Act’s defenders are complicit in the same sort of government violence that motivated ICWA’s enactment—erasing aspects of children’s heritage …
Regulating Social Media Through Family Law, Katharine B. Silbaugh, Adi Caplan-Bricker
Regulating Social Media Through Family Law, Katharine B. Silbaugh, Adi Caplan-Bricker
Faculty Scholarship
Social media afflicts minors with depression, anxiety, sleeplessness, addiction, suicidality, and eating disorders. States are legislating at a breakneck pace to protect children. Courts strike down every attempt to intervene on First Amendment grounds. This Article clears a path through this stalemate by leveraging two underappreciated frameworks: the latent regulatory power of parental authority arising out of family law, and a hidden family law within First Amendment jurisprudence. These two projects yield novel insights. First, the recent cases offer a dangerous understanding of the First Amendment, one that should not survive the family law reasoning we provide. First Amendment jurisprudence …
Uttarakhand Ucc Pits Vulnerable Young Couples Against The Might Of The State, Sarasu Esther Thomas
Uttarakhand Ucc Pits Vulnerable Young Couples Against The Might Of The State, Sarasu Esther Thomas
Popular Media
On 7 February 2024, the Uttarakhand Assembly passed the Uniform Civil Code (UCC) Bill. In this article, Prof. (Dr.) Sarasu Esther Thomas unpacks its provisions along with their legal and social implications.
Not Even A Federal Judge Can Make Texas Protect Kids, Patrick Michels
Not Even A Federal Judge Can Make Texas Protect Kids, Patrick Michels
UDC Law Faculty in the News
In a thirteenth-floor courtroom in downtown Dallas, Jackie Juarez took the witness stand to testify about years of mistreatment under the system that raised her. Now eighteen years old, she stood a little over four and a half feet tall, with dark curls that fell atop a long, cream-colored cardigan. She pulled By Patrick Michels the microphone close as she spoke. At eleven years old, she had been placed in the state’s custody, for reasons that remain confidential. She was removed from a group home after reporting inappropriate text messages from a male staffer—he remained employed at the facility, while …
Intimate Partner Violence And Family Dispute Resolution – Coercion, Capacity, And Control, Kelly Browe Olson
Intimate Partner Violence And Family Dispute Resolution – Coercion, Capacity, And Control, Kelly Browe Olson
Faculty Scholarship
Intimate partner violence (IPV) is one of the most complex issues that family dispute resolution (FDR) professionals encounter. Over one-third of women and one-quarter of men in the United States have experienced physical violence, rape, and/or stalking by an intimate partner in their lifetime (Black et al., 2011), and a majority of separation- and divorce-related cases involve IPV allegations (Ballard et al., 2011; Beck et al., 2010; Belzer, 2003). IPV often escalates, and is most dangerous, during and after separation and creates unique challenges for mediation and other collaborative processes (Beck & Raghaven, 2010; Kelly & Johnson, 2008). Therefore, all …
The Mature Minor Doctrine And Covid Vaccination In Connecticut, Brianna Cyr
The Mature Minor Doctrine And Covid Vaccination In Connecticut, Brianna Cyr
Connecticut Law Review
The mature minor doctrine is an exception to the common law rule of parental informed consent for a child’s medical decisions. The mature minor doctrine is applicable as either doctrine or statute in some states, but not all. Connecticut currently upholds the common law view for a minor child’s medical decision-making authority. Consequently, one prominent topic of discussion in recent years deals with the Covid-19 pandemic and the public policy discussions over nation-wide vaccination efforts. Many minors, children legally under the age of eighteen, are looking to make their own medical decisions when dealing with vaccination for the Coronavirus. By …
Comment On Part 4 Essays: Goodwin And Dailey And Rosenbury, Elizabeth S. Scott
Comment On Part 4 Essays: Goodwin And Dailey And Rosenbury, Elizabeth S. Scott
Faculty Scholarship
Professors Michelle Goodwin and Anne Dailey and President Laura Rosenbury have written two compelling essays on Part 4 of the Restatement of Children and the Law, dealing with Children in Society. Goodwin’s essay, She’s So Exceptional: Rape and Incest Exceptions Post-Dobbs, focuses on § 19.02 of the Restatement, dealing with the right of minors to reproductive health treatments. This Section was approved by the American Law Institute before the Supreme Court decided Dobbs v. Jackson Women’s Health Organization, overturning Roe v. Wade. In her essay, Goodwin explores the harms that will follow if minors’ right of access …
Nudging Improvements To The Family Regulation System, Joshua Gupta-Kagan
Nudging Improvements To The Family Regulation System, Joshua Gupta-Kagan
Faculty Scholarship
The Restatement of Children and the Law features a strong endorsement of parents’ rights to the care, custody, and control of their children because parents’ rights are generally good for children. Building on that foundation, the Restatement’s sections on child neglect and abuse law would resolve several jurisdictional splits in favor of greater protections for family integrity, thus protecting more families against the harms that come from state intervention, especially state separation of parents from children.
But a close read of the Restatement shows that it only goes so far. It is not likely to significantly reduce the wide variation …
Parental Rights Rhetoric Versus Parental Rights Doctrine, Clare Huntington
Parental Rights Rhetoric Versus Parental Rights Doctrine, Clare Huntington
Faculty Scholarship
Professor Josh Gupta-Kagan observes that the Restatement of Children and the Law does not transform the law of child abuse and neglect. As he contends, this is neither a feature nor a bug. It is simply the reality of a restatement, which can only nudge, not reform, the law. I agree with Gupta-Kagan that only political will, not the American Law Institute (ALI), can fix the significant problems with the family regulation system. For advocates and scholars — including both of us — who seek structural and doctrinal change, the ALI has principles projects, and there is a broader ecosystem …
Brief Of Amici Curiae In Support Of The United States: Moyle & Idaho V. United States, David S. Cohen, Greer Donley, Rachel Rebouché
Brief Of Amici Curiae In Support Of The United States: Moyle & Idaho V. United States, David S. Cohen, Greer Donley, Rachel Rebouché
Amici Briefs
This amicus brief, submitted to the Supreme Court in Moyle v. United States, argues that Moyle, and the impending circuit split surrounding it, is a symptom of a larger workability problem with the Dobbs v. Jackson Women’s Health Organization framework. Dobbs is already proving, in its brief existence, to be unworkable, and must be overturned. In short order, the Dobbs ruling has ushered in an era of unprecedented legal and doctrinal chaos, precipitating a fury of disorienting legal battles across the country. The Dobbs framework has created destabilizing conflicts between federal and state authorities, as in the current …
Restating The Law In A Child Wellbeing Framework, Elizabeth S. Scott
Restating The Law In A Child Wellbeing Framework, Elizabeth S. Scott
Faculty Scholarship
The Restatement of Children and the Law is scheduled for formal adoption by the American Law Institute in 2024. When this project was first proposed, it was met with some skepticism, on the view that the regulation of children was not a coherent field of law. But after eight years of work on this Restatement, the Reporters have produced a comprehensive account of the law’s treatment of children and clarified that it is, indeed, an integrated and coherent area of law. Our work has uncovered a deep structure and logic that shapes the legal regulation of children in the family, …
The Harm Of "Nothing Burgers", Joshua Gupta-Kagan
The Harm Of "Nothing Burgers", Joshua Gupta-Kagan
Faculty Scholarship
Child protective services (CPS) agencies subject a wide scope of families to investigation, and the vast majority do not lead to family separations or family court cases. A 2017 study, for instance, showing that 37% of all children and 53% of Black children are the subject of CPS investigations in their childhoods, has now been cited hundreds of times. Kelley Fong’s new book, Investigating Families, is based on the months she spent embedded with CPS investigators responding to allegations that parents abused or (more often) neglected their children, and the interviews she conducted with both investigators and the parents …
The Ethical Risk Of Experience, Barbara Glesner Fines
The Ethical Risk Of Experience, Barbara Glesner Fines
Faculty Works
Practice may make perfect, but in law practice, experience and specialization can actually increase some types of errors - leading to an increased risk of malpractice claims, disciplinary complaints, or client dissatisfaction. This article explores the question of why this may be so. The article first examines the phenomenon of increased malpractice and disciplinary risks for family law attorneys in general and experienced attorneys in particular. The central question this article examines is this, "Why might highly experienced and specialized family law attorneys find themselves facing the most severe of disciplinary sanctions or malpractice judgments?" The answers point to some …
Twenty Years After Krieger V Law Society Of Alberta: Law Society Discipline Of Crown Prosecutors And Government Lawyers, Andrew Flavelle Martin
Twenty Years After Krieger V Law Society Of Alberta: Law Society Discipline Of Crown Prosecutors And Government Lawyers, Andrew Flavelle Martin
Articles, Book Chapters, & Popular Press
Krieger v. Law Society of Alberta held that provincial and territorial law societies have disciplinary jurisdiction over Crown prosecutors for conduct outside of prosecutorial discretion. The reasoning in Krieger would also apply to government lawyers. The apparent consensus is that law societies rarely exercise that jurisdiction. But in those rare instances, what conduct do Canadian law societies discipline Crown prosecutors and government lawyers for? In this article, I canvass reported disciplinary decisions to demonstrate that, while law societies sometimes discipline Crown prosecutors for violations unique to those lawyers, they often do so for violations applicable to all lawyers — particularly …
Foreword, Vincent Ooi
Foreword, Vincent Ooi
Research Collection Yong Pung How School Of Law
Family law goes beyond divorce cases, often requiring the family law practitioner to advise and assist on matters involving children and young persons, and protection orders. These can be some of the most challenging issues which a person can face and it is not always obvious to someone needing help that they can turn to the law for assistance in appropriate cases. This makes books like this one crucial in spreading the word that help is available, preventing a situation where people facing difficulties might have to suffer in silence.Fung Peen’s first two books on Lasting Powers of Attorney (LPAs) …
Real Property Issues In Family Law: An Annotated Bibliography, Allen Roston
Real Property Issues In Family Law: An Annotated Bibliography, Allen Roston
Faculty Works
No abstract provided.
A Crazy Quilt: Infanticide In The United States, Susan Ayres
A Crazy Quilt: Infanticide In The United States, Susan Ayres
Faculty Scholarship
This chapter builds on previous research to present a sampling of cases in the US, primarily in the twenty-first century, in order to show the harshness and disparity in criminal charges, defences and sentences. The broad term ‘infanticide’ is used for child-murder cases, and the more specific term ‘neonaticide’ is used for the killing of a child in the first 24 hours after birth. This chapter also describes the more recent use of genetic genealogy to solve cold cases of neonaticide. It concludes by considering how the absence of an infanticide offence and expanded defences results in an incoherent, unjust …
The Impact Of Us Abortion Policy On Rheumatology Clinical Practice: A Cross-Sectional Survey Of Rheumatologists, Bonnie L. Bermas, Irene Blanco, Rosalind Ramsey-Goldman, Ashira D. Blazer, Megan E.B. Clowse, Cuoghi Edens, Greer Donley, Leslie Pierce, Catherine Wright, Mehret Birru Talabi
The Impact Of Us Abortion Policy On Rheumatology Clinical Practice: A Cross-Sectional Survey Of Rheumatologists, Bonnie L. Bermas, Irene Blanco, Rosalind Ramsey-Goldman, Ashira D. Blazer, Megan E.B. Clowse, Cuoghi Edens, Greer Donley, Leslie Pierce, Catherine Wright, Mehret Birru Talabi
Articles
In June of 2022, the US Supreme Court's decision in Dobbs v Jackson Women’s Health overturned Roe v Wade, finding that there was no federal constitutional right to abortion. Subsequently, almost one third of states have near-total abortion bans in effect. Our team distributed a confidential web-based survey to a sample of US-based rheumatologists to assess how the Dobbs decision is affecting the clinical care of reproductive-age females with rheumatic diseases (RMDs), including teratogen prescribing, pregnancy termination referrals, and rheumatologists’ perceived vulnerability to criminalization.
Contextual Determinants Of Re-Reporting For Families Receiving Alternative Response: A Survival Analysis In A Midwestern State, Jianchao Lai, Michelle Graef, Todd Franke, Toby Burnham
Contextual Determinants Of Re-Reporting For Families Receiving Alternative Response: A Survival Analysis In A Midwestern State, Jianchao Lai, Michelle Graef, Todd Franke, Toby Burnham
Center on Children, Families, and the Law: Faculty Publications
Differential response (DR) has been widely adopted in over 30 states to address shortcomings of the traditional approach to child maltreatment reports in complex family and case circumstances. However, despite continued evaluation efforts, evidence of the effectiveness of DR remains inconclusive. The current study aims to assess the impact of a DR program and potential predictors, including service match and number of family case workers, on maltreatment re-reports in a Midwestern state. The study utilized a randomized control trial and assigned eligible families to either the Alternative Response (AR) track or Traditional Response (TR) track. The enrollment was implemented in …
Habeas At Home And Heart: Progressive Era Cases Of Spousal Confinement To Nebraska's Psychiatric Households, Isabelle Childs
Habeas At Home And Heart: Progressive Era Cases Of Spousal Confinement To Nebraska's Psychiatric Households, Isabelle Childs
Digital Legal Research Lab
No abstract provided.
Introduction: Domestic Violence And Access To Justice Within The Family Law And Intersecting Legal Systems, Jennifer Koshan, Wanda Wiegers, Janet Mosher, Wendy Chan, Michaela J. Keet
Introduction: Domestic Violence And Access To Justice Within The Family Law And Intersecting Legal Systems, Jennifer Koshan, Wanda Wiegers, Janet Mosher, Wendy Chan, Michaela J. Keet
Articles & Book Chapters
The articles in this collection explore the access to justice issues that arise for survivors of domestic violence in their encounters with Canada’s family law system. While family law and family dispute resolution processes are the central focus of the articles, three contributions also address family law's intersections with other legal domains (civil restraining orders, child welfare, and immigration). Common across the contributions is a desire to carefully interrogate the potential of law and legal processes to enhance—or conversely to undermine—the safety and well-being of survivors and their children.
Remembering The Hon. Viola J. Taliaferro, James Owsley Boyd
Remembering The Hon. Viola J. Taliaferro, James Owsley Boyd
Keep Up With the Latest News from the Law School (blog)
Judge Viola J. Taliaferro, a pathbreaking jurist in Monroe County and renowned advocate for its children, passed away Monday, June 12 in Bloomington.
A 1977 graduate of the Indiana University Maurer School of Law, Taliaferro entered the legal profession later in life, but wasted no time making an immediate—and lasting—impact on her local community.
Viola Taliaferro earned a Master of Liberal Arts degree from Johns Hopkins University in 1969. By then she and George had four children, and the family returned to Bloomington—where George had played for the Indiana University Hoosier football team—in 1972.
Three years later she enrolled at …
Rojas Reflects On Law School During A Pandemic, James Owsley Boyd
Rojas Reflects On Law School During A Pandemic, James Owsley Boyd
Keep Up With the Latest News from the Law School (blog)
During her sophomore year of college, Alexa Rojas was an intake intern with a children’s advocacy center outside of Joliet, Illinois. It sparked the realization that she knew she wanted to make a difference in the lives of kids who have endured abuse and trauma. In her position, Rojas served as the first point of contact for families scheduling forensic interviews with law enforcement and prosecutors. In order to lessen the impact on the victim, substantial logistical work went on behind the scenes to ensure that the child only had to tell their story once—to someone they trusted.
Legislative Update From The 94th General Assembly: Arkansas Bills Affecting Pregnant And Postpartum Mothers, Garrett Bannister
Legislative Update From The 94th General Assembly: Arkansas Bills Affecting Pregnant And Postpartum Mothers, Garrett Bannister
Arkansas Law Notes
In the wake of the U.S. Supreme Court’s landmark decision, Dobbs v. Jackson Women’s Health Org., the State of Arkansas was swift in restricting almost all abortions in the Natural State. Arkansas’s decision was met with plaudits from its supporters and reproval by its dissenters. In this unchartered legal territory, Arkansas’s 94th General Assembly—the first legislative session in the wake of Dobbs—has passed and proposed several bills that would provide pregnant and postpartum mothers and their children with medical and financial assistance. Specifically, these bills would provide pregnant and new mothers with health screenings, help high school-aged parents …
The Impact Of The Justice & Treatment Industry Upon My Father—A Researched Auto-Ethnography, Megan Bruce
The Impact Of The Justice & Treatment Industry Upon My Father—A Researched Auto-Ethnography, Megan Bruce
Whittier Scholars Program
In this researched memoir, I will be writing about my childhood growing up with my father being incarcerated and a drug addict. I’m writing about my story to let everyone know it isn’t easy but you can get through it and there are a lot more children and families that go through this too. I’m also going to bring in my dad’s perspective a little bit while throwing in research on the recovery process and the stages, the brain, and the justice system. I chose to write about my experience and emotional struggles to show readers that addiction and the …
The Role Of Vaccination Decision Making In Coparenting In The Post Covid-19 World, Alexandria Kozak
The Role Of Vaccination Decision Making In Coparenting In The Post Covid-19 World, Alexandria Kozak
GGU Law Review Blog
The practice of coparenting has long been fraught with difficulties and disagreements. The Covid-19 pandemic has compounded these difficulties. With the increased politization that surrounded the pandemic, vaccination became a particularly polarizing issue. So, what is a parent to do if they wish to vaccinate their child, but their coparent will not agree? This issue has found its way to many courts in the last few years.