Law Commons^™

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.

Sb320: A Call To Arms For Victims Of Domestic Violence, Golden Gate University School Of Law

GGU Law Review Blog

Under California law, a person restrained by any domestic violence protection order is prohibited from owning, possessing, purchasing, receiving, or attempting to purchase or receive a firearm while the order is in effect. According to the Armed Prohibited Persons System (APPS), over 23,000 restricted people are armed in California. This number reflects only the number of known registered firearms in the state. Of these 23,000 restricted people, special agents recovered 1,243 prohibited firearms last year — 778 of those firearms were identified in APPS; however, 465 were previously unknown.

Senate Bill 320 purports to redress the inadequacy of current practice …

Children In Foster Care: The Odds Are Against Them, Shawna Doughman

GGU Law Review Blog

Most child welfare reports that lead to removal of children from their homes are filed for neglect rather than abuse. Often, their parents want to take care of them, but are failing for one reason, or for many. Nonetheless, the lion’s share of the $30 billion annual budget of state and federal child welfare funding goes overwhelmingly to foster care and adoption services which remove the children from their parents, instead of to helping those families care for their own children.

THE S

De-Categorizing Child Abuse - Equally Devastating Acts Require Equally Solicitous Statutes Of Limitations, Rosemary La Puma

Publications

News reports of childhood sexual abuse by Catholic priests initially shocked and subsequently angered the public. Emboldened by the public's reaction toward sexual abusers, survivors attempted to confront their abusers in civil court. Jurisdictions adjudicated these claims if they were brought within two years of reaching the age of majority. Yet, survivors often did not recognize the damage done to them until several years after they reached the age of majority. And by the time they did, the two-year statute of limitations had passed. In the late 1980s and early 1990s, survivors lobbied state legislatures to extend. the time within …

Children’S Voices In Family Law Conflicts, Benedetta Faedi Duramy, Tali Gal

Publications

Children are commonly recognized as separate human beings with individual views and wishes worthy of consideration. Their ability to freely express these views and wishes constitutes the concept of child participation, defined by Article 12 of the United Nations Convention on the Rights of the Child as the right of children capable of forming their own views to be able to express themselves freely in all matters affecting their lives. Children should particularly be provided with the opportunity to be heard in any judicial and administrative proceedings pertaining to them, either directly or through appropriate representatives, and with necessary precautions …

Must Judges Follow Children’S Wishes Over Their Custody?, Benedetta Faedi Duramy

Publications

Across countries and jurisdictions, allowing children to voice their preferences in family disputes is beneficial for all parties involved. Judges find it useful to complement and corroborate facts and information of a case, parents learn how their children are coping with the current situation, and, finally, children end up being more satisfied with the process and adjusting better to the outcome. Giving children a say over their custody empowers them, fosters their sense of control, and contributes to their best interest. Those who are not invited to express their views, instead, become disappointed, frustrated and resentful.

California Putative Spouses: The Innocent, The Guilty, And The Law, Helen Y. Chang

Publications

This Article traces the historical roots of the putative spouse doctrine, its codification in California, its application in California, and recommends that California adopt a pure putative spouse system and simply include putative spouses as legal spouses for all purposes as it has done for registered domestic partners. To allow some but not all of the incidents of marriage to putative spouses is confusing, sometimes inequitable, and contrary to the expectations of the innocent spouse. California has a history of piecemeal legislation in family law without consideration of varying consequences and without regard to the historical purpose and policy of …

Remove Time Limits On Reunification; Choose Guardianship Over Adoption, Stephen Butts

GGU Law Review Blog

No abstract provided.

Marriage And The Court: San Francisco's Role In The Debate, Kathleen Morris

Publications

No abstract provided.

Proposition 8 Oral Arguments, Cassie Heuckroth

GGU Law Review Blog

No abstract provided.

Friends In Low Places, Cassie Heuckroth

GGU Law Review Blog

Found on the blog at: http://ggulawreview.org/2013/03/20/friends-in-low-places/

Hollingsworth V. Perry: United States Supreme Court Grants Certiorari To Hear The ‘Prop 8′ Case, Executive Online Editor

GGU Law Review Blog

No abstract provided.

Engendering A Clinic: Lessons Learned From A Domestic Violence Clinical Course In Qatar, Stephen A. Rosenbaum, Mary Pat Treuthart

Publications

Domestic violence, a serious problem around the world, remains a hidden concern among the Islamic Gulf States. Yet signs indicate the situation is changing. A team of American lawyers and professors, responding to student initiative and the Qatari development strategy, recently initiated Qatar’s first law school clinic, focusing exclusively on domestic violence. By highlighting the students’ experience, this article outlines the issues involved and the problems that were encountered, and resolved, during the development of this clinic. The students first studied the issue of domestic violence, then made presentations to the larger community to raise awareness of the topic. Subsequent …

Save Our Children: Overcoming The Narrative That Gays And Lesbians Are Harmful To Children, Anthony S. Niedwiecki

Publications

This paper focuses on how gay rights activists had no real choice but to use the court system to advance marriage rights for same-sex couples because they were unable to use the political process to effectively rebut the claim that gays and lesbian were harmful to children. Part I begins with an overview of the ways in which the initiative process has been used to limit gay rights and prevent marriage equality. It then details how, in contrast to the political process, courts have been more receptive to advancing marriage rights for same-sex couples. Part II details Walter Fisher's narrative …

Judicial Developments In The Application Of International Law To Domestic Violence, Benedetta Faedi Duramy

Publications

Traditionally, international law understood the concept of state accountability only in the context of human rights violations imputed to the government or any of its agents." Because domestic violence is comprised of acts committed by private individuals, these crimes have long been deemed to fall outside the scope of state accountability. More recently, however, the concept of state accountability has been expanded to include not only state actions, but also-and more importantly-state omissions and failures to take appropriate steps to protect women from domestic violence. Therefore, in addition to preventing through its own agents the commission of violence against women, …

Gay-Friendly Legal Scholars Highly Optimistic In Prop. 8 Trial, Joe Eskenazi

Articles About Faculty

No abstract provided.

I Now Pronounce You Incorporated: A Novel Approach To Same‐Sex Marriage, Joe Eskenazi

Articles About Faculty

No abstract provided.

The Slip And Fall Of The California Legislature In The Classification Of Personal Injury Damages At Divorce And Death, Helen Y. Chang

Publications

Part I of this Article provides an overview of California's no-fault divorce reform, its haphazard development of community property laws, and the problems with the current statute classifying personal injury damages as community property during marriage and assigning those damages to the injured spouse at divorce, unless the interests of justice require an alternate disposition. Part II discusses the treatment and classification of personal injury damages in the eight other community property states and also offers a brief historical explanation of each state's community property origins. Part III concludes that the California legislature should amend the statute to classify personal …

The Double Weakness Of Girls: Discrimination And Sexual Violence In Haiti, Benedetta Faedi Duramy

Publications

This Note is about poverty, inequality, and sexual violence. Using empirical research, it explores cultural beliefs, practices of abuse, and criminal justice responses to the widespread and systematic rape affecting girls in the shantytowns of Port-au-Prince, Haiti. Dominated by the vestiges of the French colonization and plagued by destitution and political instability, Haiti faces rampant violence and disarray leaving the majority of its population in unbearable conditions of despair. Often regarded as a pariah state by the international community and erratically supported or invaded by foreign players, Haiti remains a forgotten country despoiled by human rights violations, decadence, and turmoil.

Californla Department Of Child Support Services Strategic Plan, 2006-2009, Department Of Child Support Services

California Agencies

Since the California Department of Child Support Services began operations in 2000, the child support program has evolved from a decentralized system administered by local district attorneys to a statewide program operated by 52 local child support agencies overseen by the state. These changes have strengthened and enhanced our ability to deliver uniform, high quality services to families across California. Continuous improvement in program performance, implementation of federal automation requirements, and enhanced customer service are at the core of our operation. To guide this effort, I am pleased to share with you the California Child Support Services Program 2006-2009 Strategic …

Sex, Lies, And Honor In Italian Rape Law, Rachel A. Van Cleave

Publications

No abstract provided.

My Father Is A Woman, Oh No!: The Failure Of The Courts To Uphold Individual Substantive Due Process Rights For Transgender Parents Under The Guise Of The Best Interests Of The Child, Helen Chang

Publications

Under the guise of the "best interest of the child," courts have denied biological and legal parents both custody and visitation rights over their children because these parents were either in the process of changing, or had completed a change, in their sexual and/or gender identity. One court has even terminated the parent-child relationship because of a parent's transgender status. This article proposes that a parent's transgender status does not render that parent per se unfit for custody and/or visitation. Rather, a parent's gender change should be used as merely one factor within the nexus test used by the court …

The Non-Discrimination Principle And Its Effect On The Education Of Roma Children In The Czech Republic, Leslie Burton

Publications

All states ratifying the Convention on the Rights of the Child (CRC) are bound to comply with Article 2, which requires States Parties to respect the rights of all children, without discrimination of any kind. In the Czech Republic, however, there is systematic discrimination against the Roma (also referred to as Gypsies). As a result, Roma children are not getting the education they are ensured under Article 28 of the CRe. The Czech Republic has tried, and continues to try, different methods to resolve the problem and to comply with the CRe. This essay will explore the nature of the …

The Judicial Process For Victims Of Domestic Violence, And The Health Impact Of Domestic Violence, Assembly Select Committee On Domestic Violence

California Assembly

No abstract provided.

Juvenile Dependency, Assembly Committee On Judiciary

California Assembly

No abstract provided.

Child Support: The K Factor And The Guideline, Assembly Committee On Judiciary

California Assembly

No abstract provided.

Summary Report On Hearing On Child Custody, Senate Select Committee On Women In The Workforce

California Senate

No abstract provided.

Commercial And Noncommercial Surrogate Parenting, Joint Legislative Committee On Surrogate Parenting

California Joint Committees

No abstract provided.

Senate Task Force On Family Relations Court - Final Report - November 1990, Senate Task Force On Family Relations Court

California Senate

This is the final report of Senate Task Force on Family Relations Court. The Task Force was created to study analyze the structure of the Superior Court, and to· develop recommendations for revisions of the existing court system to the Judicial Council and the Senate Committee on Rules.

Hearing On Child Support, Women Legislators Caucus

California Agencies

No abstract provided.