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Articles 1 - 30 of 45
Full-Text Articles in Law
First, Do No Harm: The Use Of Covert Video Surveillance To Detect Munchausen Syndrome By Proxy–An Unethical Means Of "Preventing" Child Abuse,, Michael T. Flannery
First, Do No Harm: The Use Of Covert Video Surveillance To Detect Munchausen Syndrome By Proxy–An Unethical Means Of "Preventing" Child Abuse,, Michael T. Flannery
Faculty Scholarship
No abstract provided.
Reproducing A Fit Citizenry: Dependency, Eugenics, And The Law Of Marriage In The United States, Matthew Lindsay
Reproducing A Fit Citizenry: Dependency, Eugenics, And The Law Of Marriage In The United States, Matthew Lindsay
All Faculty Scholarship
Between the Gilded Age and the Progressive Era, American state legislatures enacted a series of new laws that delineated a class of citizens who were deemed ineligible to participate in the institution of marriage. Scholars have characterized this development as evidence that lawmakers had lost faith in a laissez-faire approach to nuptial governance, and thus transformed marriage into an object of public regulation. This essay argues that behind the ostensible nuptial privatism of the mid-nineteenth century lay a self-conscious policy. of judicial governance. Judges invoked the language of nuptial privacy and the common law of contract strategically to advance their …
'M' Is For The Many Things That 'Mother' Means Family Life Has Changed, But Family Law Hasn't Kept Pace, Jane C. Murphy
'M' Is For The Many Things That 'Mother' Means Family Life Has Changed, But Family Law Hasn't Kept Pace, Jane C. Murphy
All Faculty Scholarship
No abstract provided.
Where We Stand: An Analysis Of America's Family Law Adjudicatory Systems And The Mandate To Establish Unified Family Courts, Barbara A. Babb
Where We Stand: An Analysis Of America's Family Law Adjudicatory Systems And The Mandate To Establish Unified Family Courts, Barbara A. Babb
All Faculty Scholarship
The volume and scope of family law cases in contemporary American society, as well as their unending nature both individually and systemically, exacerbate the difficulty of their resolution. To address this crisis, the American Bar Association and others have recommended court reform, specifically, the establishment of unified family courts in all jurisdictions. A unified family court is a single forum within which to adjudicate the full range of family law issues, based on the notion that court effectiveness and efficiency increase when the court resolves a family's legal problems in as few appearances as possible. The model is based on …
The New Marriage Contract And The Limits Of Private Ordering, Gregory S. Alexander
The New Marriage Contract And The Limits Of Private Ordering, Gregory S. Alexander
Cornell Law Faculty Publications
No abstract provided.
Adoption Of Children In Missouri, Mary M. Beck
Adoption Of Children In Missouri, Mary M. Beck
Faculty Publications
The purpose of this Article is to investigate the effect of Missouri law on adoption and to determine whether its provisions adequately protect the parties to adoption and whether its degree of clarity properly forestalls litigation.
"The New Yuppie Female Lawyer": The Impact Of Women On Divorce Law Practice, Lynn M. Mather
"The New Yuppie Female Lawyer": The Impact Of Women On Divorce Law Practice, Lynn M. Mather
Other Scholarship
No abstract provided.
Fashioning An Interdisciplinary Framework For Court Reform In Family Law: A Blueprint To Construct A Unified Family Court, Barbara A. Babb
Fashioning An Interdisciplinary Framework For Court Reform In Family Law: A Blueprint To Construct A Unified Family Court, Barbara A. Babb
All Faculty Scholarship
Family law cases focus on some of the most intimate, emotional, and all-encompassing aspects of parties' personal lives. Based on its study of unmet legal needs of children and their families, the American Bar Association has recommended the establishment of unified family courts in all jurisdictions. This article evaluates how America's courts adjudicate family law matters and advocates systemic change by offering an interdisciplinary ecological and therapeutic approach to the creation of unified family courts. The author presents a comprehensive overview of the results of her nationwide survey determining how each state's courts handle family law matters. The results of …
Assembly Bill To Speed Divorce After Abuse Will Save Many Lives, Bring Needed Reform, Jane C. Murphy
Assembly Bill To Speed Divorce After Abuse Will Save Many Lives, Bring Needed Reform, Jane C. Murphy
All Faculty Scholarship
No abstract provided.
Autonomy Or Community? An Evaluation Of Two Models Of Parental Obligation, Marsha Garrison
Autonomy Or Community? An Evaluation Of Two Models Of Parental Obligation, Marsha Garrison
Faculty Scholarship
No abstract provided.
"Toward A Contractarian Account Of Family Governance", Marsha Garrison
"Toward A Contractarian Account Of Family Governance", Marsha Garrison
Faculty Scholarship
No abstract provided.
Legal Images Of Motherhood: Conflicting Definitions From Welfare "Reform," Family And Criminal Law, Jane C. Murphy
Legal Images Of Motherhood: Conflicting Definitions From Welfare "Reform," Family And Criminal Law, Jane C. Murphy
All Faculty Scholarship
Part I of this Article explores the traditional idealized view of motherhood that child placement statutes and court decisions reflect. These laws include statutes and case law in custody disputes between parents and in child protection proceedings under civil and criminal laws where the dispute is between the parent and the state. Part II contrasts the legal construct of motherhood that child placement laws embody with the legal image of mothers in child support and welfare law.
Part III examines the impact of these conflicting images of motherhood on a particular group of mothers -- battered women. Battered women illuminate …
Susanna And The Elders: A Note On The Regulation Of Families, Carol Weisbrod
Susanna And The Elders: A Note On The Regulation Of Families, Carol Weisbrod
Faculty Articles and Papers
No abstract provided.
Property Rules Meet Feminist Needs: Respecting Autonomy By Valuing Connection, Katharine K. Baker
Property Rules Meet Feminist Needs: Respecting Autonomy By Valuing Connection, Katharine K. Baker
All Faculty Scholarship
No abstract provided.
Kentucky Law Survey: Family Law, Louise Everett Graham
Kentucky Law Survey: Family Law, Louise Everett Graham
Law Faculty Scholarly Articles
This Article addresses some of the family law developments occurring since the Kentucky Law Journal last published a Kentucky law survey. Space limitations preclude discussion of every post-1985 change. Instead, this Article focuses on general trends, significant cases, and legislative developments.
Inquiry into family law developments in Kentucky is timely, not only because of the social importance of family relations, but also because of other contemporaneous efforts at family law reform. The American Law Institute ("ALl") is currently considering a final draft of principles governing family dissolution. That draft, and the discussions that surround its ultimate acceptance or rejection by …
Crime Or Punishment: The Parental Corporal Punishment Defense - Reasonable And Necessary, Or Excused Abuse, Kandice Johnson
Crime Or Punishment: The Parental Corporal Punishment Defense - Reasonable And Necessary, Or Excused Abuse, Kandice Johnson
Faculty Publications
The parental right to use physical force to discipline and restrain children is a privilege firmly rooted in the American system of jurisprudence. This privilege is often asserted as a defense when parents are charged with a crime of aggression against their child. While the privilege to use disciplinary force is universally recognized as a defense in criminal actions, it is equally acknowledged that child abuse is a pervasive reality of American life. This article postulates that current laws, addressing assertion of the parental privilege defense in criminal actions, fail either to provide adequate guidance to parents or to sufficiently …
Commercializing Marriage: A Proposal For Valuing Women's Work Through Premarital Security Agreements, Martha M. Ertman
Commercializing Marriage: A Proposal For Valuing Women's Work Through Premarital Security Agreements, Martha M. Ertman
Faculty Scholarship
No abstract provided.
Reconstructing Marriage: An Intersexional Approach, Martha M. Ertman
Reconstructing Marriage: An Intersexional Approach, Martha M. Ertman
Faculty Scholarship
No abstract provided.
Prosecutorial Use Of Expert Testimony In Domestic Violence Cases: From Recantation To Refusal To Testify, Audrey Rogers
Prosecutorial Use Of Expert Testimony In Domestic Violence Cases: From Recantation To Refusal To Testify, Audrey Rogers
Elisabeth Haub School of Law Faculty Publications
This article discusses the use of expert testimony in prosecuting those charged with domestic abuse. Part I provides a background on the need and nature of expert testimony in domestic violence cases and the requirements for the admission of such expert testimony. It traces the development of the role of expert testimony in domestic violence cases from its initial exclusive use as a defense tool to support self-defense claims to its present use by prosecutors to explain a complainant's recantation or other puzzling behavior. Part II discusses the appellate cases that have addressed the admissibility and scope of expert testimony …
Preliminary Comments On Dark Numbers: Research On Domestic Violence In Central And Eastern Europe, Isabel Marcus
Preliminary Comments On Dark Numbers: Research On Domestic Violence In Central And Eastern Europe, Isabel Marcus
Journal Articles
No abstract provided.
Bargaining In The Shadow Of The Market: Is There A Future For Egalitarian Marriage?, Amy L. Wax
Bargaining In The Shadow Of The Market: Is There A Future For Egalitarian Marriage?, Amy L. Wax
All Faculty Scholarship
No abstract provided.
The Newest Property: Reproductive Technologies And The Concept Of Parenthood, Kermit Roosevelt Iii
The Newest Property: Reproductive Technologies And The Concept Of Parenthood, Kermit Roosevelt Iii
All Faculty Scholarship
No abstract provided.
Family Values And The Bankruptcy Code: A Proposal To Eliminate Bankruptcy Benefits Awarded On The Basis Of Marital Status, A. Mechele Dickerson
Family Values And The Bankruptcy Code: A Proposal To Eliminate Bankruptcy Benefits Awarded On The Basis Of Marital Status, A. Mechele Dickerson
Faculty Publications
No abstract provided.
Joint Custody: Bonding And Monitoring Theories, Margaret F. Brinig, F. H. Buckley
Joint Custody: Bonding And Monitoring Theories, Margaret F. Brinig, F. H. Buckley
Journal Articles
Symposium: Law and the New American Family Held at Indiana University School of Law - Bloomington Apr. 4, 1997
Reform Of Adult Guardianship Law, John E. Donaldson
Reform Of Adult Guardianship Law, John E. Donaldson
Faculty Publications
No abstract provided.
Comparativist Ruminations From The Bayou On Child Custody Jurisdiction: The Uccja, The Pkpa, And The Hague Convention On Child Abduction, Christopher L. Blakesley
Comparativist Ruminations From The Bayou On Child Custody Jurisdiction: The Uccja, The Pkpa, And The Hague Convention On Child Abduction, Christopher L. Blakesley
Scholarly Works
Interstate and international jurisdictional problems are often vexing. They are worse in matters of child custody. In the past, jurisdiction to obtain custody or to modify a custody decree required only presence or domicile. The United States population is transient and custody decisions are subject to modification. The volatility of child custody disputes and the tendency of parents to move to different and separate jurisdictions traditionally caused and continue to cause difficult problems for children, parents, and the legal system. Before the promulgation of the Uniform Child Custody Jurisdiction Act (UCCJA) and the Parental Kidnapping Prevention Act (PKPA), it was …
Spanking And Other Corporal Punishment Of Children By Parents: Undervaluing Children, Overvaluing Pain, David Orentlicher
Spanking And Other Corporal Punishment Of Children By Parents: Undervaluing Children, Overvaluing Pain, David Orentlicher
Scholarly Works
No abstract provided.
The Guardian Ad Litem In Child Custody Cases: The Contours Of Our Judicial System Stretched Beyond Recognition, Raven Lidman, Betsy Hollingsworth
The Guardian Ad Litem In Child Custody Cases: The Contours Of Our Judicial System Stretched Beyond Recognition, Raven Lidman, Betsy Hollingsworth
Faculty Articles
This article discusses the role of the guardian ad litem, as Part I dissects each of the five potential guardian ad litem roles: Lawyer, Expert Witness, investigator/Lay Witness, Mediator/Facilitator, and Party. For each role, this section explores: how the well-known role is typically performed within the court system as a whole; how that role might be performed in a custody case, consistent with its occurrence elsewhere in the judicial system; and how that role, when held by a guardian ad litem, actually is performed in a custody context. Part II endeavors to explain how the guardian ad litem figure has …
Family (Proper)Ty, Richard H. Chused
American Family Law: History -- Whostory, Ana M. Novoa
American Family Law: History -- Whostory, Ana M. Novoa
Faculty Articles
Family law should be rooted in preserving and protecting intimate relationships; instead, it is rooted in preserving those domestic systems that created or expanded the economic empire of the "Founding Fathers," the white males of the colonial northeast. This northeastern colonial perspective continues to underpin most of the basic assumptions in family law. Concurrently, with the increased privatization of the cooperative virtues, Americans have developed an excessive preoccupation with self and a cult of consumerism.
Consumerism has driven American society toward increased individualism and narcissism. A by-product of the increased individual-consumer culture is the mistaken belief that our personal values …