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Family Law

1999

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Articles 1 - 30 of 49

Full-Text Articles in Law

Comment On Property And Divorce, A, Carol Weisbrod Oct 1999

Comment On Property And Divorce, A, Carol Weisbrod

Faculty Articles and Papers

No abstract provided.


Children's Interests In A Family Context - A Cautionary Note, James G. Dwyer Oct 1999

Children's Interests In A Family Context - A Cautionary Note, James G. Dwyer

Faculty Publications

No abstract provided.


Family Law In The Age Of Distrust, Carl E. Scheider Jun 1999

Family Law In The Age Of Distrust, Carl E. Scheider

Articles

I have been invited to examine the relationship between American culture and American family law at the end of the century. No doubt I was foolish to accept the invitation, since the topic can hardly be sketched, much less discussed, within the compass of even a lengthy article. On the other hand, that happy fault forces me to accept the luxury of writing a speculative essay and of eschewing the footnotes that are the misery (and majesty) of the academic lawyer. But even thus set free I am still enchained. Family law is shaped by more cultural forces than I …


From Representing Clients To Serving Recipients: Transforming The Role Of The Iv-D Child Support Enforcement Attorney, Barbara Glesner Fines Apr 1999

From Representing Clients To Serving Recipients: Transforming The Role Of The Iv-D Child Support Enforcement Attorney, Barbara Glesner Fines

Faculty Works

Attorneys for the poor are being asked to serve more clients for less money and with more restrictions on their practice than ever before. These restrictions, both on amounts and uses of funds, influence the attorney's independent professional judgment. Determining when that influence is inappropriate becomes a difficult practical and ethical issue. Is this issue resolved if one simply reconceptualizes the role of the entities and individuals involved? What if the government becomes the client and the individual receiving legal services becomes something other than a client? Examining the development of governmental funding of child support enforcement, one finds just …


Evidence For The Family Lawyer, Steve Leben Mar 1999

Evidence For The Family Lawyer, Steve Leben

Faculty Works

No abstract provided.


Rules, Responsibility And Commitment To Children: The New Language Of Morality In Family Law, Jane C. Murphy Jan 1999

Rules, Responsibility And Commitment To Children: The New Language Of Morality In Family Law, Jane C. Murphy

All Faculty Scholarship

Part One of this Article explores the meaning of morality by briefly reviewing a variety of attempts to explore the meaning of moral conduct. This Section draws on a variety of contemporary moral philosophers who have built on the classical tradition to develop a broader definition of moral behavior. This discussion provides a context for the current debate about the meaning of morality in family law and moral discourse in the no-fault era. Part One also reviews the historical debate about how law should strike a balance between promoting communitarian values and respecting autonomy and individual rights. The Article argues …


Substance Abuse, Families, And Unified Family Courts: The Creation Of A Caring Justice System, Barbara A. Babb, Judith D. Moran Jan 1999

Substance Abuse, Families, And Unified Family Courts: The Creation Of A Caring Justice System, Barbara A. Babb, Judith D. Moran

All Faculty Scholarship

This article proposes an approach to family law decision-making tailored to assist families plagued by substance abuse. Substance abuse is linked to social, health, and economic problems facing Americans today and is a factor for a substantial number of family law litigants. By failing to address substance abuse issues, the family repeatedly may need to seek court intervention. The unified family court model is the concept of a single court that coordinates the work of independent agencies and tribunals, each with some limited role in resolving the problems incident to a family's legal matters. Professor Babb has created an interdisciplinary …


Cloning And The Preservation Of Family Integrity, David Orentlicher Jan 1999

Cloning And The Preservation Of Family Integrity, David Orentlicher

Scholarly Works

No abstract provided.


Protection, Privatization And Profit In The Foster Care System, Susan Vivian Mangold Jan 1999

Protection, Privatization And Profit In The Foster Care System, Susan Vivian Mangold

Journal Articles

No abstract provided.


Adoption, Identity, And The Constitution: The Case For Opening Closed Records, Naomi R. Cahn, Jana B. Singer Jan 1999

Adoption, Identity, And The Constitution: The Case For Opening Closed Records, Naomi R. Cahn, Jana B. Singer

Faculty Scholarship

No abstract provided.


Still Hostile After All These Years? Gender, Work & Family Revisited, Jana B. Singer Jan 1999

Still Hostile After All These Years? Gender, Work & Family Revisited, Jana B. Singer

Faculty Scholarship

No abstract provided.


Interdependencies, Families, And Children, Karen Czapanskiy Jan 1999

Interdependencies, Families, And Children, Karen Czapanskiy

Faculty Scholarship

No abstract provided.


From Property To Personhood: What The Legal System Should Do For Children In Family Violence Cases, Leigh S. Goodmark Jan 1999

From Property To Personhood: What The Legal System Should Do For Children In Family Violence Cases, Leigh S. Goodmark

Faculty Scholarship

No abstract provided.


Note: English Child Custody Law, 1660-1839: The Origins Of Judicial Intervention In Parental Custody, Sarah Abramowicz Jan 1999

Note: English Child Custody Law, 1660-1839: The Origins Of Judicial Intervention In Parental Custody, Sarah Abramowicz

Law Faculty Research Publications

Many legal historians see pre-1839 English child custody law as consisting of near-absolute paternal rights. These historians believe that the weakening of fathers' rights began with the 1839 Custody of Infants Act, which created certain maternal custody rights. Other historians have noted that paternal custody was qualified even before 1839 by the Court of Chancerys application of the doctrine of parens patriae. This Note tells a different story and argues that the origin of incursions into the so-called "empire of the father" was the 1660 Tenures Abolition Act, a statute that ironically seemed designed to strengthen fathers' rights. The …


Domestic Violence, Substance Abuse And Child Welfare: The Legal System's Response, Jane C. Murphy, Margaret J. Potthast Jan 1999

Domestic Violence, Substance Abuse And Child Welfare: The Legal System's Response, Jane C. Murphy, Margaret J. Potthast

All Faculty Scholarship

This Article begins by exploring and documenting the connections between domestic violence, substance abuse, and child abuse. Part II of the Article examines the legal system's response to child protection cases in which maternal abuse and, in some cases, substance abuse are present. This section begins by describing the shifting theories underlying child welfare in this country. It then contrasts these theories with child welfare practice by reporting the results of a study of eighty-five Child in Need of Assistance (CINA) cases in four jurisdictions in Maryland. Although the study examines a limited sample, the cases examined confirm the strong …


Is There Justice In Children's Rights?: The Critique Of Federal Family Preservation Policy, Dorothy E. Roberts Jan 1999

Is There Justice In Children's Rights?: The Critique Of Federal Family Preservation Policy, Dorothy E. Roberts

All Faculty Scholarship

No abstract provided.


Modern Coverture: Old Wine In Old Bottles, William P. Lapiana Jan 1999

Modern Coverture: Old Wine In Old Bottles, William P. Lapiana

Articles & Chapters

No abstract provided.


Family Law And Gay And Lesbian Family Issues In The Twentieth Century, Nancy Polikoff, David Chambers Jan 1999

Family Law And Gay And Lesbian Family Issues In The Twentieth Century, Nancy Polikoff, David Chambers

Articles in Law Reviews & Other Academic Journals

Over the past thirty years, lesbians and gay men have increasingly challenged conventional definitions of marriage and the family. In this brief article, the authors tell the story of gay people and family law in the United States across this period. They divide their discussion into two sections: issues regarding the recognition of the same-sex couple relationship and issues regarding gay men and lesbians as parents. These issues overlap, of course, but since family law discussions commonly treat adult-adult issues of all sorts separately from parent-child issues, the authors believe it convenient and helpful to do so as well.


A Lesbian-Centered Critique Of Second-Parent Adoptions, Julie Shapiro Jan 1999

A Lesbian-Centered Critique Of Second-Parent Adoptions, Julie Shapiro

Faculty Articles

When lesbian couples start families, one woman often begins with all the legal entitlements of parenthood, either by giving birth or by virtue of adopting a child, while the other woman has no legal rights. She is a non-legal parent. Absent legal rights she suffers many critical disadvantages. Second-parent adoptions have been developed to allow lesbians to create families with two-legal parents. They have been widely hailed as a solution to the problem of the non-legal parent. This article argues, however, that for many women they may actually make matters worse. Because some women can use second-parent adoptions, women who …


Adoption In The Progressive Era: Preserving, Creating, And Re-Creating Families, Joanna L. Grossman, Chris Guthrie Jan 1999

Adoption In The Progressive Era: Preserving, Creating, And Re-Creating Families, Joanna L. Grossman, Chris Guthrie

Faculty Journal Articles and Book Chapters

No abstract provided.


De Facto Parents And The Unfulfilled Promise Of The New Ali Principles, Julie Shapiro Jan 1999

De Facto Parents And The Unfulfilled Promise Of The New Ali Principles, Julie Shapiro

Faculty Articles

Alternative families - those that do not fit the classic nuclear family model - have been the focus of legal reform over the last twenty years. The American Law Institute has produced model legislation recognizing de facto parents as holders of some limited rights. To some this is a more flexible regime that would benefit non-nuclear families, in particular lesbian families. This article critiques the ALI draft, demonstrating that its promise is largely illusory.


Child Care And Federal Tax Policy (Symposium: Women, Equity And Federal Tax Policy: Open Questions), Ann F. Thomas Jan 1999

Child Care And Federal Tax Policy (Symposium: Women, Equity And Federal Tax Policy: Open Questions), Ann F. Thomas

Articles & Chapters

No abstract provided.


Adoption In The Progressive Era: Preserving, Creating, And Re-Creating Families, Chris Guthrie, Joanna L. Grossman Jan 1999

Adoption In The Progressive Era: Preserving, Creating, And Re-Creating Families, Chris Guthrie, Joanna L. Grossman

Vanderbilt Law School Faculty Publications

The history of adoption law and practice has received scant attention from legal scholars and historians. Most of what little scholarship there is focuses on the history of adoption to the mid-nineteenth century, when the first adoption statutes emerged in the United States. Although the enactment of these statutes has been hailed as "an historic moment in the history of Anglo-American family and society" and "the most far-reaching innovation of nineteenth-century custody law," few scholars have made an effort to document the actual operation of adoption law following the enactment of these landmark statutes. This article does just that. Drawing …


Count The Brown Faces: Where Is The “Family” In The Family Law Of Child Protective Services, Ana M. Novoa Jan 1999

Count The Brown Faces: Where Is The “Family” In The Family Law Of Child Protective Services, Ana M. Novoa

Faculty Articles

Can a system developed from intrusion into the lives of the poor be reconstituted to provide services that will nurture the quality of the lives of all children? If not, then the system should be scrapped and start over. 
Child Protective Services (CPS) has never recovered from its roots in distrust and discrimination against the poor and its mistaken defense of a false moral high-ground, which is perceived from the narrow focus of child-saving rather than on the legitimate and long term needs of children. The foster care system’s lack of concern for natural parents reflects centuries of a dual …


The Defense Of Traditional Marriage, George W. Dent Jan 1999

The Defense Of Traditional Marriage, George W. Dent

Faculty Publications

This article reviews the possible justifications for legal recognition of marriage and finds some, such as encouraging stable, loving relationships, unpersuasive. However, other rationales-including protecting children, socializing adults, and promoting individual happiness-are valid, and these rationales apply only to traditional marriages. Accordingly, society has strong reasons to favor traditional marriage and to deny such treatment to the unmarried and to homosexual, endogamous and bestial relationships.


Who Determines Children's Best Interests?, Michael Grossberg Jan 1999

Who Determines Children's Best Interests?, Michael Grossberg

Articles by Maurer Faculty

No abstract provided.


When Equal Opportunity Meets Freedom Of Expression: Student-On-Student Sexual Harassment And The First Amendment In School, Kay P. Kindred Jan 1999

When Equal Opportunity Meets Freedom Of Expression: Student-On-Student Sexual Harassment And The First Amendment In School, Kay P. Kindred

Scholarly Works

Sexual harassment can take a variety of forms. It can be verbal, nonverbal or physical. Often it takes the form of hateful and harassing speech. In the AAUW Survey, 76% of the girls and 56 % of the boys surveyed had been the target of sexual comments, jokes, gestures or looks. Even when the harassment includes physical contact of some nature, it is typically accompanied or preceded by verbal harassment. While school officials and parents look for solutions to these problems, courts are struggling with the questions as well. In recent years, the problem of student-on-student sexual harassment has found …


Suffer The Little Children: Justifying Same-Sex Marriage From The Perspective Of A Child Of The Union, Lewis A. Silverman Jan 1999

Suffer The Little Children: Justifying Same-Sex Marriage From The Perspective Of A Child Of The Union, Lewis A. Silverman

Scholarly Works

No abstract provided.


Child Care In The Postwelfare Reform Era: Analysis And Strategies For Advocates, Rebecca L. Scharf, Jo Ann C. Gong, Alice Bussiere, Jennifer Light, Marc Cohan, Sherry Leiwant Jan 1999

Child Care In The Postwelfare Reform Era: Analysis And Strategies For Advocates, Rebecca L. Scharf, Jo Ann C. Gong, Alice Bussiere, Jennifer Light, Marc Cohan, Sherry Leiwant

Scholarly Works

Adequate child care is essential to enable poor women to support their families with work outside the home. In 1994 the U.S. General Accounting Office found that offering a child care subsidy to poor mothers increased the likelihood by 15 percent that the mothers would work. An Illinois study found that 20 percent of parents who left public assistance for work returned to assistance because of child care problems. In Minnesota a study found that lack of child care caused 14 percent of parents awaiting child care subsidies to leave their jobs and rely on public assistance. These studies confirm …


Poverty, Race, And New Directions In Child Welfare Policy, Dorothy E. Roberts Jan 1999

Poverty, Race, And New Directions In Child Welfare Policy, Dorothy E. Roberts

All Faculty Scholarship

No abstract provided.