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Articles 1 - 30 of 87
Full-Text Articles in Law
Mental Health Care And Intimate Partner Violence: Unasked Questions, Delaney E. Anderson, Richard C. Boldt
Mental Health Care And Intimate Partner Violence: Unasked Questions, Delaney E. Anderson, Richard C. Boldt
Faculty Scholarship
There is significant overlap between the group of people who experience trauma, including domestic or intimate partner violence, and those who are hospitalized for severe mental illness. In recent years there has been a growing awareness in the mental health treatment community of the prevalence of trauma among individuals with behavioral health problems. Despite the strong evidence of elevated rates of exposure to domestic or intimate partner violence among individuals experiencing mental illness (including depression, anxiety, and posttraumatic stress disorder), mental health professionals often do not effectively address this co-occurring factor in assessing and treating their clients or patients. The …
Juvenile In Justice: A Look At Maryland's Practice Of Incarcerating Children Without A Jury Trial, Kelsey Robinson
Juvenile In Justice: A Look At Maryland's Practice Of Incarcerating Children Without A Jury Trial, Kelsey Robinson
Maryland Law Review Online
No abstract provided.
Mother. Orator. Woman Suffrage Leader: The Feminist Legacy Of Elizabeth Cady Stanton, Paula A. Monopoli
Mother. Orator. Woman Suffrage Leader: The Feminist Legacy Of Elizabeth Cady Stanton, Paula A. Monopoli
Faculty Scholarship
No abstract provided.
Reflections On “Innovations In Family Dispute Resolution”, Deborah Thompson Eisenberg
Reflections On “Innovations In Family Dispute Resolution”, Deborah Thompson Eisenberg
Maryland Law Review Online
No abstract provided.
Moving Family Dispute Resolution From The Court System To The Community, Jane C. Murphy, Jana B. Singer
Moving Family Dispute Resolution From The Court System To The Community, Jane C. Murphy, Jana B. Singer
Maryland Law Review Online
No abstract provided.
Reflections On "Innovations In Family Dispute Resolution", Deborah Thompson Eisenberg
Reflections On "Innovations In Family Dispute Resolution", Deborah Thompson Eisenberg
Faculty Scholarship
No abstract provided.
Drinking From The Data Well: Response To Gamete Donor Anonymity And Limits On Numbers Of Offspring: The Views Of Three Stakeholders, Martha M. Ertman
Drinking From The Data Well: Response To Gamete Donor Anonymity And Limits On Numbers Of Offspring: The Views Of Three Stakeholders, Martha M. Ertman
Faculty Scholarship
No abstract provided.
"Law And Justice Are Not Always The Same": Creating Community-Based Justice Forums For People Subjected To Intimate Partner Abuse, Leigh S. Goodmark
"Law And Justice Are Not Always The Same": Creating Community-Based Justice Forums For People Subjected To Intimate Partner Abuse, Leigh S. Goodmark
Faculty Scholarship
What constitutes justice in cases involving intimate partner abuse has historically been determined not by the person subjected to abuse, but rather an actor within the legal system—a police officer, a prosecutor, an advocate, or a judge—and those individuals most often define justice in terms of what the legal system has to offer. People subjected to abuse may conceive of justice quite differently, however, in ways that the legal system is not well suited to address. For people subjected to abuse who are interested in punishment, whose goals are congruent with the legal system’s goals of safety and accountability (as …
Hands Up At Home: Militarized Masculinity And Police Officers Who Commit Intimate Partner Abuse, Leigh S. Goodmark
Hands Up At Home: Militarized Masculinity And Police Officers Who Commit Intimate Partner Abuse, Leigh S. Goodmark
Faculty Scholarship
The deaths of Michael Brown and Eric Garner and the almost daily news stories about abusive and violent police conduct are currently prompting questions about the appropriate use of force by police officers. Moreover, the history of police brutality directed towards women is well documented. Most of that literature, however, captures the violence that police do in their public capacity, as officers of the state. This article examines the violence and abuse perpetrated by police in their private lives, against their intimate partners, although the public and private overlap significantly to the extent that the power and training provided to …
Marital Contracting In A Post-Windsor World, Martha M. Ertman
Marital Contracting In A Post-Windsor World, Martha M. Ertman
Faculty Scholarship
No abstract provided.
The Social Life Of Blood, Milk & Sperm, Martha M. Ertman
The Social Life Of Blood, Milk & Sperm, Martha M. Ertman
Faculty Scholarship
No abstract provided.
Bargaining In The Shadow Of The Best-Interests Standard: The Close Connection Between Substance And Process In Resolving Divorce-Related Parenting Disputes, Jana B. Singer
Faculty Scholarship
This essay, written for a Symposium celebrating the child custody scholarship of Professor Robert Mnookin, examines the close connection between changes in substantive child custody doctrine and changes in custody dispute resolution processes over the past 30 years. Part I of the article explores how the widespread adoption of an unmediated “best interest of the child” standard, and the ensuing rejection of the sole custody paradigm, precipitated a shift from adversarial to non-adversarial resolution of divorce-related parenting disputes. Part II of the essay reverses the direction of the analytic lens and considers how the shift from adversarial to non-adversarial dispute …
Unexpected Links Between Baby Markets And Intergenerational Justice, Martha M. Ertman
Unexpected Links Between Baby Markets And Intergenerational Justice, Martha M. Ertman
Faculty Scholarship
Intergenerational justice does not require increased government regulation of reproductive technologies in the United States. Arguments tarring reproductive technologies as unnatural or immoral fail to withstand close scrutiny, and moreover ignore competing moral concerns like the liberty and equality of people to form families in different ways, as well as the interests of children born via assisted reproduction in having their families recognized just as coitally conceived children’s families are recognized. Embryo markets, in contrast, might present different challenges, requiring a separate analysis of their potential impact on intergenerational justice.
Transgender People, Intimate Partner Abuse, And The Legal System, Leigh S. Goodmark
Transgender People, Intimate Partner Abuse, And The Legal System, Leigh S. Goodmark
Faculty Scholarship
The unique experiences of transgender persons subjected to abuse have not been the focus of legal scholarship; instead, the experiences of transgender people are often subsumed in the broader discourse around domestic violence in the lesbian, gay, bisexual, and transgender (LGBT) community. This dearth of legal scholarship is not surprising given how little research of any kind exists on how transgender people experience intimate partner abuse. This is the first law review article to concentrate specifically on intimate partner abuse and the transgender community. The Article begins by discussing the difficulties of engaging in scholarship around this topic, noting the …
The Future Of Family, Max D. Siegel
The Future Of Family, Max D. Siegel
Student Articles and Papers
The State organizes society into families, implicating and often ignoring various liberty and equality interests while fortifying a “traditional” family structure comprised of one man, one woman, and their mutually and exclusively conceived offspring. This structure has historically benefited the heterosexual elite within the United States, but modern advancements for sexual minorities suggest a new standard for State recognition of family. Queer liberation will erase the traditional family by rewriting its legal and social dimensions, resulting in laws and policies that track more closely with familial bonds outside a heteronormative, man-woman binary. This Article explores the ramifications of enhanced queer …
Disabled Kids And Their Moms: Caregivers And Horizontal Equity, Karen S. Czapanskiy
Disabled Kids And Their Moms: Caregivers And Horizontal Equity, Karen S. Czapanskiy
Faculty Scholarship
No abstract provided.
Clinical Cognitive Dissonance: The Values And Goals Of Domestic Violence Clinics, The Legal System, And The Students Caught In The Middle, Leigh S. Goodmark
Clinical Cognitive Dissonance: The Values And Goals Of Domestic Violence Clinics, The Legal System, And The Students Caught In The Middle, Leigh S. Goodmark
Faculty Scholarship
No abstract provided.
Surviving Castle Rock: The Human Rights Of Domestic Violence, Max D. Siegel
Surviving Castle Rock: The Human Rights Of Domestic Violence, Max D. Siegel
Student Articles and Papers
In 2005, the Supreme Court of the United States decided Town of Castle Rock v. Gonzales and held that Jessica Gonzales did not have a constitutional right to police enforcement of a restraining order. The decision highlighted the Court’s reluctance to recognize citizens’ affirmative rights, fortifying a deeply ingrained conceptualization of the Constitution of the United States as a “Negative Constitution” that creates a government with restraints on its actions and extremely limited obligations to its citizens. In August 2011, the Inter-American Commission on Human Rights released a report publicizing its finding that by failing to take affirmative measures to …
Black V. Simms: A Lost Opportunity To Benefit Children By Preserving Sibling Relationships When Same-Sex Families Dissolve, Natalie Amato
Black V. Simms: A Lost Opportunity To Benefit Children By Preserving Sibling Relationships When Same-Sex Families Dissolve, Natalie Amato
Student Articles and Papers
No abstract provided.
Legislating After Janice M.: The Constitutionality Of Recognizing De Facto Parenthood In Maryland, Rachel Simmonsen
Legislating After Janice M.: The Constitutionality Of Recognizing De Facto Parenthood In Maryland, Rachel Simmonsen
Student Articles and Papers
No abstract provided.
Chalimony: Seeking Equity Between Parents Of Children With Disabilities And Chronic Illnesses, Karen Czapanskiy
Chalimony: Seeking Equity Between Parents Of Children With Disabilities And Chronic Illnesses, Karen Czapanskiy
Faculty Scholarship
Many thousands of children experience serious disabling conditions such as autism and debilitating chronic illnesses such as asthma. Caring for these children is often so demanding that caregiving parents cannot remain employed outside the home. Parental resources available to these children are also limited because an unusually high percentage of them live with only one parent. Nonetheless, surprisingly few cases involving families with a disabled or chronically ill child appear in the family law case law or scholarly literature. Even where child support and alimony are concerned, these families are seen only at the margins.
In my recent article, I …
Theories Of Discrimination & Gay Marriage, Adam Farra
Theories Of Discrimination & Gay Marriage, Adam Farra
Maryland Law Review Online
No abstract provided.
Dispute Resolution And The Post-Divorce Family: Implications Of A Paradigm Shift, Jana B. Singer
Dispute Resolution And The Post-Divorce Family: Implications Of A Paradigm Shift, Jana B. Singer
Faculty Scholarship
Over the past two decades, there has been a paradigm shift in the way the legal system handles most family disputes – particularly disputes involving children. This paradigm shift has replaced the law-oriented and judge-focused model of adjudication with a more collaborative, interdisciplinary and forward-looking family dispute resolution regime. It has also transformed the practice of family law and fundamentally altered the way in which disputing families interact with the legal system. This essay examines the elements of this paradigm shift in family dispute resolution and explores the opportunities and challenges it offers for families, children and the legal system.
For Both Love And Money: Viviana Zelizer's "The Purchase Of Intimacy", Martha M. Ertman
For Both Love And Money: Viviana Zelizer's "The Purchase Of Intimacy", Martha M. Ertman
Faculty Scholarship
Viviana Zelizer’s recent book, The Purchase of Intimacy (2005) presents an innovative theory of how social and legal actors negotiate rights and obligations when money changes hands in intimate relationships--a perspective that could change how we understand many things, from valuations of homemaking labor to the 9/11 Victim Compensation Fund. This essay describes Zelizer’s critique of the reductionist “Hostile Worlds” and “Nothing But” approaches to economic exchange in intimate relationships, then explains her more three-dimensional approach, “Connected Lives.” While Zelizer focuses on family law, the essay goes beyond that context, extending Zelizer’s approach to transfers of genetic material, and concluding …
Providing Interdisciplinary Services To At-Risk Families To Prevent The Placement Of Children In Foster Care, Deborah J. Weimer
Providing Interdisciplinary Services To At-Risk Families To Prevent The Placement Of Children In Foster Care, Deborah J. Weimer
Faculty Scholarship
Grandparents need support to take on the responsibility of children whose parents cannot care for them due to drug addiction, mental health issues, HIV illness, or other health problems. Without support and assistance, these families and children are likely to end up enmeshed in the already overburdened child abuse and neglect system. The University of Maryland has created a model program providing social work and legal services to at-risk grandparent families to help avoid the unnecessary placement of these chldren in foster care. In this new program, student attorneys and student social workers worked witn the grandparent client to help …
Going Underground: The Ethics Of Advising A Battered Woman Fleeing An Abusive Relationship, Leigh S. Goodmark
Going Underground: The Ethics Of Advising A Battered Woman Fleeing An Abusive Relationship, Leigh S. Goodmark
Faculty Scholarship
No abstract provided.
Reframing Domestic Violence Law And Policy: An Anti-Essentialist Proposal, Leigh S. Goodmark
Reframing Domestic Violence Law And Policy: An Anti-Essentialist Proposal, Leigh S. Goodmark
Faculty Scholarship
No abstract provided.
Autonomy Feminism: An Anti-Essentialist Critique Of Mandatory Interventions In Domestic Violence Cases, Leigh S. Goodmark
Autonomy Feminism: An Anti-Essentialist Critique Of Mandatory Interventions In Domestic Violence Cases, Leigh S. Goodmark
Faculty Scholarship
No abstract provided.
The Story Of Reynolds V. United States: Federal "Hell Hounds" Punishing Mormon Treason, Martha M. Ertman
The Story Of Reynolds V. United States: Federal "Hell Hounds" Punishing Mormon Treason, Martha M. Ertman
Faculty Scholarship
Part of the “Law Stories” series published by Foundation Press, this chapter in Family Law Stories tells the back story of the 1878 US Supreme Court case Reynolds v. U.S.. While the case held that Mormon polygamy was not protected as the free exercise of religion, this chapter shifts our focus away from sex and religion and toward the Court’s language linking Mormon polygamy with “Asiatic and African” peoples as well as political despotism. This close examination of the historical record shows that 19th century concerns about Mormon separatism – commercial, social and political separatism as well was religious – …
When Is A Battered Woman Not A Battered Woman? When She Fights Back, Leigh S. Goodmark
When Is A Battered Woman Not A Battered Woman? When She Fights Back, Leigh S. Goodmark
Faculty Scholarship
No abstract provided.