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2002

Family Law

Institution
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Full-Text Articles in Law

Domestic Terror (The Sniper Suspect's Divorce Records Show Patterns Of Power And Control And Missed Opportunities By The System To Intervene.), Jane C. Murphy Dec 2002

Domestic Terror (The Sniper Suspect's Divorce Records Show Patterns Of Power And Control And Missed Opportunities By The System To Intervene.), Jane C. Murphy

All Faculty Scholarship

Over the past few months, we have learned much about the violent, troubled life of sniper suspect John Allen Muhammad. Whether or not he pulled the trigger - some recent reports have pointed to his 17-year-old companion Lee Boyd Malvo as the main shooter - there is no doubt in the minds of domestic-violence experts that this adult is responsible for these deaths.

While many pundits conclude that we will never know what motivated the sniper suspect, to domestic violence experts his is an all-too-familiar story of a man whose relationships with the women and children - possibly including Malvo …


Spruce Run News (Fall 2002), Spruce Run Staff Sep 2002

Spruce Run News (Fall 2002), Spruce Run Staff

Maine Women's Publications - All

No abstract provided.


The First Amendment And "Virtual" Child Pornography, Michael B. Landau Jul 2002

The First Amendment And "Virtual" Child Pornography, Michael B. Landau

Faculty Publications By Year

No abstract provided.


Towards A National Putative Father Registry Database, Mary M. Beck Jul 2002

Towards A National Putative Father Registry Database, Mary M. Beck

Faculty Publications

This Article analyzes putative father registries and proposes federal legislation to create a national database that will enhance and connect the state and local registries. Issues and events leading to the development of registries are reviewed in Part I. Putative father registry mechanics and applicable case law are analyzed in Parts II and III.


Child Care Characteristics And Quality In Nebraska, Carolyn P. Edwards, Lisa Knoche, Abbie Raikes, Helen Raikes, Julia C. Torquati, Brian Wilcox, Lanette Christensen Jun 2002

Child Care Characteristics And Quality In Nebraska, Carolyn P. Edwards, Lisa Knoche, Abbie Raikes, Helen Raikes, Julia C. Torquati, Brian Wilcox, Lanette Christensen

Center on Children, Families, and the Law (and related organizations): Publications

The Midwest Child Care Research Consortium conducted a study of child care quality and characteristics of the child care work force in Nebraska, Iowa, Kansas and Missouri to help states establish a baseline for tracking quality over time, following initiatives, policy and other changes. The measures are not based on Nebraska child care licensing standards. Rather, using research-based measures of quality, they assess the extent to which quality indicators are present among the child care settings and in the work force. The current study included a random telephone survey of 2022 Midwestern child care providers (508 from Nebraska), conducted during …


A Parent’S Right To Choose: The Constitutionality Of Grandparent Visitation According To Troxel V. Granville, Robert A. Sedler Jun 2002

A Parent’S Right To Choose: The Constitutionality Of Grandparent Visitation According To Troxel V. Granville, Robert A. Sedler

Law Faculty Research Publications

No abstract provided.


Institutional Sexual Abuse - Grand Jury Report Cpl §190.85(1)(C), Robert Ewald May 2002

Institutional Sexual Abuse - Grand Jury Report Cpl §190.85(1)(C), Robert Ewald

Faculty Works: Criminal Justice and Legal Studies

A Special Grand Jury was impanelled in 2002-2003 to investigate and make recommendations concerning the Diocesan sexual abuse scandal in Rockville Centre. The Grand Jury issued a report after the presentation by myself and co-counsel in the Suffolk County District Attorney's Office. The Report describes the history of the sexual abuse problem in the Diocese as well as the ensuing coverup. Many of the recommendations were legislatively adopted in Albany.


Self-Definition In The Constitution Of Faith And Family, David D. Meyer Apr 2002

Self-Definition In The Constitution Of Faith And Family, David D. Meyer

Faculty Scholarship

No abstract provided.


Incentives For Hiring Welfare-To-Work Participants, Mary L. Heen Apr 2002

Incentives For Hiring Welfare-To-Work Participants, Mary L. Heen

Law Faculty Publications

The Job Creation and Worker Assistance Act of 2002, signed into law by President Bush on March 9th, extends the Work Opportunity Tax Credit (WOTC) and the Welfare-to-Work Tax Credit (WtW) for two more years. The credits provide employers with tax incentives to hire former long-term welfare recipients and certain other economically disadvantaged workers, a goal that comports with the welfare-to-work focus of welfare reform legislation adopted by Congress in 1996. This article describes these employer tax credits, explains how they have evolved from prior versions of similar targeted tax credits, and considers their operation as tax-delivered subsidies.


Spruce Run News (Spring 2002), Spruce Run Staff Mar 2002

Spruce Run News (Spring 2002), Spruce Run Staff

Maine Women's Publications - All

No abstract provided.


Key Determinants Of A Mother's Decision To File For Child Support, Janice Laakso Mar 2002

Key Determinants Of A Mother's Decision To File For Child Support, Janice Laakso

Social Work & Criminal Justice Publications

About one-third of custodial mothers choose not to pursue a child support award even though It can be a significant source of Income. A qualitative study was conducted with 43 mothers who have each had at least one child In a nonmarital relationship, to learn more about how mothers make the decision to file or not file for child support The findings Indicate that a key determinant In a mother's decision Is the quality of her relationship with the father: A mother is less likely to file when the relationship Is good and more likely to file when the relationship …


What Family For The 21st Century?, David D. Meyer, Harry D. Krause Jan 2002

What Family For The 21st Century?, David D. Meyer, Harry D. Krause

Faculty Scholarship

No abstract provided.


Why They Won't Take The Money: Black Grandparents And The Success Of Informal Kinship Care, Sonia M. Gipson Rankin Jan 2002

Why They Won't Take The Money: Black Grandparents And The Success Of Informal Kinship Care, Sonia M. Gipson Rankin

Faculty Scholarship

In this note, Ms. Gipson Rankin discusses kinship care as an alternative to placing children into foster care. For generations, particularly in the Black community, grandparents and other older relatives have played a crucial role in raising the children of younger relatives when they have become unable or unwilling to raise the children themselves. This system, known as kinship care, has ensured that thousands of American children are cared for and raised by members of their own families. The note explores the history and nature of the kinship care system, and analyzes federal and state policies that impact the system. …


Dealing With Complex Evidence Of Domestic Violence: A Primer For The Civil Bench, Jane C. Murphy, Jane H. Aiken Jan 2002

Dealing With Complex Evidence Of Domestic Violence: A Primer For The Civil Bench, Jane C. Murphy, Jane H. Aiken

All Faculty Scholarship

New laws and policies aimed at protecting victims of domestic violence have been adopted across the country throughout the last twenty years. The legal approaches taken to protect battered women and control family violence have brought about significant changes in family law. New laws include statutes permitting civil protection or restraining orders, and laws requiring that domestic violence be considered in custody and visitation decisions. Both of these types of statutory reforms can provide protection to adult victims of domestic violence and their children. Evaluating a parent’s fitness by considering past acts of violence to other family members results in …


Adult Children And Indigent Parents: Intergenerational Responsibilities In International Perspective, Seymour Moskowitz Jan 2002

Adult Children And Indigent Parents: Intergenerational Responsibilities In International Perspective, Seymour Moskowitz

Law Faculty Publications

No abstract provided.


The Non-Discrimination Principle And Its Effect On The Education Of Roma Children In The Czech Republic, Leslie Burton Jan 2002

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 …


Love And Work: A Response To Vicki Schultz's Life's Work, Martha M. Ertman Jan 2002

Love And Work: A Response To Vicki Schultz's Life's Work, Martha M. Ertman

Faculty Scholarship

No abstract provided.


Parenting In The Face Of Prejudice: The Need For Representation For Parents With Mental Illness, Leigh S. Goodmark Jan 2002

Parenting In The Face Of Prejudice: The Need For Representation For Parents With Mental Illness, Leigh S. Goodmark

Faculty Scholarship

No abstract provided.


The Basics Of Getting Started - Who, What, When, Where, And How?, Leigh S. Goodmark Jan 2002

The Basics Of Getting Started - Who, What, When, Where, And How?, Leigh S. Goodmark

Faculty Scholarship

Before you open the doors of your school-based legal clinic, you need to answer some fundamental questions about how your clinic will operate. This section poses those questions and suggests a range of answers based on the experiences of lawyers who have established and/or are currently working in school-based clinics. Consider it a guide to assist you in getting your own clinic started. For further clarification on specific topics, refer to subsequent sections of the book where they are addressed in more detail.


The Baby Richard Amendments And The Law Of Unintended Consequences, 22 Child. Legal Rts. J. 2 (2002), Diane S. Kaplan Jan 2002

The Baby Richard Amendments And The Law Of Unintended Consequences, 22 Child. Legal Rts. J. 2 (2002), Diane S. Kaplan

UIC Law Open Access Faculty Scholarship

No abstract provided.


Are You My Parent? Are You My Child? The Role Of Genetics And Race In Defining Relationships After Reproductive Technological Mistakes, 5 Depaul J. Health Care L. 15 (2002), Raizel Liebler Jan 2002

Are You My Parent? Are You My Child? The Role Of Genetics And Race In Defining Relationships After Reproductive Technological Mistakes, 5 Depaul J. Health Care L. 15 (2002), Raizel Liebler

UIC Law Open Access Faculty Scholarship

Imagine that you are a married woman who wants to have a genetically related child with your husband. Your doctor tells you that you are infertile, and therefore you and your husband go to XYZ fertility clinic to receive in vitro treatment. You have your eggs harvested, your husband supplies sperm, and ten embryos are created. Five embryos are implanted in your uterus and five are frozen and kept by the fertility clinic for your later use. You successfully conceive and give birth to twins. You notice that the children you give birth to are of a different race than …


Denied Visitation, Its Impact On Children's Psychological Adjustment, And A Nationwide Review Of State Code, Adrienne Volenik Jan 2002

Denied Visitation, Its Impact On Children's Psychological Adjustment, And A Nationwide Review Of State Code, Adrienne Volenik

Law Faculty Publications

Denied visitation occurs when one parent prevents the other parent from court mandated visitation allowances with the child. This complex issue affects many families of divorce, but unfortunately is an understudied topic. Additionally, the literature that is available on denied visitation suffers from methodological challenges that are inherent to the complexity of the subject. Denied visitation is not a homogeneous event, but one that is conceptualized into two major categories: appropriate (i.e., concerning safety of the child) and inappropriate (i.e., involving interparent hostility). These two types of denied visitation are further divided into subcategories based on a review of the …


'Can We Go Home Now?' Expediting Adoption And Termination Of Parental Rights Appeals In Ohio State Courts, Susan Wawrose Jan 2002

'Can We Go Home Now?' Expediting Adoption And Termination Of Parental Rights Appeals In Ohio State Courts, Susan Wawrose

School of Law Faculty Publications

Two years ago, the Ohio Supreme Court amended its rules and those of Ohio's intermediate appellate courts in order to fast-track appeals of cases involving termination of parental rights ("TPR") and adoption of minor children. Three of Ohio's twelve appellate districts already had local rules to expedite or accelerate these types of appeals, but in some districts, the amended rules established procedures that were entirely new.

The major impetus behind the court's amendments to the rules was to move children out of foster care and into permanent adoptive homes more quickly. Further, by amending the rules of the intermediate appellate …


The Social Welfare Of Advertising To Children, Dennis D. Crouch Jan 2002

The Social Welfare Of Advertising To Children, Dennis D. Crouch

Faculty Publications

The aim of this Comment is to approach the issue of advertising to children through an examination of economic incentives and efficiency. The Comment ultimately makes the claim that televised advertisement of products, such as junk food, directed toward children may be inefficient and tend to decrease social welfare. Although they may be compelling, this paper does not rely on the secondary negative externalities often associated with television, such as the cost of treating diabetes and heart disease. Rather, the inefficiency discussed in the Comment involves the informational qualities of advertising. Advertising directed towards young children can be thought of …


A Voice For Low-Income Children: Evaluating Guardians Ad Litem In Divorce And Parental Rights And Responsibilities Cases, Alison A. Beyea, Frank D' Alessandro Jan 2002

A Voice For Low-Income Children: Evaluating Guardians Ad Litem In Divorce And Parental Rights And Responsibilities Cases, Alison A. Beyea, Frank D' Alessandro

Children, Youth, & Families

The Muskie Guardian ad Litem Project evaluated the use of Guardians ad Litem (GALS) in divorce and parental rights and responsibilities cases in Maine.

The research suggests that there are significant benefits of GAL appointment for children in contested court proceedings. GALS effectively represent the best interests of children in family proceedings. They assist the Court in issuing custodial decisions, assist in settlement of highly contested cases and otherwise expedite the legal process. In addition to their investigative function, GALS report working with parents and children in an effort to reduce conflict between family members and to connect families with …


"Money Can't Buy Me Love": A Contrast Between Damages In Family Law And Contract, Margaret F. Brinig Jan 2002

"Money Can't Buy Me Love": A Contrast Between Damages In Family Law And Contract, Margaret F. Brinig

Journal Articles

As my contribution to this symposium in David's honor, I submit the law and economics section of the damages chapter of our joint enterprise, Understanding Contracts. Because of David's failing health, my own involvement with the publisher never reached contract stage. The chapter concludes with a problem that illustrates some of the intricacies of mixing family law and contract. David and I grappled for some time with the answer to the problem, coming at it from our different points of view. On one occasion, David, with a twinkle, told me there was only one place where I was "absolutely wrong." …


How Much Does Legal Status Matter? Adoptions By Kin Caregivers, Margaret F. Brinig, Steven L. Nock Jan 2002

How Much Does Legal Status Matter? Adoptions By Kin Caregivers, Margaret F. Brinig, Steven L. Nock

Journal Articles

Virtually all the legislation dealing with families that include children begins with a "best interests of the child" premise.' Most, if not all, of the litigated results at least seem to maximize the outcomes for adults. This discrepancy should not be surprising, for both substantive and procedural reasons.

The substantive reason, as even the Supreme Court has noted, is that most of the time, what is good for parents will also be good for children. Moreover, having parents who possess many "rights" allow them to better exercise their parental responsibilities. From a procedural perspective, adults are usually the named parties …


Domestic Partnership: Missing The Target?, Margaret F. Brinig Jan 2002

Domestic Partnership: Missing The Target?, Margaret F. Brinig

Journal Articles

Chapter 6, Domestic Partnerships, like many other parts' of the ALI Principles of the Law of Family Dissolution, functions as a set of default rules. Under the ALI Principles for domestic partnerships, therefore, if the parties meet state presumptive requirements for domestic partnerships and have not otherwise contracted, the rules of Chapter 6 apply. Usually, law sets default provisions to 1) what most parties would want; or 2) to what will promote efficiency. I will discuss these two concepts in turn, illustrating how the ALI domestic partnerships provisions satisfy neither ex ante hypothetical bargaining nor efficiency criteria, and thus that …


To Pay Or Not To Pay, That Is The Question: Should Ssi Recipients Be Exempt From Child Support Obligations?, Angela F. Epps Jan 2002

To Pay Or Not To Pay, That Is The Question: Should Ssi Recipients Be Exempt From Child Support Obligations?, Angela F. Epps

Journal Publications

This article will explore whether it is legally permissible for state courts to order Supplemental Security Income (SSI) recipients to pay child support. As background, the history of the SSI program, showing its genesis in a perceived need for uniformity, will be reviewed along with its current requirements. A discussion of federal child support laws will provide additional background.

Although many feel that every parent should be required to pay child support or argue against further federal subsidies, this article proposes an alternate solution. First, SSI recipients should be exempt from payment of child support. Next, the federal government, through …


Empirical Work In Family Law, Margaret F. Brinig Jan 2002

Empirical Work In Family Law, Margaret F. Brinig

Journal Articles

Until fairly recently, researchers have not done much theoretical work on the subject of family law. Although the move towards theoretical work is a positive one, unfortunately, most of the latest reforms in family law have been uninformed by empirical studies. Furthermore, the few empirical studies that have been conducted are replete with intractable problems.

In this essay, Margaret Brinig discusses some of the problems researchers have encountered in their attempts to conduct empirical work in the area of family law. For example, most researchers have used state cross-sectional data for their experiments. Reliance on this type of data can …