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Series

2003

Family Law

Institution
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Articles 1 - 30 of 61

Full-Text Articles in Law

Brief Amicus Curiae Of Joseph R. Grodin As Amicus Curiae Supporting Neither Party (Vacatur), Elk Grove Unified School District V. Newdow, No. 02-1624 (U.S. Dec. 19, 2003), ., Neal K. Katyal Dec 2003

Brief Amicus Curiae Of Joseph R. Grodin As Amicus Curiae Supporting Neither Party (Vacatur), Elk Grove Unified School District V. Newdow, No. 02-1624 (U.S. Dec. 19, 2003), ., Neal K. Katyal

U.S. Supreme Court Briefs

No abstract provided.


An Islamic Perspective On Domestic Violence, Azizah Y. Al-Hibri Dec 2003

An Islamic Perspective On Domestic Violence, Azizah Y. Al-Hibri

Law Faculty Publications

In this Article, the author addresses the traditional Islamic view of domestic violence. To understand the Islamic perspective on domestic violence, the author will explore the Islamic view of gender relations, especially within the family. This view is rooted in the Qur'an, which is examined in this Article.


For And Against Marriage: A Revision., Anita Bernstein Nov 2003

For And Against Marriage: A Revision., Anita Bernstein

Faculty Scholarship

No abstract provided.


Child Care Quality And Workforce Characteristics In Four Midwestern States, Helen Raikes, Brian Wilcox, Carla Peterson, Susan Hegland, Jane Atwater, Jean Ann Summers, Kathy Thornburg, Julia C. Torquati, Carolyn P. Edwards, Abbie Raikes Oct 2003

Child Care Quality And Workforce Characteristics In Four Midwestern States, Helen Raikes, Brian Wilcox, Carla Peterson, Susan Hegland, Jane Atwater, Jean Ann Summers, Kathy Thornburg, Julia C. Torquati, Carolyn P. Edwards, Abbie Raikes

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

The purpose of the Year 1 Studies of the Midwest Child Care Research Consortium was to describe hypothesized and potential indicators of quality, to measure observed quality, and to conduct preliminary analyses to determine relationships between the hypothesized and potential indicators and observations of quality, using a representative, randomly selected sample of the provider population. The states studied—Iowa, Kansas, Missouri, and Nebraska—comprise U.S. Department of Health and Human Services Region VII. Following an examination of the child care policy context in the four states, a telephone survey of 2,022 child care providers, and observations of 365 ...


Marriage Markets, Martha M. Ertman Oct 2003

Marriage Markets, Martha M. Ertman

Faculty Scholarship

No abstract provided.


From Genes, Marriage And Money To Nurture: Redefining Fatherhood, Nancy E. Dowd Oct 2003

From Genes, Marriage And Money To Nurture: Redefining Fatherhood, Nancy E. Dowd

UF Law Faculty Publications

Genes should not define fatherhood. This is wrong for men, and wrong for children. Genes define identity, but that link should be separated from the obligations and rights of parenthood. Specifically, I argue that fatherhood should be defined by doing (action) instead of being (status), with the critical component being acts of nurturing. In this essay I define in more detail this concept of fatherhood and its characteristics; discuss the consequences related to genetic ties; and consider the policy implications of defining fatherhood around nurture when genetic ties can be established for all children. It is critical throughout to remain ...


Subsidized Guardianship: A New Permanancy Option, Cynthia Godsoe Oct 2003

Subsidized Guardianship: A New Permanancy Option, Cynthia Godsoe

Faculty Scholarship

No abstract provided.


Symposium Editor's Note, Barbara A. Babb Oct 2003

Symposium Editor's Note, Barbara A. Babb

All Faculty Scholarship

No abstract provided.


Delinquency Jurisdiction In A Unified Family Court: Balancing Intervention, Prevention, And Adjudication, Gloria Danziger Oct 2003

Delinquency Jurisdiction In A Unified Family Court: Balancing Intervention, Prevention, And Adjudication, Gloria Danziger

All Faculty Scholarship

This article will examine the demographics of the current juvenile delinquency caseloads and will argue that, despite trends toward greater punitive measures-including placement of juveniles in adult courts for certain offenses, the concept of a therapeutic "family-centered court," which inspired Jane Addams and her colleagues, remains the most promising approach to delinquency, articulated most notably by the proponents of the unified family court concept. The article will consider and address objections and concerns raised with respect to this approach, looking at ways in which several states have incorporated juvenile delinquency into a family-centered unified family court.


Section 3: Gay Rights After Lawrence, Institute Of Bill Of Rights Law At The William & Mary Law School Sep 2003

Section 3: Gay Rights After Lawrence, Institute Of Bill Of Rights Law At The William & Mary Law School

Supreme Court Preview

No abstract provided.


Spruce Run News (Fall 2003), Spruce Run Staff Sep 2003

Spruce Run News (Fall 2003), Spruce Run Staff

Maine Women's Publications - All

No abstract provided.


Ub Viewpoint – Changing Roles Of Fatherhood, Jane C. Murphy Jun 2003

Ub Viewpoint – Changing Roles Of Fatherhood, Jane C. Murphy

All Faculty Scholarship

No abstract provided.


Children At Clandestine Methamphetamine Labs: Helping Meth’S Youngest Victims, Karen Swetlow Jun 2003

Children At Clandestine Methamphetamine Labs: Helping Meth’S Youngest Victims, Karen Swetlow

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

Contents:

Message from the Director
What Is Methamphetamine?
Meth Production Site: Not Really a Laboratory
Methamphetamine Trends in the United States
Dangers to Children Living at Meth Labs
Children Involved in Methamphetamine Lab-Related Incidents in the United States
Children Found in Meth Lab Homes
Multidisciplinary Teams: Elements of Success
Promising Practices in the Field
Conclusion


The Abuse And Neglect Of Children: Interdisciplinary Perspectives, Roger Williams University School Of Law Jun 2003

The Abuse And Neglect Of Children: Interdisciplinary Perspectives, Roger Williams University School Of Law

School of Law Conferences, Lectures & Events

No abstract provided.


Breaking The Cycle Of Defeat For 'Deadbroke' Noncustodial Parents Through Advocacy On Child Support Issues, Daniel L. Hatcher, Hannah Lieberman May 2003

Breaking The Cycle Of Defeat For 'Deadbroke' Noncustodial Parents Through Advocacy On Child Support Issues, Daniel L. Hatcher, Hannah Lieberman

All Faculty Scholarship

The child support system is not serving low-income families well. Custodial parents are not receiving the child support they need. Enforcement of child support for lowincome parents receiving welfare primarily benefits the state because the payments are owed to the government. Low-income noncustodial parents face unrealistically high child support orders and large arrearages take so much of their wages that they cannot support themselves. They go to jail-often recurrently-because they cannot meet their obligations and thereby lose the opportunity to keep a job. Their driver's licenses are suspended because they have not paid their support. To evade this punitive ...


Written Testimony Of Professor Ralph Ruebner On House Bill 1507: Jury Trial In Parental Termination Cases, Illinois 93rd General Assembly (April 1, 2003), Ralph Ruebner Apr 2003

Written Testimony Of Professor Ralph Ruebner On House Bill 1507: Jury Trial In Parental Termination Cases, Illinois 93rd General Assembly (April 1, 2003), Ralph Ruebner

Court Documents and Proposed Legislation

No abstract provided.


When Individual Differences Demand Equal Treatment: An Equal Rights Approach To The Special Needs Of Girls In The Juvenile Justice System, Francine Sherman, Marsha L. Levick Apr 2003

When Individual Differences Demand Equal Treatment: An Equal Rights Approach To The Special Needs Of Girls In The Juvenile Justice System, Francine Sherman, Marsha L. Levick

Boston College Law School Faculty Papers

This article argues that disparities girls face in the juvenile justice system can be remedied by employing equal rights analysis including the federal Equal Protection Clause, state Equal Rights Amendments, and Title IX of the Education Amendments of 1972. Unlike the adult prison context, in which equal protection and Title IX have had limited success, the juvenile justice system is premised on individualized rehabilitative justice. Where differences between male and female offenders have undermined equal rights challenges in the adult arena, in the juvenile justice system differences among individual youth are acknowledged, and dispositions are driven by those individual needs ...


Spousal Election: Suggested Equitable Reform For The Division Of Property At Death, Angela M. Vallario Apr 2003

Spousal Election: Suggested Equitable Reform For The Division Of Property At Death, Angela M. Vallario

All Faculty Scholarship

Testators have traditionally enjoyed immense discretion in directing the disposition of their wealth upon death; however, when a spouse survives the testator, public policy dictates a limitation on the testator's ability to dispose of property. American jurisdictions impose this limitation through the elective share in common law states and by the nature of property ownership in community property states. Ideally, this limitation should ensure equitable financial protection for the surviving spouse and protect his or her interest in assets that were accumulated with the decedent, yet the current elective share methods fall short of these goals.


Spruce Run News (Spring 2003), Spruce Run Staff Mar 2003

Spruce Run News (Spring 2003), Spruce Run Staff

Maine Women's Publications - All

No abstract provided.


Ub Viewpoint – Creation Of A Caring Justice System, Barbara A. Babb Feb 2003

Ub Viewpoint – Creation Of A Caring Justice System, Barbara A. Babb

All Faculty Scholarship

No abstract provided.


The Other Violence: Domestic Penal Power Over Children In Chilean Law, Jaime Couso Jan 2003

The Other Violence: Domestic Penal Power Over Children In Chilean Law, Jaime Couso

SELA (Seminario en Latinoamérica de Teoría Constitucional y Política) Papers

The aim of this essay is to examine the relationship between violence and the law in domestic life, and in particular violence exercised on children. The starting-point is an institution of republican family law in the 19th century, which goes back to colonial times, and which I have chosen to call “penal domestic power” over children, which represents a form of legalized domestic violence. It consists of the faculty of the father to punish his son physically, and when that was not enough, to imprison him, for which he could count on help from the public authority.


La Otra Violencia: Poder Penal Doméstico Sobre Los Niños En El Derecho Chileno, Jaime Couso Jan 2003

La Otra Violencia: Poder Penal Doméstico Sobre Los Niños En El Derecho Chileno, Jaime Couso

SELA (Seminario en Latinoamérica de Teoría Constitucional y Política) Papers

Este ensayo tiene por objeto examinar las relaciones entre violencia y Derecho en la vida doméstica, en particular la violencia ejercida sobre los niños. El punto de partida es una institución del Derecho de familia republicano del siglo XIX, que se remonta a la Colonia, que he querido llamar “poder penal doméstico” sobre los niños y que representa una forma de violencia doméstica legalizada. Consiste en la facultad del padre de castigar físicamente a su hijo y, cuando ello no fuere suficiente, de encarcelarlo, para lo cual contaba con el auxilio de la autoridad pública.


Medical Treatment Of Children With Hiv Illness And The Need For Supportive Intervention: The Challenges Of Medical Providers, Families And The State, Deborah J. Weimer Jan 2003

Medical Treatment Of Children With Hiv Illness And The Need For Supportive Intervention: The Challenges Of Medical Providers, Families And The State, Deborah J. Weimer

Faculty Scholarship

Human iummuno-deficiency virus (HIV) illness in children poses tremendous challenges to medical providers and families to work together to deliver optimal care. An alternative to filing "neglect" reports with the Department of Social Services is necessary to provide support and appropriate intervention to families and medical providers caring for HIV-positive children.

The creation of a neutral entity that could intervene and identify barriers to treatment and communication between the medical providers and the family would benefit all the parties involved. Knowledgeable mediators could help facilitate communication and identify appropriate support for the child and family.

Intervention would not be delayed ...


What's Wrong With A Parenthood Market? A New And Improved Theory Of Commodification, Martha M. Ertman Jan 2003

What's Wrong With A Parenthood Market? A New And Improved Theory Of Commodification, Martha M. Ertman

Faculty Scholarship

No abstract provided.


Domestic Violence And The Maryland Family Violence Option, Karen Czapanskiy Jan 2003

Domestic Violence And The Maryland Family Violence Option, Karen Czapanskiy

Faculty Scholarship

No abstract provided.


A Constitutional Challenge To Michigan’S Ban On Second Parent Adoption By The Unmarried Partner Of The Child’S Current Parent, Robert Allen Sedler Jan 2003

A Constitutional Challenge To Michigan’S Ban On Second Parent Adoption By The Unmarried Partner Of The Child’S Current Parent, Robert Allen Sedler

Law Faculty Research Publications

No abstract provided.


Queering Domestic Violence To Straighten Out Criminal Law: What Might Happen When Queer Theory And Practice Meet Criminal Law's Conventional Responses To Domestic Violence, Adele M. Morrison Jan 2003

Queering Domestic Violence To Straighten Out Criminal Law: What Might Happen When Queer Theory And Practice Meet Criminal Law's Conventional Responses To Domestic Violence, Adele M. Morrison

Law Faculty Research Publications

No abstract provided.


The "Pitiless Double Abuse" Of Battered Mothers, Justine A. Dunlap Jan 2003

The "Pitiless Double Abuse" Of Battered Mothers, Justine A. Dunlap

Faculty Publications

Mothers are expected to do and be all for their children, and those who fall short are criticized. Elizabeth Schneider makes this unassailable assertion in her book Battered Women and Feminist Lawmaking. In the chapter entitled Motherhood and Battering, Schneider argues that society reserves its greatest opprobrium for mothers who harm their children or who are perceived to stand idly by while other harm their children. As Schneider demonstrates, women who fail to protect their children, even if they attempt to do so, can be legally liable and soundly condemned. This ill-conceived accountability is most likely to occur when the ...


Developments In Law And Policy: Emerging Issues In Family Law, Michael T. Morley, Richard Albert, Jennie L. Kneedler, Chrystiane Pereira Jan 2003

Developments In Law And Policy: Emerging Issues In Family Law, Michael T. Morley, Richard Albert, Jennie L. Kneedler, Chrystiane Pereira

Scholarly Publications

No abstract provided.


Separation, Custody, And Estate Planning Issues Relating To Companion Animals, Rebecca J. Huss Jan 2003

Separation, Custody, And Estate Planning Issues Relating To Companion Animals, Rebecca J. Huss

Law Faculty Publications

This article first discusses the domestication of companion animals, including the impact of anthropomorphism and neoteny on how animals are viewed in U.S. society. Second, it reviews the current legal status of animals. Third, it considers the voluntary and involuntary separation of companion animals from their human families. Fourth, it examines custody issues in the context of the placement of animals after the divorce of the human family members. Finally, it analyzes estate planning issues relating to companion animals.