Open Access. Powered by Scholars. Published by Universities.®
- Institution
Articles 1 - 9 of 9
Full-Text Articles in Law
’Til Death Do Us Part? What Every Legal Practitioner Should Know About Premarital Agreements: A Law Student’S Perspective, Lauren Ludvigsen
’Til Death Do Us Part? What Every Legal Practitioner Should Know About Premarital Agreements: A Law Student’S Perspective, Lauren Ludvigsen
Elisabeth Haub School of Law Student Publications
It is rare that a couple will enter into a marriage expecting to divorce each other. It may be the romance or the excitement of the impending nuptials, but couples do not include an expiration date on their marriage certificate. However, not all marriages last until “death do us part.” The United States Census Bureau conducted its first survey into marriages, divorces, and widowhood in America in 2009, finding that 9.2 of every 1,000 men and 9.7 of every 1,000 women over the age of fifteen reported being divorced. Despite these rates, research suggests that only one-fourth of Americans believe …
A Law Guardian By The Same Name: A Response To Professor Guggenheim's Matrimonial Commission Critique, Merril Sobie
A Law Guardian By The Same Name: A Response To Professor Guggenheim's Matrimonial Commission Critique, Merril Sobie
Elisabeth Haub School of Law Faculty Publications
I commence this article with a discussion of the statutory provisions governing the appointment and responsibilities of attorneys who represent children in New York. Part II briefly outlines the chronological implementation from initial enactment through the Matrimonial Commission Report, a period spanning forty-five years. Parts III and IV explore the specific nature of child custody representation and the relationship between the attorney and the child client during the course of a frequently lengthy proceeding. Last, the Commission's conclusions and recommendations are critiqued in Parts V and VI.
Same-Sex Marriage In New York, Lewis A. Silverman
Same-Sex Marriage In New York, Lewis A. Silverman
Scholarly Works
No abstract provided.
Weighing The Domestic Violence Factor In Custody Cases: Tipping The Scales In Favor Of Protecting Victims And Their Children, Kim Susser
Scholarly Works
In 1996, the New York State Legislature attempted to afford additional protection to domestic violence victims and their children involved in custody disputes by amending New York's Domestic Relations Law and the Family Court Act to mandate consideration of domestic violence when determining the best interests of the child in custody and visitation cases. Four years later, it is evident that the amendment failed to change the behavior of the courts or overcome the entrenched attitudes of many judges, attorneys and forensic evaluators regarding domestic violence.
The first Part of this Article contains a brief overview of the case law …
Whatever Happened To The "Best Interests" Analysis In New York Relocation Cases? A Response, Merril Sobie
Whatever Happened To The "Best Interests" Analysis In New York Relocation Cases? A Response, Merril Sobie
Elisabeth Haub School of Law Faculty Publications
This response to Justice Sondra Miller’s article will first discuss the competing interests and expectations of the parties to a relocation dispute, and briefly outline the national view or views. In fact, there is no national standard, or anything approaching a consensus among the states. The New York experience under the exceptional circumstances standard will then be analyzed and appraised. My conclusion is that the standard should be maintained, although I believe that the Court of Appeals should revisit the issue to clarify the factors and criteria relevant to a determination.
The Meaningful Representation Of Children: An Analysis Of The State Bar Association Law Guardian Legislative Proposal, Merril Sobie
The Meaningful Representation Of Children: An Analysis Of The State Bar Association Law Guardian Legislative Proposal, Merril Sobie
Elisabeth Haub School of Law Faculty Publications
This article will outline the background and history of the law guardian system, summarize the Task Force proposal and analyze the proposal's effects. The intent is to present a synopsis of the issues addressed by the proposal, which has been forwarded to the Legislature for consideration during the 1992 session.
Commentary: Meeting The Financial Needs Of Children, David L. Chambers
Commentary: Meeting The Financial Needs Of Children, David L. Chambers
Articles
Those who drafted the equitable distribution statutes adopted in New York and elsewhere wanted to help assure women and children an acceptable level of financial well-being after divorce. Marsha Garrison has shown that divorcing couples rarely possess enough resources to attain financial well-being even when they live together as a couple, let alone when they live in two separate households. She has also shown that, even in the cases of couples with substantial assets, the broad and general language of the equitable distribution statute did not lead (and could not have been expected to lead) to consistent distributions that assured …
The Family Court: An Historical Survey, Merril Sobie
The Family Court: An Historical Survey, Merril Sobie
Elisabeth Haub School of Law Faculty Publications
The New York Family Court this year celebrates its twenty-fifth anniversary. Hailed as an "experimental" tribunal, designed to resolve society's most intractable problems, including family dissolution, delinquency and child neglect, the court has been perceived as a radical development which altered the then existing legal rules governing family affairs. The Family Court Act indeed incorporates several creative provisions. But the court's foundations were built upon solid jurisprudential underpinnings, principles which had evolved over the course of the preceding century. Establishment of the court was neither radical nor experimental; in reality, Family Court represents the latest increment in the development of …
The Representation Of Children: A Summary And Analysis Of The Bar Association Law Guardian Study, Merril Sobie
The Representation Of Children: A Summary And Analysis Of The Bar Association Law Guardian Study, Merril Sobie
Elisabeth Haub School of Law Faculty Publications
The law guardian system constitutes a unique opportunity to protect the interests and rights of New York's children. Inaugurated in 1962 and expanded greatly in the past twenty years, the system's goals are laudatory. However, a lack of structure and responsibility has seriously compromised the effectiveness of counsel. Representation is frequently characterized by perfunctory preparation and a waiver of substantive and procedural rights. Moreover, the system is needlessly bifurcated and incapable of providing the education, experience and assistance required for effective counsel. The Bar Association study provides a blueprint for improvement. Legislative restructuring to establish an independent board and office …