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Articles 1 - 30 of 65
Full-Text Articles in Law
Domestic Relations, Barry B. Mcgough, Andrea G. Alpern
Domestic Relations, Barry B. Mcgough, Andrea G. Alpern
Mercer Law Review
The Georgia Supreme Court has decided that a medical school education, a medical license, and contingent fee contracts are not marital property subject to equitable division. The court also declared that a judgment modifying alimony is effective no earlier than the date of the judgment and that an award of joint legal custody does not preclude an award of child support. This Article is divided into three sections. Section I covers cases dealing with child support and visitation; Section II covers cases dealing with settlement agreements, alimony, and equitable division; and Section III deals with contempt.
Summary Report On Hearing On Child Custody, Senate Select Committee On Women In The Workforce
Summary Report On Hearing On Child Custody, Senate Select Committee On Women In The Workforce
California Senate
No abstract provided.
Why Civil Protection Orders Are Effective Remedies For Domestic Violence But Mutual Protective Orders Are Not, Elizabeth Topliffe
Why Civil Protection Orders Are Effective Remedies For Domestic Violence But Mutual Protective Orders Are Not, Elizabeth Topliffe
Indiana Law Journal
No abstract provided.
State-Interest Analysis And The Channelling Function In Family Law, Carl E. Schneider
State-Interest Analysis And The Channelling Function In Family Law, Carl E. Schneider
Articles
I want to develop some themes I advanced in my article entitled State-Interest Analysis in Fourteenth Amendment "Privacy" Law: An Essay on the Constitutionalization of Social issues. In that article I noted that while courts and commentators have lavished effort on the fundamental-rights side of privacy law, they have scanted the state-interest side, thereby producing crucial weaknesses in that law. I felt that state~interest discussions in privacy cases often seemed to me unsatisfying. This is an attempt to see why. A major difficulty is that states tend to advance and courts tend to accept quite narrow specifications of a statute's …
Spruce Run News (August 1992), Spruce Run Staff
Spruce Run News (August 1992), Spruce Run Staff
Maine Women's Publications - All
No abstract provided.
Bioethics And The Family: The Cautionary View From Family Law, Carl E. Schneider
Bioethics And The Family: The Cautionary View From Family Law, Carl E. Schneider
Articles
For many years, the field of bioethics has been specially concerned with how the authority to make medical decisions should be allocated between doctor and patient. Today the patient's power-indeed, the patient's right-is widely acknowledged, at least in principle. But this development can hardly be the last word in our thinking about how medical decisions should be made. For one thing, sometimes patients cannot speak for themselves. For another, patients· make medical decisions in contexts that significantly include more participants than just the patient and doctor. Now, as this conference demonstrates, bioethics is beginning to ask what role the patient's …
Awareness Of And Rights Related To The Patient Self-Determination Act Of 1990 By Selected Post-Adolescent College Students, Toni M. Vargas
Awareness Of And Rights Related To The Patient Self-Determination Act Of 1990 By Selected Post-Adolescent College Students, Toni M. Vargas
Community & Environmental Health Theses & Dissertations
The purpose of this study was to determine if the Patient Self-Determination Act was effective in providing information to young adults and will young adults not only have an accurate understanding of their health care rights but sufficient opportunity to exercise those rights. From a sample of convenience, 83 college students were randomly selected to complete a questionnaire. The questionnaire contained 71 questions devised to reflect various aspects of the Patient Self-Determination Act. Five additional questions were asked to determine a generalized profile of the students. Data analysis of the responses identified 5 significant legal misunderstandings and 5 significant medical …
Religion And Child Custody, Carl E. Schneider
Religion And Child Custody, Carl E. Schneider
University of Michigan Journal of Law Reform
In this Essay, I want to reflect on some problems at the intersection of religion, law, and the family. Specifically, I will explore the ways courts may consider a parent's religiously motivated behavior in making decisions about the custody of children. More precisely still, I will ask two questions. First, may a court refuse to award custody because of a parent's religiously motivated behavior in a dispute between a natural mother and a natural father? Second, when should a court agree to resolve a dispute between divorced parents over the religious upbringing of their children? These are topics of quiet …
Domestic Violence Law Poses Challenges For The Courts, Jane C. Murphy, Judith Wolfer
Domestic Violence Law Poses Challenges For The Courts, Jane C. Murphy, Judith Wolfer
All Faculty Scholarship
No abstract provided.
Ablamis V. Roper: Preemption Of The Nonemployee Spouse's Community Property Rights In Erisa Pension Plans, Julie Anne Barbo
Ablamis V. Roper: Preemption Of The Nonemployee Spouse's Community Property Rights In Erisa Pension Plans, Julie Anne Barbo
Washington and Lee Law Review
No abstract provided.
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.
Divorce Reform And The Legacy Of Gender, Milton C. Regan Jr.
Divorce Reform And The Legacy Of Gender, Milton C. Regan Jr.
Michigan Law Review
A Review of The Illusion of Equality: The Rhetoric and Reality of Divorce Reform by Martha Albertson Fineman
Limitations On Family Size: Potential Pressures On The Rights Of Privacy And Procreation, Rodney A. Smolla
Limitations On Family Size: Potential Pressures On The Rights Of Privacy And Procreation, Rodney A. Smolla
William & Mary Bill of Rights Journal
No abstract provided.
"Who Owns The Child?": Meyer And Pierce And The Child As Property, Barbara Bennett Woodhouse
"Who Owns The Child?": Meyer And Pierce And The Child As Property, Barbara Bennett Woodhouse
William & Mary Law Review
No abstract provided.
The Parental Rights Of Unwed Fathers: A Developmental Perspective, Kara L. Boucher, Ruthann M. Macolini
The Parental Rights Of Unwed Fathers: A Developmental Perspective, Kara L. Boucher, Ruthann M. Macolini
North Carolina Central Law Review
No abstract provided.
Killing Us Softly: Divorce Mediation And The Politics Of Power, Penelope E. Bryan
Killing Us Softly: Divorce Mediation And The Politics Of Power, Penelope E. Bryan
Buffalo Law Review
No abstract provided.
The Channelling Function In Family Law, Carl E. Schneider
The Channelling Function In Family Law, Carl E. Schneider
Articles
On an occasion such as this, we are called to step back from our daily work to seek what Justice Holmes called a "liberal view" of our subject. Today, I propose to do so by exploring a function of family law that I believe is basic, that underlies much of family law, that resonates with the deepest purposes of culture but that is rarely addressed expressly-namely, what I call the "channelling function." As I will soon explain at length, in the channelling function the law recruits, builds, shapes, sustains; and promotes social institutions. My exploration of this topic will have …
Child Support Enforcement For Low-Income Children: Part Of The Problem Or Part Of The Solution?, Paula Roberts
Child Support Enforcement For Low-Income Children: Part Of The Problem Or Part Of The Solution?, Paula Roberts
University of the District of Columbia Law Review
No abstract provided.
Mandatory Planning For Divorce, Jeffrey E. Stake
Mandatory Planning For Divorce, Jeffrey E. Stake
Vanderbilt Law Review
My daughter Laura will reach the median age of first marriage in about seventeen years.' Alison, her little sister, follows three years be hind. There is a good chance they both will marry. What are the odds that those marriages will work out well? Less than I would like. The strong statistical possibility of divorce is hard to ignore and the prospects upon divorce are not rosy. The economic repercussions of divorce for Laura and Alison could be grim, likely worse than those for their brother Christopher if he were to divorce.' What hope have I that this gloomy situation …
Centrist Judging And Traditional Family Values: Or Why Papa Can't Be A Rolling Stone, Steven H. Hobbs, Mary F. Mulligan
Centrist Judging And Traditional Family Values: Or Why Papa Can't Be A Rolling Stone, Steven H. Hobbs, Mary F. Mulligan
Washington and Lee Law Review
No abstract provided.
Minor Changes: Emancipating Children In Modem Times, Carol Sanger, Eleanor Willemsen
Minor Changes: Emancipating Children In Modem Times, Carol Sanger, Eleanor Willemsen
University of Michigan Journal of Law Reform
This Article reports on the use of still another mechanism for removing children in conflict with their parents: statutory emancipation, the process by which minors attain legal adulthood before reaching the age of majority. Statutorily emancipated minors can sign binding contracts, own property, keep their earnings, and disobey their parents. Although under eighteen, they are "considered as being over the age of majority" in most of their dealings with parents and third parties. Thus, while emancipated minors can sign contracts and stay out late, their adult status also means that their parents are no longer responsible for the minors' support. …
A Family Court For Maryland: The Time Has Come, Barbara A. Babb
A Family Court For Maryland: The Time Has Come, Barbara A. Babb
All Faculty Scholarship
No abstract provided.
Out Of The Mouths Of Babes: Determination Of Child Custodial Preference In Illinois, J. Peter Ault Honorable
Out Of The Mouths Of Babes: Determination Of Child Custodial Preference In Illinois, J. Peter Ault Honorable
Loyola University Chicago Law Journal
No abstract provided.
Before Guardianship: Abuse Of Patient Rights Behind Closed Doors, Peter J. Strauss
Before Guardianship: Abuse Of Patient Rights Behind Closed Doors, Peter J. Strauss
Articles & Chapters
No abstract provided.
The Tragedy Of The Interstate Child: A Critical Reexamination Of The Uniform Child Custody Jurisdiction Act And The Parental Kidnaping Prevention Act, Anne B. Goldstein
The Tragedy Of The Interstate Child: A Critical Reexamination Of The Uniform Child Custody Jurisdiction Act And The Parental Kidnaping Prevention Act, Anne B. Goldstein
Faculty Scholarship
This Article's thesis is that the Uniform Child Custody Jurisdiction Act (UCCJA) and the Parental Kidnaping Prevention Act (PKPA) have not eliminated jurisdictional competition because a federal system such as ours cannot achieve both of the Acts' two main instrumental goals - preventing or punishing "child snatching" and promoting well-informed decisions. Our system commits custody decisions to sovereign states, which make and modify the decisions according to indeterminate precepts. Such a system will inevitably create some version of the interstate child; so long as these features of our system persist, legislation cannot solve the problem. Therefore, although this Article proposes …
The Privatization Of Family Law, Jana B. Singer
The Privatization Of Family Law, Jana B. Singer
Faculty Scholarship
No abstract provided.
Goodwill And The Ideal Of Equality: Marital Property At The Crossroads, 31 U. Louisville J. Fam. L. 1 (1992), Michael G. Heyman
Goodwill And The Ideal Of Equality: Marital Property At The Crossroads, 31 U. Louisville J. Fam. L. 1 (1992), Michael G. Heyman
UIC Law Open Access Faculty Scholarship
No abstract provided.
Expanding Our Vision Of Legal Services Representation– The Hermanas Unidas Project, Stacy Brustin
Expanding Our Vision Of Legal Services Representation– The Hermanas Unidas Project, Stacy Brustin
American University Journal of Gender, Social Policy & the Law
No abstract provided.
Roe V. Wade And The Dred Scott Decision: Justice Scalia's Peculiar Analogy In Planned Parenthood V. Casey, Jamin B. Raskin
Roe V. Wade And The Dred Scott Decision: Justice Scalia's Peculiar Analogy In Planned Parenthood V. Casey, Jamin B. Raskin
American University Journal of Gender, Social Policy & the Law
No abstract provided.
Guardianship Laws: Reform Efforts In Virginia, Harriette Haile Shivers
Guardianship Laws: Reform Efforts In Virginia, Harriette Haile Shivers
University of Richmond Law Review
During the decade following 1978, six statewide initiatives addressed the need for reform in the Virginia guardianship system. In 1988, the General Assembly established a joint subcommittee to evaluate the status of guardianship in the Commonwealth and to make recommendations to enhance the existing program to ensure the protection of citizens who entrust their lives and property to the guardianship system. Additionally, prompted by the urgent need for a public response to the shortage of available guardians, the General Assembly directed the Department of Social Services to examine the possibility of reserving public guardianship for use only as a last …