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1993

Family Law

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Full-Text Articles in Law

Due Process Rights Of Parents And Children In International Child Abductions, Dorothy C. Daigle Nov 1993

Due Process Rights Of Parents And Children In International Child Abductions, Dorothy C. Daigle

Vanderbilt Journal of Transnational Law

Rising divorce rates in recent years have led to increasingly frequent abductions of children by one parent away from the other parent. Often, abducting parents move the children to different jurisdictions in which the parents believe they can obtain a more favorable decision on custody. To remedy this problem, twenty-nine nations joined in 1980 to adopt the Hague Convention on the Civil Aspects of International Child Abduction. This Convention mandates the immediate return, upon request, of the abducted child to the state of habitual residence of the child. The Convention includes several limited exceptions to this mandate, applicable at the …


War And P.E.A.C.E.: A Preliminary Report And A Model Statute On An Interdisciplinary Educational Program For Divorcing And Separating Parents, Andrew Schepard Oct 1993

War And P.E.A.C.E.: A Preliminary Report And A Model Statute On An Interdisciplinary Educational Program For Divorcing And Separating Parents, Andrew Schepard

University of Michigan Journal of Law Reform

This Article is a report on P.E.A.C.E. (Parent Education and Custody Effectiveness), an interdisciplinary attempt to create a parent education program in New York. P.E.A.C.E. is an educational program that provides information to parents on three topics: the legal process for determining custody and child support; the effects of divorce and separation on adults; and the effects of divorce and separation on children, and how parents can help children cope with this difficult transition. P.E.A.C.E. is education-nothing more. It is not mediation or therapy. Parents do not talk to each other directly during P.E.A.C.E. sessions and the program makes no …


Conjugal Homicide And Legal Violence: A Comparative Analysis, Alison Young Oct 1993

Conjugal Homicide And Legal Violence: A Comparative Analysis, Alison Young

Osgoode Hall Law Journal

This article examines the defences in English and Canadian criminal law available to battered women who kill their abusers. The article sets out in detail the formation and evolution of the doctrinal interpretation, in English law, of the defences of provocation, diminished responsibility, and self-defence. Current case law is examined, including the recent cases of Thornton and Ahluwalia. The objective of the essay is to provide a critical context, namely the legal construction of the phenomenon of conjugal violence, in which we can see the current elaboration of these defences. The Canadian position is investigated, by means of a thorough …


Reflections On Child Care & Community Development, Peter Pitegoff Oct 1993

Reflections On Child Care & Community Development, Peter Pitegoff

Circles: Buffalo Women's Journal of Law and Social Policy

No abstract provided.


The Adversarial And Mediation Processes An Exploration Of Outcomes In Child Custody Disputes, Cheryl Barakey Oct 1993

The Adversarial And Mediation Processes An Exploration Of Outcomes In Child Custody Disputes, Cheryl Barakey

Sociology & Criminal Justice Theses & Dissertations

In recent years, the Juvenile and Domestic Relations Courts have seen increases in child custody disputes. This increase has caused many jurisdictions to seek alternatives to the traditional adversarial process. Mediation has attracted the most attention. Several jurisdictions such as Norfolk, Virginia, the one used in this study, now refer parents to mediation before the court will hear the case.

Unlike previous studies where divorce mediation was researched with child custody being one of the factors, this study examines the differences in the outcomes of the mediation and litigation processes used to solve only child custody disputes. The outcomes examined …


Paradise Lost, Paradox Revisited: The Implications Of Familial Ideology For Feminist, Lesbian, And Gay Engagement To Law, Shelley A. M. Gavigan Jul 1993

Paradise Lost, Paradox Revisited: The Implications Of Familial Ideology For Feminist, Lesbian, And Gay Engagement To Law, Shelley A. M. Gavigan

Osgoode Hall Law Journal

In this article the author addresses the theoretical and political challenges issued to feminists and feminist scholarship by recent debates and litigation concerning "family" and "family-based" benefits. The argument proceeds in four parts: first, the discussion is relocated within socialist feminist theory. The implications of the qualified pro-family stance in the critiques advanced or influenced by women of colour is considered next, followed by an examination of some proposals to extend the definition of "spouse" and "family" to lesbian and gay relationships. The author is critical of both "critiques" and illustrates with reference to Canadian welfare and immigration law that …


The Tension Between Rules And Discretion In Family Law: A Report And Reflection, Carl E. Schneider Jun 1993

The Tension Between Rules And Discretion In Family Law: A Report And Reflection, Carl E. Schneider

Articles

The history of law is many things. But one of them is the story of an unremitting struggle between rules and discretion. The tension between these two approaches to legal problems continues to pervade and perplex the law today. Perhaps nowhere is that tension more pronounced and more troubling than in family law. It is probably impossible to practice family law without wrestling with the imponderable choice between rules and discretion. Consider, for example, how many areas of family law are now being fought over in-just those terms. For decades we have lived with an abundantly discretionary way of resolving …


Designating Male Parents At Birth, Jeffrey A. Parness May 1993

Designating Male Parents At Birth, Jeffrey A. Parness

University of Michigan Journal of Law Reform

In focusing on legal designations of male parentage as of the time of birth, this Essay first reviews the methods by which such designations currently are made. The difficulties raised by contemporary methods then will be explored, together with suggested reforms involving laws that could promote earlier, more complete, and more accurate designations of male parentage as of the time of a child's birth.


Individualisme Et Communautarisme: L'Individu, La Familie Et L'Etat En Europe Occidentale, Marie-Therese Meulders-Klein May 1993

Individualisme Et Communautarisme: L'Individu, La Familie Et L'Etat En Europe Occidentale, Marie-Therese Meulders-Klein

BYU Law Review

No abstract provided.


Foreword: Family Restructuring At The End Of The Twentieth Century—Issues For A New Century, Lynn D. Wardle May 1993

Foreword: Family Restructuring At The End Of The Twentieth Century—Issues For A New Century, Lynn D. Wardle

Brigham Young University Journal of Public Law

No abstract provided.


A Legal Definition Of The Stepfamily: The Example Of Incest Regulation, Margaret M. Mahoney May 1993

A Legal Definition Of The Stepfamily: The Example Of Incest Regulation, Margaret M. Mahoney

Brigham Young University Journal of Public Law

No abstract provided.


Honor Thy Father And Thy Mother: But Court-Ordered Grandparent Visitation In The Intact Family?, Laurence C. Nolan May 1993

Honor Thy Father And Thy Mother: But Court-Ordered Grandparent Visitation In The Intact Family?, Laurence C. Nolan

Brigham Young University Journal of Public Law

No abstract provided.


From A Tender Years Presumption To A Primary Parent Presumption: Has Anything Really Changed? . . . Should It?, Phyllis T. Bookspan May 1993

From A Tender Years Presumption To A Primary Parent Presumption: Has Anything Really Changed? . . . Should It?, Phyllis T. Bookspan

Brigham Young University Journal of Public Law

No abstract provided.


Reform Of The Divorce Provisions Of The Marriage Contract, Allen M. Parkman May 1993

Reform Of The Divorce Provisions Of The Marriage Contract, Allen M. Parkman

Brigham Young University Journal of Public Law

No abstract provided.


Applications Of A Contemporary Partnership Model For Divorce, Cynthia Starnes May 1993

Applications Of A Contemporary Partnership Model For Divorce, Cynthia Starnes

Brigham Young University Journal of Public Law

No abstract provided.


Access To Legal Remedies: The Crisis In Family Law, Jane C. Murphy May 1993

Access To Legal Remedies: The Crisis In Family Law, Jane C. Murphy

Brigham Young University Journal of Public Law

No abstract provided.


Legal Policy, Technique And Research In Family Law—Some Comparative Aspects, Anders Agell May 1993

Legal Policy, Technique And Research In Family Law—Some Comparative Aspects, Anders Agell

Brigham Young University Journal of Public Law

No abstract provided.


Missing Tools In The Federal Prosectution Of Child Abuse And Neglect, F. Chris Austin May 1993

Missing Tools In The Federal Prosectution Of Child Abuse And Neglect, F. Chris Austin

Brigham Young University Journal of Public Law

No abstract provided.


In The Best Interest: The Adoption Of F.H., An Indian Child, Ivy N. Voss May 1993

In The Best Interest: The Adoption Of F.H., An Indian Child, Ivy N. Voss

Brigham Young University Journal of Public Law

No abstract provided.


Traditionalism, Secularism, And The Transformative Dimension Of Religious Institutions, W. Cole Durham Jr., Alexander Dushku May 1993

Traditionalism, Secularism, And The Transformative Dimension Of Religious Institutions, W. Cole Durham Jr., Alexander Dushku

BYU Law Review

No abstract provided.


Children's Rights: The Destruction And Promise Of Family, Barbara Bennett Woodhouse May 1993

Children's Rights: The Destruction And Promise Of Family, Barbara Bennett Woodhouse

BYU Law Review

No abstract provided.


Incompletely Reasoned Sex: A Review Of Posner's Somewhat Misleading Guide To The Economic Analysis Of Sex And Family Law, Martin Zelder May 1993

Incompletely Reasoned Sex: A Review Of Posner's Somewhat Misleading Guide To The Economic Analysis Of Sex And Family Law, Martin Zelder

Michigan Law Review

A Review of Sex and Reason by Richard A. Posner


Introduction: Family Law In The 1990s -- New Problems, Strong Solutions, L. Elizabeth Bowles Apr 1993

Introduction: Family Law In The 1990s -- New Problems, Strong Solutions, L. Elizabeth Bowles

Vanderbilt Law Review

The 1992 Presidential campaign was fraught with references to "family values." While Vice President Quayle took on a fictional television character for choosing to have a child out of wedlock," candidate Clinton was vowing support for the Family Leave Bill and other pro- family measures. Although the political rhetoric of the 1992 campaign was partisan in nature, the emphasis placed on the family by the political parties reflects the seriousness of the problems facing the American family in the 1990s. The American family is not the same entity that it was twenty years ago. Now, "nontraditional" families, such as single …


Renewing The Good Intentions Of Foster Care: Enforcement Of The Adoption Assistance And Child Welfare Act Of 1980 And The Substantive Due Process Right To Safety, Cristina C.-Y. Chou Apr 1993

Renewing The Good Intentions Of Foster Care: Enforcement Of The Adoption Assistance And Child Welfare Act Of 1980 And The Substantive Due Process Right To Safety, Cristina C.-Y. Chou

Vanderbilt Law Review

Foster care. There are probably no two words in the English language that convey more of a sense of good intentions gone bad. Children enter foster care when their own parents fail them. Then they begin a state-sponsored journey through an over- land railroad of foster homes, some run by adults who truly want to help, and others run by scoundrels.'

The purpose of foster care is to provide a temporary safe haven for children whose parents are unable to care for them. Unfortunately, however, the foster care system frequently fails to provide children with stable, secure care, and fails …


A Life Preserver For Battered Immigrant Women: The 1990 Amendments To The Immigration Marriage Fraud Amendments, Maxine Yi Hwa Lee Apr 1993

A Life Preserver For Battered Immigrant Women: The 1990 Amendments To The Immigration Marriage Fraud Amendments, Maxine Yi Hwa Lee

Buffalo Law Review

No abstract provided.


Scott V. Pacific West Mountain Resort: Erroneously Invalidating Parental Releases Of A Minor's Future Claim, Angeline Purdy Apr 1993

Scott V. Pacific West Mountain Resort: Erroneously Invalidating Parental Releases Of A Minor's Future Claim, Angeline Purdy

Washington Law Review

In Scott v. Pacific West Mountain Resort, the Washington Supreme Court held that parents do not have legal authority to waive their children's future claims for personal injuries caused by a third party's negligence. This Note argues that the court departed from Washington precedent and ignored the implications of existing Washington law. Moreover, the court erroneously analogized children's future claims to children's existing claims by failing to adequately analyze the differences between the two situations. This Note thus concludes that because parents can already waive their children's causes of action in many situations, they should be allowed to do so …


Combatting Unnecessary Family Separation: How To Seek Court-Ordered Housing For Families In The District Of Columbia Neglect System, Justine A. Dunlap, Kenneth Zimmerman Mar 1993

Combatting Unnecessary Family Separation: How To Seek Court-Ordered Housing For Families In The District Of Columbia Neglect System, Justine A. Dunlap, Kenneth Zimmerman

University of the District of Columbia Law Review

No abstract provided.


County Welfare Department Liability For Handling Reports Of Child Abuse, Kim Boyer Feb 1993

County Welfare Department Liability For Handling Reports Of Child Abuse, Kim Boyer

San Diego Law Review

When a social worker receives a complaint of child abuse and determines that the situation is non-urgent, should the county welfare department be held liable for subsequent injury to the child? This Comment analyzes the four contexts in which a special relationship with a county welfare department may arise and concludes that a duty of care should not be imposed upon county welfare departments in these situations. The author concludes that if the social worker reasonably determines that the situation was non-urgent, the county welfare department should not be held liable. Alternatively, even if a duty of care is imposed, …


Intent V. Practice: Incentives And Disincentives For Child Abuse Reporting By School Personnel, Jane Rosien, Lelia Helms, Carolyn Wanat Jan 1993

Intent V. Practice: Incentives And Disincentives For Child Abuse Reporting By School Personnel, Jane Rosien, Lelia Helms, Carolyn Wanat

Brigham Young University Education and Law Journal

No abstract provided.


Constitutional Privacy And The Just Family, Anne Dailey Jan 1993

Constitutional Privacy And The Just Family, Anne Dailey

Faculty Articles and Papers

No abstract provided.