Open Access. Powered by Scholars. Published by Universities.®

Law Commons

Open Access. Powered by Scholars. Published by Universities.®

2001

Family Law

Journal

Institution
Keyword
Publication

Articles 1 - 30 of 51

Full-Text Articles in Law

Constitutional And Family Law—Grandparent Visitation In The Face Of The Fourteenth Amendment Due Process Clause: Parental Or Grandparental Rights? Troxel V. Granville, 530 U.S. 57 (2000)., Oliver G. Hahn Oct 2001

Constitutional And Family Law—Grandparent Visitation In The Face Of The Fourteenth Amendment Due Process Clause: Parental Or Grandparental Rights? Troxel V. Granville, 530 U.S. 57 (2000)., Oliver G. Hahn

University of Arkansas at Little Rock Law Review

No abstract provided.


The Influence Of Marvin V. Marvin On Housework During Marriage, Margaret F. Brinig Oct 2001

The Influence Of Marvin V. Marvin On Housework During Marriage, Margaret F. Brinig

Notre Dame Law Review

No abstract provided.


Indiana Choice-Of-Law Doctrine After Gollnick V. Gollnick, Peter T. Snow Oct 2001

Indiana Choice-Of-Law Doctrine After Gollnick V. Gollnick, Peter T. Snow

Indiana Law Journal

No abstract provided.


Beyond Conception: Legal Determinations Of Filiation In The Context Of Assisted Reproductive Technologies, Roxanne Mykitiuk Oct 2001

Beyond Conception: Legal Determinations Of Filiation In The Context Of Assisted Reproductive Technologies, Roxanne Mykitiuk

Osgoode Hall Law Journal

This article argues that legal determinations of filiation are normative ideological constructions about how societal relations between parents and children should be ordered. They am based upon particular understandings of the relationship between biological and social facts and, as this article demonstrates, operate to create an asymmetrical relationship between the categories between paternity and maternity I suggest that fairly recent developments in reproductive and genetic filiation have been made and offer the potential for an expanded understanding of relatedness or kinship which does not take the two-parent-one of each sex-model of the family as its normative form. While the examples …


The Empire Of The Lone Mother: Parental Rights, Child Welfare Law, And State Restructuring, Hester Lessard Oct 2001

The Empire Of The Lone Mother: Parental Rights, Child Welfare Law, And State Restructuring, Hester Lessard

Osgoode Hall Law Journal

This article uses the Supreme Court of Canada's decision in G.(J.) v. New Brunswick to frame a discussion of the historical and ideological character of Canadian child welfare regimes on the nature and experience of women’s citizenship within the liberal political order and, in particular, within the current neo-liberal restructuring of welfare provision. The article also analyzes traditional understandings of the political character of child welfare in terms of state intervention and non-intervention, by placing the state ordering of parent-child relations in the context of larger issues of colonialism, gendered parenting discourses, and the linkage between child neglect and poverty. …


Mandatory Minimum Sentences Coupled With Multi-Facet Interventions: An Effective Response To Domestic Violence, Angela M. Killian Sep 2001

Mandatory Minimum Sentences Coupled With Multi-Facet Interventions: An Effective Response To Domestic Violence, Angela M. Killian

University of the District of Columbia Law Review

No abstract provided.


Women's' Right To Abortion Protected In Now V. Scheidler, Danielle Baldassarre Sep 2001

Women's' Right To Abortion Protected In Now V. Scheidler, Danielle Baldassarre

Buffalo Women's Law Journal

No abstract provided.


Intentional Infliction Of Emotional Distress In Divorce: New York's Reluctance To Enter The Fray, Gwen Seaquist, Eileen Kelly Sep 2001

Intentional Infliction Of Emotional Distress In Divorce: New York's Reluctance To Enter The Fray, Gwen Seaquist, Eileen Kelly

Buffalo Women's Law Journal

No abstract provided.


Bush Dangles Wedding Bells As The Proverbial Carrot, Jessica Baker Sep 2001

Bush Dangles Wedding Bells As The Proverbial Carrot, Jessica Baker

Buffalo Women's Law Journal

No abstract provided.


Parental Consent Legislation Benefits Minors Seeking Abortions, Jason Allen Macbride Sep 2001

Parental Consent Legislation Benefits Minors Seeking Abortions, Jason Allen Macbride

Buffalo Women's Law Journal

No abstract provided.


Cuffed Love: Do Prison Babies Ever Smile?, Leda M. Pojman Sep 2001

Cuffed Love: Do Prison Babies Ever Smile?, Leda M. Pojman

Buffalo Women's Law Journal

No abstract provided.


Single-Sex "Marriage": The Role Of The Courts, Lino A. Graglia Sep 2001

Single-Sex "Marriage": The Role Of The Courts, Lino A. Graglia

BYU Law Review

No abstract provided.


Competing Approaches To Same-Sex Versus Opposite-Sex, Unmarried Couples In Domestic Partnership Laws And Ordinances, Terry S. Kogan Sep 2001

Competing Approaches To Same-Sex Versus Opposite-Sex, Unmarried Couples In Domestic Partnership Laws And Ordinances, Terry S. Kogan

BYU Law Review

No abstract provided.


Balancing "Parents Are" And "Parents Do" In The Supreme Court's Constitutionalized Family Law: Some Implications For The Ali Proposals On De Facto Parenthood, David M. Wagner Sep 2001

Balancing "Parents Are" And "Parents Do" In The Supreme Court's Constitutionalized Family Law: Some Implications For The Ali Proposals On De Facto Parenthood, David M. Wagner

BYU Law Review

No abstract provided.


A Nonfeminist's Perspectives Of Mothers And Homemakers Under Chapter 2 Of The Ali Principles Of The Law Of Family Dissolution, F. Carolyn Graglia Sep 2001

A Nonfeminist's Perspectives Of Mothers And Homemakers Under Chapter 2 Of The Ali Principles Of The Law Of Family Dissolution, F. Carolyn Graglia

BYU Law Review

No abstract provided.


Introduction To The Symposium On The American Law Institute's Principles Of The Law Of Family Dissolution, Lynn D. Wardle Sep 2001

Introduction To The Symposium On The American Law Institute's Principles Of The Law Of Family Dissolution, Lynn D. Wardle

BYU Law Review

No abstract provided.


A Small Step Forward: The Ali Domestic Partners Recommendation, Mark Strasser Sep 2001

A Small Step Forward: The Ali Domestic Partners Recommendation, Mark Strasser

BYU Law Review

No abstract provided.


Toward A Unified Field Theory Of The Family: The American Law Institute's Principles Of The Law Of Family Dissolution, James Herbie Difonzo Sep 2001

Toward A Unified Field Theory Of The Family: The American Law Institute's Principles Of The Law Of Family Dissolution, James Herbie Difonzo

BYU Law Review

No abstract provided.


Learning From The Process Of Decision: The Parenting Plan, Francis J. Catania Jr. Sep 2001

Learning From The Process Of Decision: The Parenting Plan, Francis J. Catania Jr.

BYU Law Review

No abstract provided.


Domestic Partnership Laws In The United States: A Review And Critique, William C. Duncan Sep 2001

Domestic Partnership Laws In The United States: A Review And Critique, William C. Duncan

BYU Law Review

No abstract provided.


Resolving Relocation Issues Pursuant To The Ali Family Dissolution Principles: Are Children Better Protected?, Janet Leach Richards Sep 2001

Resolving Relocation Issues Pursuant To The Ali Family Dissolution Principles: Are Children Better Protected?, Janet Leach Richards

BYU Law Review

No abstract provided.


The New "Extended Family"-"De Facto" Parenthood And Standing Under Chapter 2, Gregogy A. Loken Sep 2001

The New "Extended Family"-"De Facto" Parenthood And Standing Under Chapter 2, Gregogy A. Loken

BYU Law Review

No abstract provided.


What Constitutional Law Can Learn From The Ali Principles Of Family Dissolution, David D. Meyer Sep 2001

What Constitutional Law Can Learn From The Ali Principles Of Family Dissolution, David D. Meyer

BYU Law Review

No abstract provided.


Deconstructing Family: A Critique Of The American Law Institute's "Domestic Partners" Proposal, Lynn D. Wardle Sep 2001

Deconstructing Family: A Critique Of The American Law Institute's "Domestic Partners" Proposal, Lynn D. Wardle

BYU Law Review

In promulgating the Principles of the Law of Family Dissolution: Analysis and Recommendations ("Family Dissolution Principles"), the American Law Institute (ALI) proposes an extensive set of new rules to apply in proceedings relating to family dissolution. One of the major policy changes in family law proposed by the Family Dissolution Principles is the expansion of the scope of relationships that are treated as family relations. Many relationships that in the past have been called "alternative relationships" (alternative to family relationships) are treated in the ALI Principles as equal to and given the same legal protections, benefits, rights, and remedies as …


Exporting And Importing Domestic Partnerships: Some Conflict-Of-Laws Questions And Concerns, Ralph U. Whitten Sep 2001

Exporting And Importing Domestic Partnerships: Some Conflict-Of-Laws Questions And Concerns, Ralph U. Whitten

BYU Law Review

This article is about conflicts of laws questions relating to domestic partnerships. The article points out that since there will be states that recognize domestic partnerships because the American Law Institute has expressed approval of domestic partnerships, there will be conflict of laws problems if not all states recognize it. The purpose of this article is to describe some of the conflicts issues that arise when parties to domestic partnerships have, or develop, contacts with more than one state. The article does so by explaining the two broad areas in which these conflicts will arise and by showing that there …


The Likely Impact Of The Ali Principles Of The Law Of Family Dissolution On Property Division, Craig W. Dallon Sep 2001

The Likely Impact Of The Ali Principles Of The Law Of Family Dissolution On Property Division, Craig W. Dallon

BYU Law Review

No abstract provided.


Virtual Mothers And The Meaning Of Parenthood, Annette Ruth Appell Jun 2001

Virtual Mothers And The Meaning Of Parenthood, Annette Ruth Appell

University of Michigan Journal of Law Reform

Professor Appell supports the use of the traditional parental rights doctrine, which accords biological parents, particularly mothers, parental status alienable only voluntarily or upon proof of unfitness. She defends the doctrine against the criticisms that it is regressive and does not protect the interests of children or de facto parents. She contends that the attacks on traditional parental rights doctrine are misguided because they work to the disadvantage of families who do not easily fit the dominant norm-minority, single-mother, lower income, or politically and legally under-represented families. After examining the constitutional underpinnings and application of the parental rights doctrine as …


Gender Bias Task Force: Comments On Family Law Issues, Philip Trompeter Jun 2001

Gender Bias Task Force: Comments On Family Law Issues, Philip Trompeter

Washington and Lee Law Review

No abstract provided.


How To Plot Love On An Indifference Curve, Brian H. Bix May 2001

How To Plot Love On An Indifference Curve, Brian H. Bix

Michigan Law Review

In From Partners to Parents: The Second Revolution in Family Law, June Carbone offers nothing less than a whirlwind tour of the current doctrinal and policy debates of Family Law - an astounding feat in a book whose main text (excluding endnotes and appendices) does not reach 250 pages. There seem to be few controversies about which Carbone has not read widely and come to a conclusion, and usually a fair-minded one: from the effect of no-fault divorce reforms on the divorce rate, to the long-term consequences of slavery for the African-American family (pp. 67-84), to whether the Aid to …


Are We Protecting The Wrong Rights?, Jennifer L. Saulino May 2001

Are We Protecting The Wrong Rights?, Jennifer L. Saulino

Michigan Law Review

Elizabeth Bartholet, in her book Nobody's Children, takes a strong step toward beginning a new kind of dialogue about abused and neglected children. She positions herself as a liberal who has come to terms with the fact that traditional liberal ideals are in conflict with the needs of abused and neglected children (p. 5). In doing so, she tries to convince her readers that, regardless of ideology, we all should have a different focus in the area of child abuse and neglect law. She uses Sabrina as one of several examples of how programs for abused and neglected children that …