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Articles 31 - 51 of 51
Full-Text Articles in Law
Re-Evaluating Grandparental Visitation In North Carolina In Light Of Troxel V. Granville, John M. Lewis
Re-Evaluating Grandparental Visitation In North Carolina In Light Of Troxel V. Granville, John M. Lewis
Campbell Law Review
No abstract provided.
Closing The Window Of Opportunity: The Limited Rights Of Putative Fathers Under N.C. Gen. Stat. § 48-3-601 And In Re Byrd, Lauren Vaughan
Closing The Window Of Opportunity: The Limited Rights Of Putative Fathers Under N.C. Gen. Stat. § 48-3-601 And In Re Byrd, Lauren Vaughan
Campbell Law Review
This note will discuss whether the court's interpretation of N.C. Gen. Stat. § 48- 3-601 is consistent with legislative intent and with North Carolina case law, and will then address whether this statute adequately protects the constitutional rights of unmarried putative fathers as mandated by the United States Supreme Court.
Grandma Got Run Over By The Supreme Court: Suggestions For A Constitutional Nonparental Visitation Statute After Troxel V. Granville, Eric B. Martin
Grandma Got Run Over By The Supreme Court: Suggestions For A Constitutional Nonparental Visitation Statute After Troxel V. Granville, Eric B. Martin
Washington Law Review
Every state in the Union has a statute allowing for court-ordered child visitation by non-parents. Until the summer of 2000, the U.S. Supreme Court had never ruled on the constitutionality of such statutes. When the Court finally tackled Washington's statute in Troxel v. Granville, the Court left the most significant questions unanswered, while casting doubt on the validity of Washington's statute. Prior to Troxel, the Washington Supreme Court had held Washington's nonparental visitation statute facially unconstitutional, finding that the statute violated the Fourteenth Amendment rights of parents. After granting certiorari, the U.S. Supreme Court held Washington's statute unconstitutional …
One Step Forward, Two Steps Back: Vasquez V. Hawthorne Wrongfully Denied Washington's Meretricious Relationship Doctrine To Same-Sex Couples, Amanda J. Beane
One Step Forward, Two Steps Back: Vasquez V. Hawthorne Wrongfully Denied Washington's Meretricious Relationship Doctrine To Same-Sex Couples, Amanda J. Beane
Washington Law Review
Washington's property-division scheme for unmarried couples is among the most progressive in the nation. The scheme has evolved from a time when courts treated unmarried couples unfavorably and generally refused to divide their property equitably. The Washington Supreme Court took a step forward from this approach when it created the meretricious relationship doctrine. Under this doctrine, courts may equitably divide unmarried couples' property at the termination of their relationship if the relationship was stable, marital-like, and the parties cohabited knowing they were not lawfully married. Now, however, the Washington Court of Appeals has restricted the application of this doctrine to …
A "Frozen Exception" For The Frozen Embryo: The Davis "Reasonable Alternatives Exception", Jennifer L. Medenwald
A "Frozen Exception" For The Frozen Embryo: The Davis "Reasonable Alternatives Exception", Jennifer L. Medenwald
Indiana Law Journal
No abstract provided.
Golden Eggs: Towards The Rational Regulation Of Oocyte Donation, Kenneth Baum
Golden Eggs: Towards The Rational Regulation Of Oocyte Donation, Kenneth Baum
BYU Law Review
No abstract provided.
Johnson V. Rodrigues (Ovozco): An Analysis Of The Constitutionality Of Utah's Adoption Statutes, Sarah K.L. Chow
Johnson V. Rodrigues (Ovozco): An Analysis Of The Constitutionality Of Utah's Adoption Statutes, Sarah K.L. Chow
BYU Law Review
No abstract provided.
"A Lawyer Class": Views On Marriage And "Sexual Orientation" In The Legal Profession, William C. Duncan
"A Lawyer Class": Views On Marriage And "Sexual Orientation" In The Legal Profession, William C. Duncan
Brigham Young University Journal of Public Law
No abstract provided.
A Family Affair: Constitutional And Prudential Interests Implicated When Homosexuals Seek To Preserve Or Create Parent-Child Relationships, Kif Skidmore
Kentucky Law Journal
No abstract provided.
Nichol V. Stass: Ending Predictability For Foster Parents In The Law Of Sovereign And Parental Immunity, Sarie E. Winner
Nichol V. Stass: Ending Predictability For Foster Parents In The Law Of Sovereign And Parental Immunity, Sarie E. Winner
Loyola University Chicago Law Journal
No abstract provided.
The G.I.F.T. Of Two Biological And Legal Mothers, Ryiah Lilith
The G.I.F.T. Of Two Biological And Legal Mothers, Ryiah Lilith
American University Journal of Gender, Social Policy & the Law
No abstract provided.
Annual Survey Of Virginia Law: Family Law, Elizabeth P. Coughter, Ronald R. Tweel
Annual Survey Of Virginia Law: Family Law, Elizabeth P. Coughter, Ronald R. Tweel
University of Richmond Law Review
The most significant case decisions regarding family law issues in Virginia this year are those cases involving the preemptive effect of federal law on equitable distribution issues. These cases held that federal law preempts state law when beneficiary provisions of certain insurance policies and retirement plans are being determined. Other important decisions struck down the self-executing provisions of property settlement agreements regarding the payment of child support. Additionally, a decision by the Court of Appeals of Virginia would have abrogated all property settlement agreements endorsed prior to 1998 were it not for a subsequent statutory modification.
Family Development Deductions - An Alternative To Repealing The Estate Tax, Richard J. Kovach
Family Development Deductions - An Alternative To Repealing The Estate Tax, Richard J. Kovach
University of Richmond Law Review
Opposing political and social interests have long conducted a vigorous debate on whether gratuitous transfers of wealth should invoke federal excise taxes. Attempts to eliminate wealth transfer taxes reached a peak in the summer of 2000, when the Senate passed repeal legislation overwhelmingly approved by the House of Representatives. Those supporting repeal point out that wealth transfer taxation discourages work and savings while encouraging consumption. They further assert that transfer taxation revenue does not constitute a very significant portion of total federal revenue. The supporters of repeal also emphasize how the complexity of these taxes has created a parasitic service …
University Of Richmond Law Review
University Of Richmond Law Review
University of Richmond Law Review
No abstract provided.
Family Law: Whose Kids Are They, Anyway?: Analyzing Troxel V. Granville And The Current State Of Oklahoma's Grandparent Visitation Statute, Natania M. Soto
Family Law: Whose Kids Are They, Anyway?: Analyzing Troxel V. Granville And The Current State Of Oklahoma's Grandparent Visitation Statute, Natania M. Soto
Oklahoma Law Review
No abstract provided.
Troxel V. Granville 120 S. Ct. 2054 (2000), Margaret Byrne
Troxel V. Granville 120 S. Ct. 2054 (2000), Margaret Byrne
American University Journal of Gender, Social Policy & the Law
No abstract provided.
The Children Of Homosexual Parents: The Voices The Courts Have Yet To Hear. , Eileen P. Huff
The Children Of Homosexual Parents: The Voices The Courts Have Yet To Hear. , Eileen P. Huff
American University Journal of Gender, Social Policy & the Law
No abstract provided.
Natural Law, Marriage, And The Thought Of Karol Wojtyla, John J. Coughlin
Natural Law, Marriage, And The Thought Of Karol Wojtyla, John J. Coughlin
Fordham Urban Law Journal
This Article examines the loss of the natural law perspective from legal theory and the movement towards liberal theory. The Article continues by analyzing two features of the natural law tradition as described in the philosophical writings of Karol Wojtyla. The first feature concerns marriage and family as the fundamental human community. The second considers marriage as a virtuous relationship. The Article concludes with practical suggestions for the legal profession and legal education with regard to counseling clients about marriage.
Adjourning Justice: New York State's Failure To Support Assigned Counsel Violates The Rights Of Families In Child Abuse And Neglect Proceedings, Sheri Bonstelle, Christine Schessler
Adjourning Justice: New York State's Failure To Support Assigned Counsel Violates The Rights Of Families In Child Abuse And Neglect Proceedings, Sheri Bonstelle, Christine Schessler
Fordham Urban Law Journal
This Comment evaluates New York City’s framework for assigning counsel to Family Court litigants, known as the 18-B system. Recognizing the lack of government support for 18-B attorneys, the author examines existing proposals to alter the Family Court system, and suggests a plan of action for a legislative task force. The Comment outlines the evolution of the assigned counsel system in New York and the history of child welfare policy, and discusses the roles of the Family Court attorneys, judges, and the legislature in maintaining adequate representation for parents. Next, the author examines the aspects of the Family Court and …
Is Twenty-Two Months Beyond The Best Interest Of The Child? Asfa's Guidelines For The Termination Of Parental Rights, Katherine A. Hort
Is Twenty-Two Months Beyond The Best Interest Of The Child? Asfa's Guidelines For The Termination Of Parental Rights, Katherine A. Hort
Fordham Urban Law Journal
This Note first discusses the legal precedents, child development theories, and policies regarding "reasonable efforts" and parental termination that led to the enactment of ASFA. Next, it examines Illinois's and New York's different responses to ASFA. It also introduces the debate over "congregate care" as an alternative for those children who may never be returned to a parent's care, but whom are unlikely to be adopted. Lastly, it argues that the New York system is more workable than the Illinois system given the complexities of the foster care system. This Note concludes by arguing the federal government's rigid time frame …
The Economics Of Dowry: Causes And Effects Of An Indian Tradition, Tonushree Jaggi
The Economics Of Dowry: Causes And Effects Of An Indian Tradition, Tonushree Jaggi
University Avenue Undergraduate Journal of Economics
I argue that dowries exist because of a combination of two reasons. First, there is an excess supply of women in the Indian marriage market that results in the use of dowry as an equilibrating mechanism. Secondly, a differential in the patterns of human capital accumulation of men and women have led to a larger positive benefit from marriage for women than for men, the net difference of which is theoretically equivalent to the amount of the dowry. Both these explanations for the existence of dowry are fundamentally grounded in the powerful social and cultural ideologies of marriage held by …