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- Marriage (5)
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- Family law (3)
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- Publication
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- Faculty Scholarship (13)
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Articles 1 - 30 of 50
Full-Text Articles in Law
Brief In Opposition, Nevada Department Of Human Resources V. Hibbs, No. 01-1368 (U.S. 2001), Cornelia T. Pillard
Brief In Opposition, Nevada Department Of Human Resources V. Hibbs, No. 01-1368 (U.S. 2001), Cornelia T. Pillard
U.S. Supreme Court Briefs
No abstract provided.
The Judicial Process For Victims Of Domestic Violence, And The Health Impact Of Domestic Violence, Assembly Select Committee On Domestic Violence
The Judicial Process For Victims Of Domestic Violence, And The Health Impact Of Domestic Violence, Assembly Select Committee On Domestic Violence
California Assembly
No abstract provided.
Valuation, Allocation, And Distribution Of Retirement Plans At Divorce: Where Are We?, Elizabeth Brandt
Valuation, Allocation, And Distribution Of Retirement Plans At Divorce: Where Are We?, Elizabeth Brandt
Articles
No abstract provided.
Incest In A Thousdand Acres: Cheap Trick Or Feminist Re-Vision, Susan Ayres
Incest In A Thousdand Acres: Cheap Trick Or Feminist Re-Vision, Susan Ayres
Faculty Scholarship
This article ultimately argues that the plot changes are not a cheap trick intended to manipulate the reader's emotions, but a feminist re-vision, which succeeds or not depending on the reader's critical feminist perspective. Thus, Part Two delineates several feminist stances, such as liberal feminism, radical feminism, social feminism, and postmodern feminism, and summarizes the plot changes Smiley has imposed on King Lear. Part Three considers one major plot change - the longing for the mother - in terms of patriarchy's suppression of a maternal genealogy and feminine language. This part argues that the novel successfully demonstrates the difficulty in …
Rethink The Laws Relating To Fathers (Change: With The Decline In Married Mothers And Traditional Families, The Legal Image Of Dads Needs Re-Examination), Jane C. Murphy
All Faculty Scholarship
This "marital presumption" permitted courts to assume a set of biological facts in the name of preserving the sanctity and stability of what was assumed to be the cornerstone of a healthy society — the traditional family of husband, wife and children. In the last decades of the 20th century, science developed paternity testing with results approaching certainty. Despite the availability of DNA testing, the marital presumption is still used in many courtrooms to answer the question of who is the legal father. What one scholar has called "the law's struggle to preserve the fiction of an older moral order" …
Lochner Redeemed: Family Privacy After Troxel And Carhart, David D. Meyer
Lochner Redeemed: Family Privacy After Troxel And Carhart, David D. Meyer
Faculty Scholarship
No abstract provided.
Restitching The American Quilt: Untangling Marriage From The Nuclear Family, Lisa Milot
Restitching The American Quilt: Untangling Marriage From The Nuclear Family, Lisa Milot
Scholarly Works
Part I of this Note will trace the various threads of American marriage law, particularly the perception that marriage is unraveling today due to an unprecedented divorce crisis. Part II will disentangle the conflicting patterns of contract law and status regimes that variously govern marriage, focusing on the uneven enforcement of antenuptial contracts and the implications of such. Part III will argue that the true focus of regulation is the status of the nuclear family, not of marriage per se. Finally, Part IV will propose a bifurcation of the legal regimes governing marriage and the family, recognizing the ability of …
Florida's Foster Care System Fails Its Children, Timothy L. Arcaro
Florida's Foster Care System Fails Its Children, Timothy L. Arcaro
Faculty Scholarship
This article will attempt to draw attention to the pervasive problem of child sexual abuse in foster care by identifying circumstances that contribute to sexual victimization. Hopefully the discussion will illuminate the plight of child victims of sexual abuse and generate discourse on a new paradigm of protection initiatives for foster children. Part I of the article will explain child protection proceedings and how children enter the foster care system. Part II will describe common characteristics of state foster care systems. Part III will discuss traditional notions of child sexual abuse and their illusory application in the context of sexual …
Constitutional Pragmatism For A Changing American Family, David D. Meyer
Constitutional Pragmatism For A Changing American Family, David D. Meyer
Faculty Scholarship
No abstract provided.
Domestic Partnership And Erisa Preemption, Jeffrey G. Sherman
Domestic Partnership And Erisa Preemption, Jeffrey G. Sherman
All Faculty Scholarship
No abstract provided.
Alternative Caretaking And Family Autonomy: Some Thoughts In Response To Dorothy Roberts, Katharine K. Baker
Alternative Caretaking And Family Autonomy: Some Thoughts In Response To Dorothy Roberts, Katharine K. Baker
All Faculty Scholarship
No abstract provided.
Dialectics And Domestic Abuse, Katharine K. Baker
Dialectics And Domestic Abuse, Katharine K. Baker
All Faculty Scholarship
No abstract provided.
The Ali Principles: A Farewell To Fault--But What Remedy For The Egregious Marital Misconduct Of An Abusive Spouse, Peter N. Swisher
The Ali Principles: A Farewell To Fault--But What Remedy For The Egregious Marital Misconduct Of An Abusive Spouse, Peter N. Swisher
Law Faculty Publications
The fundamental premise of this commentary is that the ALl has erred in not including appropriate nonfinancial fault-based factors in the Principles for three major reasons: 1) other no-fault laws, including no-fault automobile insurance law, no-fault workers compensation law, and strict liability in tort law, have all incorporated a number of fault-based exceptions to their general no-fault framework for serious or egregious conduct, and American divorce law should likewise have a similar fault-based exception for serious or egregious marital misconduct; 2) a substantial number of states continue to recognize and utilize a number of fault-based statutory factors in divorce for …
What Constitutional Law Can Learn From The Ali Principles Of Family Dissolution, David D. Meyer
What Constitutional Law Can Learn From The Ali Principles Of Family Dissolution, David D. Meyer
Faculty Scholarship
No abstract provided.
The Strange History Of Adult Adoptee Access To Original Birth Records, Elizabeth Samuels
The Strange History Of Adult Adoptee Access To Original Birth Records, Elizabeth Samuels
All Faculty Scholarship
In the late 1940s and early 1950s, contemporary accounts reported that most states had sealed adoption court records completely but, typically, had sealed original birth certificates from all persons except adult adoptees. Through the 1950s influential experts recommended that original birth certificates remain available to adult adoptees, while birth and court records otherwise be closed to all persons except upon court order. In 1960 the laws in some 40 percent of the states still permitted adult adoptees to inspect them, but between 1960 and 1990 all but a handful of the rest of the states closed the birth records to …
The Idea Of Adoption: An Inquiry Into The History Of Adult Adoptee Access To Birth Records, Elizabeth Samuels
The Idea Of Adoption: An Inquiry Into The History Of Adult Adoptee Access To Birth Records, Elizabeth Samuels
All Faculty Scholarship
There has been in recent years and there continues to be intense debate around the country about whether to open original birth records to adult adoptees. Our understanding of the legal history relevant to the debate has been incomplete and inaccurate. According to this understanding, the state laws that closed court and birth records to the parties to adoptions generally closed these records for all time to all parties; the laws had a primary purpose of insuring lifelong anonymity for birth parents; and the laws became nearly universal by about the middle of the twentieth century. In fact, the history …
Kinship Care And The Price Of State Support For Children, Dorothy E. Roberts
Kinship Care And The Price Of State Support For Children, Dorothy E. Roberts
All Faculty Scholarship
No abstract provided.
Reflecting Reality: Adding Elder Abuse And Neglect To Legal Education, Seymour H. Moskowitz
Reflecting Reality: Adding Elder Abuse And Neglect To Legal Education, Seymour H. Moskowitz
Law Faculty Publications
No abstract provided.
Ali Child Support Principles: A Lesson In Public Policy And Truth-Telling, Karen Czapanskiy
Ali Child Support Principles: A Lesson In Public Policy And Truth-Telling, Karen Czapanskiy
Faculty Scholarship
No abstract provided.
The Ali Principles' Approach To Domestic Partnership, Martha M. Ertman
The Ali Principles' Approach To Domestic Partnership, Martha M. Ertman
Faculty Scholarship
No abstract provided.
Marriage As A Trade: Bridging The Private/Private Distinction, Martha M. Ertman
Marriage As A Trade: Bridging The Private/Private Distinction, Martha M. Ertman
Faculty Scholarship
No abstract provided.
Changing The Meaning Of Motherhood, Martha M. Ertman
Changing The Meaning Of Motherhood, Martha M. Ertman
Faculty Scholarship
No abstract provided.
Ethical Judgment And Interdisciplinary Collaboration In Custody And Child Welfare Cases, Deborah J. Weimer
Ethical Judgment And Interdisciplinary Collaboration In Custody And Child Welfare Cases, Deborah J. Weimer
Faculty Scholarship
No abstract provided.
Troxel V. Granville: Implications For At Risk Children And The Amicus Curiae Role Of University-Based Interdisciplinary Centers For Children, Barbara Bennett Woodhouse, Sacha M. Coupet
Troxel V. Granville: Implications For At Risk Children And The Amicus Curiae Role Of University-Based Interdisciplinary Centers For Children, Barbara Bennett Woodhouse, Sacha M. Coupet
Faculty Publications & Other Works
No abstract provided.
Mandatory Divorce Education: What Do The Parents Say?, Nancy Ver Steegh, Solveig Erickson
Mandatory Divorce Education: What Do The Parents Say?, Nancy Ver Steegh, Solveig Erickson
Faculty Scholarship
Between 1994 and 1998, the number of states offering parent education classes for divorcing couples quadrupled. The State of Minnesota participated in this trend with the passage of Minnesota Statutes Section 518.157 requiring that each judicial district implement a parent education program. Parent education at the time of divorce seems to constitute sound public policy. However, no final conclusions can be drawn without asking the question, "What do the parents think about mandatory divorce education?" Part II of this article will examine the societal and legal context of divorce education for parents and the response of the court system. Part …
Why Marriage?, Martha Albertson Fineman
Why Marriage?, Martha Albertson Fineman
Faculty Articles
Reflection on the prospect of varied, individualized possibilities for the meaning of marriage suggests, that in order to answer the question "why marriage?" we must first consider "what marriage?" or more succinctly, "what is marriage?" Questioning what marriage actually is calls attention to the institution's individualized and malleable nature. By contrast, a focus on "why marriage" highlights the societal function and rationale for the institution. I will discuss each question-the "what" as well as the "why" of marriage.
Moving Toward A First-Best World: Minnesota's Position On Multiethnic Adoptions, Margaret F. Brinig
Moving Toward A First-Best World: Minnesota's Position On Multiethnic Adoptions, Margaret F. Brinig
Journal Articles
The best world allows a child to grow to adulthood with biological parents, or at least one parent, who love the child unconditionally and who have resources to support the child. A second-best world allows the child to permanently and completely become part of an extended family that loves him or her and has the resources for supporting and meeting the child's needs. Hopefully this process costs little in terms of time or emotional or physical harm to the child. In traditional third-party adoptions, the child permanently moves and becomes part of (hopefully, at low cost) a family that will …
Transgressing The Border Between Protection And Empowerment For Domestic Violence Victims And Older Children: Empowerment As Protection In The Foster Care System, Susan Vivian Mangold
Transgressing The Border Between Protection And Empowerment For Domestic Violence Victims And Older Children: Empowerment As Protection In The Foster Care System, Susan Vivian Mangold
Journal Articles
No abstract provided.
Separated Spouses, Joanna L. Grossman
Separated Spouses, Joanna L. Grossman
Faculty Journal Articles and Book Chapters
No abstract provided.
Indian Child Welfare Act: Keeping Families Together And Minimizing Litigation, Sarah Krakoff
Indian Child Welfare Act: Keeping Families Together And Minimizing Litigation, Sarah Krakoff
Publications
No abstract provided.