Law Commons^™

Brief Amicus Curiae Of Joseph R. Grodin As Amicus Curiae Supporting Neither Party (Vacatur), Elk Grove Unified School District V. Newdow, No. 02-1624 (U.S. Dec. 19, 2003), ., Neal K. Katyal

U.S. Supreme Court Briefs

No abstract provided.

An Islamic Perspective On Domestic Violence, Azizah Y. Al-Hibri

Law Faculty Publications

In this Article, the author addresses the traditional Islamic view of domestic violence. To understand the Islamic perspective on domestic violence, the author will explore the Islamic view of gender relations, especially within the family. This view is rooted in the Qur'an, which is examined in this Article.

For And Against Marriage: A Revision., Anita Bernstein

Faculty Scholarship

No abstract provided.

Child Care Quality And Workforce Characteristics In Four Midwestern States, Helen Raikes, Brian Wilcox, Carla Peterson, Susan Hegland, Jane Atwater, Jean Ann Summers, Kathy Thornburg, Julia C. Torquati, Carolyn P. Edwards, Abbie Raikes

Center on Children, Families, and the Law (and related organizations): Publications

The purpose of the Year 1 Studies of the Midwest Child Care Research Consortium was to describe hypothesized and potential indicators of quality, to measure observed quality, and to conduct preliminary analyses to determine relationships between the hypothesized and potential indicators and observations of quality, using a representative, randomly selected sample of the provider population. The states studied—Iowa, Kansas, Missouri, and Nebraska—comprise U.S. Department of Health and Human Services Region VII. Following an examination of the child care policy context in the four states, a telephone survey of 2,022 child care providers, and observations of 365 providers, were completed during …

Subsidized Guardianship: A New Permanancy Option, Cynthia Godsoe

Faculty Scholarship

No abstract provided.

Delinquency Jurisdiction In A Unified Family Court: Balancing Intervention, Prevention, And Adjudication, Gloria Danziger

All Faculty Scholarship

This article will examine the demographics of the current juvenile delinquency caseloads and will argue that, despite trends toward greater punitive measures-including placement of juveniles in adult courts for certain offenses, the concept of a therapeutic "family-centered court," which inspired Jane Addams and her colleagues, remains the most promising approach to delinquency, articulated most notably by the proponents of the unified family court concept. The article will consider and address objections and concerns raised with respect to this approach, looking at ways in which several states have incorporated juvenile delinquency into a family-centered unified family court.

Marriage Markets, Martha M. Ertman

Faculty Scholarship

No abstract provided.

From Genes, Marriage And Money To Nurture: Redefining Fatherhood, Nancy E. Dowd

UF Law Faculty Publications

Genes should not define fatherhood. This is wrong for men, and wrong for children. Genes define identity, but that link should be separated from the obligations and rights of parenthood. Specifically, I argue that fatherhood should be defined by doing (action) instead of being (status), with the critical component being acts of nurturing. In this essay I define in more detail this concept of fatherhood and its characteristics; discuss the consequences related to genetic ties; and consider the policy implications of defining fatherhood around nurture when genetic ties can be established for all children. It is critical throughout to remain …

Symposium Editor's Note, Barbara A. Babb

All Faculty Scholarship

No abstract provided.

Section 3: Gay Rights After Lawrence, Institute Of Bill Of Rights Law, William & Mary Law School

Supreme Court Preview

No abstract provided.

Spruce Run News (Fall 2003), Spruce Run Staff

Maine Women's Publications - All

No abstract provided.

Ub Viewpoint – Changing Roles Of Fatherhood, Jane C. Murphy

All Faculty Scholarship

No abstract provided.

Children At Clandestine Methamphetamine Labs: Helping Meth’S Youngest Victims, Karen Swetlow

Center on Children, Families, and the Law (and related organizations): Publications

Contents:

Message from the Director
What Is Methamphetamine?
Meth Production Site: Not Really a Laboratory
Methamphetamine Trends in the United States
Dangers to Children Living at Meth Labs
Children Involved in Methamphetamine Lab-Related Incidents in the United States
Children Found in Meth Lab Homes
Multidisciplinary Teams: Elements of Success
Promising Practices in the Field
Conclusion

The Abuse And Neglect Of Children: Interdisciplinary Perspectives, Roger Williams University School Of Law

School of Law Conferences, Lectures & Events

No abstract provided.

Breaking The Cycle Of Defeat For 'Deadbroke' Noncustodial Parents Through Advocacy On Child Support Issues, Daniel L. Hatcher, Hannah Lieberman

All Faculty Scholarship

The child support system is not serving low-income families well. Custodial parents are not receiving the child support they need. Enforcement of child support for lowincome parents receiving welfare primarily benefits the state because the payments are owed to the government. Low-income noncustodial parents face unrealistically high child support orders and large arrearages take so much of their wages that they cannot support themselves. They go to jail-often recurrently-because they cannot meet their obligations and thereby lose the opportunity to keep a job. Their driver's licenses are suspended because they have not paid their support. To evade this punitive cycle, …

The Modest Promise Of Children’S Relationship Rights, David D. Meyer

Faculty Scholarship

No abstract provided.

Written Testimony Of Professor Ralph Ruebner On House Bill 1507: Jury Trial In Parental Termination Cases, Illinois 93rd General Assembly (April 1, 2003), Ralph Ruebner

Court Documents and Proposed Legislation

No abstract provided.

Spousal Election: Suggested Equitable Reform For The Division Of Property At Death, Angela M. Vallario

All Faculty Scholarship

Testators have traditionally enjoyed immense discretion in directing the disposition of their wealth upon death; however, when a spouse survives the testator, public policy dictates a limitation on the testator's ability to dispose of property. American jurisdictions impose this limitation through the elective share in common law states and by the nature of property ownership in community property states. Ideally, this limitation should ensure equitable financial protection for the surviving spouse and protect his or her interest in assets that were accumulated with the decedent, yet the current elective share methods fall short of these goals.

Spruce Run News (Spring 2003), Spruce Run Staff

Maine Women's Publications - All

No abstract provided.

Ub Viewpoint – Creation Of A Caring Justice System, Barbara A. Babb

All Faculty Scholarship

No abstract provided.

Engaging With The State: The Growing Reliance On Lawyers And Judges To Protect Battered Women, Jane C. Murphy

All Faculty Scholarship

The passage of the federal Violence Against Women Act of 2000 (“VAWA II”) marked an important milestone in the evolution of the domestic violence movement. VAWA II created, among other things, a complex system for state and federal funding in all fifty states to provide civil legal assistance to battered women. Its passage completed a process that began in the early 1980s when domestic violence advocates shifted their focus from grass roots efforts to help battered women and their children leave abusive partners to building alliances with government and advocating for legal remedies to assist battered women. This paper looks …

Reforming Child Protection In Response To The Catholic Church Child Sexual Abuse Scandal, Susan Vivian Mangold

Journal Articles

No abstract provided.

Grandparent Visitation Claims: Assessing The Multiple Harms Of Litigation To Families And Children, Stephen A. Newman

Articles & Chapters

This article provides a detailed appraisal of the negative consequences of grandparent visitation lawsuits, and of the harms caused by state-coerced grandparent visitation, in the context of the malfunctioning extended family. I suggest that the special weight afforded a fit parent's decision should be very substantial, and that it should be dispositive of the case unless the grandparent can produce convincing evidence showing that extraordinary circumstances, involving clear harm to the child, justify court ordered visitation. This high degree of deference to parents derives from two features of grandparent visitation cases that deserve more attention than they have received so …

A Prescription For Gender: How Medical Professionals Can Help Secure Equality For Transgender People, Jennifer L. Levi

Faculty Scholarship

Transgender people have made tremendous legal gains in the last several years. We live in a period of rapid social change, hopefully approaching a time when transgender individuals and our families enjoy the same legal rights and privileges afforded to other members of society. However, we are not there yet. This essay discusses the role medical professionals must play if transgender people are to achieve full humanity in light of legal developments in the areas of employment and family law. Medical professionals are at the heart of directing and implementing policies that have an enormous effect on the lives of …

Protecting Transgender Families: Strategies For Advocates, Taylor Flynn

Media Presence

This Article discusses the difficulties involving divorce for married transgender women and men in the United States. For a transgender (trans) man or woman, what begins as the dissolution of a relationship may be transformed into a public nightmare in which the individual is forced to defend the authenticity of his or her gender in the face of relentless, brutal, and humiliating questions about the most intimate details of personal anatomy and sexual practices.

The Author suggest that the courts should point to the medical standards of care, which conclude that sex is determined by gender identity: the court then …

Separation, Custody, And Estate Planning Issues Relating To Companion Animals, Rebecca J. Huss

Law Faculty Publications

This article first discusses the domestication of companion animals, including the impact of anthropomorphism and neoteny on how animals are viewed in U.S. society. Second, it reviews the current legal status of animals. Third, it considers the voluntary and involuntary separation of companion animals from their human families. Fourth, it examines custody issues in the context of the placement of animals after the divorce of the human family members. Finally, it analyzes estate planning issues relating to companion animals.

Marriage Law: Obsolete Or Cutting Edge?, Jeffrey S. Lehman

Cornell Law Faculty Publications

No abstract provided.

The "Pitiless Double Abuse" Of Battered Mothers, Justine A. Dunlap

Faculty Publications

Mothers are expected to do and be all for their children, and those who fall short are criticized. Elizabeth Schneider makes this unassailable assertion in her book Battered Women and Feminist Lawmaking. In the chapter entitled Motherhood and Battering, Schneider argues that society reserves its greatest opprobrium for mothers who harm their children or who are perceived to stand idly by while other harm their children. As Schneider demonstrates, women who fail to protect their children, even if they attempt to do so, can be legally liable and soundly condemned. This ill-conceived accountability is most likely to occur …

My Father Is A Woman, Oh No!: The Failure Of The Courts To Uphold Individual Substantive Due Process Rights For Transgender Parents Under The Guise Of The Best Interests Of The Child, Helen Chang

Publications

Under the guise of the "best interest of the child," courts have denied biological and legal parents both custody and visitation rights over their children because these parents were either in the process of changing, or had completed a change, in their sexual and/or gender identity. One court has even terminated the parent-child relationship because of a parent's transgender status. This article proposes that a parent's transgender status does not render that parent per se unfit for custody and/or visitation. Rather, a parent's gender change should be used as merely one factor within the nexus test used by the court …

A Constitutional Challenge To Michigan’S Ban On Second Parent Adoption By The Unmarried Partner Of The Child’S Current Parent, Robert Allen Sedler

Law Faculty Research Publications

No abstract provided.