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2009

Family Law

Institution
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Articles 1 - 30 of 235

Full-Text Articles in Law

Gestational Surrogacy And The Health Care Provider: Put Part Of The "Ivf Genie" Back Into The Bottle, Karen H. Rothenberg Dec 2009

Gestational Surrogacy And The Health Care Provider: Put Part Of The "Ivf Genie" Back Into The Bottle, Karen H. Rothenberg

Karen H. Rothenberg

No abstract provided.


Alimony Treatment For A Single Payment, Douglas A. Kahn Dec 2009

Alimony Treatment For A Single Payment, Douglas A. Kahn

Articles

Before 1942 alimony paid to a former spouse was not included in the spouse’s gross income. In 1942 Congress adopted the antecedent to section 71. Although an alimony recipient must recognize gross income, section 215 provides the payer with a nonitemized deduction for the payment. Therefore, the alimony tax provisions provide a congressionally approved income-splitting arrangement which can benefit the parties by shifting income from a high-bracket taxpayer to one in a lower tax bracket. The parties can divide the resulting savings between them by altering the amount paid to the former spouse.


"Just Like Little Dogs": The Law Should Speak With Veracity And Respect, Scott T. Fitzgibbon Dec 2009

"Just Like Little Dogs": The Law Should Speak With Veracity And Respect, Scott T. Fitzgibbon

Boston College Law School Faculty Papers

This article proposes veracity and respect as basic guides for law. It thus supplements dominant lines of thought which emphasize instrumentalist criteria such as promoting efficiency, maximizing utility, and deterring and remedying harm. This article proposes that it is a great good for a judge, a legislator, and all who speak as the law to exercise the virtue of veracity and to speak with respect, and that it is especially bad in the case of such legal officers to depart from those practices. It points out some implications for family law.


For Both Love And Money: Viviana Zelizer's "The Purchase Of Intimacy", Martha M. Ertman Dec 2009

For Both Love And Money: Viviana Zelizer's "The Purchase Of Intimacy", Martha M. Ertman

Martha M. Ertman

Viviana Zelizer’s recent book, The Purchase of Intimacy (2005) presents an innovative theory of how social and legal actors negotiate rights and obligations when money changes hands in intimate relationships--a perspective that could change how we understand many things, from valuations of homemaking labor to the 9/11 Victim Compensation Fund. This essay describes Zelizer’s critique of the reductionist “Hostile Worlds” and “Nothing But” approaches to economic exchange in intimate relationships, then explains her more three-dimensional approach, “Connected Lives.” While Zelizer focuses on family law, the essay goes beyond that context, extending Zelizer’s approach to transfers of ...


Avoiding Another Eldorado: Balancing Parental Liberty And The Risk Of Error With Governmental Interest In The Well-Being Of Children In Complex Cases Of Child Removal, Andrew T. Erwin Dec 2009

Avoiding Another Eldorado: Balancing Parental Liberty And The Risk Of Error With Governmental Interest In The Well-Being Of Children In Complex Cases Of Child Removal, Andrew T. Erwin

William & Mary Law Review

No abstract provided.


Toward A Theory Of Procedural Justice For Juveniles, Tamar R. Birckhead Dec 2009

Toward A Theory Of Procedural Justice For Juveniles, Tamar R. Birckhead

Buffalo Law Review

No abstract provided.


Featured Speaker, Girls In The United States Justice System, Francine Sherman Nov 2009

Featured Speaker, Girls In The United States Justice System, Francine Sherman

Francine T. Sherman

No abstract provided.


Featured Speaker, Social Welfare V. Social Control: Juvenile Justice In The United States, Francine Sherman Nov 2009

Featured Speaker, Social Welfare V. Social Control: Juvenile Justice In The United States, Francine Sherman

Francine T. Sherman

No abstract provided.


Evidence Issues In Cina Cases, Lynn Mclain Nov 2009

Evidence Issues In Cina Cases, Lynn Mclain

All Faculty Scholarship

This handout reviews different evidence issues involved in CINA (Children in Need of Assistance) cases in Maryland.


A Look Back And A Look Forward: Legislative And Regulatory Highlights For 2008 And 2009 And A Discussion Of Juvenile Transfer, Andrew K. Block Nov 2009

A Look Back And A Look Forward: Legislative And Regulatory Highlights For 2008 And 2009 And A Discussion Of Juvenile Transfer, Andrew K. Block

University of Richmond Law Review

No abstract provided.


Deporting Grandma: Why Grandparent Deportation May Be The Next Big Immigration Crisis And How To Solve It, Marcia A. Yablon-Zug Nov 2009

Deporting Grandma: Why Grandparent Deportation May Be The Next Big Immigration Crisis And How To Solve It, Marcia A. Yablon-Zug

Faculty Publications

This Article explores the issue of grandparent caregiver deportation. The phenomenon of grandparents raising grandchildren is not new, but the number of children being raised by grandparents is at an all-time high and growing. Numerous circumstances can lead to a grandparent's assumption of caregiving responsibilities, but in most cases, grandparents assume this role because there is no one else. For thousands of children, grandparents are the only family they have, and without them these children would be placed in foster care and subject to the serious problems that plague children in foster care. The importance of grandparent caregivers cannot ...


Community Based Divorce Education Programmes: Short-Term And Longer-Term Impacts, Sherrill W. Hayes, Lori Pelletier Oct 2009

Community Based Divorce Education Programmes: Short-Term And Longer-Term Impacts, Sherrill W. Hayes, Lori Pelletier

Sherrill W. Hayes

Surveys of mandatory parent education in the USA (M J Geasler and K R Blaisure, ‘A review of divorce education programme materials’ (1998) 47 Family Relations 167–175; M J Geasler and K R Blaisure, ‘1998 Nationwide survey of court-connected divorce education programmes’ (1999) 37 Family and Conciliation Courts Review 36–63; S L Pollet and M Lombreglia, ‘A nationwide survey of mandatory parent education’ (2008) 46(2) Family Court Review 375–394) have demonstrated the positive impact of well-designed, evidence-based programmes on children and families. Divorce education programmes for parents are now required in many jurisdictions in 46 states ...


Testimony Before The D.C. Council On Marriage Equality & Domestic Partnerships, Nancy Polikoff Oct 2009

Testimony Before The D.C. Council On Marriage Equality & Domestic Partnerships, Nancy Polikoff

Congressional and Other Testimony

An expert on family law issues affecting gay and lesbian couples, parents and their children, the author provides testimony in support of deleting a provision from pending legislation that would eliminate the legal status of domestic partnerships in Washington, DC. Legal status of domestic partnerships recognizes committed familial relationships other than marriage and is important to family stability and to allocate rights and responsibilities of gay and lesbian couples.


Same-Sex Relationships And The Full Faith And Credit Clause: Reducing America To The Lowest Common Denominator, Rena M. Lindevaldsen Oct 2009

Same-Sex Relationships And The Full Faith And Credit Clause: Reducing America To The Lowest Common Denominator, Rena M. Lindevaldsen

Faculty Publications and Presentations

This Article examines the legal and policy implications that arise when a state that expressly prohibits recognition or enforcement of any rights arising from a same-sex relationship is confronted with a request to register and enforce a child custody order issued by another state that gives custody or visitation rights to a biological mother's former same-sex partner. As more states confer marital rights to same-sex couples, this issue will occur with increasing frequency. The first reported case in the nation to address the issue, Miller-Jenkins v. Miller-Jenkins, has garnered attention from the national media, including a cover story in ...


U.S. Immigration Law And The Traditional Nuclear Conception Of Family: Toward A Functional Definition Of Family That Protects Children's Fundamental Human Rights, Shani M. King Oct 2009

U.S. Immigration Law And The Traditional Nuclear Conception Of Family: Toward A Functional Definition Of Family That Protects Children's Fundamental Human Rights, Shani M. King

UF Law Faculty Publications

Although the paramount purpose of United States immigration law is not to protect the integrity of family, U.S.immigration law does explicitly aim to do so in certain circumstances. The Immigration and Nationality Act (INA) includes family reunification provisions, for example, which allow United States citizens and lawful permanent residents to petition for family members who live in other countries to join them in the United States. Even the Illegal Immigration Reform and Immigrant Responsibility Act of 1996 (IIRIRA), often described as a draconian statute, technically allows otherwise removable "aliens" to remain in the United States if removal would ...


Same-Sex Relationships And The Full Faith And Credit Clause: Reducing America To The Lowest Common Denominator, Rena M. Lindevaldsen Oct 2009

Same-Sex Relationships And The Full Faith And Credit Clause: Reducing America To The Lowest Common Denominator, Rena M. Lindevaldsen

William & Mary Journal of Race, Gender, and Social Justice

This Article examines the legal and policy implications that arise when a state that expressly prohibits recognition or enforcement of any rights arising from a same-sex relationship is confronted with a request to register and enforce a child custody order issued by another state that gives custody or visitation rights to a biological mother’s former same-sex partner. As more states confer marital rights to same-sex couples, this issue will occur with increasing frequency. The first reported case in the nation to address the issue, Miller-Jenkins v. Miller-Jenkins, has garnered attention from the national media, including a cover story in ...


Cryopreserved Embryos As America's Prospective Adoptees: Are Couples Truly "Adopting" Or Merely Transferring Property Rights?, Alexia M. Baiman Oct 2009

Cryopreserved Embryos As America's Prospective Adoptees: Are Couples Truly "Adopting" Or Merely Transferring Property Rights?, Alexia M. Baiman

William & Mary Journal of Race, Gender, and Social Justice

No abstract provided.


Stop The Killing: Potential Courtroom Use Of A Questionnaire That Predicts The Likelihood That A Victim Of Intimate Partner Violence Will Be Murdered By Her Partner, Amanda Hitt, Lynn Mclain Oct 2009

Stop The Killing: Potential Courtroom Use Of A Questionnaire That Predicts The Likelihood That A Victim Of Intimate Partner Violence Will Be Murdered By Her Partner, Amanda Hitt, Lynn Mclain

All Faculty Scholarship

Judges in domestic cases often underestimate the risk to a mother and her children that an angry and abusive father or other intimate partner poses. In a recent Maryland case, for example, two judges refused to deny a father visitation or require that visitation be supervised, despite the fact that the father had threatened suicide. During the father’s unsupervised visitation, he drowned all three of his children, then attempted to kill himself.

The Danger Assessment tool (the D.A.) developed by a Johns Hopkins Nursing professor and validated by herself and other social scientists shows how much the father ...


Prostitution Destroys Families, Anonymous In Providence, Donna M. Hughes Dr. Sep 2009

Prostitution Destroys Families, Anonymous In Providence, Donna M. Hughes Dr.

Donna M. Hughes

The bill against indoor prostitution should be passed. [Prostitution] destroys many families. What happens when a wife catches her husband going to spa or strip clubs? Divorce usually, and then the children involved go to counseling and so does the wife. Medical costs rise, not including STD’s the men catch from these women. To worry about what jobs they’ll get if they can’t do sex acts, well dancing for men is one thing, having sex with them is [another]. If [prostitution] is no longer allowed, the club owners should pay the fines if they cannot control what ...


Re-Inventing The Pyramid: A Process For Teaching And Learning In Mediation Courses, John Wade Sep 2009

Re-Inventing The Pyramid: A Process For Teaching And Learning In Mediation Courses, John Wade

John Wade

This article describes an orthodox teaching and learning process known as the pyramid. It sets out how this basic process can be used in mediation (and other) training courses. The variations, advantages, and disadvantages of this learning procedure are described. Analogies are drawn between the pyramid method and mediation. Finally, mediators are challenged to add this process and its variations to their repertoires both as trainers and as mediators.


Forever Bargaining In The Shadow Of The Law - Who Sells Solid Shadows? (Who Advises What, How And When?), John Wade Sep 2009

Forever Bargaining In The Shadow Of The Law - Who Sells Solid Shadows? (Who Advises What, How And When?), John Wade

John Wade

Extract: Mediators, lawyers and other skilled helpers normally exhort disputants to obtain “independent legal advice” before or after entering into negotiations. This article attempts to demystify and catalogue the concept of “legal advice” particularly in family disputes. Such a catalogue of in-formation and advice quickly raises a series of questions: • How much of this information and advice is actually made available at present? • How much information is necessary or helpful? • In what manner, form and language should such advice be given? • By whom should such advice be given? • How much of this information is within the competence of a single ...


Why We Should Ignore The "Octomom", Kimberly D. Krawiec Sep 2009

Why We Should Ignore The "Octomom", Kimberly D. Krawiec

NULR Online

Few familiar with the story of Nadya Suleman­­—a single, low-income, California mother of six who recently gave birth to octuplets conceived through in vitro fertilization (IVF)—do not instinctively react with outrage. Fourteen children (or even one) are a daunting number under the best of conditions, and the conditions surrounding the Suleman births are far from ideal. Yet, as the old saying goes, “hard facts make bad law,” and Suleman, dubbed “the Octomom” by the media, exemplifies the truth of this adage.

Suleman’s hard facts have led not only to bad regulatory reform proposals, but also to public ...


Interstate Child Custody Determinations Under The Uniform Child Custody Jurisdiction And Enforcement Act And The Parental Kidnapping Prevention Act With Special Emphasis On Custody Determinations Involving Same-Sex Parents, Robert Spector Sep 2009

Interstate Child Custody Determinations Under The Uniform Child Custody Jurisdiction And Enforcement Act And The Parental Kidnapping Prevention Act With Special Emphasis On Custody Determinations Involving Same-Sex Parents, Robert Spector

Robert G. Spector

No abstract provided.


Flexible Work Arrangements: Improving Job Quality And Workforce Stability For Low-Wage Workers And Their Employers, Jessica Glenn, Liz Watson Sep 2009

Flexible Work Arrangements: Improving Job Quality And Workforce Stability For Low-Wage Workers And Their Employers, Jessica Glenn, Liz Watson

Published Reports

In 2009, workers and their families across the country felt the impact of serious economic downturn, with unemployment reaching a 26-year high. While recent news suggests things may be improving, we cannot forget that for many low-wage and hourly workers -- who now represent over a quarter of the U.S. workforce -- the recession only exacerbated their ongoing struggle to hold down quality jobs while caring for their families.

Low-wage workers face many of the same challenges that the rest of us face in reconciling our work, family and personal lives, but for many of these workers, it's simply a ...


Who Decides What Number Of Children Is "Right"?, June Carbone Sep 2009

Who Decides What Number Of Children Is "Right"?, June Carbone

NULR Online

I agree with Professors Cahn and Collins that “eight is enough.” I am perhaps more skeptical than they are about assisting Nadya Suleman, a mother who already has six children, to have more. I wonder whose funds financed fertility treatments for a single, unemployed mom on disability benefits, and, perhaps even more critically, who will fund the children’s ongoing care. I am certainly concerned about the dubious ethical standards of the doctor who provided the reproductive care. But I also have serious reservations about anyone choosing to impose my views—or those of others—on the country as a ...


Nice Guys Finish Last: New Yorkers Leave Our Assets Exposed When We Plan For Forever, Audrey Rose Herman Sep 2009

Nice Guys Finish Last: New Yorkers Leave Our Assets Exposed When We Plan For Forever, Audrey Rose Herman

Buffalo Journal of Gender, Law & Social Policy

No abstract provided.


Married Against Their Will? Toward A Pluralist Regulation Of Spousal Relationships, Shahar Lifshitz Sep 2009

Married Against Their Will? Toward A Pluralist Regulation Of Spousal Relationships, Shahar Lifshitz

Washington and Lee Law Review

This Article addresses the regulation of the relationships between unmarried cohabitants. It challenges the conventional divide between conservative and liberal approaches. On one hand, moral condemnation of nonmarital conjugal relationships and public policy in favor of marriage lead conservatives to reject the application of marriage Law to cohabitating partners. On the other hand, based on principles such as freedom, tolerance, and equality, liberals tend to equate the mutual legal commitments of cohabitants with those ofmarriedpartners. I break with conventional analysis by offering a novel liberal model that separates between the mutual obligations of cohabitants and married partners. The proposed model ...


Civil Partnership: Your Questions Answered - A Comprehensive Analysis Of The Civil Partnership Bill, Fergus Ryan Aug 2009

Civil Partnership: Your Questions Answered - A Comprehensive Analysis Of The Civil Partnership Bill, Fergus Ryan

Reports

The Civil Partnership Bill 2009 arguably represents the most momentous change in Irish Family Law in a generation. The Bill proposes a substantial new legal status for registered same-sex partners, as well as important changes to the law as it relates to cohabitants. This report addresses the provisions of the Bill as initiated, analysing the potential impact of the Bill in clear and accessible language. The Report also highlights potential difficulties with the Bill, and suggests possible enhancements to the Bill as initiated.


Massachusetts Department Of Youth Services, Spectrum Girls Facility Self-Assessment Team Member, Francine Sherman Jul 2009

Massachusetts Department Of Youth Services, Spectrum Girls Facility Self-Assessment Team Member, Francine Sherman

Francine T. Sherman

No abstract provided.


Dys Facility Self-Assessment Team Member, Francine Sherman Jul 2009

Dys Facility Self-Assessment Team Member, Francine Sherman

Francine T. Sherman

No abstract provided.