Open Access. Powered by Scholars. Published by Universities.®
- Institution
-
- American University Washington College of Law (7)
- University of Richmond (7)
- Washington and Lee University School of Law (7)
- William & Mary Law School (6)
- University at Buffalo School of Law (4)
-
- University of Michigan Law School (4)
- Brigham Young University Law School (3)
- University of Maryland Francis King Carey School of Law (3)
- Chicago-Kent College of Law (2)
- Maurer School of Law: Indiana University (2)
- University of Arkansas at Little Rock William H. Bowen School of Law (2)
- Loyola University Chicago, School of Law (1)
- Mercer University School of Law (1)
- Mitchell Hamline School of Law (1)
- New York Law School (1)
- Osgoode Hall Law School of York University (1)
- Pace University (1)
- Seattle University School of Law (1)
- University of Montana (1)
- University of Nevada, Las Vegas -- William S. Boyd School of Law (1)
- University of Oklahoma College of Law (1)
- University of the Pacific (1)
- Vanderbilt University Law School (1)
- Villanova University Charles Widger School of Law (1)
- West Virginia University (1)
- Keyword
-
- Children (5)
- Divorce (4)
- Domestic violence (4)
- Same-sex marriage (4)
- Child Custody (3)
-
- Families (3)
- Parents (3)
- Adoption (2)
- Alimony (2)
- Assisted Reproductive Technology (2)
- Child Welfare (2)
- Cohabitation (2)
- Dependency (2)
- Divorce and separation (2)
- Domestic relations (2)
- Legitimacy (2)
- Marriage (2)
- Visitation Rights (2)
- "Nuclear Family" (1)
- 1947- (1)
- ART (1)
- ART Legislation (1)
- Administrative law (1)
- Adoptees (1)
- Agunah (1)
- Altruism (1)
- American Bar Association Act Governing Assisted Reproductive Technology (1)
- Anti-Semitism (1)
- Antisocial Behavior (1)
- Arbitration Fairness Act of 2009 (1)
- Publication
-
- Washington and Lee Law Review (7)
- William & Mary Journal of Race, Gender, and Social Justice (5)
- American University Journal of Gender, Social Policy & the Law (4)
- Buffalo Law Review (3)
- Richmond Journal of Law and the Public Interest (3)
-
- Richmond Public Interest Law Review (3)
- Brigham Young University Education and Law Journal (2)
- Chicago-Kent Law Review (2)
- Indiana Law Journal (2)
- Maryland Law Review (2)
- The Modern American (2)
- University of Arkansas at Little Rock Law Review (2)
- American Indian Law Review (1)
- BYU Law Review (1)
- Buffalo Journal of Gender, Law & Social Policy (1)
- Human Rights Brief (1)
- Journal of Law and Practice (1)
- Loyola University Chicago Law Journal (1)
- McGeorge Law Review (1)
- Mercer Law Review (1)
- Michigan Journal of Gender & Law (1)
- Michigan Journal of International Law (1)
- Michigan Law Review (1)
- Montana Law Review (1)
- NYLS Law Review (1)
- Nevada Law Journal (1)
- Osgoode Hall Law Journal (1)
- Pace Law Review (1)
- Seattle University Law Review (1)
- University of Maryland Law Journal of Race, Religion, Gender and Class (1)
Articles 1 - 30 of 61
Full-Text Articles in Law
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
Toward A Theory Of Procedural Justice For Juveniles, Tamar R. Birckhead
Buffalo Law Review
No abstract provided.
Domestic Relations, Barry B. Mcgough, Elinor H. Hitt
Domestic Relations, Barry B. Mcgough, Elinor H. Hitt
Mercer Law Review
This Survey chronicles developments in Georgia domestic relations law from June 1, 2008 to May 31, 2009. This survey period saw continued evolution of domestic relations law through changes in legislation and case law. Legislation passed by the 2008 Georgia General Assembly took effect on July 1, 2008. The Georgia Supreme Court continued to accept non-frivolous appeals in divorce cases, which provide guidance to those interested in domestic relations law.
A Look Back And A Look Forward: Legislative And Regulatory Highlights For 2008 And 2009 And A Discussion Of Juvenile Transfer, Andrew K. Block
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.
Cryopreserved Embryos As America's Prospective Adoptees: Are Couples Truly "Adopting" Or Merely Transferring Property Rights?, Alexia M. Baiman
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.
Same-Sex Relationships And The Full Faith And Credit Clause: Reducing America To The Lowest Common Denominator, Rena M. Lindevaldsen
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 the …
Nice Guys Finish Last: New Yorkers Leave Our Assets Exposed When We Plan For Forever, Audrey Rose Herman
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
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 …
Families For Tax Purposes: What About The Steps?, Wendy C. Gerzog
Families For Tax Purposes: What About The Steps?, Wendy C. Gerzog
University of Michigan Journal of Law Reform
At least 4.4 million families in the United States are blended ones that include stepchildren and stepparents. For tax purposes, these "steps" receive preferential treatment as a result of their status because, on the one hand, they are treated as family members for many income tax benefit sections, but on the other hand, are excluded from the definition of family member for business entity attribution purposes and for gift and estate tax anti-abuse provisions. In the interests of fairness and uniformity, steps should be treated as family members for all tax purposes where they act like their biological or adoptive …
Battered, Broken, Bruised, Or Abandoned: Domestic Strife Presents Foreign Nationals Access To Immigration Relief, Misty Wilson Borkowski
Battered, Broken, Bruised, Or Abandoned: Domestic Strife Presents Foreign Nationals Access To Immigration Relief, Misty Wilson Borkowski
University of Arkansas at Little Rock Law Review
No abstract provided.
You Take The Embryos But I Get The House (And The Business): Recent Trends In Awards Involving Embryos Upon Divorce, Mark P. Strasser
You Take The Embryos But I Get The House (And The Business): Recent Trends In Awards Involving Embryos Upon Divorce, Mark P. Strasser
Buffalo Law Review
No abstract provided.
Virtual Parentalism, Joshua A.T. Fairfield
Virtual Parentalism, Joshua A.T. Fairfield
Washington and Lee Law Review
Parents, not Laws, ultimately protect children both online and offline. If legislation places adults at legal risk because of the presence of children in virtual worlds, adults will exit those worlds, and children will be isolated into separate spaces. This will not improve safety for children. Instead, this Article suggests that Congress enact measures that encourage filtering technology and parental tools that will both protect children in virtual worlds, and protectfree speech online.
Development Of Ectogenesis: How Will Artificial Wombs Affect The Legal Status Of A Fetus Or Embryo?, Jessica H. Schultz
Development Of Ectogenesis: How Will Artificial Wombs Affect The Legal Status Of A Fetus Or Embryo?, Jessica H. Schultz
Chicago-Kent Law Review
Scientists are currently attempting to create an artificula womb which would allow fetal development to occur independent of a woman's womb. This note analyzes legal questions which would emerge with this new technology, including how artificial wombs would affect the interests of the father and the state in the fetus; whether contracts involving artificial wombs would be enforceable; and what type of liability issues would arise due to artificial womb use. Finally, the note proposes answers for these questions and concludes that the development of artificial wombs will likely complicate rather than resolve issues surrounding reproductive rights and the legal …
At A Cross-Road: Anti-Same-Sex Marriage Policies And Principles Of Equity: The Effect Of Same-Sex Cohabitation On Alimony Payments To An Ex-Spouse, Jill Bornstein
Chicago-Kent Law Review
In the wake of anti-gay marriage policies in the United States, courts and state legislature alike are struggling to reconcile these policies with well-established principles of equity in the law. This note examines states' anti-same-sex marriage policies as they relate to the states' respective policies regarding alimony termination. Generally, upon divorce, the dependent spouse from a dissolving marriage will receive alimony payments from the independent spouse until the death or remarriage of the dependent spouse. Many states have expanded the definition of "remarriage" to include a dependent spouse's cohabitation with another individual in a financially interdependent, conjugal relationship. Terminating alimony …
Administering Marriage: Marriage-Based Entitlements, Bureaucracy, And The Legal Construction Of The Family, Kristin A. Collins
Administering Marriage: Marriage-Based Entitlements, Bureaucracy, And The Legal Construction Of The Family, Kristin A. Collins
Vanderbilt Law Review
In 1985, Gertrude Thomas sought Social Security survivors' benefits as Joseph Thomas's widow. Gertrude had been married to Joseph-or thought herself to have been-for forty-seven years. She bore and raised ten children over the course of their marriage. Gertrude knew Joseph had been married briefly before they wed, but she thought that his first marriage had ended in divorce. When the Department of Health and Human Services asked Gertrude for proof of her marriage to Joseph, she could not produce a marriage certificate or any other record of her marriage. She did have a statement signed by Joseph acknowledging their …
Failing To Speak For Itself: The Res Ipsa Loquitur Presumption Of Parental Culpability And Its Greater Consequences, Allyson B. Levine
Failing To Speak For Itself: The Res Ipsa Loquitur Presumption Of Parental Culpability And Its Greater Consequences, Allyson B. Levine
Buffalo Law Review
No abstract provided.
Family Law—Application Of Equitable Estoppel In Paternity And Visitation Cases—Mommy's Baby, Mama's Maybe: A New York Court's Decision To Hold A Same-Sex Partner Financially Responsible For A Non-Biological And Non-Adoptive Child. H.M. V. E.T., No. U-110-07 (N.Y. Fam. Ct. Sept. 11, 2007)., Carla S. Johnson
University of Arkansas at Little Rock Law Review
No abstract provided.
What's An Intimate Relationship, Anyway? Expanding Access To The New York State Family Courts For Civil Orders Of Protection, Jennifer Cranstoun, Christopher O'Connor, Tracey Alter
What's An Intimate Relationship, Anyway? Expanding Access To The New York State Family Courts For Civil Orders Of Protection, Jennifer Cranstoun, Christopher O'Connor, Tracey Alter
Pace Law Review
No abstract provided.
A Knife In A Gunfight: The Inadequate Protection Provided To West Virginia's Foster Children By Statutory And Common Law, Matt Davis
West Virginia Law Review
No abstract provided.
Polygamy's Inscrutable Criminal Mischief, Susan G. Drummond
Polygamy's Inscrutable Criminal Mischief, Susan G. Drummond
Osgoode Hall Law Journal
The polygamy charges laid in the settlement of Bountiful, British Columbia, in January 2009, give rise to questions about the particular mischief of the polygamy offence in section 293 of Canada's Criminal Code. This article argues that, as a result of developments within related areas of law, polygamy's mischief under the current wording of the section is virtually inscrutable. When used, this section has principally served as a mechanism to discipline socially and politically marginalized groups. Developments in family law over the last forty years have generated a host of exceptions to the application of the polygamy section, including religious …
Constitutionality Of Home Education: How The Supreme Court And American History Endorse Parental Choice, Chad Olsen
Constitutionality Of Home Education: How The Supreme Court And American History Endorse Parental Choice, Chad Olsen
Brigham Young University Education and Law Journal
No abstract provided.
Parental Rights And The State Regulation Of Religious Schools, Matthew Steilen
Parental Rights And The State Regulation Of Religious Schools, Matthew Steilen
Brigham Young University Education and Law Journal
No abstract provided.
The Aftermath Of Crawford And Davis: Deconstructing The Sound Of Silence, Kimberly D. Bailey
The Aftermath Of Crawford And Davis: Deconstructing The Sound Of Silence, Kimberly D. Bailey
BYU Law Review
No abstract provided.
Kairos And Safe Havens: The Timing And Calamity Of Unwanted Birth, Susan Ayres
Kairos And Safe Havens: The Timing And Calamity Of Unwanted Birth, Susan Ayres
William & Mary Journal of Race, Gender, and Social Justice
It is impossible to know the number of infants killed or illegally abandoned at birth. No official reporting requirements exist, but conservative estimates claim that in the United States, 150-300 infants are killed within twenty-four hours of life and that over 100 infants are illegally abandoned. Beginning in 1999, in an effort to stem the problem of neonaticide and illegal abandonment, states began enacting laws to legalize abandonment. By 2008, all fifty states had enacted safe haven laws, which allow parents to anonymously abandon newborns by delivering them to designated providers, such as hospitals. This article provides a practical and …
Judging Vanessa: Norm Setting And Deviance In The Law Of Motherhood, Michelle Oberman
Judging Vanessa: Norm Setting And Deviance In The Law Of Motherhood, Michelle Oberman
William & Mary Journal of Race, Gender, and Social Justice
This article, by an author who has devoted over a decade to the study of women whom the law deems "bad" mothers, undertakes a more probing consideration of what truly separates the deviant mother from the "good" mother. In this article, she exposes the flaws in a binary classification of mothers as either "good" or "bad." She accomplishes this task by juxtaposing the stories, both legal and personal, of Vanessa, a woman whom society has judged to be a "bad" mother, and the author, a mother most in society would view as "good." In the end, the author not only …
Mothers Without Borders: Undocumented Immigrant Mothers Facing Deportation And The Best Interests Of Their U.S. Citizen Children, Satya Grace Kaskade
Mothers Without Borders: Undocumented Immigrant Mothers Facing Deportation And The Best Interests Of Their U.S. Citizen Children, Satya Grace Kaskade
William & Mary Journal of Race, Gender, and Social Justice
This note addresses how deportation of undocumented immigrants affects the U.S. citizen children of those immigrants. The author examines this issue by studying the story of Marta Escoto, a woman facing deportation and also the mother and sole caregiver of a U.S. citizen child with a severely debilitating disease. If Escoto is deported and forced to return to her home country of Honduras, her daughter will likely be unable to continue to receive adequate and necessary health care. Mothers like Escoto who face deportation often plead the well-being of their children, but few can satisfy the high burden of proving …
Statutory Regulation Of Legal Parentage In Cases Of Artificial Insemination By Donor: A New Frontier Of Gender Discrimination, Christina M. Eastman
Statutory Regulation Of Legal Parentage In Cases Of Artificial Insemination By Donor: A New Frontier Of Gender Discrimination, Christina M. Eastman
McGeorge Law Review
No abstract provided.
Challenging Monohumanism: An Argument For Changing The Way We Think About Intercountry Adoption, Shani King
Challenging Monohumanism: An Argument For Changing The Way We Think About Intercountry Adoption, Shani King
Michigan Journal of International Law
In Part I, this Article provides a brief history of ICA. In Part II, using a post-colonialist theoretical framework, the work of legal scholars from the past twenty years on the subject of ICA is explored. This analysis exposes the centrality of MonoHumanism to our discourse on ICA. In Part III, this Article illustrates how our discourse regarding intercountry adoption contributes to our violating the rights of children (and families) as they are defined in the CRC. Lastly, in Part IV, this Article explores how this argument fits into the current and somewhat polarized debate on ICA and how the …
At A Crossroads: Bringing Minnesota's Same-Sex Couples Into The Law, Phil Duran
At A Crossroads: Bringing Minnesota's Same-Sex Couples Into The Law, Phil Duran
Journal of Law and Practice
No abstract provided.
New Options For Child Support Payments, Sue K. Varon, Jennifer Varon
New Options For Child Support Payments, Sue K. Varon, Jennifer Varon
Richmond Public Interest Law Review
Non-custodial parents pay child support in a variety of ways. Divorced parents should be provided with all possible options for making these payments. Some new options have emerged both in the public and private sectors.