Law Commons^™

Law School News: Rwu Law Alumnae Will Address Ginsburg Legacy, Workplace Gender Equity 03-11-2021, Roger Williams University School Of Law

Life of the Law School (1993- )

No abstract provided.

Covid-19’S Complications For Family Law Counsel: Domestic Violence And Threats To The Well-Being Of Children, J. Thomas Sullivan

The Arkansas Journal of Social Change and Public Service

No abstract provided.

Gender And Specialization In The Practice Of Divorce Law, Richard J. Maiman, Lynn Mather, Craig A. Mcewen

Maine Law Review

In the past two decades, the gender composition of the legal profession in the United States has changed dramatically. While women comprised less than five percent of the nation's lawyers in 1970, the proportion of women lawyers had increased to more than 19% by the end of 1988, and roughly 40% of new lawyers each year are now women. However, the movement of women into the legal profession has not been easy. As a consequence, considerable commentary has been focused on the significant problems of sexual harassment, discrimination, and other forms of gender bias, and on such issues as the …

Gender And Specialization In The Practice Of Divorce Law, Richard J. Maiman, Lynn Mather, Craig A. Mcewen

Maine Law Review

In the past two decades, the gender composition of the legal profession in the United States has changed dramatically. While women comprised less than five percent of the nation's lawyers in 1970, the proportion of women lawyers had increased to more than 19% by the end of 1988, and roughly 40% of new lawyers each year are now women. However, the movement of women into the legal profession has not been easy. As a consequence, considerable commentary has been focused on the significant problems of sexual harassment, discrimination, and other forms of gender bias, and on such issues as the …

The New Phoenix: Maine's Innovative Standards For Guardians Ad Litem, Dana E. Prescott

Maine Law Review

In a 2014 article in the Maine Law Review, the author reviewed the historical and legal foundations for guardian ad litem (GAL) appointments by judges on behalf of children in Maine. GALs are appointed to provide the court with investigative facts and recommendations concerning the best interest of a child. The implications and frustrations expressed during political and policy discussions reflect a broader national debate deeply rooted in the power of family law courts when child custody or abuse and neglect are alleged. Whether in the form of child protection or child custody litigation, the sheer volume and complexity of …

Stress, Burnout, Vicarious Trauma, And Other Emotional Realities In The Lawyer/Client Relationship, Marjorie A. Silver, Sanford Portnoy, Jean Koh Peters

Touro Law Review

No abstract provided.

Taming The Tigers: Domestic Violence, Legal Professionalism, And Well-Being, Jill C. Engle

Journal Articles

Domestic violence kills thousands of American women every year. In 2013, one of them was my client. My law school clinic represented a woman divorcing her abusive husband after twenty years of marriage. Three days after we served him with the divorce complaint, he walked into the grocery store where she worked and shot her dead. He then turned the gun on himself, and died from self-inflicted gunshot wounds. The lead student working her case listened in horror as one of our local colleagues who had heard the breaking news described it to her in a phone call to the …

Shooing The Vultures Away From The Consumer Bankruptcy Carcass: Attorney Fees Owed By Debtors For Marital Dissolution Are Not Domestic Support Obligations, Christopher V. Davis

University of Massachusetts Law Review

This Note will focus on consumer bankruptcy related to chapter 7 and chapter 13 filings. Section I provides an introduction to DSOs and the goals of enforcing them through bankruptcy. Section I also discusses the impact of DSO status on the automatic stay, discharge, priority status for property distribution of the bankruptcy estate, capability to reach exempt property, and application to attorney fees. Section II argues that, where attorney fees are not owed to a spouse, former spouse, or child, and do not fit within an impact exception, the fees are not DSOs, but instead are merely general non-secured claims. …

Collaborative Family Law, Pauline H. Tesler

Pepperdine Dispute Resolution Law Journal

Collaborative Law appears to meet significant needs both among family law clients and among the lawyers who assist them through divorce. As will be discussed more fully below, clients appear to want the advantages of a contained, settlement-oriented, creative, private, respectful process without sacrificing the benefits of having a committed legal advocate at their sides. For that reason Collaborative Law appeals to clients who may hesitate to commit to a dispute resolution process facilitated solely by a neutral mediator. And, while many family lawyers suffer considerable professional angst as a consequence of their awareness that family law courts are neither …

Peace On Earth, Goodwill In Divorce: Revisiting Travis In Light Of Oklahoma’S Revised Ethical Rule Allowing The Sale Of Law Practice Goodwill, Jennifer D. Ary-Hogue

Oklahoma Law Review

No abstract provided.

The Effect Of Context On Practice [Book Review], Susan D. Carle

Susan D. Carle

Divorce And The Catholic Lawyer, John J. Coughlin

Journal Articles

On January 28, 2002, Pope John Paul II focused his annual address to the officials of the Roman Rota on the topic of the indissolubility of marriage. At the conclusion of this theological and canonical analysis, the Holy Father made a few short statements cautioning civil lawyers about divorces cases. The following day, a story in The New York Times carried the headline "John Paul Says Catholic Bar Must Refuse Divorce Cases." The article construed the pope's reference as a blanket prohibition against Catholic lawyers handling divorce cases. It further questioned whether the prohibition contradicted the Pontiff's prior emphasis on …

25 Divorce Attorneys And 40 Clients In Two Not So Big But Not So Small Cities In Massachusetts And California: An Appreciation, David L. Chambers

Reviews

Jane is meeting with her lawyer Peter. She has been complaining bitterly about a restraining order obtained ex parte by the lawyer for her husband Norb. The order bars her from entering the home that she still owns jointly with Norb and that Norb has continued to live in. She moved out voluntarily, as a gesture of good will, a short while before only to have her husband's lawyer run to court and secure the order she abhors. Readers first met Jane back in 1986 when Austin Sarat and William Felstiner published the first article growing out of their massive …

Avocats Et Divorce Aux Etats-Unis: La Transformation Des Pratiques Professionnelles, Lynn M. Mather, Craig A. Mcewen, Richard J. Maiman

Journal Articles

Les transformations sociales et les évolutions juridiques qui sont intervenues aux États-Unis depuis les années 60 ont eu de multiples effets sur le travail des avocats en matière de divorce. Le présent article analyse ces transformations en s'appuyant sur des entretiens avec des avocats et sur l'analyse de l'activité des tribunaux dans les États du Maine et du New Hampshire. Il souligne notamment l'importance que revêt l'accroissement du nombre des divorces parmi les couples ayant des ressources moyennes ou faibles. Il décrit aussi la féminisation rapide du barreau, une tendance qui se trouve particulièrement accentuée en ce qui concerne les …

Plans, Protections, And Professional Intervention: Innovations In Divorce Custody Reform And The Role Of Legal Professionals, Jane W. Ellis

University of Michigan Journal of Law Reform

Beginning with an overview of the "law in theory" in Part II, this Article describes the Parenting Act's political origins and the aspirations on which the Act was based. These aspirations reflect common contemporary national themes and are based on common (and often unexamined) assumptions about the purposes of custody law and, indeed, the nature and capacity of law itself. They are described in conjunction with major theoretical arguments about custody reform. Part II then sets out the specific regulations embodying the drafters' goals. The Article next looks at this ambitious new "law in practice" in Part III. It describes …

Lay Divorce Firms And The Unauthorized Practice Of Law, Arthur R. Miller

University of Michigan Journal of Law Reform

Effective January 1, 1972, Michigan adopted a no-fault divorce law. Since that time, at least two firms in the Detroit area have gone into the business of providing assistance to people wishing to process their own divorces. These enterprises, which have been dubbed divorce firms or divorce kit firms, have come under heavy attack from the organized bar. The State Bar of Michigan has instituted court proceedings against one firm for the unauthorized practice of law, and a court on its own initiative has already issued an injunction against the other. These cases raise two important issues: whether the divorce …

Abstracts Of Recent Cases, Charles David Mcmunn

West Virginia Law Review

No abstract provided.

Abstracts Of Recent Cases, G. W. H. Jr.

West Virginia Law Review

No abstract provided.