Open Access. Powered by Scholars. Published by Universities.®
- Discipline
-
- Family Law (9)
- Counseling Psychology (2)
- Courts (2)
- Criminal Law (2)
- Criminal Procedure (2)
-
- Juvenile Law (2)
- Other Law (2)
- Psychology (2)
- Social and Behavioral Sciences (2)
- Bankruptcy Law (1)
- Business (1)
- Civil Law (1)
- Civil Procedure (1)
- Civil Rights and Discrimination (1)
- Consumer Protection Law (1)
- Family, Life Course, and Society (1)
- Finance and Financial Management (1)
- Fourth Amendment (1)
- Judges (1)
- Law and Economics (1)
- Marriage and Family Therapy and Counseling (1)
- Medicine and Health Sciences (1)
- Mental and Social Health (1)
- Second Amendment (1)
- Social Psychology (1)
- Social Welfare Law (1)
- Sociology (1)
- Supreme Court of the United States (1)
- Tax Law (1)
- Institution
-
- Barry University School of Law (2)
- Antioch University (1)
- Association of Arab Universities (1)
- Kansas State University Libraries (1)
- Marquette University Law School (1)
-
- Northwestern Pritzker School of Law (1)
- SJ Quinney College of Law, University of Utah (1)
- Touro University Jacob D. Fuchsberg Law Center (1)
- United Arab Emirates University (1)
- University of Tennessee College of Law (1)
- Washington and Lee University School of Law (1)
- Yeshiva University, Cardozo School of Law (1)
- Publication
- Publication Type
Articles 1 - 13 of 13
Full-Text Articles in Law
Towards An Equitable Review Of Pre-Embryo And Divorce Disputes For Women, Lilah Kleban
Towards An Equitable Review Of Pre-Embryo And Divorce Disputes For Women, Lilah Kleban
Northwestern Journal of Law & Social Policy
Pre-embryos, procured through in-vitro fertilization (IVF), become a source of dispute when couples divorce or separate before using them. Particularly, couples may fight over who has decision-making power to use or not use the frozen pre-embryos for pregnancy. State courts across jurisdictions typically apply one of three categorical approaches: disposition contracts, contemporaneous mutual consent, or a balancing interests test. Each approach fails to provide courts with structures to fully evaluate each party’s interests at the time of dispute and account for inherent sex and gender differences that impact their stakes in the dispute. This Note proposes a modified balancing test …
Mut’Ah Divorce: Its Concepts And Its Provisions: A Comparative Study Between Islamic Jurisprudence (Fiqh) And Omani Law, Dr. Rashid Bin Hamoud Naziri
Mut’Ah Divorce: Its Concepts And Its Provisions: A Comparative Study Between Islamic Jurisprudence (Fiqh) And Omani Law, Dr. Rashid Bin Hamoud Naziri
مجلة جامعة الإمارات للبحوث القانونية UAEU LAW JOURNAL
The study discusses the money paid to the divorcee woman (Mut’ah) as a result of the divorce. Many Muslim scholars have different views towards the provisions and details of this due payment to the divorcee. Further, the Omani Personal Statue law has an opinion for its provisions. As a result, this study is conducted to set the base for this opinion, explain its view, intentions and goals that law bore in its’ inactions.
This study has two approaches; the first one is classified into two sub-quests. The first sub-quest discusses the linguistic definition of (Mut’ah), while the other one discusses …
Divorcing Guns: How Family Law Could Change Parental Gun Ownership And Save Kids’ Lives, Marcia A. Zug
Divorcing Guns: How Family Law Could Change Parental Gun Ownership And Save Kids’ Lives, Marcia A. Zug
Washington and Lee Law Review Online
Guns are deadly. They are especially deadly for children yet, currently, parental gun ownership is not a major factor in custody disputes. This needs to change. Making irresponsible gun ownership a routine factor in custody cases could transform parental gun behavior. In other contexts, the potential loss of custody has proven to be an extremely strong deterrent. Moreover, unlike other proposed solutions to gun fatalities, this is a change that can be made right now. Making guns a part of custody disputes does not require the enactment of new legislation or even a judicial determination. By simply raising the issue …
Parental Alienation In Family Court: Attacking Expert Testimony, John E.B. Myers, Jean Mercer
Parental Alienation In Family Court: Attacking Expert Testimony, John E.B. Myers, Jean Mercer
Child and Family Law Journal
In child custody litigation, when a parent raises the possibility of child abuse, the accused parent may respond that the parent wo has raised the possibility of abuse is alienating the child in an effort to gain an unfair advantage in court. The parent accused of abuse may offer expert testimony on parental alienation. A voluminous and contentious social science literature exists on parental alienation. Family law attorneys often lack ready access to social science literature. The purpose of this article is to give family law attorneys information from the parental alienation literature that can be used to cross-examine experts …
Hopefully Enduring: How North Carolina’S Divorce Laws Violate The First Amendment, Maren H. Lowrey
Hopefully Enduring: How North Carolina’S Divorce Laws Violate The First Amendment, Maren H. Lowrey
Child and Family Law Journal
The phrase “til death do us part” is both poetic and aspirational. It is the ubiquitous vow Americans make to one another when they marry[1] and embark on what is “hopefully enduring.”[2] But life does not always meet the aspirational marks we set and that is most true in the context of marriage and divorce. Each state enjoys nearly exclusive control over this intimate relationship, which results in different regulatory schemes across the United States.[3] Changes in Supreme Court jurisprudence over time ensured state regulation of marriage did not run afoul of the Constitution.[4] These decisions …
Portraits Of Bankruptcy Filers, Pamela Foohey, Robert M. Lawless, Deborah Thorne
Portraits Of Bankruptcy Filers, Pamela Foohey, Robert M. Lawless, Deborah Thorne
Articles
One in ten adult Americans has turned to the consumer bankruptcy system for help. For almost forty years, the only systematic data collection about the people who file bankruptcy has come from the Consumer Bankruptcy Project (CBP), for which we serve as co-principal investigators. In this Article, we use CBP data from 2013 to 2019 to describe who is using the bankruptcy system, providing the first comprehensive overview of bankruptcy filers in thirty years. We use principal component analysis to leverage these data to identify distinct groups of people who file bankruptcy. This technique allows us to situate the distinctions …
The Impact Of Social Security Of Dependents And Financing Of Post-Secondary Education Of Dependents On Support Obligations In Particularly California Divorces After The Tax Cuts And Jobs Act Of 2017, John R. Dorocak
Marquette Benefits and Social Welfare Law Review
The 2017 Tax Cuts and Jobs Act made alimony in divorce decrees and separation agreements entered into after December 31, 2018, neither deductible by the payor nor income to the payee for federal income tax purposes. Likely, that change in the tax law will result in less income to payees in a divorce and higher taxes for payors. In California, support in divorces is basically calculated by the software program Dissomaster. With payors facing higher taxes, such payors may look for possible sources of additional income for paying support. Payors may receive a credit in California against the support obligation …
Achieving Equality Without A Constitution: Lessons From Israel For Queer Family Law, Laura T. Kessler
Achieving Equality Without A Constitution: Lessons From Israel For Queer Family Law, Laura T. Kessler
Utah Law Faculty Scholarship
How might the United States reconcile conflicts between equality and religious freedom in the realm of family law? To answer this question, this chapter considers recent developments in family (personal status) law in Israel. While Israel may at first blush appear to be the last place that feminists and queer theorists should look for solutions to modern conflicts between democratic and religious values, this chapter argues that the Israeli experience has much to offer critical family scholars working to develop pluralistic legal approaches to family regulation. Israel is a country with a diverse population and unique political and legal context …
Mut’Ah Divorce: Its Concepts And Its Provisions: A Comparative Study Between Islamic Jurisprudence (Fiqh) And Omani Law, Dr. Rashid Bin Hamoud Naziri
Mut’Ah Divorce: Its Concepts And Its Provisions: A Comparative Study Between Islamic Jurisprudence (Fiqh) And Omani Law, Dr. Rashid Bin Hamoud Naziri
UAEU Law Journal
The study discusses the money paid to the divorcee woman (Mut’ah) as a result of the divorce. Many Muslim scholars have different views towards the provisions and details of this due payment to the divorcee. Further, the Omani Personal Statue law has an opinion for its provisions. As a result, this study is conducted to set the base for this opinion, explain its view, intentions and goals that law bore in its’ inactions.
This study has two approaches; the first one is classified into two sub-quests. The first sub-quest discusses the linguistic definition of (Mut’ah), while the other one discusses …
Money And Betrayal: Perceptions Of Alimony Fairness In Relation To Infidelity, Jessica Wery, Michael Kothakota
Money And Betrayal: Perceptions Of Alimony Fairness In Relation To Infidelity, Jessica Wery, Michael Kothakota
Journal of Financial Therapy
Alimony is a contentious topic often argued over during a divorce. Individuals getting divorced seek fairness in an alimony settlement, but due to how laws are written this can seem arbitrary. Public policy suggests laws should reflect the suggestions of the people it affects. Thus, public perception of alimony fairness is an important component in the discussion of what is fair for spouses. In addition, infidelity in marriage might change how the public views what is fair. This study collected data from 1,285 individual United States participants. Participants were randomly assigned a vignette condition related to a hypothetical alimony scenario …
Monasky’S Totality Of Circumstances Is Vague – The Child’S Perspective Should Be The Main Test, Sabrina Salvi
Monasky’S Totality Of Circumstances Is Vague – The Child’S Perspective Should Be The Main Test, Sabrina Salvi
Touro Law Review
After decades of confusion, the Supreme Court ruled on child custody in an international setting in Monasky v. Taglieri, by attempting to establish the definition of a child’s “habitual residence.” The Court held that a child’s “residence in a particular country can be deemed ‘habitual, however, only when her residence there is more than transitory.’” Further, the Court stated that, ‘“[h]abitual’ implies customary, usual, of the nature of a habit.”’ However, the Supreme Court’s ruling remains unclear. The 1980 Hague Convention on the Civil Aspects of International Child Abduction (“HCCAICA” or “The Hague Convention”), which is adopted in ninety-eight …
It Takes Two: Professional Interconnections And Potential Collaborations Between Small-Town Family Attorneys And Couple/Family Therapists, Wendy Lenk Mcclary
It Takes Two: Professional Interconnections And Potential Collaborations Between Small-Town Family Attorneys And Couple/Family Therapists, Wendy Lenk Mcclary
Antioch University Full-Text Dissertations & Theses
Attorneys who specialize in family practice may experience significant rates of mood disorders and substance reliance. Law schools typically do not provide supportive coursework or mentoring to help students learn to manage their feelings and those of crisis-impacted clients. Lawyers may well consider that understanding emotional needs and providing emotional support does not fall within their codes of practice. Societal stigma may prevent family attorneys and their clients from seeking therapy. Small-town attorneys may be particularly vulnerable to professional stress and safety concerns. The purpose of this study was to explore and understand the lived experiences of family attorneys practicing …
Common Law Divorce, Michael J. Higdon
Common Law Divorce, Michael J. Higdon
Scholarly Works
Common law marriage has existed in the United for more than 200 years. Although not permitted as widely today, every state continues to recognize a common law marriage from one of the handful of states that still permit parties to wed in this informal manner. In contrast, never has there been anything even approaching common law divorce—and for good reason. Namely, the states’ desire to ensure that those who leave unsuccessful marriages do so in such a way that their interests (as well as their children’s) are adequately protected. Nonetheless, even though not sanctioned by law, informal divorce not only …