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Family Law

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Full-Text Articles in Law

Mommy, Baby And Rapist Makes Three? Amid Abortion Bans, The Pressing Need For A Nationwide Lower Standard To Strip Parental Rights, Regardless Of A Rape Conviction, Melanie Dostis Jun 2021

Mommy, Baby And Rapist Makes Three? Amid Abortion Bans, The Pressing Need For A Nationwide Lower Standard To Strip Parental Rights, Regardless Of A Rape Conviction, Melanie Dostis

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

Among the fundamental rights recognized in the Constitution are the rights of parents to raise their children. While never interpreted as an absolute legal privilege, courts have exercised wide discretion in preserving this right and historically ignored the reality that not all parents are deserving of this right. Even though the family law system has protections in place to terminate parental rights for atrocities like abuse, it largely neglects an uncomfortable area of parental origin: parental rights regarding children conceived by rape. This is not only to the detriment of children, but, as this Note argues, at the peril of ...


The 100-Year Life And The New Family Law, Elizabeth S. Scott, Naomi Cahn Jan 2021

The 100-Year Life And The New Family Law, Elizabeth S. Scott, Naomi Cahn

Faculty Scholarship

This draft book chapter, prepared as part of a symposium on The 100-Year Life by Linda Gratton and Andrew Scott, reflects on the future of family law in an era of longer lives. Our analysis leads us to conclude that the 100-year life is indeed likely to have an impact on the nature, scope, and definition of family law, but that families will continue to function as the primary setting for intimacy and for caregiving and caretaking, whatever form those families take. Further, the importance to both individual and social welfare of family support throughout life points to a need ...


The Birth Of Fertility Fraud: How To Protect Washingtonians, Sarah Chicoine Jan 2020

The Birth Of Fertility Fraud: How To Protect Washingtonians, Sarah Chicoine

Washington Law Review Online

Doctors in multiple states have been accused of using their own sperm to impregnate patients without the patient’s consent. Because most states do not have laws prohibiting fertility doctors from using their own sperm to impregnate their patients, families have not been able to seek meaningful legal remedies. State legislatures enacted new fertility fraud laws to deter, criminalize, and provide a legal civil cause of action to those harmed by these actions—but only after these allegations came to light. If the Washington State Legislature creates a law before any similar allegations come to light in Washington, those patients ...


A Dangerous Inheritance: A Child’S Digital Identity, Kate Hamming Jan 2020

A Dangerous Inheritance: A Child’S Digital Identity, Kate Hamming

Seattle University Law Review

This Comment begins with one family’s story of its experience with social media that many others can relate to in today’s ever-growing world of technology and the Internet. Technology has made it possible for a person’s online presence to grow exponentially through continuous sharing by other Internet users. This ability to communicate and share information amongst family, friends, and strangers all over the world, while beneficial in some regard, comes with its privacy downfalls. The risks to privacy are elevated when children’s information is being revealed, which often stems from a child’s own parents conduct ...


The Rise Of Zero Tolerance And The Demise Of Family, Mariela Olivares Jan 2020

The Rise Of Zero Tolerance And The Demise Of Family, Mariela Olivares

Georgia State University Law Review

This article explores the intersection of immigration law and family law and argues that the current regime dedicated to decimating immigrant families in the United States does not comport with the history and spirit of immigration law and policy. Policies shifting away from family unity and towards an inhumane treatment of immigrant families is anchored in the political rhetoric that normalizes the oppression of immigrants. By characterizing immigrants as nonhuman—even “animals,” as described by President Donald Trump—the current slate of anti-immigrant policies that specifically target families is normalized. Part I discusses contemporary immigration law that terrorizes the family ...


Whatever Your Thoughts On Marriage, Gay Divorce Is A Concern, Nathan B. Oman Sep 2019

Whatever Your Thoughts On Marriage, Gay Divorce Is A Concern, Nathan B. Oman

Nathan B. Oman

No abstract provided.


For Richer Or Poorer, 'Til Decree Do Us Part - A Spouse's Entitlement To Division Of Pension Funds And Professional Degrees As Marital Property, Linda A. Malone Sep 2019

For Richer Or Poorer, 'Til Decree Do Us Part - A Spouse's Entitlement To Division Of Pension Funds And Professional Degrees As Marital Property, Linda A. Malone

Linda A. Malone

No abstract provided.


The Good, The Bad, And The Ugly Of Employment Division V. Smith For Family Law, James G. Dwyer Sep 2019

The Good, The Bad, And The Ugly Of Employment Division V. Smith For Family Law, James G. Dwyer

James G. Dwyer

No abstract provided.


Misused Concepts And Misguided Questions: Fundamental Confusions In Family Law Debates, James G. Dwyer Sep 2019

Misused Concepts And Misguided Questions: Fundamental Confusions In Family Law Debates, James G. Dwyer

James G. Dwyer

No abstract provided.


Diagnosing Liberal Resistance To Needed Child Welfare Reforms, James G. Dwyer Sep 2019

Diagnosing Liberal Resistance To Needed Child Welfare Reforms, James G. Dwyer

James G. Dwyer

No abstract provided.


Children's Interests In A Family Context - A Cautionary Note, James G. Dwyer Sep 2019

Children's Interests In A Family Context - A Cautionary Note, James G. Dwyer

James G. Dwyer

No abstract provided.


Why We Should Raise The Marriage Age, Vivian E. Hamilton Sep 2019

Why We Should Raise The Marriage Age, Vivian E. Hamilton

Vivian E. Hamilton

No abstract provided.


Principles Of U.S. Family Law, Vivian E. Hamilton Sep 2019

Principles Of U.S. Family Law, Vivian E. Hamilton

Vivian E. Hamilton

What explains U.S. family law? What are the origins of the current chaos and controversy in the field, the home of some of the most vituperative debates in public policy? To answer these questions, this Article identifies and examines family law's foundational principles. It undertakes a conceptual analysis of the legal practices that govern families. This analysis has yet to be done, and its absence hamstrings constructive thought on our family law. The Article develops a typology that conceptualizes U.S. family law and exposes its underlying principles. First, it identifies the significant elements, or rules, of family ...


Expressing Community Values Through Family Law Adjudication, Vivian E. Hamilton Sep 2019

Expressing Community Values Through Family Law Adjudication, Vivian E. Hamilton

Vivian E. Hamilton

No abstract provided.


A Constitutional Right To Home Instruction?, Neal Devins Sep 2019

A Constitutional Right To Home Instruction?, Neal Devins

Neal E. Devins

No abstract provided.


Leveling The Playing Field: Advancing Free Legal Aid For The Family Law Claims Of Ethiopian Women, Maereg Tewoldebirhan Alemayehu Apr 2019

Leveling The Playing Field: Advancing Free Legal Aid For The Family Law Claims Of Ethiopian Women, Maereg Tewoldebirhan Alemayehu

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

No abstract provided.


Reynolds V. United States, Rewritten, Laura T. Kessler Jan 2019

Reynolds V. United States, Rewritten, Laura T. Kessler

Utah Law Faculty Scholarship

In Reynolds v. United States, 98 U.S. 145 (1878), Chief Justice Morrison Waite, writing for a unanimous Supreme Court, upheld the federal Morrill Anti-Bigamy Act outlawing polygamy in the federal territories and providing criminal penalties for it. This is a re-writing of that opinion, presented in the form of a dissent, available in Feminist Judgments: Family Law Opinions Rewritten (Cambridge University Press, forthcoming 2020). Unlike the Court’s opinion, this dissent concludes that religious practice, as well as belief, is protected by the First Amendment. It therefore holds that a religious duty to engage in an unlawful practice may ...


The Spousal Support Advisory Guidelines, Soft Law, And The Procedural Rule Of Law, Jodi Lazare Jan 2019

The Spousal Support Advisory Guidelines, Soft Law, And The Procedural Rule Of Law, Jodi Lazare

Articles, Book Chapters, & Popular Press

The Spousal Support Advisory Guidelines facilitate discretionary spousal support determinations under the Divorce Act. Non-binding in nature, they are expected to restore some transparency to an uncertain and unpredictable remedy and to benefit dependent spouses who might previously have been deterred from claiming support. They may thus be seen as an important tool for advancing economic justice at family breakdown and promoting substantive economic gender equality. Several Canadian appellate courts have enthusiastically endorsed them. Others object to their application, grounding their resistance in their unofficial and non-binding character. This paper responds to that objection, based on the constitutional separation of ...


The Spousal Support Advisory Guidelines, Soft Law, And The Procedural Rule Of Law, Jodi Lazare Dec 2018

The Spousal Support Advisory Guidelines, Soft Law, And The Procedural Rule Of Law, Jodi Lazare

Jodi Lazare

The Spousal Support Advisory Guidelines facilitate discretionary spousal support determinations under the Divorce Act. Non-binding in nature, they are expected to restore some transparency to an uncertain and unpredictable remedy and to benefit dependent spouses who might previously have been deterred from claiming support. They may thus be seen as an important tool for advancing economic justice at family breakdown and promoting substantive economic gender equality. Several Canadian appellate courts have enthusiastically endorsed them. Others object to their application, grounding their resistance in their unofficial and non-binding character. This paper responds to that objection, based on the constitutional separation of ...


Hb 834 - Property, Brian H. Cathey, Cassandra Tuchscher Dec 2018

Hb 834 - Property, Brian H. Cathey, Cassandra Tuchscher

Georgia State University Law Review

The Act allows a victim of domestic violence to terminate his or her residential rental agreement without an early termination penalty if the victim receives a court order related to that family violence.


Hb 159 - Domestic Relations, Kitan A. Grey, A. Celia Howard Dec 2018

Hb 159 - Domestic Relations, Kitan A. Grey, A. Celia Howard

Georgia State University Law Review

This bill provides a major overhaul for Georgia adoption laws, which were last updated in 1990. The most notable changes include shortening the period for revocation of surrender of parental rights; granting temporary power of attorney for the care of a child; allowing adoptive parents to pay a birth mother’s expenses; lowering the age for adoptive relatives; and simplifying the process to adopt foreign-born children.


Family Law, Siyuan Chen Oct 2018

Family Law, Siyuan Chen

Research Collection School Of Law

No abstract provided.


הורות משפטית מן הדין ומן הצדק - Legal Parenthood - Law And Justice, Yehezkel Margalit Aug 2018

הורות משפטית מן הדין ומן הצדק - Legal Parenthood - Law And Justice, Yehezkel Margalit

Hezi Margalit

מן המפורסמות שאינן צריכות לראיה היא הקביעה שלפיה הכרה בהורות משפטית בישראל של פרט מסוים אפשרית אך ורק מכוח זיקה ביולוגית, גנטית או פיזיולוגית; מכוח צו אימוץ או לחלופין מכוח קבלת צו הורות בסיומו של הליך לנשיאת עוברים. אולם זעיר פה זעיר שם, הלכה למעשה, מתקבלות החלטות שיפוטיות שאינן עולות בקנה אחד עם תפיסת עולם קוהרנטית ומקיפה לכאורה זו, הסודקות עוד ועוד תובנה זו. ללא כל ספק, דרך המלך בקעקועה של הנחת העבודה המקובלת היא השימוש ההולך וגובר בצו הורות פסיקתי. בהליך בתולי זה במשפט הישראלי החלו בתי המשפט לענייני משפחה להשתמש במחצית הראשונה של שנת 2012 בהקניית אימהות משפטית ...


What Does The Fox Say: Domestic Violence, Personal Jurisdiction, And The State's Sovereignty In Declaring The Protected Status Of Its Citizens, Aaron Edward Brown Jun 2018

What Does The Fox Say: Domestic Violence, Personal Jurisdiction, And The State's Sovereignty In Declaring The Protected Status Of Its Citizens, Aaron Edward Brown

University of St. Thomas Law Journal

No abstract provided.


Paternity Un(Certainty): How The Law Surrounding Paternity Challenges Negatively Impacts Family Relationships And Women's Sexuality, Susan Ayres May 2018

Paternity Un(Certainty): How The Law Surrounding Paternity Challenges Negatively Impacts Family Relationships And Women's Sexuality, Susan Ayres

Susan Ayres

It is popularly believed that false paternity rates are 10-30%, and that thousands of unsuspecting men are supporting children who are not theirs. These reported rates of false paternity have become urban legend, demonizing women as over-sexualized partners who shouldn’t be trusted. This in turn has influenced laws regarding paternity, which have evolved to allow men to dis-establish paternity years after a child’s birth, even when there has been an adjudication or acknowledgment of paternity. This article argues that society should be cautious about elevating science as the highest consideration in truth claims about paternity. It examines the ...


Native American Rights & Adoption By Non-Indian Families: The Manipulation And Distortion Of Public Opinion To Overthrow Icwa, Harman Bual May 2018

Native American Rights & Adoption By Non-Indian Families: The Manipulation And Distortion Of Public Opinion To Overthrow Icwa, Harman Bual

American Indian Law Journal

No abstract provided.


Indian Child Welfare Act Annual Case Law Update And Commentary, Kathryn Fort, Adrian T. Smith May 2018

Indian Child Welfare Act Annual Case Law Update And Commentary, Kathryn Fort, Adrian T. Smith

American Indian Law Journal

There are, on average, 200 appellate cases addressing the Indian Child Welfare Act (ICWA) annually—though this number includes published and unpublished opinions. There are usually around thirty reported state appellate court cases involving ICWA issues every year. There has never been a systematic look at the cases on appeal including an analysis of who is appealing, what the primary issues are on appeal, and what trends are present. This article seeks to fill that void.

This article provides a comprehensive catalog of published ICWA jurisprudence from across all fifty states in 2017. Designed as a quick reference for the ...


Old Issues New Perspectives, Ronald Griffin Jan 2018

Old Issues New Perspectives, Ronald Griffin

Faculty Books and Book Contributions

The book commences with Ronald C. Griffin‟s essay Ghost Town: The Death of Marriage, the Birth of Cohabitation, and the Emergence of the Single Woman. In his essay he revisits the history of marriage, the economics of marriage, the rise and demise of childhood, the emergence of new couplings and the social traumas that come with them.


In Re Parental Rights As To A.D.L., 133 Nev. Adv. Op. 72 (Oct. 5, 2017), Alexis Wendl Oct 2017

In Re Parental Rights As To A.D.L., 133 Nev. Adv. Op. 72 (Oct. 5, 2017), Alexis Wendl

Nevada Supreme Court Summaries

The Nevada Supreme Court held that (1) requiring a parent to admit guilt to a criminal act in order to maintain his or her parental rights violates that parent’s Fifth Amendment rights; and (2) substantial evidence must demonstrate that terminating parental rights is in the best interest of the children when a parent overcomes the presumptions in NRS 128.109(1)-(2).


Gordon V. Geiger, 133 Nev. Adv. Op. 69 (Sept. 27, 2017), Rex Martinez Sep 2017

Gordon V. Geiger, 133 Nev. Adv. Op. 69 (Sept. 27, 2017), Rex Martinez

Nevada Supreme Court Summaries

The Court held that, without notice, a permanent change to custody and visitation violates due process rights, and the affected party must be given the opportunity to respond and rebut the evidence. Further, when the district court conducts an alternative interview with a child, the interviews must be recorded and comply with the Uniform Child Witness Testimony by Alternative Methods Act.