Law Commons^™

Handbook Of The Law Of Persons And Domestic Relations. By Joseph W. Madden, Robert C. Brown

Dr Robert Brown

No abstract provided.

Beyond Law Enforcement: Camreta V. Greene, Child Protection Investigations, And The Need To Reform The Fourth Amendment Special Needs Doctrine, Josh Gupta-Kagan

Faculty Publications

The Fourth Amendment “special needs” doctrine distinguishes between searches and seizures that serve the “normal need for law enforcement” and those that serve some other “special need,” excusing non-law enforcement searches and seizures from the warrant and probable cause requirements. The Supreme Court has never justified drawing this bright line exclusively around law enforcement searches and seizures but not those that threaten important non-criminal constitutional rights.

Child protection investigations illustrate the problem: Millions of times each year, state child protection authorities search families’ homes, and seize children for interviews about alleged maltreatment. Only a minority of these investigations involve an …

Misappropriating Women’S History In The Law And Politics Of Abortion , Tracy A. Thomas

Seattle University Law Review

To examine the veracity of the political and legal claims of a feminist history against abortion, this Article focuses on one of the leading icons used in antiabortion advocacy—Elizabeth Cady Stanton. Stanton has, quite literally, been the poster child for FFL’s historical campaign against abortion, appearing on posters, flyers, and commemorative coffee mugs. Advocates claim that Stanton is a particularly fitting spokesperson because she was a “feisty gal who had seven children and was outspokenly pro-life.” They claim that she “condemned abortion in the strongest possible terms” and was “a revolutionary who consistently advocated for the rights of women, for …

Ten Questions Every Cohabitant Should Think About Before Moving In, Robin F. Wilson

Scholarly Articles

None available.

Babies, Parents, And Grandparents: A Story In Two Cases, Karen Czapanskiy

Karen Czapanskiy

No abstract provided.

Disabled Kids And Their Moms: Caregivers And Horizontal Equity, Karen S. Czapanskiy

Karen Czapanskiy

No abstract provided.

The Metamorphosis Of Marriage And Adoption, Sanford N. Katz, Daniel R. Katz

Sanford N. Katz

No abstract provided.

L'Indennità Di Paternità Negata Al Padre Avvocato, Valerio Sangiovanni

Valerio Sangiovanni

No abstract provided.

Modern Odysseus Or Classic Fraud - Fourteen Years In Prison For Civil Contempt Without A Jury Trial, Judicial Power Without Limitation, And An Examination Of The Failure Of Due Process, Mitchell J. Frank

Faculty Scholarship

No abstract provided.

To Be Or Not To Be (A Parent)? – Not Precisely The Question; The Frozen Embryo Dispute, Yehezkel Margalit

Hezi Margalit

Modern medicine offers a variety of fertility treatments, with the result that in the United States alone, there are more than 400,000 frozen embryos and another 10,000 are frozen every year. Since the rate of divorce in the United States increases exponentially, one can easily imagine how many frozen embryos could become open to litigation. Indeed, the media, the law and the people concerned with the ethical aspects have devoted much attention to this issue. This is because litigation forces the reassessment of many complex issues starting with the appropriate balance between an individual’s legal right to be and not …

Equitable Distribution: Virginia Code Section 20-107, Ingrid Michelsen Hillinger, Sharon A. Henderson, David A. Glazer

Ingrid Michelsen Hillinger

In Virginia traditional alimony was the only form of recompense allowed to a divorced spouse until 1977. Property was divided according to title, either his, hers or theirs. In 1977, the legislature added the possibility of a "lump sum payment" based upon the "property interests of the parties" after considering "the contributions, monetary and non-monetary, of each party to the well-being of the family," among other factors. This language gave little guidance as to when such an award might be appropriate or what specific factors were to be considered. A survey conducted by Ingrid Hillinger for the Family Law Section …

The Family And The Market -- Redux, Maxine Eichner

Faculty Publications

No abstract provided.

Changing The Narrative Of Child Welfare, Matthew I. Fraidin

Journal Articles

No abstract provided.

The Internationalization Of American Family Law, Barbara Stark

Hofstra Law Faculty Scholarship

Even fifty years ago, the United States was a superpower and Americans traveled for pleasure and worked abroad. Then, like now, the United States was a magnet for immigrants seeking freedom, or asylum, or opportunity. Then, like now, human relationships crossed geographical and political boundaries, challenging the limits of family law.

But globalization and the vast migrations of capital and labor that have accompanied it in recent decades have transformed family law in once unimaginable ways. Families have been torn apart and new families have been created. Borders have become more porous, allowing adoptees and mail order brides to join …

Dirty Harry Meets Dirty Diapers: Masculinities, At-Home Fathers, And Making The Law Work For Families, Beth A. Burkstrand-Reid

Beth A. Burkstrand-Reid

Who is the “man”? Implicit in this question is whether the man at issue demonstrates traits traditionally associated with masculinity: traits such as power, rejecting all things associated with being female, aggression, and being the family breadwinner. If a man, then, abandons paid work and stays at home full time with his children, is he still a “man” as typically defined? The answer to this question bears both on whether families are truly evolving away from the traditional, gendered construct that places men as family breadwinners and women as caregivers and whether work-family balance law meets the needs of these—and …