Family Law Commons^™

Political And Social Construction Of Families Through Pedagogy In Family Law Classrooms, Lundy Langston

Journal Publications

Most family law materials available today fail to reflect the diversity' of family arrangements in modem society. Traditionally, family law is taught as a rules-based area of law. Students learn the requirements of marriage and the grounds for and consequences of divorce. Currently, there are efforts to expand the codification of family law through such things as support guidelines, uniform acts, and legislation listing specific factors to be considered in custody and property distribution cases. Many of these efforts stem from the underlying assumption that there is a uniform methodology describing and defining doctrine appropriate for resolution of family related …

If Anybody Ask You Who I Am: An Outsider's Story Of The Duty To Establish Paternity, Lisa Kelly

American University Journal of Gender, Social Policy & the Law

No abstract provided.

Equal Protection

Touro Law Review

No abstract provided.

Abortion Rights In America, Joan R. Bullock

BYU Law Review

No abstract provided.

Lev V. Tel-Aviv-Jaffa Rabbinical Court, Aharon Barak, Dov Levin, Shlomo Levin

Translated Opinions

[This abstract is not part of the Court's opinion and is provided for the reader's convenience. It has been translated from a Hebrew version prepared by Nevo Press Ltd. and is used with its kind permission.]

Petitioner 1 and Respondent 3 were in divorce proceedings. In the context of a suit for marital reconciliation filed by Respondent 3, he requested that Respondent 1 prevent Petitioner 1 from leaving the country. His request was granted. Petitioner 1 requested that the order be vacated because her trip was intended as a vacation with her eldest daughter as well as for conducting business …

Civil, Constitutional And Criminal Justice Responses To Female Partner Abuse: Proposals For Reform, Mark Anthony Drumbl

Scholarly Articles

Female partner abuse -- the battering inflicted by heterosexual men upon their wives, common-law spouses and intimate partners -- is a pervasive phenomenon in North American society. Through a comparative analysis of the responses to female partner abuse in Buffalo (New York), Toronto and London (Ontario) this paper demonstrates that pro-arrest policing policies have a vital role in curbing conjugal violence. Nevertheless, any truly effective response to female partner abuse must link the criminal justice system with other areas of the law as well as community services. With this interdisciplinary approach as a governing paradigm, several reforms are proposed. These …

Defining The Scope Of The Constitutional Right To Marry: More Than Tradition, Less Than Unlimited Autonomy, 70 Notre Dame L. Rev. 39 (1994), Donald L. Beschle

UIC Law Open Access Faculty Scholarship

No abstract provided.

Ineffective Assistance Of Counsel: In Re Jeffrey V.

Touro Law Review

No abstract provided.

Yael Shefer (A Minor) By Her Mother And Natural Guardian, Talila Shefer V. State Of Israel, Menachem Elon, Yaakov Malz, H. Ariel

Translated Opinions

Facts: The appellant, Yael, a minor, was born with the incurable Tay-Sachs disease. When she was two, her mother applied to the District Court for a declaratory judgment that when Yael’s condition worsened, she would be entitled not to receive treatment against her will. The District Court denied the application. An appeal was filed to the Supreme Court, and in September 1988, the Supreme Court denied the appeal, without giving its reasons. When Yael was three years old, she died. The following judgment sets forth the reasons for the aforesaid decision of the Supreme Court, and discusses the right of …

Traditionalism, Secularism, And The Transformative Dimension Of Religious Institutions, W. Cole Durham Jr., Alexander Dushku

BYU Law Review

No abstract provided.

Constitutional Privacy And The Just Family, Anne Dailey

Faculty Articles and Papers

No abstract provided.

State Interest Analysis And The Channeling Function, Carl E. Scheider

Book Chapters

In this article, I wish to criticize the narrowness of the Supreme Court's conception of the interests states may advance to justify statutes challenged on constitutional privacy grounds. I also wish to identify and describe one of the several state interests that not infrequently undergirds such legislation but that the Court has failed to understand.

Due Process

Touro Law Review

No abstract provided.

Public Relief

Touro Law Review

No abstract provided.

The Art Of Line Drawing: The Establishment Clause And Public Aid To Religiously Affiliated Child Care, Elizabeth Samuels

All Faculty Scholarship

The Article analyzes both the meaning and the constitutionality of Child Care Development Block Grant's church-and-state-related provisions in light of existing Supreme Court Establishment Clause jurisprudence. The CCDBG's church-and-state-related provisions represent a legislative effort to perform the type of Establishment Clause line drawing that the Supreme Court has traditionally undertaken and continues to undertake in cases involving aid to religious institutions. The congressional debate and the public controversy it engendered over line drawing between permissible and impermissible aid to religiously affiliated child care, and the resolution reached in the CCDBG, all achieve an important constitutional aim. They reflect and reinforce …

Limitations On Family Size: Potential Pressures On The Rights Of Privacy And Procreation, Rodney A. Smolla

William & Mary Bill of Rights Journal

No abstract provided.

A Constitutional Right Of Religious Exemption: An Historical Perspective, Philip A. Hamburger

Faculty Scholarship

Did late eighteenth-century Americans understand the Free Exercise Clause of the United States Constitution to provide individuals a right of exemption from civil laws to which they had religious objections? Claims of exemption based on the Free Exercise Clause have prompted some of the Supreme Court's most prominent free exercise decisions, and therefore this historical inquiry about a right of exemption may have implications for our constitutional jurisprudence. Even if the Court does not adopt late eighteenth-century ideas about the free exercise of religion, we may, nonetheless, find that the history of such ideas can contribute to our contemporary analysis. …

Racism And Patriarchy In The Meaning Of Motherhood, Dorthy E. Roberts

American University Journal of Gender, Social Policy & the Law

No abstract provided.

Expanding Our Vision Of Legal Services Representation– The Hermanas Unidas Project, Stacy Brustin

American University Journal of Gender, Social Policy & the Law

No abstract provided.

Roe V. Wade And The Dred Scott Decision: Justice Scalia's Peculiar Analogy In Planned Parenthood V. Casey, Jamin B. Raskin

American University Journal of Gender, Social Policy & the Law

No abstract provided.

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

American University Journal of Gender, Social Policy & the Law

No abstract provided.

Discovering Our Connections: Race And Gender In The Law Symposium Keynote Address, Margaret Walker Alexander

American University Journal of Gender, Social Policy & the Law

No abstract provided.

Due Process

Touro Law Review

No abstract provided.

Equal Protection

Touro Law Review

No abstract provided.

The "Gag Rule" Revisited: Physicians As Abortion Gatekeepers, Maxwell Gregg Bloche

Georgetown Law Faculty Publications and Other Works

To the surprise of many and the dismay of some, the U.S. Supreme Court took it upon itself last term to proclaim a national compromise on the question of abortion. The Court's announced truce, an elaboration on Justice O'Connor's "undue burden" idea, is pragmatic in design but unlikely to prove stable in practice. The three justices who spoke for the Court disparaged Roe with reluctant praise, then upheld its outer shell on the ground that social expectations and the need to sustain the appearance of the rule of law made it impolitic to do otherwise. This awkward doctrinal invention seems …

Individualism And Autonomy In Family Law: The Waning Of Belonging, Bruce C. Hafen

BYU Law Review

No abstract provided.

The State, The Family, And The Constitution: A Case Study In Flawed Bipolar Analysis, Earl M. Maltz

BYU Law Review

No abstract provided.

Grandparent Visitation: The Parental Privacy Right To Raise Their "Bundle Of Joy", Michael J. Minerva, Jr.

Florida State University Law Review

No abstract provided.

Of Fatherhood, Families, And Fantasy: The Legacy Of Michael H. V. Gerald D., Mary Kay Kisthardt

Faculty Works

No abstract provided.

Getting The Facts: Empirical Evaluation And The Constitutionality Of Pre-Abortion Parental Notification Statutes, Stephen J. Anderer

Villanova Law Review (1956 - )

No abstract provided.