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Articles 871 - 900 of 1008

Full-Text Articles in Family Law

The Federal Military Retirement System Preempts State Community Property Law At Divorce: Mccarty V. Mccarty, Samuel D. Mcvey May 1982

The Federal Military Retirement System Preempts State Community Property Law At Divorce: Mccarty V. Mccarty, Samuel D. Mcvey

BYU Law Review

No abstract provided.


Survey Of Developments In West Virginia Law: 1981 Jan 1982

Survey Of Developments In West Virginia Law: 1981

West Virginia Law Review

No abstract provided.


Doe V. Doe: Destroying The Presumption That Homosexual Parents Are Unfit- The New Burden Of Proof, Gary L. Caldwell Jan 1982

Doe V. Doe: Destroying The Presumption That Homosexual Parents Are Unfit- The New Burden Of Proof, Gary L. Caldwell

University of Richmond Law Review

In a recent decision concerning adoption, the Virginia Supreme Court declined "to hold that every lesbian mother or homosexual father is per se an unfit parent." This finding was apparently at odds with Virginia statutes outlawing marriages between members of the same sex and making it a criminal offense to engage in a homosexual relationship. In rejecting the trial court's use of a conclusive legal presumption that homosexuality is tantamount to a parent's unfitness, the justices closely examined the effects of the appellant's lesbianism upon her son to "determine whether the consequences of harm to the child of allowing the …


Mills V. Habluetzel, Lewis F. Powell Jr. Oct 1981

Mills V. Habluetzel, Lewis F. Powell Jr.

Supreme Court Case Files

No abstract provided.


"Deprogramming": From The Defense Counsel's Perspective, Albert R. Vermeire Oct 1981

"Deprogramming": From The Defense Counsel's Perspective, Albert R. Vermeire

West Virginia Law Review

We begin with the proposition that the right of freedom of thought protected by the First Amendment against State action includes both the right to speak freely and the right to refrain from speaking at all. A system which secures the right to proselytize religious, political and ideological causes must also guarantee the concomitant right to decline to foster such concepts. The right to speak and the right to refrain from speaking are complementary components of the broader concept of 'individual freedom of mind.' Anguished parents and sympathetic judges; concerned attorneys and psychologists; reality-inducing therapists, police officers and adult or …


Freedom And Choice In Constitutional Law, John H. Garvey Jan 1981

Freedom And Choice In Constitutional Law, John H. Garvey

Scholarly Articles

The constitutional rights of children, the mentally ill, and other legally incompetent persons have been the subject of much litigation in the past twenty years. In this Article, Professor Garvey develops a general theory to explain the different ways in which persons of diminished capacity can be said to enjoy constitutional protections. He first notes that, of the various constitutional provisions, only one kind -freedoms, which protect the right to make choices - pose serious difficulties when applied to persons of diminished capacity. He then proposes a hierarchy of ways in which we can attribute freedoms to such persons: the …


The State's Interest In Adoption And Washington's Sealed Records Statute, Eileen M. Lawrence Jan 1981

The State's Interest In Adoption And Washington's Sealed Records Statute, Eileen M. Lawrence

Seattle University Law Review

After discussing the legal effect of the adoption decree and the purpose of Washington's adoption statute, this comment will analyze the competing interests of the adoptee, the biological parents, the adoptive parents, and the state. This article will also discuss the legislative proposal in Washington attempting to abolish the good cause requirement. Finally, this article concludes the sealed records requirement is constitutionally sound and despite the need for further legislative articulation, the good cause balancing approach is the most suitable method for protecting the conflicting rights and interests inherent in the adoption process.


Survey Of Developments In West Virginia Law: 1980 Dec 1980

Survey Of Developments In West Virginia Law: 1980

West Virginia Law Review

No abstract provided.


An Analytical Model To Assure Consideration Of Parental And Familial Interests When Defining The Constitutional Rights Of Minors-An Examination Of In Re Scott K., Matthew Fenn Hilton Sep 1980

An Analytical Model To Assure Consideration Of Parental And Familial Interests When Defining The Constitutional Rights Of Minors-An Examination Of In Re Scott K., Matthew Fenn Hilton

BYU Law Review

No abstract provided.


Survey Of Developments In West Virginia Law: 1979 Apr 1980

Survey Of Developments In West Virginia Law: 1979

West Virginia Law Review

No abstract provided.


Equal Protection For Illegitimate Children: A Consistent Rule Emerges, Scott E. Isaacson Mar 1980

Equal Protection For Illegitimate Children: A Consistent Rule Emerges, Scott E. Isaacson

BYU Law Review

No abstract provided.


Constitutional Law - Due Process - Minor Child May Be Voluntarily Committed To Mental Institution By Parents Or Guardian Following Precommitment Approval By A Staff Psychiatrist, Provided That The Child's Condition Is Then Periodically Reviewed, Helene M. Koller Jan 1980

Constitutional Law - Due Process - Minor Child May Be Voluntarily Committed To Mental Institution By Parents Or Guardian Following Precommitment Approval By A Staff Psychiatrist, Provided That The Child's Condition Is Then Periodically Reviewed, Helene M. Koller

Villanova Law Review (1956 - )

No abstract provided.


An Analysis Of The Unwed Father's Adoption Rights In Light Of Caban V. Mohammed: A Foundation In Federal Law For A Necessary Redrafting Of The Pennsylvania Adoption Act, Richard Gutekunst Jan 1980

An Analysis Of The Unwed Father's Adoption Rights In Light Of Caban V. Mohammed: A Foundation In Federal Law For A Necessary Redrafting Of The Pennsylvania Adoption Act, Richard Gutekunst

Villanova Law Review (1956 - )

No abstract provided.


Constitutional Law-Equal Protection-Parent And Child-Adoption-Unwed Father Has Equal Protection Right To Consent-Caban V. Mohammed, 441 U.S. 380 (1979). Nov 1979

Constitutional Law-Equal Protection-Parent And Child-Adoption-Unwed Father Has Equal Protection Right To Consent-Caban V. Mohammed, 441 U.S. 380 (1979).

BYU Law Review

No abstract provided.


Alimony For Men -- The Changing Law, Pamela Joy Smith Oct 1979

Alimony For Men -- The Changing Law, Pamela Joy Smith

Florida State University Law Review

No abstract provided.


United States V. Clark, Lewis F. Powell Jr. Oct 1979

United States V. Clark, Lewis F. Powell Jr.

Supreme Court Case Files

No abstract provided.


State V. West, No. 53, 123, 23 Fla. L. W. 265 (Sup. Ct. June 7, 1979), Marjorie E. Smith Jul 1979

State V. West, No. 53, 123, 23 Fla. L. W. 265 (Sup. Ct. June 7, 1979), Marjorie E. Smith

Florida State University Law Review

Constitutional Law-EQUAL PROTECTION-STATUTE OF LIMITATIONS FOR PATERNITY SUITS DOES NOT DENY ILLEGITIMATE CHILDREN THE EQUAL PROTECTION OF THE LAWS


The Unwed Father: Conflict Of Rights In Adoption Proceedings, Winston R. Davis Jul 1979

The Unwed Father: Conflict Of Rights In Adoption Proceedings, Winston R. Davis

Florida State University Law Review

No abstract provided.


Family Law–Divorce–Constitutionality Of Arkansas Property Settlement And Alimony Statutes, Gordon W. Hawthorne Apr 1979

Family Law–Divorce–Constitutionality Of Arkansas Property Settlement And Alimony Statutes, Gordon W. Hawthorne

University of Arkansas at Little Rock Law Review

No abstract provided.


Family Law–Adoption–Revised Uniform Adoption Act, Terry L. Derden Apr 1979

Family Law–Adoption–Revised Uniform Adoption Act, Terry L. Derden

University of Arkansas at Little Rock Law Review

No abstract provided.


Survey Of Developments In West Virginia Law: 1978 Feb 1979

Survey Of Developments In West Virginia Law: 1978

West Virginia Law Review

No abstract provided.


Illegitimacy And The Rights Of Unwed Fathers In Adoption Proceedings After Quilloin V. Walcott, 12 J. Marshall J. Prac. & Proc. 383 (1979), Steven E. Davis Jan 1979

Illegitimacy And The Rights Of Unwed Fathers In Adoption Proceedings After Quilloin V. Walcott, 12 J. Marshall J. Prac. & Proc. 383 (1979), Steven E. Davis

UIC Law Review

No abstract provided.


Constitutional Implications Of Parental Support Laws, Martin R. Levy, Sara W. Gross Jan 1979

Constitutional Implications Of Parental Support Laws, Martin R. Levy, Sara W. Gross

University of Richmond Law Review

This article addresses the constitutionality of those statutes known as "parental support laws" or "relative support statutes" in light of the equal protection clause of the fourteenth amendment to the United States Constitution. These statutes impose upon a person the duty to support an indigent parent or other impoverished relatives. This article focuses only on the statutory duty of children-under threat of punishment-to support indigent parents. In order to pass Constitutional muster under the requirements of the equal protection clause, there must be established at least a rational relationship between the class designated by the statute and the objective of …


From The Mouths Of Babes: Does The Constitutional Right Of Privacy Mandate A Parent-Child Privilege? Nov 1978

From The Mouths Of Babes: Does The Constitutional Right Of Privacy Mandate A Parent-Child Privilege?

BYU Law Review

No abstract provided.


Lalli V. Lalli, Lewis F. Powell Jr. Oct 1978

Lalli V. Lalli, Lewis F. Powell Jr.

Supreme Court Case Files

No abstract provided.


Caban V. Mohammed, Lewis F. Powell Jr. Oct 1978

Caban V. Mohammed, Lewis F. Powell Jr.

Supreme Court Case Files

No abstract provided.


Parham V. Hughes, Lewis F. Powell Jr. Oct 1978

Parham V. Hughes, Lewis F. Powell Jr.

Supreme Court Case Files

No abstract provided.


Califano V. Westcott, Lewis F. Powell Jr. Oct 1978

Califano V. Westcott, Lewis F. Powell Jr.

Supreme Court Case Files

No abstract provided.


Orr V. Orr, Lewis F. Powell Jr. Oct 1978

Orr V. Orr, Lewis F. Powell Jr.

Supreme Court Case Files

No abstract provided.


Califano V. Boles, Lewis F. Powell Jr. Oct 1978

Califano V. Boles, Lewis F. Powell Jr.

Supreme Court Case Files

No abstract provided.