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Articles 421 - 450 of 589
Full-Text Articles in Family Law
Does The Right To Counsel On Appeal End As You Exit The Court Of Appeals?, Nancy P. Collins
Does The Right To Counsel On Appeal End As You Exit The Court Of Appeals?, Nancy P. Collins
Seattle Journal for Social Justice
No abstract provided.
Improving Access To Justice: Plain Language Family Law Court Forms In Washington State, Charles R. Dyer, Joan E. Fairbanks, M. Lynn Greiner, Kirsten Barron, Janet L. Skreen, Josefina Cerrillo-Ramirez, Andrew Lee, Bill Hinsee
Improving Access To Justice: Plain Language Family Law Court Forms In Washington State, Charles R. Dyer, Joan E. Fairbanks, M. Lynn Greiner, Kirsten Barron, Janet L. Skreen, Josefina Cerrillo-Ramirez, Andrew Lee, Bill Hinsee
Seattle Journal for Social Justice
No abstract provided.
Congress' Encroachment On The President's Power In Indian Law And Its Effect On Executive-Order Reservations, Mark R. Carter Jd, Phd
Congress' Encroachment On The President's Power In Indian Law And Its Effect On Executive-Order Reservations, Mark R. Carter Jd, Phd
Seattle Journal for Social Justice
No abstract provided.
Terminating Parental Rights Through A Backdoor In The Virginia Code: Adoptions Under Section 63.2-1202(H), Dale Margolin Cecka
Terminating Parental Rights Through A Backdoor In The Virginia Code: Adoptions Under Section 63.2-1202(H), Dale Margolin Cecka
University of Richmond Law Review
No abstract provided.
Family Law, Sharon K. Lieblich
Family Law, Sharon K. Lieblich
University of Richmond Law Review
No abstract provided.
Identification Problems And Voting Obstacles For Transgender Americans, James A. Haynes
Identification Problems And Voting Obstacles For Transgender Americans, James A. Haynes
Indiana Journal of Law and Social Equality
No abstract provided.
Child Abuse Reporting In New York State: The Dilemma Of The Mental Health Professional, David J. Agatstein
Child Abuse Reporting In New York State: The Dilemma Of The Mental Health Professional, David J. Agatstein
Journal of the National Association of Administrative Law Judiciary
No abstract provided.
Seen But Not Heard: Advocating For Children In New York State, Sarah L. Marx
Seen But Not Heard: Advocating For Children In New York State, Sarah L. Marx
Touro Law Review
On November 1, 2008, the New York State Bar Association House of Delegates approved a resolution affirming their commitment towards establishing a civil right to counsel in New York State. One of the issues identified is a child's right to representation not only in criminal, but also civil proceedings. Unlike other litigant groups, children have a statutorily established right to council in civil proceedings. However, as the white paper, adopted by the New State Bar Association, details, there are gaps in children 's advocacy throughout New York State. While significant steps towards improvement have recently taken place, there is still …
Unheard Voices Of Domestic Violence Victims: A Call To Remedy Physician Neglect, Nat Stern, Karen Oehme, Ember Urbach
Unheard Voices Of Domestic Violence Victims: A Call To Remedy Physician Neglect, Nat Stern, Karen Oehme, Ember Urbach
Scholarly Publications
No abstract provided.
Adoptive Couple V. Baby Girl: Two-And-A-Half Ways To Destroy Indian Law, Marcia A. Yablon-Zug
Adoptive Couple V. Baby Girl: Two-And-A-Half Ways To Destroy Indian Law, Marcia A. Yablon-Zug
Michigan Law Review First Impressions
In December 2011, Judge Malphrus of the South Carolina family court ordered Matt and Melanie Capobianco to relinquish custody of Veronica, their two-year-old, adopted daughter, to her biological father, Dusten Brown. A federal statute known as the Indian Child Welfare Act ("ICWA") mandated Veronica's return. However, the court's decision to return Veronica pursuant to this law incited national outrage and strident calls for the Act's repeal. While this outrage was misplaced, it may nonetheless have influenced the U.S. Supreme Court's decision to hear the appeal. The case of Adoptive Couple v. Baby Girl is emotionally complicated, but it is not …
Reimbursement Of Community Contributions To A Spouse's Education Upon Divorce: California Civil Code Section 4800.3, Suzanne E. Rand
Reimbursement Of Community Contributions To A Spouse's Education Upon Divorce: California Civil Code Section 4800.3, Suzanne E. Rand
Pepperdine Law Review
When the California Legislature passed California Civil Code section 4800.3, it attempted to create a remedy for the circumstances posed by the highly publicized case of In re Marriage of Sullivan. The legislature created a new cause of action for "reimbursement" of funds contributed to the education or training of a spouse. The question remains whether reimbursement is an equitable and workable remedy for the Sullivan type situation. This comment analyzes the section and suggests possible approaches to litigation of a section 4800.3 claim.
Alienating Sham Marriages For Tougher Immigration Penalties: Congress Enacts The Marriage Fraud Act, Karen L. Rae
Alienating Sham Marriages For Tougher Immigration Penalties: Congress Enacts The Marriage Fraud Act, Karen L. Rae
Pepperdine Law Review
No abstract provided.
Thompson V. Thompson: The Jurisdictional Dilemma Of Child Custody Cases Under The Parental Kidnapping Prevention Act , Steven M. Schuetze
Thompson V. Thompson: The Jurisdictional Dilemma Of Child Custody Cases Under The Parental Kidnapping Prevention Act , Steven M. Schuetze
Pepperdine Law Review
No abstract provided.
Chapter 834: Clearing A Roadblock In The Battle Over Same-Sex Marriage, Sean D. O’Dowd
Chapter 834: Clearing A Roadblock In The Battle Over Same-Sex Marriage, Sean D. O’Dowd
McGeorge Law Review
No abstract provided.
Chapter 718: Financial Protection For Victims Of Sexually Violent Felonies By A Spouse, Kailey Hackbarth
Chapter 718: Financial Protection For Victims Of Sexually Violent Felonies By A Spouse, Kailey Hackbarth
McGeorge Law Review
No abstract provided.
How Congress Could Defend Doma In Court (And Why The Blag Cannot), Matthew I. Hall
How Congress Could Defend Doma In Court (And Why The Blag Cannot), Matthew I. Hall
Scholarly Works
In one of the most closely watched litigation matters in recent years, the Supreme Court will soon consider Edith Windsor's challenge to the Defense of Marriage Act (DOMA). The Court surprised many observers by granting certiorari, not only on the merits of Windsor's equal protection and due process claims, but also on the question whether the defendants — the United States and the Bipartisan Legal Advisory Group of the House of Representatives (the BLAG) — have Article III standing to defend DOMA. The United States has agreed with plaintiffs that DOMA is unconstitutional, prompting the BLAG to intervene for the …
What Marriage Equality Arguments Portend For Domestic Partner Employee Benefits, Nancy Polikoff
What Marriage Equality Arguments Portend For Domestic Partner Employee Benefits, Nancy Polikoff
Scholarly Articles in Law Reviews & Journals
No abstract provided.
The Best Interest Of The Child And The Law , Christian Reichel Van Deusen
The Best Interest Of The Child And The Law , Christian Reichel Van Deusen
Pepperdine Law Review
No abstract provided.
A Constitutional Right To Safe Foster Care - Time For The Supreme Court To Pay Its I.O.U., Daniel L. Skoler
A Constitutional Right To Safe Foster Care - Time For The Supreme Court To Pay Its I.O.U., Daniel L. Skoler
Pepperdine Law Review
No abstract provided.
Allocating The Costs Of Parental Free Exercise: Striking A New Balance Between Sincere Religious Belief And A Child's Right To Medical Treatment , Paul A. Monopoli
Allocating The Costs Of Parental Free Exercise: Striking A New Balance Between Sincere Religious Belief And A Child's Right To Medical Treatment , Paul A. Monopoli
Pepperdine Law Review
No abstract provided.
The Probate Definition Of Family: A Proposal For Guided Discretion In Intestacy, Susan N. Gary
The Probate Definition Of Family: A Proposal For Guided Discretion In Intestacy, Susan N. Gary
University of Michigan Journal of Law Reform
Intestacy statutes may not match the wishes of many people who die intestate. Changes to the Uniform Probate Code (UPC) include or exclude potential takers, as the drafters attempt to bring the UPC provisions closer to the intent of more intestate decedents. As the UPC tries to fine-tune the intestacy statutes, however, family circumstances continue to get more and more complicated. Families headed by unmarried couples, blended families with children from multiple marriages, and families in which adults raise children who are not legally theirs, have become commonplace. For some decedents, non-family friends and caregivers may be more important than …
Toward Equality: Nonmarital Children And The Uniform Probate Code, Paula A. Monopoli
Toward Equality: Nonmarital Children And The Uniform Probate Code, Paula A. Monopoli
University of Michigan Journal of Law Reform
This Article traces the evolution of the Uniform Probate Code's (UPC) broad equality framework for inheritance by nonmarital children in the context of the wider movement for legal equality for such children in society. It concludes that the UPC is to be lauded for its efforts to provide equal treatment to all nonmarital children. The UPC's commitment to such equality serves an expressive function for state legislatures and courts to follow its lead. The UPC has fulfilled its promise that all children regardless of marital status shall be equal for purposes of inheritance from or through parents, with one exception: …
“Strong Words, Gentle Deeds”: Evaluating The Effectiveness Of The Maryland Immigration Consultant Act Five Years On, Cori Alonso-Marsden
“Strong Words, Gentle Deeds”: Evaluating The Effectiveness Of The Maryland Immigration Consultant Act Five Years On, Cori Alonso-Marsden
Legislation and Policy Brief
On February 7, 2005, legislators introduced in the Maryland General Assembly a bill entitled “Consumer Protection – Immigration Consulting Services.” Designated as House Bill 691, the legislation sought to protect Maryland consumers through a series of civil and criminal provisions targeting consultants for unauthorized immigration legal practice. Primarily, House Bill 691 limited the types of services an immigration consultant could offer and the claims she could make regarding those services. In addition, the law required that the consultant provide the client with a posted disclaimer regarding the scope of the service, and a written contract prior to the provision of …
The Upc Substituted Judgment/Best Interest Standard For Guardian Decisions: A Proposal For Reform, Lawrence A. Frolik, Linda S. Whitton
The Upc Substituted Judgment/Best Interest Standard For Guardian Decisions: A Proposal For Reform, Lawrence A. Frolik, Linda S. Whitton
Law Faculty Publications
The introduction in 1997 of "substituted judgment" as a guiding principle for guardian decisions was a key contribution of the UPC to guardianship reform. The current UPC section 5-314(a) instructs guardians to "consider the expressed desires and personal values of the ward" when making decisions and to "at all times...act in the ward's best interest." This dual mandate for guardian decisions was intended to promote the self-determination interests of incapacitated adults. This article argues that in practice the standard has failed to achieve this goal. It analyzes the shortcomings of UPC Section 5-314(a) and other statutory decision-making standards and offers …
Hospital Visitation: The Forgotten Gay Rights Struggle, 45 J. Marshall L. Rev. 939 (2012), Meredith Fileff
Hospital Visitation: The Forgotten Gay Rights Struggle, 45 J. Marshall L. Rev. 939 (2012), Meredith Fileff
UIC Law Review
No abstract provided.
Referenda And The District Of Columbia's Human Rights Act: Voting On Same-Sex Marriage In The Nation's Capital, Jacob Stewart
Referenda And The District Of Columbia's Human Rights Act: Voting On Same-Sex Marriage In The Nation's Capital, Jacob Stewart
Legislation and Policy Brief
Beginning with Massachusetts in 2003, the courts and legislatures of many states have had to decide whether same-sex marriage is or should be a fundamental right under their respective constitutions. Although only five states and the District of Columbia legally perform same-sex marriages, a few other jurisdictions are in the process of proposing laws moving in that direction. However, the vast majority of states are holding fast to the traditional heterosexual definition of marriage. Thirty-eight states have adopted some sort of Defense of Marriage Act, constitutional amendment, or similar measure that defines marriage as the union between one man and …
State V. Harden: Muddying The Waters Of Self-Defense Law In West Virginia, Devin C. Daines
State V. Harden: Muddying The Waters Of Self-Defense Law In West Virginia, Devin C. Daines
West Virginia Law Review
No abstract provided.
“For Any Reason”: Paper Promises To Protect Service Members, Tami Martin
“For Any Reason”: Paper Promises To Protect Service Members, Tami Martin
Legislation and Policy Brief
In short, "Don't Ask, Don't Tell" (DADT) is the law that prohibits lesbian, gay, and bisexual (LGB) individuals from serving openly in the military. Despite the fact that the Obama Administration has yet to fulfill the campaign promise of ending DADT, many believe the question is more "when" than "if" it will be repealed. Much attention has focused on ending the policy, but it is also important to consider what might happen after repeal. This article briefly examines the history of DADT, major policies meant to protect service members from harassment they experience because of their actual or perceived sexual …
The Fallacy Of Neutrality From Beginning To End: The Battle Between Religious Liberties And Rights Based On Homosexual Conduct, Rena M. Lindevaldsen
The Fallacy Of Neutrality From Beginning To End: The Battle Between Religious Liberties And Rights Based On Homosexual Conduct, Rena M. Lindevaldsen
Faculty Publications and Presentations
The Bible plainly states that everyone must either "bring every thought into captivity to the obedience of Christ" or continue as "enemies in your mind." Un-Biblical thinking, like un-Bibical actions, leads one on a path away from God. Part II of this Article will briefly introduce a Biblical approach to thinking about contemporary issues and discuss how Christians can unwittingly abandon distinctively Biblical thinking under the guise of neutrality. Part III will present a number of cases that highlight the fallacy of neutrality in the battle between religious liberties and rights based on homosexual conduct. Part IV will contend that …
Gps Monitoring May Cause Orwell To Turn In His Grave, But Will It Escape Constitutional Challenges? A Look At Gps Monitoring Of Domestic Violence Offenders In Illinois, 43 J. Marshall L. Rev. 845 (2010), Mary Ann Scholl
UIC Law Review
No abstract provided.