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Articles 481 - 510 of 589
Full-Text Articles in Family Law
Federal Child Welfare Law And Policy: Understanding The Federal Law And Funding Process., Miriam Rollin, Frank Vandervort, Ann M. Haralambie
Federal Child Welfare Law And Policy: Understanding The Federal Law And Funding Process., Miriam Rollin, Frank Vandervort, Ann M. Haralambie
Book Chapters
This chapter provides an overview of federal and uniform statutes that impact the practice of child welfare law.
Family And Juvenile Law, Robert E. Shepherd Jr.
Family And Juvenile Law, Robert E. Shepherd Jr.
University of Richmond Law Review
No abstract provided.
Rescuing Children From The Marriage Movement: The Case Against Marital Restrictions On Adoption And Assisted Reproduction, Richard F. Storrow
Rescuing Children From The Marriage Movement: The Case Against Marital Restrictions On Adoption And Assisted Reproduction, Richard F. Storrow
ExpressO
Much of the current cultural debate about marriage in the United States focuses on the need for children to be raised by heterosexual married couples. In the current atmosphere, it is important to examine how marriage functions in contexts where parent-child relationships are determined by more than just genetics and marital presumptions. This Article argues that the favoritism toward marriage in adoption and assisted reproduction relates neither to the purposes of marriage nor to child welfare. Part I subjects marital restrictions on assisted reproduction to an interpretivist microscope, and Part II undertakes a comprehensive comparison of step-parent adoption and second-parent …
“Which One Of You Did It?” Criminal Liability For “Causing Or Allowing” The Death Of A Child, Lissa Griffin
“Which One Of You Did It?” Criminal Liability For “Causing Or Allowing” The Death Of A Child, Lissa Griffin
ExpressO
No abstract provided.
Balancing The Demands Of The Workplace With The Needs Of The Modern Family: Expanding Family And Medical Leave To Protect Domestic Partners, Kimberly Menashe Glassman
Balancing The Demands Of The Workplace With The Needs Of The Modern Family: Expanding Family And Medical Leave To Protect Domestic Partners, Kimberly Menashe Glassman
University of Michigan Journal of Law Reform
This Note addresses the importance of expanding the federal Family and Medical Leave Act and state family and medical leave laws to protect domestic partners. Congress passed the Family and Medical Leave Act to allow workers to balance their work lives and family lives by granting workers the right to take leave time to care for an immediate family member in times of medical necessity. The term 'family member," however, is generally limited to relation y blood, adoption, or marriage, and does not include an individual's domestic partner. The concept of family has evolved in our legal system and is …
For And Against Marriage: A Revision., Anita Bernstein
For And Against Marriage: A Revision., Anita Bernstein
Faculty Scholarship
No abstract provided.
Wills, Trusts, And Estates, J. Rodney Johnson
Wills, Trusts, And Estates, J. Rodney Johnson
University of Richmond Law Review
No abstract provided.
Is Marriage Obsolete?, Lynn D. Wardle
Is Marriage Obsolete?, Lynn D. Wardle
Michigan Journal of Gender & Law
Is legal marriage obsolete? Wardle thinks not. In order to understand why not, it is necessary first to grasp the significance of the focus of the discussion on the legal status of marriage. As this Introduction suggests, lack of legal marriage status does not prevent families and communities from treating couples as married nor does the law forbid couples from voluntarily providing each other "marital benefits." Nevertheless, whether marriage is obsolete at the beginning of the twenty-first century is an important question. This article analyzes four dimensions of that question.
From Presumed Fathers To Lesbian Mothers: Sex Discrimination And The Legal Construction Of Parenthood, Susan E. Dalton
From Presumed Fathers To Lesbian Mothers: Sex Discrimination And The Legal Construction Of Parenthood, Susan E. Dalton
Michigan Journal of Gender & Law
In Part I of this article, Dalton briefly reviews the way legal scholars commonly define sex-based discrimination, particularly as it pertains to issues of reproduction. Part II is a brief historical review of legal constructions of parenthood. In Part III, Dalton examines two legal concepts: retroactive legitimation and presumed fatherhood. Both concepts were introduced in 1872 and each independently encouraged judges to think of fatherhood as consisting of two distinct spheres, the biological and the social. She then traces the legal development of these concepts through a series of presumed father, retroactive legitimation, and putative father cases. In Part IV …
Marriage Law: Obsolete Or Cutting Edge?, Michigan Journal Of Gender & Law
Marriage Law: Obsolete Or Cutting Edge?, Michigan Journal Of Gender & Law
Michigan Journal of Gender & Law
Over the past hundred years, social and cultural expectations surrounding various forms of committed relationships have changed dramatically, and contemporary legal systems have struggled to adapt. The result has been an extraordinary opportunity to test fundamental assumptions about law, about the cultural understandings that are enforced through state power, and about the mechanisms that drive law's evolution. The Michigan Journal of Gender & Law has drawn together an exceptional group of panelists who will discuss these questions throughout the day.
Covenant Marriage Turns Five Years Old, Steven L. Nock, Laura Sanchez, Julia C. Wilson, James D. Wright
Covenant Marriage Turns Five Years Old, Steven L. Nock, Laura Sanchez, Julia C. Wilson, James D. Wright
Michigan Journal of Gender & Law
Part I of this article discusses public policy rationales behind covenant marriage legislation, describes relevant aspects of Louisiana's legislation, and summarizes the efforts of other states to enact covenant marriage legislation. Part II discusses methods of data collection and analysis and identifies the demographic characteristics of covenant married couples as opposed to standard married couples in Louisiana. Part III addresses the dynamics behind couples' choice to have a covenant versus standard marriage. Part IV is an analysis of couples' satisfaction with their marriage option and the gendered dynamics of different levels of satisfaction with the marital choice.
Feminist Lawmaking On-Line: The Fivers Domestic Violence Listserve, Kathleen Waits
Feminist Lawmaking On-Line: The Fivers Domestic Violence Listserve, Kathleen Waits
American University Journal of Gender, Social Policy & the Law
No abstract provided.
International Human Rights Dimensions Of Intimate Violence: Another Strand In The Dialectic Of Feminist Lawmaking, Rhonda Copelon
International Human Rights Dimensions Of Intimate Violence: Another Strand In The Dialectic Of Feminist Lawmaking, Rhonda Copelon
American University Journal of Gender, Social Policy & the Law
No abstract provided.
Family Law, Elizabeth P. Coughter, Ronald R. Tweel
Family Law, Elizabeth P. Coughter, Ronald R. Tweel
University of Richmond Law Review
No abstract provided.
For The Best Of Friends And For Lovers Of All Sorts, A Status Other Than Marriage (Symposium: Unmarried Partners And The Legacy Of Marvin V. Marvin)" , David L. Chambers
For The Best Of Friends And For Lovers Of All Sorts, A Status Other Than Marriage (Symposium: Unmarried Partners And The Legacy Of Marvin V. Marvin)" , David L. Chambers
Articles
American governments have recently begun to experiment with new familial statuses for gay male and lesbian couples, who have demanded the right to marry but have been appeased with more modest forms of recognition.4 What I propose here is quite different. It is a status for people who have close bonds but do not want to be married to each other. I call this status "designated friends." Once registered, "designated friends" would obtain a limited number of privileges and undertake a limited number of responsibilities relating to the care for the other when ill or incapacitated or upon death, but …
Murder By Child Abuse—Who's Responsible After State V. Jackson? , Christine A. Martin
Murder By Child Abuse—Who's Responsible After State V. Jackson? , Christine A. Martin
Seattle University Law Review
Currently, under Washington law, a passive parent is not legally responsible for the death of his or her child from abuse. State v. Jackson is a horrific illustration of the gaps in Washington's law regarding the issue of who is responsible for the death of a child by abuse. Because passive parents should be held responsible for the death of their child from abuse, and because Washington's current laws are inadequate, Washington's legislature should create a special statute that would hold both abusive and passive parents culpable for the death of a child resulting from abuse.
Civilizing The Natives: Marriage In Post-Apartheid South Africa, David L. Chambers
Civilizing The Natives: Marriage In Post-Apartheid South Africa, David L. Chambers
Articles
South Africa is a land of many cultures. For several hundred years, British and Afrikaaner whites controlled the country, systematically manipulating black people to the whites' advantage. For the most part, however, whites tolerated the continuation within black communities of traditional marriage practices that white Christians considered uncivilized. In 1994, South Africa changed governments. A black majority Parliament came to power, adopting a consitution dedicated to equality and human dignity. Four years later, Parliament adopted a new marriage law that, though permitting some of the external trappings of the traditional marriage system to continue, eliminated by law much of the …
The Baker [Baker V. State, 744 A.2d 864 (Vt. 1999)] Case, Civil Unions, And The Recognition Of Our Common Humanity: An Introduction And A Speculation, David L. Chambers
The Baker [Baker V. State, 744 A.2d 864 (Vt. 1999)] Case, Civil Unions, And The Recognition Of Our Common Humanity: An Introduction And A Speculation, David L. Chambers
Articles
Every. Vermonter seems to know about two recent decisions of the Vermont Supreme Court. In the first, the court struck down the system of local financing of public schools. Like similar decisions in many other states, the school financing case led to a struggle in the legislature and difficulties for legislators at election time. In the second and even more controversial decision, the court reached an outcome that no other state supreme court had ever reached: it held unconstitutional the state's marriage law on the ground that it inappropriately denied the legal benefits of marriage to same-sex couples. This decision, …
West Virginia's Adoption Statute: The History Of A Work In Progress, Lisa Kelly
West Virginia's Adoption Statute: The History Of A Work In Progress, Lisa Kelly
West Virginia Law Review
No abstract provided.
University Of Richmond Law Review
University Of Richmond Law Review
University of Richmond Law Review
No abstract provided.
Assesing The Family And Medical Leave Act In Terms Of Gender Equality, Work/Family Balance, And The Needs Of Children, Angie K. Young
Assesing The Family And Medical Leave Act In Terms Of Gender Equality, Work/Family Balance, And The Needs Of Children, Angie K. Young
Michigan Journal of Gender & Law
While recognizing that parental leave is only one aspect of the FMLA, this Article concentrates on the provision allowing leave to parents in order to care for their children. Before analyzing the FMLA in detail, it is helpful to explore what aims a parental-leave policy should have. The purpose of this Article is to propose and defend three goals that parental-leave legislation should strive to meet: equality of career opportunities for men and women, the right to participate in both work and family, and meeting the needs of children. After articulating what parental-leave legislation should aim for in theory, this …
Desegregating The Adoptive Family: In Support Of The Adoption Antidiscrimination Act Of 1955, 30 J. Marshall L. Rev. 593 (1997), Rebecca Varan
Desegregating The Adoptive Family: In Support Of The Adoption Antidiscrimination Act Of 1955, 30 J. Marshall L. Rev. 593 (1997), Rebecca Varan
UIC Law Review
No abstract provided.
Ohio House Bill 419: Increased Openness In Adoption Records Law, Wendy L. Weiss
Ohio House Bill 419: Increased Openness In Adoption Records Law, Wendy L. Weiss
Cleveland State Law Review
Across the country, states have been enacting legislation to provide more information to adoptees about their birth. In 1995, the Ohio legislature passed House Bill 419. The bill will reform Ohio's adoption law, especially in the area of open adoption records. This Note will analyze House Bill 419 amidst the current move toward increased openness and the controversy surrounding this move. First, this Note will examine the history of secrecy in adoption in the United States and in Ohio. Second, it will explain the changes in adoption records enacted by House Bill 419 and the effects of the abortion controversy …
Dutch Uncle Sam: Immigration Reform And Notions Of Family, Lolita Buckner Inniss
Dutch Uncle Sam: Immigration Reform And Notions Of Family, Lolita Buckner Inniss
Publications
No abstract provided.
Polygamy And Same-Sex Marriage, David L. Chambers
Polygamy And Same-Sex Marriage, David L. Chambers
Articles
In the American federal system, state governments bear the responsibility for enacting the laws that define the persons who are permitted to marry. The federal government, throughout our history, has accepted these definitions and built upon them, fixing legal consequences for those who validly marry under state law. Only twice in American history has Congress intervened to reject the determinations that states might make about who can marry. The first occasion was in the late nineteenth century when Congress enacted a series of statutes aimed at the Mormon Church, prohibiting polygamy in the Western territories and punishing the Church and …
Marriage Today: Legal Consequences For Same Sex And Opposite Sex Couples, David L. Chambers
Marriage Today: Legal Consequences For Same Sex And Opposite Sex Couples, David L. Chambers
Articles
Laws that treat married persons in a different manner than they treat single persons permeate nearly every field of social regulation in this country -- taxation, otrts, evidence, social welfare, inheritance, adoption, and on and on.
The Right To Appointed Counsel In Termination Of Parental Rights Proceedings: The State's Response To Lassiter, Rosalie R. Young
The Right To Appointed Counsel In Termination Of Parental Rights Proceedings: The State's Response To Lassiter, Rosalie R. Young
Touro Law Review
No abstract provided.
The Hague Convention On The Civil Aspects Of International Child Abduction: Commencing A Proceeding In New York For The Return Of A Child Abducted From A Foreign Nation, Custody, Background And Purpose Of The Hague Convention,, Stephanie Vullo
Touro Law Review
No abstract provided.
What If? The Legal Consequences Of Marriage And The Legal Needs Of Lesbian And Gay Male Couples, David L. Chambers
What If? The Legal Consequences Of Marriage And The Legal Needs Of Lesbian And Gay Male Couples, David L. Chambers
Articles
Laws that treat married persons in a different manner than they treat single persons permeate nearly every field of social regulation in this country - taxation, torts, evidence, social welfare, inheritance, adoption, and on and on. In this article I inquire into the patterns these laws form and the central benefits and obligations that marriage entails, a task few scholars have undertaken in recent years. I have done so because same-sex couples, a large group not previously eligible to marry under the laws of any American jurisdiction, may be on the brink of securing the opportunity to do so in …
Unemployment Compensation In A Time Of Increasing Work-Family Conflicts, Martin H. Malin
Unemployment Compensation In A Time Of Increasing Work-Family Conflicts, Martin H. Malin
University of Michigan Journal of Law Reform
The demographics of the workplace have changed substantially since the nation's unemployment insurance system was enacted in the 1930s. The number of dual-earner and single-parent families has increased dramatically. Yet, the basic requirements for eligibility for unemployment compensation have not varied much since their initial enactment. In this Article, Professor Malin explores the availability of benefits to individuals who lose their jobs because of conflicts between work and family responsibilities and to unemployed individuals whose family responsibilities restrict the types of jobs that they are able to take. He finds that the states have differed greatly concerning the degree to …