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Articles 91 - 120 of 221
Full-Text Articles in Family Law
A Look Back And A Look Forward: Legislative And Regulatory Highlights For 2008 And 2009 And A Discussion Of Juvenile Transfer, Andrew K. Block
A Look Back And A Look Forward: Legislative And Regulatory Highlights For 2008 And 2009 And A Discussion Of Juvenile Transfer, Andrew K. Block
University of Richmond Law Review
No abstract provided.
Dividing Lives: How Deporting Legal And Illegal Immigrants With United States-Born Children Is Separating Families And Why United States And International Laws Are Failing Families, Anna-Liisa Jacobson
Dividing Lives: How Deporting Legal And Illegal Immigrants With United States-Born Children Is Separating Families And Why United States And International Laws Are Failing Families, Anna-Liisa Jacobson
Richmond Journal of Law and the Public Interest
This Article explores the current immigration laws causing mixed immigration status families to become separated and analyzes what the role of the United States government should be in solving this crisis. Part II discusses the current crisis occurring when families are separated due to factors such as deportation. Part III analyzes the changes brought by the Illegal Immigration Reform and Immigrant Responsibility Act of 1996 ("IIRIRA") and how these changes have negatively impacted immigrant families. Part IV examines the increasing number of deportations due to changes in the penalties for crimes committed by immigrants. Part V explores the legal protections …
Dividing Lives: How Deporting Legal And Illegal Immigrants With United States-Born Children Is Separating Families And Why United States And International Laws Are Failing Families, Anna-Liisa Jacobson
Dividing Lives: How Deporting Legal And Illegal Immigrants With United States-Born Children Is Separating Families And Why United States And International Laws Are Failing Families, Anna-Liisa Jacobson
Richmond Public Interest Law Review
This Article explores the current immigration laws causing mixed immigration status families to become separated and analyzes what the role of the United States government should be in solving this crisis. Part II discusses the current crisis occurring when families are separated due to factors such as deportation. Part III analyzes the changes brought by the Illegal Immigration Reform and Immigrant Responsibility Act of 1996 ("IIRIRA") and how these changes have negatively impacted immigrant families. Part IV examines the increasing number of deportations due to changes in the penalties for crimes committed by immigrants. Part V explores the legal protections …
New Options For Child Support Payments, Sue K. Varon, Jennifer Varon
New Options For Child Support Payments, Sue K. Varon, Jennifer Varon
Richmond Public Interest Law Review
Non-custodial parents pay child support in a variety of ways. Divorced parents should be provided with all possible options for making these payments. Some new options have emerged both in the public and private sectors.
Adopting A New Approach To Medical Information For Adoptees, Jessica Marie Yoke
Adopting A New Approach To Medical Information For Adoptees, Jessica Marie Yoke
Richmond Public Interest Law Review
Some estimates indicate that at least six million adoptees lived in the United States in 1997. "After factoring in birth parents and adoptive parents for each adoptee, the number of persons directly affected by the adoption process grows to over [twenty-four million] persons." States conducted many of these adoptions privately, particularly those that did not occur recently, so the parties remain anonymous to one another. Thus, an enormous number of Americans are now struggling in a system built on antiquated law that is not very useful, and in fact might be harmful. This Comment proposes a solution to this overlooked …
Clients Aging Out Of Care, Dale Margolin Cecka
Clients Aging Out Of Care, Dale Margolin Cecka
Law Faculty Publications
Youth aging out of foster care face an arduous road. Lawyers for foster youth must help to assure their safe and stable exit from the system and a comfortable transition into the next stage of their lives. Lawyers cannot rely on social service agencies and caseworkers to handle the myriad of issues that youth encounter, and many require court orders or other legal measures.
New Options For Child Support Payments, Sue K. Varon, Jennifer Varon
New Options For Child Support Payments, Sue K. Varon, Jennifer Varon
Richmond Journal of Law and the Public Interest
Non-custodial parents pay child support in a variety of ways. Divorced parents should be provided with all possible options for making these payments. Some new options have emerged both in the public and private sectors.
Adopting A New Approach To Medical Information For Adoptees, Jessica Marie Yoke
Adopting A New Approach To Medical Information For Adoptees, Jessica Marie Yoke
Richmond Journal of Law and the Public Interest
Some estimates indicate that at least six million adoptees lived in the United States in 1997. "After factoring in birth parents and adoptive parents for each adoptee, the number of persons directly affected by the adoption process grows to over [twenty-four million] persons." States conducted many of these adoptions privately, particularly those that did not occur recently, so the parties remain anonymous to one another. Thus, an enormous number of Americans are now struggling in a system built on antiquated law that is not very useful, and in fact might be harmful. This Comment proposes a solution to this overlooked …
Is The Family A Federal Question?, Meredith Johnson Harbach
Is The Family A Federal Question?, Meredith Johnson Harbach
Law Faculty Publications
There has long been conflict over the relationship between the states and the federal system vis-i-vis the family. The traditional account of domestic relations describes family law as the exclusive domain of the states, and federal courts have credited this account in the "domestic relations exception." Although scholars have analyzed and critiqued the exception's applicability to diversity jurisdiction, the intersection of federal question jurisdiction and this exception remains largely unexplored. This Article describes and critiques, on both instrumental and deeper normative terms, federal courts' willingness to expand the "domestic relations exception" to include federal question cases. The Article proceeds in …
Marriage And Divorce: Legal Foundations, Azizah Y. Al-Hibri
Marriage And Divorce: Legal Foundations, Azizah Y. Al-Hibri
Law Faculty Publications
A six-volume work, this set constitutes a major revision and massive expansion of the 1995 Oxford Encyclopedia of the Modern Islamic World. In addition to covering Islamic societies in the modern world from the eighteenth century to the present, as the earlier four-volume set did, it will add a depth of historical background going back to the pre- Islamic era. The new reference also covers the full geographical extent of Islam by focusing not only on the countries in which Islam is dominant, but also on regions in which Muslims live as minorities, such as Europe and the Americas.
Labor, Luck, And Love: Reconsidering The Sanctity Of Separate Property, Shari Motro
Labor, Luck, And Love: Reconsidering The Sanctity Of Separate Property, Shari Motro
Law Faculty Publications
This Article proposes a new alternative to the labor-centered marital property rule. Instead of focusing on how property was acquired, marital property law should look to spouses' overall financial resources and require them to share these resources to the extent they shape their identities during the marriage. Financial capability affects some of the most fundamental aspects of our lives-our health, our education, our work, the neighborhood in which we live. Marriages in which these aspects of spouses' identities are kept separate strike us as jarring. Imagine a husband and wife who sleep in the same bed, under the same roof, …
Seeking Shelter In Tough Times: Securing Housing For Youth Who Age Out Of Foster Care, Dale Margolin Cecka
Seeking Shelter In Tough Times: Securing Housing For Youth Who Age Out Of Foster Care, Dale Margolin Cecka
Law Faculty Publications
Across the country, everyone is talking about a "housing crisis." For youth who age out of foster care, just finding a place to sleep each night is always a struggle. We know that nationally, 54% of recently aged-out youth are homeless or unstably housed. In addition, these youth face higher rates of unemployment, undereducation, teen pregnancy, and incarceration. In the last few years, lawmakers, advocates, and child welfare practitioners have finally started paying attention to adolescents discharged from foster care. This article focuses on laws and programs that target housing issues facing youth aging out of foster care. It also …
Opening Remarks To “No Place To Live: The Housing Crisis Facing Youth Aging-Out Of Foster Care,” A National Symposium Hosted By The Child Advocacy Clinic Of St. John’S School Of Law, March 28, 2008, Dale Margolin Cecka
Law Faculty Publications
Across the country, everyone is talking about a “housing crisis.” For youth who age out of foster care, just finding a place to sleep each night is a struggle. We know that nationally, 54% of recently aged-out youth are homeless or unstably housed. In addition, these youth face higher rates of unemployment, under-education, teen pregnancy, and incarceration. We are gathered here today to address the unique and dire housing needs of youth aging of foster care. I would usually begin a Symposium like this with a story of a young person’s plight, an illustration of the injustices this population faces. …
Family And Juvenile Law, Lynne Marie Kohn
Family And Juvenile Law, Lynne Marie Kohn
University of Richmond Law Review
No abstract provided.
Increasing Safety For Battered Women And Their Children: Creating A Privilege For Supervised Visitation Intake Records, Nat Stern, Karen Oehme
Increasing Safety For Battered Women And Their Children: Creating A Privilege For Supervised Visitation Intake Records, Nat Stern, Karen Oehme
University of Richmond Law Review
No abstract provided.
What You Should Know Before You Leave The System, Dale Margolin Cecka
What You Should Know Before You Leave The System, Dale Margolin Cecka
Law Faculty Publications
Discharging young people from foster care with no place to go, no source of income, and no health insurance is not just wrong-it's illegal. Although every state's laws are different, all states have an obligation to make sure you are able to live on your own before forcing you to leave the foster care system. In New York, you can remain in foster care until you are 21. However, once you turn 18, you must agree to remain in care by either signing an agreement or telling the judge in court that you want to stay in care. You cannot …
No Chance To Prove Themselves: The Rights Of Mentally Disabled Parents Under The Americans With Disabilities Act And State Law, Dale Margolin Cecka
No Chance To Prove Themselves: The Rights Of Mentally Disabled Parents Under The Americans With Disabilities Act And State Law, Dale Margolin Cecka
Law Faculty Publications
This article explores the relationship between state child welfare laws that terminate parental rights and the federal Americans with Disabilities Act (ADA). The article begins by analyzing the application of the ADA to termination of parental rights proceedings against parents with mental disabilities. It then surveys state child welfare laws, focusing on the treatment of parents under New York State law. The article concludes by advocating for a change to reflect the principles of the ADA in state laws and in practice.
Family And Juvenile Law, Robert E. Shepherd Jr.
Family And Juvenile Law, Robert E. Shepherd Jr.
University of Richmond Law Review
No abstract provided.
Love Doesn't Pay: The Fiction Of Marriage Rights In The Workplace, James A. Sonne
Love Doesn't Pay: The Fiction Of Marriage Rights In The Workplace, James A. Sonne
University of Richmond Law Review
No abstract provided.
Community Plans To Address Domestic Violence: An Overview Of Domestic Violence Within The Context Of Family And Community Violence, Rhonda Vickery Impink
Community Plans To Address Domestic Violence: An Overview Of Domestic Violence Within The Context Of Family And Community Violence, Rhonda Vickery Impink
Richmond Public Interest Law Review
The purpose of this article is to review the various conceptual components of the issue of domestic violence by first explicating the numerous challenges to understanding the complexity of this issue. The societal costs from domestic violence within the broader purview of sexual assault, family violence and other violence in the community are described, as well as the challenges of developing community collaboration initiatives to comprehensively address family violence. Highlights are presented from a process evaluation from one community's efforts to develop a community plan for a comprehensive and collaborative family violence approach that encompasses governmental, for-profit and nonprofit sectors. …
Undeserving Heirs?--The Case Of The "Terminated" Parent, Richard Lewis Brown
Undeserving Heirs?--The Case Of The "Terminated" Parent, Richard Lewis Brown
University of Richmond Law Review
Every state has an intestate succession statute that prescribes how the property of those who die without a will should be distributed. Every state also by statute authorizes the government to intervene in the parent-child relationship in the most draconian manner possible by involuntarily terminating parental rights. This article explores how the law functions at the intersection of these two statutory schemes-the inheritance regime, as expressed through intestate succession statutes, and the child welfare regime, as expressed through termination of parental rights statutes ("TPR statutes").
Community Plans To Address Domestic Violence: An Overview Of Domestic Violence Within The Context Of Family And Community Violence, Rhonda Vickery Impink
Community Plans To Address Domestic Violence: An Overview Of Domestic Violence Within The Context Of Family And Community Violence, Rhonda Vickery Impink
Richmond Journal of Law and the Public Interest
The purpose of this article is to review the various conceptual components of the issue of domestic violence by first explicating the numerous challenges to understanding the complexity of this issue. The societal costs from domestic violence within the broader purview of sexual assault, family violence and other violence in the community are described, as well as the challenges of developing community collaboration initiatives to comprehensively address family violence. Highlights are presented from a process evaluation from one community's efforts to develop a community plan for a comprehensive and collaborative family violence approach that encompasses governmental, for-profit and nonprofit sectors. …
Marriage And Some Troubling Issues With No-Fault Divorce, Peter N. Swisher
Marriage And Some Troubling Issues With No-Fault Divorce, Peter N. Swisher
Law Faculty Publications
The purpose of this Article is to challenge these erroneous assumptions, that fault is "no longer an issue" in modem American divorce law, and that a spouse on divorce should not be compensated for his or her non-economic contributions to the marriage and to the well-being of the family.
Family And Juvenile Law, Robert E. Shepherd Jr.
Family And Juvenile Law, Robert E. Shepherd Jr.
University of Richmond Law Review
No abstract provided.
Untying The Knot: An Analysis Of The English Divorce And Matrimonial Causes Court Records, 1858-1966, Danaya C. Wright
Untying The Knot: An Analysis Of The English Divorce And Matrimonial Causes Court Records, 1858-1966, Danaya C. Wright
University of Richmond Law Review
No abstract provided.
An Islamic Perspective On Domestic Violence, Azizah Y. Al-Hibri
An Islamic Perspective On Domestic Violence, Azizah Y. Al-Hibri
Law Faculty Publications
In this Article, the author addresses the traditional Islamic view of domestic violence. To understand the Islamic perspective on domestic violence, the author will explore the Islamic view of gender relations, especially within the family. This view is rooted in the Qur'an, which is examined in this Article.
Wills, Trusts, And Estates, J. Rodney Johnson
Wills, Trusts, And Estates, J. Rodney Johnson
University of Richmond Law Review
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.
Incentives For Hiring Welfare-To-Work Participants, Mary L. Heen
Incentives For Hiring Welfare-To-Work Participants, Mary L. Heen
Law Faculty Publications
The Job Creation and Worker Assistance Act of 2002, signed into law by President Bush on March 9th, extends the Work Opportunity Tax Credit (WOTC) and the Welfare-to-Work Tax Credit (WtW) for two more years. The credits provide employers with tax incentives to hire former long-term welfare recipients and certain other economically disadvantaged workers, a goal that comports with the welfare-to-work focus of welfare reform legislation adopted by Congress in 1996. This article describes these employer tax credits, explains how they have evolved from prior versions of similar targeted tax credits, and considers their operation as tax-delivered subsidies.
Denied Visitation, Its Impact On Children's Psychological Adjustment, And A Nationwide Review Of State Code, Adrienne E. Volenik
Denied Visitation, Its Impact On Children's Psychological Adjustment, And A Nationwide Review Of State Code, Adrienne E. Volenik
Law Faculty Publications
Denied visitation occurs when one parent prevents the other parent from court mandated visitation allowances with the child. This complex issue affects many families of divorce, but unfortunately is an understudied topic. Additionally, the literature that is available on denied visitation suffers from methodological challenges that are inherent to the complexity of the subject. Denied visitation is not a homogeneous event, but one that is conceptualized into two major categories: appropriate (i.e., concerning safety of the child) and inappropriate (i.e., involving interparent hostility). These two types of denied visitation are further divided into subcategories based on a review of the …