Family Law Commons^™

A Feminist View Of American Elder Law, Rebecca Korzec

All Faculty Scholarship

ANY discussion of contemporary American elder law must consider gender issues. A number of gender concerns are readily discernible, including workplace and family issues. Significantly, sex-based disparities are increasing within the elderly population. In turn, these disparities exacerbate problems of fairness and equity in meeting intergenerational family needs and expectations.

As with childrearing, in contemporary American society, the major caregiving responsibility for the growing number of frail elderly falls largely on women rather than men. With an increasing number of women working outside the family home, the intersection of work and family issues is receiving considerable attention both in academic …

Taking Care Of Our Daughters, A Book Review Of Martha Fineman, The Neutered Mother, The Sexual Family And Other Twentieth Century Tragedies, Katharine K. Baker

All Faculty Scholarship

No abstract provided.

Working On The "Mommy-Track": Motherhood And Women Lawyers, Rebecca Korzec

All Faculty Scholarship

This Article examines the effects of motherhood on the careers of women lawyers and the efficacy of the 'mommy-track' as a means of ameliorating these effects. Part I examines the current position of women in the legal profession. Part II examines the nature of 'motherhood' and the risk/benefit function of 'mommy-tracking.' Part III analyzes the 'mommy-track' from the perspective of feminist jurisprudence. Finally, Part IV examines issues related to workplace transformation. It is the position of this paper that 'mommy-tracking' reinforces undesirable stereotypes. Ironically, this apparent 'solution' actually forestalls the transformations, at home and at work, which could enable women …

Myths And Moms: Images Of Women And Termination Of Parental Rights, Odeana R. Neal

All Faculty Scholarship

For most of us, the word "mother" evokes a myriad of often conflicting images and emotions, expectations and disappointments, and gratitude and blame. What a mother is - our own mothers and the class of people who are mothers - means much more than that a woman has given birth. We expect mothers to provide their children with all the love, caring, nurturing, and emotional fulfillment that we perceive those children need and desire; we expect her to be all things that we want her to be when we need her to be them. A woman who can fulfill the …

Legal Protection For Victims Of Domestic Violence: A Guide For The Treating Physician, Jane C. Murphy

All Faculty Scholarship

No abstract provided.

Child Support In Maryland: Time For Change?, Barbara A. Babb

All Faculty Scholarship

No abstract provided.

Lawyering For Social Change: The Power Of The Narrative In Domestic Violence Law Reform, Jane C. Murphy

All Faculty Scholarship

The role of the narrative or story in legal discourse has been explored and developed in legal scholarship over the last several years. The goals of the various calls for more storytelling in the legal context vary. They generally relate, however, to a desire to move away from exclusive reliance on abstract legal argumentation to persuade. The goals of ‘storytellers‘ are also linked to furthering an understanding of the dynamics of oppression based on race or gender, or both.

The judicial and legislative processes have always included a narrative component. Clinical legal scholarship has also explored the critical role of …

Access To Legal Remedies. The Crisis In Family Law, Jane C. Murphy

All Faculty Scholarship

Lack of access to the courts to resolve domestic disputes is a national problem which deserves the attention of both family law scholars and practitioners. Family law scholars have exhaustively critiqued both the substantive and procedural law governing dissolution proceedings. This analysis of rules and standards, however, is rarely conducted with the explicit goal of maximizing access to the courts for people of low and moderate income. This paper begins by assessing the dimensions of the problem through an explanation of the existing domestic legal needs studies. This paper also presents a case study of a typical multi-issue domestic case …

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 …

Domestic Violence Law Poses Challenges For The Courts, Jane C. Murphy, Judith Wolfer

All Faculty Scholarship

No abstract provided.

A Family Court For Maryland: The Time Has Come, Barbara A. Babb

All Faculty Scholarship

No abstract provided.

A Tale Of Two Religions: A Contractual Approach To Religion As A Factor In Child Custody And Visitation Disputes, Rebecca Korzec

All Faculty Scholarship

This article focuses on the role of religious conflict between parents in determining child custody and visitation disputes. It suggests a framework for reconciling parental control over religious observance and training with the state's duty to protect the child's best interests. First, it examines the history of English and American child custody law and analyzes modern custody cases in which religion is a factor. Next, it addresses the alarming recent attempt by courts to resolve religious disputes with a shared custody approach, awarding 'spiritual custody' to one parent and 'physical custody' to the other. Finally, this article proposes a contractual …

Eroding The Myth Of Discretionary Justice In Family Law: The Child Support Experiment, Jane C. Murphy

All Faculty Scholarship

Reliance on judicial discretion to resolve disputes is one of the most fundamental characteristics of the American legal system. Nowhere have judges exercised more unfettered discretion than in family law. Judicial discretion in this area, however, is not without its critics. In this Article Professor Jane Murphy recommends limiting the use of judicial discretion in family law matters. Professor Murphy argues that the lack of predictability which flows from discretionary decisions undermines our confidence in the equity of decisions and encourages protracted litigation.

Professor Murphy reviews the developing consensus that fixed rules are necessary to guide judges' discretion in divorce …

Comment, Contracting For Security: Paying Married Women What They've Earned, Katharine K. Baker

All Faculty Scholarship

No abstract provided.

Abortion Reform, Richard D. Lamm, Steven A.G. Davison

All Faculty Scholarship

No abstract provided.