Family Law Commons^™

Tax Issues In Divorce, Marjorie A. O'Connell

William & Mary Annual Tax Conference

No abstract provided.

Whitner V. State: Expanding Child Abuse And Endangerment Laws To Protect Viable Fetuses From Prenatal Substance Abuse, Stephanie Hainer Ojeda

West Virginia Law Review

No abstract provided.

Family Fundamentals, Richard C. Reuben

Faculty Publications

On the surface, ML.B. v. S.L.J., No. 95-853, hardly seems worthy of the nation's highest court, in part because our scheme of federalism generally leaves issues such as child custody to state law. But peeling back the layers of this case reveals the potential for a significant ruling on the constitutional treatment of family relationships, fundamental rights and access to courts for civil proceed with a appeals.

Avocats Et Divorce Aux Etats-Unis: La Transformation Des Pratiques Professionnelles, Lynn M. Mather, Craig A. Mcewen, Richard J. Maiman

Journal Articles

Les transformations sociales et les évolutions juridiques qui sont intervenues aux États-Unis depuis les années 60 ont eu de multiples effets sur le travail des avocats en matière de divorce. Le présent article analyse ces transformations en s'appuyant sur des entretiens avec des avocats et sur l'analyse de l'activité des tribunaux dans les États du Maine et du New Hampshire. Il souligne notamment l'importance que revêt l'accroissement du nombre des divorces parmi les couples ayant des ressources moyennes ou faibles. Il décrit aussi la féminisation rapide du barreau, une tendance qui se trouve particulièrement accentuée en ce qui concerne les …

Domestic Relations, Barry B. Mcgough

Mercer Law Review

The survey period' produced sixty-one appellate decisions. Of that group, fourteen are digested here. The cases included clearly focus on issues of children. Moreover, the Georgia General Assembly tightened-up the child support guidelines and added new teeth for enforcement of support orders. Finally, new legislation prohibiting same sex and common law marriages was enacted.

Nafisi V. Nafisi, Eliezer Goldberg, Aharon Barak, Tova Strasberg-Cohen, Dalia Dorner, Mishael Cheshin, Shlomo Levin, Eliahu Mazza, Tzevi Eliyahu Tal

Translated Opinions

The Petitioner and the Respondent married in Iran, which was their domicile, in 1944. In 1979, the Respondent visited Israel. In the course of his visit, he purchased a store in Tel Aviv, which was registered in his name. In 1983, the couple immigrated to Israel with their five children. Soon after their immigration to Israel, the Respondent opened two bank accounts in his name, and deposited money that he had brought from Iran, in the amount of $320,000. In 1987, a rift developed in the marriage, following which the Petitioner sought a declaratory judgment stating that the store and …

A V. B, Dalia Dorner, Itzchak Zamir, Gavriel Bach, Shlomo Levin, Mishael Cheshin

Translated Opinions

Facts: The appellant and his wife were married for many years but remained childless. The appellant began a relationship with a 15 year-old girl, the first respondent, in order to have a child by her, and she did indeed become pregnant and bear his child. When the child was born, the girl wanted the child to be adopted by a third party, but the appellant wanted to raise the child with his wife.

The main witness in the trial court was Mr Rami Bar-Giora, an expert psychologist, who testified that if the child were raised by the appellant and the …

Preserving Family Unity: The Rights Of Children To Maintain The Companionship Of Their Parents And Remain In Their Country Of Birth, Giovanna I. Wolf

Indiana Journal of Global Legal Studies

No abstract provided.

A Focus On Children And The Law, Aviva A. Orenstein

Articles by Maurer Faculty

No abstract provided.

The Spousal Defense--A Ploy To Escape Payment Or Simple Application Of The Equal Credit Opportunity Act?, Andrea M. Farley

Vanderbilt Law Review

A defaulting spouse may find a powerful and effective defense to a creditor's entry of judgment in the Equal Credit Opportunity Act ("ECOA" or "the Act") and the accompanying federal regulation ("Regulation B"). The defense arises when a married applicant enters a financial institution seeking a loan, and even though the applicant is unquestionably creditworthy, the creditor requires that the applicant's spouse co-sign the loan as a guaranteeing spouse. The financial institution has just violated the ECOA by discriminating against the applicant on account of the applicant's marital status. If the original applicant later defaults on the loan, the creditor …

A Feminist Proposal To Bring Back Common Law Marriage, Cynthia Grant Bowman

Cornell Law Faculty Publications

No abstract provided.

Nahmani V. Nahmani, Tzevi Eliyahu Tal, Dalia Dorner, Eliezer Goldberg, Yaakov Kedmi, Jacob Turkel, Gavriel Bach, Eliahu Mazza, Tova Strasberg-Cohen, Theodor Or, Itzchak Zamir, Aharon Barak

Translated Opinions

Facts: Ruth and Daniel Nahmani, a married couple, were unable to have a child because of an operation that Ruth underwent. They therefore decided to try in-vitro fertilization of Ruth’s ova with Daniel‟s sperm, with a view to implanting the fertilized ova in a surrogate mother. Under Israeli law, surrogacy was not permitted and in-vitro fertilization was only permitted for implantation in the woman from whom the ova were taken. Because of the great expense of the in-vitro fertilization procedure in the United States, the couple petitioned the Supreme Court, sitting as the High Court of Justice, to allow …

Balancing The Adoption Triangle: The State, The Adoptive Parents And The Birth Parents-Where Does The Adoptee Fit In?, Audra Behne

In the Public Interest

No abstract provided.

Divining The Deep And Inscrutable: Toward A Gener-Neutral, Child-Centered Approach To Child Name Change Proceedings, Lisa Kelly

West Virginia Law Review

No abstract provided.

The Cost-Effective Divorce, Oregon Law Institute, Thomas I. Kramer, Wayne E. Harris, Herbert A. Trubo, Gary S. Levitt, Susan Howard Williams, Gary S. Leavitt, Mark M. Mcculloch, Richard G. Helzer, Jay Sickler, Kristena A. Lamar, Elizabeth Welch

Oregon Law Institute, 1996

Course Materials from the July 26, 1996 Program in Portland

China's Eugenics Law As Grounds For Granting Asylum, Graciela Gómez

Washington International Law Journal

China has instituted two controversial population control programs. First instituted in 1979, the One Child Policy seeks to control population growth by limiting the number of children born to married couples. The Maternal and Infant Health Care Law ("Eugenics Law"), effective June of 1995, has a stated purpose of improving the quality of the population by mandating sterilization for people with serious genetic defects. Implementation of the One Child Policy has led to forced abortion and involuntary sterilization. The Eugenics Law is likely to engender similar types of human rights abuses. Since 1989, the U.S. Board of Immigration Appeals has …

Criminal Protection Orders In Domestic Violence Cases: Getting Rid Of Rats With Snakes, Christopher R. Frank

University of Miami Law Review

No abstract provided.

Religious Visitation Constraints On The Noncustodial Parent: The Need For National Application Of A Uniform Compelling Interest Test, Kevin S. Smith

Indiana Law Journal

No abstract provided.

Custody And Conduct: How The Law Fails Lesbian And Gay Parents And Their Children, Julie Shapiro

Indiana Law Journal

No abstract provided.

Spousal Incompetency And The Charter, Hamish Stewart

Osgoode Hall Law Journal

This article considers the effect of the Canadian Charter of Rights and Freedoms on the rule of spousal incompetency in criminal proceedings. The rule is arguably under-inclusive, in that it is not available to protect opposite-sex couples who are not legally married or same-sex couples; on the other hand, the rule is arguably offensive to the modem conception of marriage. The Charter arguments for each of these positions are considered, and it is submitted that the Charter requires the rule of spousal incompetency, whatever it is, to apply equally to legally married couples, to cohabitants, and to same-sex couples. A …

The Road Less Taken: Annulment At The Turn Of The Century, Chris Guthrie, Joanna Grossman

Vanderbilt Law School Faculty Publications

It is hardly surprising that certain legal institutions--adoption, wills, and guardianship--have lasted through the centuries. Each meets a different, seemingly timeless need: providing parenting for orphans or abandoned children, distributing property at death, and dealing with legal incapacity, respectively. Similarly, divorce, though it appeared somewhat later, took hold and persisted for an obvious reason-the increasing demand for a legally sanctioned way to terminate broken marriages. The endurance of annulment, however, particularly in the face of increasingly liberalized divorce laws, defies easy explanation. The existence of annulment prior to the mid-nineteenth century is easily explained. Until 1857, England was a "divorceless …

Brief Of Intervenor, Women’S Legal Education And Action Fund (Leaf), Goertz V. Gordon, Laura Spitz

Faculty Scholarship

Historically, women have been almost exclusively responsible for the unpaid labour of child care with the assumption of primary child care responsibilities after separation. The courts must analyze each situation to determine whether a joint custody arrangement, in law, is in fact true equal parenting, in roles and responsibilities, or one more akin to sole custody when considering relocation restrictions.

When Irish Eyes Aren't Smiling-Legalizing Divorce In Ireland, Anna Margaret Mcdonough

Penn State International Law Review (1982 - 2011)

No abstract provided.

Reading Casey: Structuring The Woman's Decisionmaking Process, Robert D. Goldstein

William & Mary Bill of Rights Journal

In this Article, Professor Goldstein argues that the primary concerns of Planned Parenthood v. Casey's joint opinion were expressive, not regulatory, in nature: to allow the state more leeway to structure the woman's decisionmaking process and to engage in its own speech regarding her exercise of her procreative choice. To this end, he identifies three models by which the state can engage in such structuring: the autonomy informed consent model, the dialogical model, and the government speech model. He then analyzes Casey in light of each model to understand what limits Casey places on state abortion regulation. He also develops …

Child Support In North Carolina: What Is The State Of The Law And How Did We Get Here, Lisa Dukelow

North Carolina Central Law Review

No abstract provided.

Breaking Up A Family Or Putting It Back Together Again: Refining The Preference In Favor Of The Parent In Third-Party Custody Cases, Carolyn Wilkes Kaas

William & Mary Law Review

No abstract provided.

For Better Or Worse: The Federalization Of Domestic Violence, Michelle W. Easterling

West Virginia Law Review

No abstract provided.

Guardians: A Research Note, Chris Guthrie, Lawrence M. Friedman, Joanna L. Grossman

Vanderbilt Law School Faculty Publications

Guardianship goes back quite far in legal history; it has been a feature of American law since the colonial period. Something like guardianship is a necessity in a system that recognizes private ownership of property, while dividing the world into those who are, and those who are not, sui juris-that is, fully capable of acting on their own. The boundaries between these two domains can be quite indistinct. Defining who is insane or incompetent can be especially problematic because these categories are socially and culturally variable. Most people committed in 1900, for example, would hardly be considered insane today; they …

People V. Bennett: Analytic Approaches To Recognizing A Fundamental Parental Right Under The Ninth Amendment, Daniel E. Witte

BYU Law Review

No abstract provided.

Has Time Rewritten Every Line?: Recovered-Memory Therapy And The Potential Expansion Of Psychotherapist Liability, Jeffrey A. Mullins

Washington and Lee Law Review

No abstract provided.