Family Law Commons^™

State-Compelled Fetal Surgery: The Viability Test Is Not Viable, Krista L. Newkirk

William & Mary Journal of Race, Gender, and Social Justice

No abstract provided.

Improving Custody Law In Virginia Without Creating A Rebuttable Presumption Of Joint Custody, Eliza B. Hutchison

William & Mary Journal of Race, Gender, and Social Justice

No abstract provided.

The New Marriage Contract And The Limits Of Private Ordering, Gregory S. Alexander

Cornell Law Faculty Publications

No abstract provided.

Where We Stand: An Analysis Of America's Family Law Adjudicatory Systems And The Mandate To Establish Unified Family Courts, Barbara A. Babb

All Faculty Scholarship

The volume and scope of family law cases in contemporary American society, as well as their unending nature both individually and systemically, exacerbate the difficulty of their resolution. To address this crisis, the American Bar Association and others have recommended court reform, specifically, the establishment of unified family courts in all jurisdictions. A unified family court is a single forum within which to adjudicate the full range of family law issues, based on the notion that court effectiveness and efficiency increase when the court resolves a family's legal problems in as few appearances as possible. The model is based on …

Playing The Loving Card: Same-Sex Marriage And The Politics Of Analogy, David Orgon Coolidge

Brigham Young University Journal of Public Law

No abstract provided.

From Loving To Romer: Homosexual Marriage And Moral Discernment, Richard F. Duncan

Brigham Young University Journal of Public Law

No abstract provided.

Will New York Recognize Same-Sex Marriage?: An Analysis Of The Conflict-Of-Laws' Public Policy Exception, Todd C. Hilbig

Brigham Young University Journal of Public Law

No abstract provided.

Beyond Baehr: Strengthening The Definition Of Marriage, Katherine Shaw Spaht

Brigham Young University Journal of Public Law

No abstract provided.

Liberty And Marriage - Baehr And Beyond: Due Process In 1998, Lynn Marie Kohm

Brigham Young University Journal of Public Law

No abstract provided.

Fashioning An Interdisciplinary Framework For Court Reform In Family Law: A Blueprint To Construct A Unified Family Court, Barbara A. Babb

All Faculty Scholarship

Family law cases focus on some of the most intimate, emotional, and all-encompassing aspects of parties' personal lives. Based on its study of unmet legal needs of children and their families, the American Bar Association has recommended the establishment of unified family courts in all jurisdictions. This article evaluates how America's courts adjudicate family law matters and advocates systemic change by offering an interdisciplinary ecological and therapeutic approach to the creation of unified family courts. The author presents a comprehensive overview of the results of her nationwide survey determining how each state's courts handle family law matters. The results of …

Blood Ties: A Rationale For Child Visitation By Legal Strangers, John Dewitt Gregory

Washington and Lee Law Review

No abstract provided.

"The New Yuppie Female Lawyer": The Impact Of Women On Divorce Law Practice, Lynn M. Mather

Other Scholarship

No abstract provided.

Assembly Bill To Speed Divorce After Abuse Will Save Many Lives, Bring Needed Reform, Jane C. Murphy

All Faculty Scholarship

No abstract provided.

Property Rules Meet Feminist Needs: Respecting Autonomy By Valuing Connection, Katharine K. Baker

All Faculty Scholarship

No abstract provided.

Mothers Who Kill Their Children, Stuart S. Gordan

Circles: Buffalo Women's Journal of Law and Social Policy

No abstract provided.

Confronting Domestic Violence In Poland, Erin Barclay

Circles: Buffalo Women's Journal of Law and Social Policy

No abstract provided.

Commercializing Marriage: A Proposal For Valuing Women's Work Through Premarital Security Agreements, Martha M. Ertman

Faculty Scholarship

No abstract provided.

Reconstructing Marriage: An Intersexional Approach, Martha M. Ertman

Faculty Scholarship

No abstract provided.

"O Wind, Remind Him That I Have No Child": Infertility And Feminist Jurisprudence, Linda J. Lacey

Michigan Journal of Gender & Law

Feminists have constructed a "grand theory" of infertility and new reproductive techniques that has little to do with reality. Much of the discussion of reproductive technology is written in highly abstract, philosophical terms, rather than in the more experiential, narrative style which characterizes much of feminist jurisprudence. The infertile woman is generally voiceless and invisible in the telling of this story; when she does appear she is dismissed or criticized. This Article is an attempt to begin dialogue which incorporates her perspective into the discussion.

"Toward A Contractarian Account Of Family Governance", Marsha Garrison

Faculty Scholarship

No abstract provided.

Autonomy Or Community? An Evaluation Of Two Models Of Parental Obligation, Marsha Garrison

Faculty Scholarship

No abstract provided.

Deconstructing Children's Rights And Reimagining Children's Needs: A Gender, Race, And Class Analysis Of Infanticide, Beverly Horsburgh

St. Thomas Law Review

No abstract provided.

The Morality Of Choice: Estate Planning And The Client Who Chooses Not To Choose, Janet L. Dolgin

Seattle University Law Review

The Symposium focuses around two hypotheticals. The question posed about each-whether it is ethical for an estate lawyer to represent spouses, one of whom chooses subservience to the interests of the other-provokes discussion of a broad set of concerns about the scope and meaning of the contemporary family, and about the appropriate parameters of legal representation of family members.

Representing Families Affected By Hiv/Aids: How The Proposed Federal Standby Guardianship Act Facilitates Future Planning In The Best Interests Of The Child And Family, Kelly C. Rozmus

American University Journal of Gender, Social Policy & the Law

No abstract provided.

Brief Amicus Curiae Of Ohio Psychological Association, National Association Of Social Workers And Ohio Chapter, American Academy Of Child And Adolescent Psychiatry, Ohio Human Rights Bar Association And The Lesbian/Gay Community Service Center Of Greater Cleveland In Support Of Appellants, In Re Adoption Of Jane Doe, Ohio Ninth District Case No. 19017, Susan J. Becker

Law Faculty Briefs and Court Documents

I. THE BEST INTERESTS OF CHILDREN ARE PROMOTED BY ALLOWING UNMARKED COUPLES TO BE ABLE TO PETITION TO ADOPT CHILDREN.

II. CHILDREN RAISED BY GAY AND LESBIAN PARENTS ARE AS HAPPY AND HEALTHY AS OTHER CHILDREN AND ARE NOT ADVERSELY AFFECTED BY THEIR PARENTS' SEXUAL ORIENTATION.

III. SECURING A HAPPY AND STABLE HOME LIFE FOR THE CHILD, NOT FALSE ASSUMPTIONS ABOUT LESBIAN AND GAY FAMILIES, SHOULD BE THE COURT'S DETERMINING CONSIDERATION.

Contested Adoption And The Liberty Interest Of The Child, Marcus T. Boccaccini, Eleanor Willlemsen

St. Thomas Law Review

The Supreme Court of the United States has gone to significant lengths to outline an unwed father's rights in adoption cases, but has yet to address the child's rights in similar cases. It is these constitutionally protected rights, which are usually referred to as "liberty interests," that will be discussed in this Article.

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 …

Foreword To Symposium On "Should The Family Be Represented As An Entity?": Reexamining The Family Values Of Legal Ethics, Russell G. Pearce

Seattle University Law Review

This symposium on whether the family should be represented as an entity marks another milestone in the development of legal ethics as a field central to understanding the operation of law in our society, and not merely as a set of dry, largely irrelevant rules. It does so by acknowledging that ethical rules of lawyers who represent families have very real consequences for those families. Building on earlier efforts to address this topic, this symposium's authors confront what some commentators have described as the individualist impulse of the ethics codes and whether this impulse is beneficial or harmful to families.

The Power Of Narrative: Listening To The Initial Client Interview, Raven Lidman

Seattle University Law Review

As I thought about the hypothetical situations posed for consideration by this symposium, I envisioned distinct individuals in context, speaking particular words. I decided to write the initial consultation out as a dialogue to see what happened to the ideas and the interactions as these three, the lawyer, husband, and wife, explored them. I, thus, chose to turn a hypothetical into a real situation. By selecting this format, I was only able to focus on the first hypothetical. This one was perhaps the most challenging for me personally. As a feminist and a family law lawyer, I have struggled and …

Love Among The Ruins: The Ethics Of Counseling Happily Married Couples, Teresa Stanton Collett

Seattle University Law Review

This Article explores the professional tension experienced by lawyers when clients embrace an ideal of marriage as "the two shall become as one," in a legal system that has repudiated this understanding in favor of the "reality" of marriage as an association dedicated to the individual fulfillment of the man and woman involved. Part II describes the three purposes of estate planning that define the parameters of any proposed representation. Estate planning lawyers assist clients in minimizing taxes, directing gifts to particular beneficiaries, and insuring the continuing care of loved ones. The decision to accept or reject proposed representation often …