Family Law Commons^™

The Reawakening Of Marriage, Raymond C. O'Brien

West Virginia Law Review

No abstract provided.

From Property To Personhood: What The Legal System Should Do For Children In Family Violence Cases, Leigh Goodmark

West Virginia Law Review

No abstract provided.

Pondering Past Purposes: A Critical History Of American Adoption Law, David Ray Papke

West Virginia Law Review

No abstract provided.

Changing The Law In Child Abuse And Neglect Proceedings: An Improvement On Improvement Periods, Morgan E. Persinger

West Virginia Law Review

No abstract provided.

Suffer The Little Children: Justifying Same-Sex Marriage From The Perspective Of A Child Of The Union, Lewis A. Silverman

West Virginia Law Review

No abstract provided.

Domestic Relations, Barry B. Mcgough, Gregory R. Miller

Mercer Law Review

Of the domestic relations cases decided by the Georgia Supreme Court and the Georgia Court of Appeals during the survey period, twenty-seven are digested here. Possibly the most notable events of the survey period were pieces of legislation that were not enacted. A bill to restore direct appeals for certain domestic relations cases did not make it to the Governor's desk, and the Governor vetoed a bill that would have required trial judges hearing custody cases to consider the custodial elections of children between the ages of twelve and fourteen. While the Georgia General Assembly otherwise focused on ways to …

Unity, Sovereignty, And The Interstate Recognition Of Marriage, Mark Strasser

West Virginia Law Review

No abstract provided.

Brief Amicus Curiae Of The Society Of Catholic Social Scientists In Support Of Respondent, Stephen M. Krason, Richard W. Garnett

Court Briefs

No. 99-138
Jenifer Troxel v. Tommie Granville

On Writ Of Certiorari To The Supreme Court Of Washington

From the Summary of the Argument

The fundamental rights of parents to direct and control the upbringing of their children and the autonomy of the family have been recognized time and again by this Court. These rights and this autonomy are not creatures of positive law, but are grounded in the natural moral order. The family is the "building block" of civil society and has as its natural end, or telos, the nurturing and development of flourishing human persons and good citizens. …

Amin V. Amin, Izhak Englard, Theodor Or, Itzchak Zamir

Translated Opinions

Facts: Three children, orphaned of their mother, were emotionally abandoned by their father, who refused all contact with them. The emotional neglect caused them severe psychological damage that continues to impede on their adult lives. The children sued their father in tort for emotional damage and won at the district court. The father appealed.

Held: The father’s severe emotional neglect of his children breached his duties under the Legal Capacity law, which, inter alia, requires parents to provide for the educational needs of their children. Education includes equipping children with the basic life skills. A parent must act for the …

China's Newly Enacted Intercountry Adoption Law: Friend Or Foe?, Crystal J. Gates

Indiana Journal of Global Legal Studies

No abstract provided.

Working Toward A Global Discourse On Children's Rights: The Problem Of Unaccompanied Children And The International Response To Their Plight, Crystal J. Gates

Indiana Journal of Global Legal Studies

No abstract provided.

The Tragic And Chaotic Aftermath Of A Baby Switch: Should Policy And Common Law, Blood Ties, Or Psychological Bonds Prevail, Cynthia R. Mabry

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

No abstract provided.

Women's Freedom To Contract At Divorce: A Mask For Contextual Coercion, Penelope Eileen Bryan

Buffalo Law Review

No abstract provided.

Challenging The Parent-Child-State Triangle In Public Family Law: The Importance Of Private Providers In The Dependency System, Susan Vivian Mangold

Buffalo Law Review

No abstract provided.

What Is A "Meretricious Relationship"?: An Analysis Of Cohabitant Property Rights Under Connell V. Francisco, Gavin M. Parr

Washington Law Review

In the 1995 case Connell v. Francisco, the Supreme Court of Washington adopted an innovative and groundbreaking rule to resolve the property rights of cohabitants upon separation. After Connell, upon termination of a "meretricious relationship," a trial court must perform a just and equitable distribution of the property acquired during the relationship that would have been community property had the parties been married. In adopting this rule, the supreme court sought to resolve property rights arising out of cohabitation in a predictable and equitable manner while maintaining the distinction between marriage and cohabitation. Unfortunately, the meretricious relationship fiction the …

Children's Interests In A Family Context - A Cautionary Note, James G. Dwyer

Faculty Publications

No abstract provided.

Comment On Property And Divorce, A, Carol Weisbrod

Faculty Articles and Papers

No abstract provided.

From Petri Dish To Paternity: Who's Entitled To Custody?, Laura A. Kelley

Buffalo Women's Law Journal

No abstract provided.

Law-Ing The Harmonic Familial Relationship: Development Of An Indigenous Feminist Legal Political Discourse On Child Domestic Abuse, Andy Man Chung Chiu, Vera Moon Hing Lam

Buffalo Women's Law Journal

No abstract provided.

A Troublesome Maternal-Fetal Conflict: Legal, Ethical, And Social Issues Surrounding Mandatory Azt Treatment Of Hiv Positive Pregnant Women, Jennifer Brown

Buffalo Public Interest Law Journal

No abstract provided.

West Virginia's Adoption Statute: The History Of A Work In Progress, Lisa Kelly

West Virginia Law Review

No abstract provided.

The History And Evolution Of Marriage (Review Of From Sacrament To Contract, By John Witte, Jr.), Jennie Holman Blake

BYU Law Review

No abstract provided.

Paternalism In The Law Of Marriage, Jeffrey E. Stake

Indiana Law Journal

No abstract provided.

Adoption In The Progressive Era: Preserving, Creating, And Re-Creating Families, Chris Guthrie, Joanna L. Grossman

Vanderbilt Law School Faculty Publications

The history of adoption law and practice has received scant attention from legal scholars and historians. Most of what little scholarship there is focuses on the history of adoption to the mid-nineteenth century, when the first adoption statutes emerged in the United States. Although the enactment of these statutes has been hailed as "an historic moment in the history of Anglo-American family and society" and "the most far-reaching innovation of nineteenth-century custody law," few scholars have made an effort to document the actual operation of adoption law following the enactment of these landmark statutes. This article does just that. Drawing …

Family Law In The Age Of Distrust, Carl E. Scheider

Articles

I have been invited to examine the relationship between American culture and American family law at the end of the century. No doubt I was foolish to accept the invitation, since the topic can hardly be sketched, much less discussed, within the compass of even a lengthy article. On the other hand, that happy fault forces me to accept the luxury of writing a speculative essay and of eschewing the footnotes that are the misery (and majesty) of the academic lawyer. But even thus set free I am still enchained. Family law is shaped by more cultural forces than I …

Stamka V. Minister Of The Interior, Mishael Cheshin, Dalia Dorner, Dorit Beinisch

Translated Opinions

For many years, the Ministry of the Interior interpreted the Law of Return, 5710-1950, such that a non-Jew who married a Jewish Israeli citizen was entitled – upon marriage – to the status of a Jew under the Law of Return, and to the status of an oleh [Jewish immigrant] under the Nationality Law, 5712-1952. In 1995, the Ministry of the Interior changed its view. According to the new interpretation, that non-Jewish partner would not fall within the scope of the Law of Return, and consequently, would not be entitled to the rights granted a Jew, including the right to …

From Representing Clients To Serving Recipients: Transforming The Role Of The Iv-D Child Support Enforcement Attorney, Barbara Glesner Fines

Faculty Works

Attorneys for the poor are being asked to serve more clients for less money and with more restrictions on their practice than ever before. These restrictions, both on amounts and uses of funds, influence the attorney's independent professional judgment. Determining when that influence is inappropriate becomes a difficult practical and ethical issue. Is this issue resolved if one simply reconceptualizes the role of the entities and individuals involved? What if the government becomes the client and the individual receiving legal services becomes something other than a client? Examining the development of governmental funding of child support enforcement, one finds just …

In Brief, Spring/Summer 1999, New York Law School

New York Law School In Brief

No abstract provided.

Balancing Interests In Frozen Embryo Disputes: Is Adoption Really A Reasonable Alternative?, David L. Theyssen

Indiana Law Journal

No abstract provided.

Curing The "Every-Other-Weekend Syndrome": Why Visitation Should Be Considered Separate And Apart From Custody, Mark D. Matthews

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

No abstract provided.