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Articles 61 - 90 of 141
Full-Text Articles in Family Law
Promoting Family By Promoting Work: The Hole In Martha Fineman's Doughnut , Peter B. Edelman
Promoting Family By Promoting Work: The Hole In Martha Fineman's Doughnut , Peter B. Edelman
American University Journal of Gender, Social Policy & the Law
No abstract provided.
Social Programs And Manageable Units , Saul Levmore
Social Programs And Manageable Units , Saul Levmore
American University Journal of Gender, Social Policy & the Law
No abstract provided.
Subsidized Lives And The Ideology Of Efficiency , Martha T. Mccluskey
Subsidized Lives And The Ideology Of Efficiency , Martha T. Mccluskey
American University Journal of Gender, Social Policy & the Law
No abstract provided.
Cracking The Foundational Myths: Independence, Autonomy, And Self-Sufficiency, Martha Albertson Fineman
Cracking The Foundational Myths: Independence, Autonomy, And Self-Sufficiency, Martha Albertson Fineman
American University Journal of Gender, Social Policy & the Law
No abstract provided.
Cracking Foundations As Feminist Method , Katharine T. Bartlett
Cracking Foundations As Feminist Method , Katharine T. Bartlett
American University Journal of Gender, Social Policy & the Law
No abstract provided.
Subsidy For Caretaking In Families: Lessons From Foster Care , Catharine J. Ross, Naomi R. Cahn
Subsidy For Caretaking In Families: Lessons From Foster Care , Catharine J. Ross, Naomi R. Cahn
American University Journal of Gender, Social Policy & the Law
No abstract provided.
Building On Foundational Myths: Feminism And The Recovery Of "Human Nature": A Response To Martha Fineman , Peter M. Cicchino
Building On Foundational Myths: Feminism And The Recovery Of "Human Nature": A Response To Martha Fineman , Peter M. Cicchino
American University Journal of Gender, Social Policy & the Law
No abstract provided.
Promoting Family By Promoting Work: The Hole In Martha Fineman's Doughnut , Peter B. Edelman
Promoting Family By Promoting Work: The Hole In Martha Fineman's Doughnut , Peter B. Edelman
American University Journal of Gender, Social Policy & the Law
No abstract provided.
Social Programs And Manageable Units , Saul Levmore
Social Programs And Manageable Units , Saul Levmore
American University Journal of Gender, Social Policy & the Law
No abstract provided.
Subsidized Lives And The Ideology Of Efficiency , Martha T. Mccluskey
Subsidized Lives And The Ideology Of Efficiency , Martha T. Mccluskey
American University Journal of Gender, Social Policy & the Law
No abstract provided.
Models For Safe Child Support Enforcement, Susan Notar, Viki Turetesky
Models For Safe Child Support Enforcement, Susan Notar, Viki Turetesky
American University Journal of Gender, Social Policy & the Law
No abstract provided.
A House Of Fools: The Child Custody Protection Act, Christopher M. Law
A House Of Fools: The Child Custody Protection Act, Christopher M. Law
American University Journal of Gender, Social Policy & the Law
No abstract provided.
Parens Patriae And A Modest Proposal For The Twenty-First Century: Legal Philosophy And A New Look At Children's Welfare, Natalie Loder Clark
Parens Patriae And A Modest Proposal For The Twenty-First Century: Legal Philosophy And A New Look At Children's Welfare, Natalie Loder Clark
Michigan Journal of Gender & Law
This paper will turn to philosophy to seek material for limiting the exercise of parens patriae power. A significant reduction of the government's role will better serve the modern concern for child rearing which is this century's re-definition of best interests.
Domestic Violence As A Factor In Custody Determinations In New York State, Hon. Judith J. Gische
Domestic Violence As A Factor In Custody Determinations In New York State, Hon. Judith J. Gische
Fordham Urban Law Journal
In 1996, the New York State Legislature mandated that rial courts consider the effect of domestic violence in child custody and visitation disputes. In 1998, the legislature amended the law to provide that, under most circumstances, a person convicted of murdering a child's parent shall be denied custody and visitation. The amendment was in response to a growing national trend to give greater attention to the serious effect domestic violence has on children. While the law now conveys the seriousness with which the legislature view domestic violence, many problems inherent in resolving custody and visitation disputes involving domestic violence still …
Stopping New Yorkers' Stalkers: An Anti-Stalking Law For The Millennium, Demetra M. Pappas
Stopping New Yorkers' Stalkers: An Anti-Stalking Law For The Millennium, Demetra M. Pappas
Fordham Urban Law Journal
This essay concerns itself with some of the legislative responses to stalking in New York and examines some of the specific anti-stalking provisions of the Clinic Access and Anti-Stalking Act of 1999, recently signed by New York Governor George Pataki. The author interviews Senator Michael A.L. Balboni, Assemblyman Scott Stringer, and the Assemblyman's former Legislative Director Rob Hack, who were all heavily involved in getting the legislation passed, offering a unique perspective.
Gender Difference In Perceiving Violence And Its Implication For The Vawa's Civil Rights Remedy, Renee L. Jarusinsky
Gender Difference In Perceiving Violence And Its Implication For The Vawa's Civil Rights Remedy, Renee L. Jarusinsky
Fordham Urban Law Journal
The enactment of the Violence Against Women Act (VAWA) of 1994 was viewed as "a potential vehicle of empowerment" for women, and was a long-awaited morve toward gender equality in the United States. By enacting the VAWA, Congress emphatically expressed a strong commitment to curb and attack the pervasiveness of sex-based violence. In practice, however, the civil rights remdy has fallen short. In the few VAWA cases brought under the civil rights remedy, the "crime of violence" requirement has been interpreted in such a narrow way that it strips the remedy of any effect. While there is confusion as to …
Women, Children And Domestic Violence: Current Tensions And Emerging Issues
Women, Children And Domestic Violence: Current Tensions And Emerging Issues
Fordham Urban Law Journal
A symposium in which the conference speakers give a clear and disturbing picture of how we ascribe a kind of omnipotence to mothers vis-a-vis their children. If children are hurt, it is assumed that those at fault must be the mothers, and they are likely to be blamed even when it is the father who strikes the blows, lands the punchers or terrifies the child. Somehow, we imagine they should have been able to snatch the children out of harms way. The answer to this problem ultimately lies in making sure the ways victims of domestic violence think about their …
Second-Parent Adoption, Patricia J. Falk
Second-Parent Adoption, Patricia J. Falk
Law Faculty Articles and Essays
The topic of this article is second-parent adoption. I hope to accomplish four things in my discussion. First, I will define second-parent adoption and give some reasons that it is desirable for both parents and children. Second, I will summarize the state of the law in terms of legislative enactments and case law in the United States. Third, I will discuss the role of social science in second-parent adoption cases. Finally, I will discuss some of the implications of recognizing second-parent adoptions.
A Child Conceived After His Father's Death: Posthumous Reproduction And Inheritance Rights - An Analysis Of Ohio Statutes, Cindy L. Steeb
A Child Conceived After His Father's Death: Posthumous Reproduction And Inheritance Rights - An Analysis Of Ohio Statutes, Cindy L. Steeb
Cleveland State Law Review
This Article will argue that the posthumous child and the rights and responsibilities relating to such a child, are directly related to the fundamental right to procreate, thus statutes must support rather than prohibit posthumous conception. It will argue that legislation must necessarily incorporate that right in determining issues and forming legislation related to the posthumous child. It will show that current legislation, both the various Uniform Codes and Ohio's Revised Code, is not sufficient to protect and provide for this new class of children. In reaching this conclusion, Part II of this Article will review the history of artificial …
The Challenge To Rural States Of Procedural Reform In High Conflict Custody Cases, Elizabeth Brandt
The Challenge To Rural States Of Procedural Reform In High Conflict Custody Cases, Elizabeth Brandt
Articles
No abstract provided.
Interstate Establishment, Enforcement, And Modification Of Child Support Orders, Patricia W. Moore
Interstate Establishment, Enforcement, And Modification Of Child Support Orders, Patricia W. Moore
Faculty Articles
Intended to improve the collection of child support across state lines, the Uniform Interstate Family Support Act has now been in effect in all fifty states for approximately three years. This Article examines the history and operation of this statute and its companion federal statute, the Full Faith and Credit For Child Support Orders Act. Following UIFSA's structure, the Article details the provisions governing the establishment, enforcement, and modification of child support orders in the interstate context and explains which federally-promulgated forms to use in each situation. Analyzing the abundant case law already decided under these statutes, the article concludes …
Couples: Marriage, Civil Union, And Domestic Partnership, David L. Chambers
Couples: Marriage, Civil Union, And Domestic Partnership, David L. Chambers
Book Chapters
In this country, during the last decades of the twentieth century, thousands of lesbians married other women and thousands of gay men married other men. Many of these couples recited traditional vows in churches and synagogues. Others have pledged to each other in their own backyards in words that they wrote themselves. But not one of these thousands of solemn occasions was recognized as creating a legally valid marriage. In the United States, each state has its own statute defining who can marry, and as far as the states were concerned, these couples were playing dress up. One state has …
Looking At Marriage, Naomi Cahn
Looking At Marriage, Naomi Cahn
Michigan Law Review
In a recent book (not the subject of this Review), highly successful and popular authors John Gottman and Nan Silver set out their seven effective principles for making a marriage last. The final suggestion is that spouses should "create shared meaning, an inner life together that is rich with symbols and family rituals and that honors the hopes of both partners." In a happy marriage, the couples not only provide support for each other, but also "build a sense of purpose into their lives together." Professor Gottman has developed these principles as a result of twenty years of research and …
Stalking: Cultural, Clinical, And Legal Considerations, Carol E. Jordan, Karen Quinn, Bradley O. Jordan, Celia R. Daileader
Stalking: Cultural, Clinical, And Legal Considerations, Carol E. Jordan, Karen Quinn, Bradley O. Jordan, Celia R. Daileader
Office for Policy Studies on Violence Against Women Publications
Crimes of violence against women are unique in their treatment by our culture and our system of legal justice. Both culturally and statutorily, victims of crimes which have historically been perpetrated against women, such as rape, domestic violence, and stalking have received significant focus. This article highlights cultural considerations and provides a statutory and case law analysis.
Foreward, Adrienne D. Davis, Joan C. Williams
Foreward, Adrienne D. Davis, Joan C. Williams
American University Journal of Gender, Social Policy & the Law
No abstract provided.
Why Truth Is Not A Defense In Paternity Actions, 10 Tex. J. Women & L. 69 (2000), Diane S. Kaplan
Why Truth Is Not A Defense In Paternity Actions, 10 Tex. J. Women & L. 69 (2000), Diane S. Kaplan
UIC Law Open Access Faculty Scholarship
No abstract provided.
The Alienation Of Fathers, Linda Kelly
The Alienation Of Fathers, Linda Kelly
Michigan Journal of Race and Law
By evaluating immigration and custody law from a father's perspective and thereby uncovering and addressing the biases held against men, both fathers and mothers will achieve greater recognition. Beyond revealing gender discrimination, such a study also demonstrates the disparate views still harbored toward unmarried parents. Examining custody and immigration law with an emphasis on these issues will hopefully foster a dialogue that brings the law in line with the reality of today's families and promotes each family member's individual potential.
A Custody System Free Of Gender Preferences And Consistent With The Best Interests Of The Child: Suggestions For A More Protective And Equitable Custody System, Shannon Dean Sexton
A Custody System Free Of Gender Preferences And Consistent With The Best Interests Of The Child: Suggestions For A More Protective And Equitable Custody System, Shannon Dean Sexton
Kentucky Law Journal
No abstract provided.
Conceiving Nonmarital Fathers' Rights: An Inquiry Into The Constitutionality Of West Virginia's Adoption Statute, Lisa Kelly
Articles
When do the rights of nonmarital fathers to their children quicken? Is it only upon the father's establishment of a substantial economic and emotional relationship with his child? Do such fathers' interests gel only after the ink has dried on an order or affidavit in which paternity is established or acknowledged? Do there fundamental rights lie inchoate in the beating hearts of the newborn or gestating child? How should the law regard the role of the nonmarital father in the adoption context? Should there be one standard for all or two-one for fathers of infants and another for fathers or …
The Silent Victims: Children And Domestic Violence, Nancy Ver Steegh
The Silent Victims: Children And Domestic Violence, Nancy Ver Steegh
Faculty Scholarship
Few of us would fail to intercede if we happened upon a child being physically attacked. Most of us would shield even an unknown child from witnessing a traumatic event. If we knew that a child might come to harm, such as a toddler playing in traffic, most of us would escort that child to safety. On a personal level, we are committed to the well being of our children. As a society, however, we close our ears to the cries of the children growing up in violent homes. It is now time to give them voice. New research reveals …