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Family Law Commons

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2003

Discipline
Institution
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Publication
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Articles 31 - 60 of 143

Full-Text Articles in Family Law

Who Decides And What Difference Does It Make?: Defining Marriage In "Our Democratic, Federal Republic", Kevin J. Worthen Jul 2003

Who Decides And What Difference Does It Make?: Defining Marriage In "Our Democratic, Federal Republic", Kevin J. Worthen

Brigham Young University Journal of Public Law

The debate over the legality of same-sex marriage has centered largely on the substantive merits of the issue. This article does not. Instead, it seeks to draw attention to the perhaps equally important-but often overlooked-issue of the proper form and forum for resolving the substantive issue. It asks the question, if we awoke tomorrow to the newspaper headline -- "Legality of Same-Sex Marriage Decided" -- what difference would it make if the succeeding story referred to 1) a federal statute, 2) a U. S. Supreme Court decision, 3) a federal constitutional amendment, 4) a state statute, 5) a state supreme …


Ub Viewpoint – Changing Roles Of Fatherhood, Jane C. Murphy Jun 2003

Ub Viewpoint – Changing Roles Of Fatherhood, Jane C. Murphy

All Faculty Scholarship

No abstract provided.


Children At Clandestine Methamphetamine Labs: Helping Meth’S Youngest Victims, Karen Swetlow Jun 2003

Children At Clandestine Methamphetamine Labs: Helping Meth’S Youngest Victims, Karen Swetlow

Center on Children, Families, and the Law (and Related Organizations): Publications

Contents:

Message from the Director
What Is Methamphetamine?
Meth Production Site: Not Really a Laboratory
Methamphetamine Trends in the United States
Dangers to Children Living at Meth Labs
Children Involved in Methamphetamine Lab-Related Incidents in the United States
Children Found in Meth Lab Homes
Multidisciplinary Teams: Elements of Success
Promising Practices in the Field
Conclusion


The Abuse And Neglect Of Children: Interdisciplinary Perspectives, Roger Williams University School Of Law Jun 2003

The Abuse And Neglect Of Children: Interdisciplinary Perspectives, Roger Williams University School Of Law

School of Law Conferences, Lectures & Events

No abstract provided.


Breaking The Cycle Of Defeat For 'Deadbroke' Noncustodial Parents Through Advocacy On Child Support Issues, Daniel L. Hatcher, Hannah Lieberman May 2003

Breaking The Cycle Of Defeat For 'Deadbroke' Noncustodial Parents Through Advocacy On Child Support Issues, Daniel L. Hatcher, Hannah Lieberman

All Faculty Scholarship

The child support system is not serving low-income families well. Custodial parents are not receiving the child support they need. Enforcement of child support for lowincome parents receiving welfare primarily benefits the state because the payments are owed to the government. Low-income noncustodial parents face unrealistically high child support orders and large arrearages take so much of their wages that they cannot support themselves. They go to jail-often recurrently-because they cannot meet their obligations and thereby lose the opportunity to keep a job. Their driver's licenses are suspended because they have not paid their support. To evade this punitive cycle, …


Written Testimony Of Professor Ralph Ruebner On House Bill 1507: Jury Trial In Parental Termination Cases, Illinois 93rd General Assembly (April 1, 2003), Ralph Ruebner Apr 2003

Written Testimony Of Professor Ralph Ruebner On House Bill 1507: Jury Trial In Parental Termination Cases, Illinois 93rd General Assembly (April 1, 2003), Ralph Ruebner

Court Documents and Proposed Legislation

No abstract provided.


Introduction To The Symposium: The Relationship Rights Of Children Apr 2003

Introduction To The Symposium: The Relationship Rights Of Children

William & Mary Bill of Rights Journal

No abstract provided.


Parental Autonomy And Children's Welfare, Elizabeth S. Scott Apr 2003

Parental Autonomy And Children's Welfare, Elizabeth S. Scott

William & Mary Bill of Rights Journal

No abstract provided.


Which Ties Bind? Redefining The Parent-Child Relationship In An Age Of Genetic Certainty, June Carbone, Naomi Cahn Apr 2003

Which Ties Bind? Redefining The Parent-Child Relationship In An Age Of Genetic Certainty, June Carbone, Naomi Cahn

William & Mary Bill of Rights Journal

No abstract provided.


Rights And Duties Of Childrearing, Peter Vallentyne Apr 2003

Rights And Duties Of Childrearing, Peter Vallentyne

William & Mary Bill of Rights Journal

No abstract provided.


Children's Associational Rights?: Why Less Is More, Emily Buss Apr 2003

Children's Associational Rights?: Why Less Is More, Emily Buss

William & Mary Bill of Rights Journal

No abstract provided.


The Modest Promise Of Children's Relationship Rights, David D. Meyer Apr 2003

The Modest Promise Of Children's Relationship Rights, David D. Meyer

William & Mary Bill of Rights Journal

No abstract provided.


Breast Still Best: An Argument In Favor Of One Hiv Positive Mother's Right To Breastfeed, Monique Anikwue Apr 2003

Breast Still Best: An Argument In Favor Of One Hiv Positive Mother's Right To Breastfeed, Monique Anikwue

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

No abstract provided.


An Unjust Act: The Schizophrenic State Of Maturity And Culpability In Juvenile Justice And Minor Abortion Rights Law; Recent Trends In Virginia And Nationally, Jon-Michael Foxworth Apr 2003

An Unjust Act: The Schizophrenic State Of Maturity And Culpability In Juvenile Justice And Minor Abortion Rights Law; Recent Trends In Virginia And Nationally, Jon-Michael Foxworth

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

No abstract provided.


Nunn V. Allen, Living Separate And Apart In North Carolina, Separation Agreements, Sex, The Meaning Of Unmarried, And Liability Of Third Parties, Paulette Benz Apr 2003

Nunn V. Allen, Living Separate And Apart In North Carolina, Separation Agreements, Sex, The Meaning Of Unmarried, And Liability Of Third Parties, Paulette Benz

North Carolina Central Law Review

No abstract provided.


The Modest Promise Of Children’S Relationship Rights, David D. Meyer Apr 2003

The Modest Promise Of Children’S Relationship Rights, David D. Meyer

Faculty Scholarship

No abstract provided.


Spousal Election: Suggested Equitable Reform For The Division Of Property At Death, Angela M. Vallario Apr 2003

Spousal Election: Suggested Equitable Reform For The Division Of Property At Death, Angela M. Vallario

All Faculty Scholarship

Testators have traditionally enjoyed immense discretion in directing the disposition of their wealth upon death; however, when a spouse survives the testator, public policy dictates a limitation on the testator's ability to dispose of property. American jurisdictions impose this limitation through the elective share in common law states and by the nature of property ownership in community property states. Ideally, this limitation should ensure equitable financial protection for the surviving spouse and protect his or her interest in assets that were accumulated with the decedent, yet the current elective share methods fall short of these goals.


A Taxonomy Of Children's Existing Rights In State Decision Making About Their Relationships, James G. Dwyer Apr 2003

A Taxonomy Of Children's Existing Rights In State Decision Making About Their Relationships, James G. Dwyer

William & Mary Bill of Rights Journal

No abstract provided.


The Changing Face Of Parents' Rights, Ralph D. Mawdsley Mar 2003

The Changing Face Of Parents' Rights, Ralph D. Mawdsley

Brigham Young University Education and Law Journal

No abstract provided.


Curbing Child-Trafficking In Intercountry Adoptions: Will International Treaties And Adoption Moratoriums Accomplish The Job In Cambodia?, Kelly M. Wittner Mar 2003

Curbing Child-Trafficking In Intercountry Adoptions: Will International Treaties And Adoption Moratoriums Accomplish The Job In Cambodia?, Kelly M. Wittner

Washington International Law Journal

Over the past two decades an enormous increase in intercountry adoptions has prompted international concern over the victimization of children, birth parents, and adoptive families. Recently, the United States has closely scrutinized babytrafficking in Cambodia. Reports of widespread buying, selling, and stealing of Cambodian infants for international adoption prompted the United States to place a moratorium on adoptions from Cambodia on December 21, 2001. In addition, the international community has drafted treaties such as the United Nations Convention on the Rights of the Child ("CRC") and the Hague Convention on Intercountry Adoption ("Hague Convention") to normalize and systematize the process …


Tipping The Balance In Favor Of Justice: Due Process And The Thirteenth And Nineteenth Amendments In Child Removal From Battered Mothers, Shima Baradaran-Robison Mar 2003

Tipping The Balance In Favor Of Justice: Due Process And The Thirteenth And Nineteenth Amendments In Child Removal From Battered Mothers, Shima Baradaran-Robison

BYU Law Review

After Sharwline Nicholson was assaulted by her boyfriend for the first time, the Administration for Child Services (“ACS”) of New York took her children without a court proceeding and temporarily placed them with foster parents. This action was particularly surprising because the children had not been abused by either their father or their mother. Without determining who was at fault, ACS concluded that Nicholson was unfit to parent because she had “engage[d] in acts of domestic violence,” even though she had not assaulted her children or her boyfriend but was only assaulted herself. Nicholson’s experience was not unique, as she …


Curbing Child-Trafficking In Intercountry Adoptions: Will International Treaties And Adoption Moratoriums Accomplish The Job In Cambodia?, Kelly M. Wittner Mar 2003

Curbing Child-Trafficking In Intercountry Adoptions: Will International Treaties And Adoption Moratoriums Accomplish The Job In Cambodia?, Kelly M. Wittner

Washington International Law Journal

Over the past two decades an enormous increase in intercountry adoptions has prompted international concern over the victimization of children, birth parents, and adoptive families. Recently, the United States has closely scrutinized babytrafficking in Cambodia. Reports of widespread buying, selling, and stealing of Cambodian infants for international adoption prompted the United States to place a moratorium on adoptions from Cambodia on December 21, 2001. In addition, the international community has drafted treaties such as the United Nations Convention on the Rights of the Child ("CRC") and the Hague Convention on Intercountry Adoption ("Hague Convention") to normalize and systematize the process …


Ub Viewpoint – Creation Of A Caring Justice System, Barbara A. Babb Feb 2003

Ub Viewpoint – Creation Of A Caring Justice System, Barbara A. Babb

All Faculty Scholarship

No abstract provided.


What If I Want My Kids To Watch Pornography?: Protecting Children From "Indecent" Speech, Ashutosh Bhagwat Feb 2003

What If I Want My Kids To Watch Pornography?: Protecting Children From "Indecent" Speech, Ashutosh Bhagwat

William & Mary Bill of Rights Journal

Under current First Amendment doctrine, a law directed at indecent speech is treated as "content-based" regulation of speech, and thus must satisfy the "strict scrutiny" test to survive constitutional challenge - the regulation must be narrowly tailored to advance a compelling state interest. A number of laws regulating indecent speech have been passed in recent years, and when challenged, the government has defended these regulations on the ground that the State has a compelling interest in the protection of children from harmful materials. Underlying this argument, however, is a deep ambiguity regarding the precise nature of the government's legitimate objectives …


Location And Life: How Stenberg V. Carhart Undercut Roe V. Wade, Richard Stith Feb 2003

Location And Life: How Stenberg V. Carhart Undercut Roe V. Wade, Richard Stith

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

No abstract provided.


What's A Woman To Do?: A Look At Private Child Support Agreements In Virginia, Nicole Spain Feb 2003

What's A Woman To Do?: A Look At Private Child Support Agreements In Virginia, Nicole Spain

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

No abstract provided.


Yes, No, And Maybe: Informed Decision Making About Divorce Mediation In The Presence Of Domestic Violence, Nancy Ver Steegh Feb 2003

Yes, No, And Maybe: Informed Decision Making About Divorce Mediation In The Presence Of Domestic Violence, Nancy Ver Steegh

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

No abstract provided.


The Political Psychology Of Cybersexuality: The Example Of Child Pornography, Ibpp Editor Jan 2003

The Political Psychology Of Cybersexuality: The Example Of Child Pornography, Ibpp Editor

International Bulletin of Political Psychology

This article analyzes rationales behind legislation banning certain aspects of cybersexuality.


Separation, Custody, And Estate Planning Issues Relating To Companion Animals, Rebecca J. Huss Jan 2003

Separation, Custody, And Estate Planning Issues Relating To Companion Animals, Rebecca J. Huss

Law Faculty Publications

This article first discusses the domestication of companion animals, including the impact of anthropomorphism and neoteny on how animals are viewed in U.S. society. Second, it reviews the current legal status of animals. Third, it considers the voluntary and involuntary separation of companion animals from their human families. Fourth, it examines custody issues in the context of the placement of animals after the divorce of the human family members. Finally, it analyzes estate planning issues relating to companion animals.


Moving Towards A Collaborative Family Law Paradigm: The Struggle To Bring Non-Litigious Divorce To The Masses Jan 2003

Moving Towards A Collaborative Family Law Paradigm: The Struggle To Bring Non-Litigious Divorce To The Masses

Child and Family Law Journal

No abstract provided.