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2004

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Institution
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Articles 61 - 90 of 126

Full-Text Articles in Family Law

A Peace Proposal For The Same-Sex Marriage Wars: Restoring The Household To Its Proper Place, Marie A. Failinger Feb 2004

A Peace Proposal For The Same-Sex Marriage Wars: Restoring The Household To Its Proper Place, Marie A. Failinger

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

No abstract provided.


Children Exposed To Methamphetamine Laboratories – Flowsheet Side 1, Version 4.0 Jan 2004

Children Exposed To Methamphetamine Laboratories – Flowsheet Side 1, Version 4.0

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

The CHEM-L Protocol provides guidance for the following personnel to guide action before, during, and after a child is found in association with a clandestine methamphetamine laboratory in Nebraska.


Still Part Of The Clan: Representing Elders In The Family Law Practice, Sy Moskowitz Jan 2004

Still Part Of The Clan: Representing Elders In The Family Law Practice, Sy Moskowitz

Law Faculty Publications

No abstract provided.


Unemployment Insurance Reform For Moms, Karen Czapanskiy Jan 2004

Unemployment Insurance Reform For Moms, Karen Czapanskiy

Faculty Scholarship

No abstract provided.


Deconstructing Teresa O'Brien: A Role Play For Domestic Violence Clinics, Leigh S. Goodmark, Catherine F. Klein Jan 2004

Deconstructing Teresa O'Brien: A Role Play For Domestic Violence Clinics, Leigh S. Goodmark, Catherine F. Klein

Faculty Scholarship

No abstract provided.


Law Is The Answer? Do We Know That For Sure? Questioning The Efficacy Of Legal Interventions For Battered Women, Leigh S. Goodmark Jan 2004

Law Is The Answer? Do We Know That For Sure? Questioning The Efficacy Of Legal Interventions For Battered Women, Leigh S. Goodmark

Faculty Scholarship

No abstract provided.


Achieving Batterer Accountability In The Child Protection System, Leigh S. Goodmark Jan 2004

Achieving Batterer Accountability In The Child Protection System, Leigh S. Goodmark

Faculty Scholarship

No abstract provided.


Do Moms And Dads Matter? Evidence From The Social Sciences On Family Structure And The Best Interests Of The Child, Maggie Gallagher, Joshua K. Baker Jan 2004

Do Moms And Dads Matter? Evidence From The Social Sciences On Family Structure And The Best Interests Of The Child, Maggie Gallagher, Joshua K. Baker

University of Maryland Law Journal of Race, Religion, Gender and Class

No abstract provided.


Symposium Introduction: Women's Work Is Never Done: Employment, Family, And Activism, Kristin (Brandser) Kalsem, Verna L. Williams Jan 2004

Symposium Introduction: Women's Work Is Never Done: Employment, Family, And Activism, Kristin (Brandser) Kalsem, Verna L. Williams

Faculty Articles and Other Publications

This article frames the issues in the Supreme Court case, Nevada Department of Human Resources v. Hibbs, and introduces the articles making up the inaugural symposium of the Law and Women's Studies Program at the University of Cincinnati. Hibbs involved a husband who was trying to get leave under the Family and Medical Leave Act (FMLA) in order to take care of his severely injured wife. The case presents an opportunity to rethink issues of work and family, the legal subordination of women, and the law as an agent for social change, and it was therefore an ideal focus for …


Who's Your Daddy?: An Analysis Of Illinois' Law Of Parentage And The Meaning Of Parenthood, Steven N. Peskind Jan 2004

Who's Your Daddy?: An Analysis Of Illinois' Law Of Parentage And The Meaning Of Parenthood, Steven N. Peskind

Loyola University Chicago Law Journal

No abstract provided.


Parents Know Best: Revising Our Approach To Parental Custody Agreements, Linda Jellum Jan 2004

Parents Know Best: Revising Our Approach To Parental Custody Agreements, Linda Jellum

Articles

Historically, parents have not been able to determine custody of their children prior to marriage in the form of a prenuptial agreement. Although parents are able to enter into such agreements, courts normally have a great deal of latitude in ignoring these agreements. A majority of states merely consider the agreement as one factor in determining what is in the child's best interest, while the majority of the rest presume the agreement is in the best interest of the child unless the judge finds otherwise. Only two states defer to the parental agreement unless it would be harmful to the …


The Relationship Between Juvenile Delinquency And Family Unit Structure, Angela D. Mullens Jan 2004

The Relationship Between Juvenile Delinquency And Family Unit Structure, Angela D. Mullens

Theses, Dissertations and Capstones

The purpose of this study was to investigate the relationship between parental absence and juvenile delinquency and to determine if a link exists between the two variables. Data was collected from male juveniles who were alleged to have committed status or delinquent offenses between 1996 and 2004. Each offense was categorized according to the family unit (e.g., intact, father only, mother only, etc.), offense type (e.g., underage consumption, petit larceny, breaking and entering, etc.), offense level (e.g., status misdemeanor, and felony), the victim (e.g., crimes against the person, crimes against property, etc.) and the juvenile’s age at the time the …


Embracing Tradition: Pluralism In American Family Law, Ann Laquer Estin Jan 2004

Embracing Tradition: Pluralism In American Family Law, Ann Laquer Estin

Maryland Law Review

No abstract provided.


The Protection Of Reproductive Rights Under International Law: The Bush Administration's Policy Shift And China's Family Planning Practices, Hannah A. Saona Jan 2004

The Protection Of Reproductive Rights Under International Law: The Bush Administration's Policy Shift And China's Family Planning Practices, Hannah A. Saona

Washington International Law Journal

On his first day in office, U.S. President George W. Bush reinstated a policy that restricts United States Agency for International Development funding of foreign non-governmental organizations. A year and a half later, President Bush attracted media attention by rejecting funding commitments to the United Nations Population Fund ("UNFPA") based on its alleged involvement with the People's Republic of China ("PRC"). The PRC, in an effort to curb rampant population growth, has adopted a one child per couple policy. This policy has, in some cases, led to the use of coercive family planning practices such as forced abortion and sterilization. …


The Ramifications Of West Virginia's Codified Child Custody Law: A Departure From Garska V. Mccoy, John D. Athey Jan 2004

The Ramifications Of West Virginia's Codified Child Custody Law: A Departure From Garska V. Mccoy, John D. Athey

West Virginia Law Review

No abstract provided.


Policy Brief #2: Parent Perceptions Of Child Care: How Do Nebraska Parents Rate Their Child Care And Child Care Subsidy Options?, Kathy Thornburg, Helen Raikes, Brian Wilcox, Carolyn Edwards, Julia C. Torquati Jan 2004

Policy Brief #2: Parent Perceptions Of Child Care: How Do Nebraska Parents Rate Their Child Care And Child Care Subsidy Options?, Kathy Thornburg, Helen Raikes, Brian Wilcox, Carolyn Edwards, Julia C. Torquati

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

In 2000, university researchers at the University of Nebraska-Lincoln, Iowa State University, University of Kansas, and the University of Missouri, and state child care and early education program partners in four states (Missouri, Iowa, Kansas, and Nebraska) initiated the Midwest Child Care Research Consortium (MCCRC). The focus of the Consortium’s work is to conduct a multiyear study on a range of issues associated with child care quality and conditions. Across the four states, a stratified random selection of 2022 child care providers participated in a telephone survey conducted by the Gallup Organization, representing licensed child care centers, licensed family child …


Policy Brief #1: Child Care Assets: What Are 14 Key Assets Of Child Care Providers That Support Quality?, Kathy Thornburg, Helen Raikes, Brian Wilcox, Carolyn Edwards, Julia C. Torquati, Susan Hegland, Carla Peterson, Jean Ann Summers, Jane Atwater Jan 2004

Policy Brief #1: Child Care Assets: What Are 14 Key Assets Of Child Care Providers That Support Quality?, Kathy Thornburg, Helen Raikes, Brian Wilcox, Carolyn Edwards, Julia C. Torquati, Susan Hegland, Carla Peterson, Jean Ann Summers, Jane Atwater

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

In 2000, university researchers at the University of Nebraska-Lincoln, Iowa State University, University of Kansas and the University of Missouri and state child care and early education program partners in four states (Missouri, Iowa, Kansas, and Nebraska) initiated the Midwest Child Care Research Consortium (MCCRC). The focus of the Consortium’s work is to conduct a multiyear study on a range of issues associated with child care quality and conditions. Across the four states, a stratified random selection of 2,022 child care providers participated in a telephone survey conducted by the Gallup Organization, representing licensed child care centers, licensed family child …


Divorce Child Custody Mediation: In Order To Form A More Perfect Disunion , Ben Barlow Jan 2004

Divorce Child Custody Mediation: In Order To Form A More Perfect Disunion , Ben Barlow

Cleveland State Law Review

The adversarial process serves its purpose in our society; however, that does not mean that there are not better ways to handle specific cases. To that end, nonadversarial systems offer tremendous potential in civil litigation, in governmental relations, in neighborhood and family conflicts, and, especially, in divorce child custody cases. If mediation statutes are contemplated for the sole purpose of judicial economy, discretionary statutes are sufficient. For the true value of mediation to be experienced, however, a mandatory scheme containing safeguards for cases involving domestic violence should be implemented.Understandably, many mediators are leery of the effect that mandatory schemes have …


Is The Work-Family Conflict Pathological Or Normal Under The Fmla? The Potential Of The Fmla To Cover Ordinary Work-Family Conflicts, Katharine B. Silbaugh Jan 2004

Is The Work-Family Conflict Pathological Or Normal Under The Fmla? The Potential Of The Fmla To Cover Ordinary Work-Family Conflicts, Katharine B. Silbaugh

Faculty Scholarship

The Family and Medical Leave Act (FMLA) provides relief to workers, helping them in their struggle to meet the sometimes competing demands of work and family. There have been numerous attempts to expand legislation to cover more occasions where work and family obligations are in tension. This Essay will address one way that the courts may be expanding the Act’s application. It will investigate whether this modest interpretive expansion can be explained partially by society’s deeper understanding of the challenges of work-family balance over the ten years since the FMLA’s passage. Have we changed our general understanding of conflicts between …


Foreword, Byron L. Warnken Jan 2004

Foreword, Byron L. Warnken

All Faculty Scholarship

No abstract provided.


Understanding Family Law In Context: The Court Observation Assignment, Jane C. Murphy Jan 2004

Understanding Family Law In Context: The Court Observation Assignment, Jane C. Murphy

All Faculty Scholarship

No abstract provided.


Nebraska Child Care Workforce And Quality: Summary Policy Brief #7, Kathy Thornburg, Helen Raikes, Brian Wilcox, Carolyn P. Edwards, Julia C. Torquati, Susan Hegland, Carla Peterson, Jean Ann Summers, Jane Atwater Jan 2004

Nebraska Child Care Workforce And Quality: Summary Policy Brief #7, Kathy Thornburg, Helen Raikes, Brian Wilcox, Carolyn P. Edwards, Julia C. Torquati, Susan Hegland, Carla Peterson, Jean Ann Summers, Jane Atwater

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

The study showed the average child care provider in Nebraska is female, married and a parent. This provider had some training or education beyond high school but not an advanced degree, was active in child care training, had a First Aid/CPR certificate, considered child care her profession or calling, had been in the child care field for over 5 years and planned to remain a provider.

The average provider was observed to provide minimal quality child care. In Nebraska, using well-established observational measures of quality, center-based preschool care averaged 4.16 on the Early Childhood Environment Rating Scale (ECERS-R); 4.49 on …


Child Protection Law And Procedure, Frank E. Vandervort Jan 2004

Child Protection Law And Procedure, Frank E. Vandervort

Book Chapters

Child protective proceedings are governed by the Child Protection Law (CPL), MCL 722.621 et seq.; the Juvenile Code, MCL 712A.l et seq.; and Subchapter 3 .900 of the Michigan Court Rules. Taken together these sources of authority establish a comprehensive scheme for reporting cases of suspected abuse and neglect, investigating those reports, and responding with appropriate action.


Traditional Marriage: Still Worth Defending, George W. Dent Jan 2004

Traditional Marriage: Still Worth Defending, George W. Dent

Faculty Publications

A few years ago, I wrote an article entitled The Defense of Traditional Marriage.1 I began with the topic of same-sex marriage but soon saw that all the arguments for gay marriage were also arguments for polygamy, endogamy (or incestuous marriage), etc., so the article became a defense of traditional marriage against all these other types. The pertinent law and jurisprudence are constantly changing, so this conference offers an excellent opportunity to reconsider my views in light of new learning and thinking. A review shows the case for traditional marriage is even stronger now than it was before. As evidence …


Legalizing Families: Solutions To Adjudicate Parentage For Lesbian Co-Parents, Margaret S. Osborne Jan 2004

Legalizing Families: Solutions To Adjudicate Parentage For Lesbian Co-Parents, Margaret S. Osborne

Villanova Law Review (1956 - )

No abstract provided.


Embryo Donation: Unresolved Legal Issues In The Transfer Of Surplus Cryopreserved Embryos, Charles P. Kindregan Jr., Maureen Mcbrien Jan 2004

Embryo Donation: Unresolved Legal Issues In The Transfer Of Surplus Cryopreserved Embryos, Charles P. Kindregan Jr., Maureen Mcbrien

Villanova Law Review (1956 - )

No abstract provided.


Unique Property: An Annotated Bibliography, Nancy Levit, Robert R. M. Verchick Jan 2004

Unique Property: An Annotated Bibliography, Nancy Levit, Robert R. M. Verchick

Faculty Works

This bibliography covers law review articles and supplemental A.L.R. entries published after 1997. We also include a handful of especially interesting pieces published in or before 1997, which we believe are just too good to pass up. A.L.R. entries, whose titles are usually self-explanatory, are cited, but not annotated. Similarly, articles that concern only a single case or a single state are cited, but not annotated.


One Flesh, Two Taxpayers: A New Approach To Marriage And Wealth Transfer Taxation, Bridget J. Crawford Jan 2004

One Flesh, Two Taxpayers: A New Approach To Marriage And Wealth Transfer Taxation, Bridget J. Crawford

Elisabeth Haub School of Law Faculty Publications

This article critically examines the estate and gift tax rules currently applicable to martial wealth transfers and proposes a new system in which all transfers between spouses will be subject to taxation. The article begins by tracing the historic development of what the author calls the "one flesh, one taxpayer" approach to wealth transfer taxation. Over a period of more than thirty years, the marital deduction evolved from a tool for achieving geographic uniformity into an institution based on an unreal and idealized story of proper gender roles and the economic significance of marriage. After describing the wealth transfer tax …


Access Denied: The Problem Of Abused Men In Washington, Melody M. Crick Jan 2004

Access Denied: The Problem Of Abused Men In Washington, Melody M. Crick

Seattle University Law Review

This Comment explains how the Washington legislature and court system have failed to provide abused men with much needed protection, despite a law that is facially gender neutral. Following this Introduction, Part II explores the wording of Washington's domestic violence statutes and analyzes the current implementing regulations. Part III demonstrates that the problem of abused men is legitimate by examining increasing social awareness and the results of current studies. By examining the prevailing national viewpoint embodied in the Violence Against Women Act, Part IV discusses how such a viewpoint adversely affects the availability of resources for abused men. Part V …


Who Is The Baby's Daddy (And Why Is It Important For The Child To Know)?, Cynthia R. Mabry Jan 2004

Who Is The Baby's Daddy (And Why Is It Important For The Child To Know)?, Cynthia R. Mabry

University of Baltimore Law Review

No abstract provided.