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Articles 31 - 60 of 138
Full-Text Articles in Family Law
Adoption With Contact Law Awaits Governor's Signature, Elizabeth Samuels
Adoption With Contact Law Awaits Governor's Signature, Elizabeth Samuels
All Faculty Scholarship
No abstract provided.
Removing Violent Parents From The Home: A Test Case For The Public Health Approach, Robin Fretwell Wilson
Removing Violent Parents From The Home: A Test Case For The Public Health Approach, Robin Fretwell Wilson
Faculty Scholarship
Child services caseworkers adhere to the belief that, in the absence of prosecution, the only remedy for protecting a child harmed by a parent is to remove the child from her home. The effect of this often is to leave the alleged perpetrator in the household with the victim's siblings. Using sexual violence as an example, this Comment contends the evidence of potential risk for the remaining children is so overwhelming that, as a matter of policy, an adult who violates one child should be removed from the household. Parents who commit incest rarely stop with one child. Ignoring such …
The Parental Discipline Defense In New Zealand: The Potential Impact Of Reform In Civil Proceedings, Jennifer A. Brobst
The Parental Discipline Defense In New Zealand: The Potential Impact Of Reform In Civil Proceedings, Jennifer A. Brobst
North Carolina Central Law Review
No abstract provided.
The Plight Of Putative Father: Public Policy V. Paternity Fraud, Maegan Padgett
The Plight Of Putative Father: Public Policy V. Paternity Fraud, Maegan Padgett
West Virginia Law Review
No abstract provided.
The Open-Records Debate: Balancing The Interests Of Birth Parents And Adult Adoptees, Caroline B. Fleming
The Open-Records Debate: Balancing The Interests Of Birth Parents And Adult Adoptees, Caroline B. Fleming
William & Mary Journal of Race, Gender, and Social Justice
No abstract provided.
Contesting Gender In Popular Culture And Family Law: Middlesex And Other Transgender Tales, Susan Frelich Appleton
Contesting Gender In Popular Culture And Family Law: Middlesex And Other Transgender Tales, Susan Frelich Appleton
Indiana Law Journal
No abstract provided.
Child Sex Abuse Victims: How Will Their Stories Be Heard After Crawford V. Washington?, Erin Thompson
Child Sex Abuse Victims: How Will Their Stories Be Heard After Crawford V. Washington?, Erin Thompson
Campbell Law Review
This comment focuses on the Confrontation Clause's interpretation throughout history and demonstrates the adverse effects the current state of the law has on child sex abuse victims like Alice and Bonnie. As such, the United States Supreme Court should declare that current statutory protections for child sex abuse victims are valid exceptions to the Confrontation Clause. Additionally, states should be encouraged to establish these statutes where they do not exist.
Federalism's Fallacy: The Early Tradition Of Federal Family Law And The Invention Of States' Rights, Kristin Collins
Federalism's Fallacy: The Early Tradition Of Federal Family Law And The Invention Of States' Rights, Kristin Collins
Faculty Scholarship
By examining the history of the federal government's role in the regulation of the family, this article joins the work of others who in recent years have begun to piece together the history of the federal government's role in crafting domestic relations law and policy.'8 Much of this attention has focused on federal involvement in domestic relations in the late nineteenth and early twentieth centuries, with relatively less consideration given to the pre-Civil War period. Though recent contributions to this field have helped to cure this imbalance, 19 there remains a strong sense, especially among lawyers and judges, that …
Parental Rights Movement On Utah's Capitol Hill Should Not Make Gains At The Expense Of The State's Children, David B. Dibble
Parental Rights Movement On Utah's Capitol Hill Should Not Make Gains At The Expense Of The State's Children, David B. Dibble
Brigham Young University Education and Law Journal
No abstract provided.
A New Era Of Dead-Beat Dads: Determining Social Security Survivor Benefits For Children Who Are Posthumously Conceived, Ann-Patton Nelson
A New Era Of Dead-Beat Dads: Determining Social Security Survivor Benefits For Children Who Are Posthumously Conceived, Ann-Patton Nelson
Mercer Law Review
In Gillett-Netting v. Barnhart, the United States Court of Appeals for the Ninth Circuit held that posthumously conceived children born to a married couple were dependent under the Social Security Act ("Act") and entitled to child's survivor benefits. The posthumously conceived children in Gillett-Netting were born as a result of an in vitro fertilization process conducted after the husband's death. After the birth of her twins, the mother filed for benefits under the Act based on her late husband's earnings. The court ruled that because the twins were their father's legitimate children under Arizona law, they were to be …
Unwed Fathers' Rights In Adoption: The Virginia Code Vs. The Uniform Adoption Act, Erin Green
Unwed Fathers' Rights In Adoption: The Virginia Code Vs. The Uniform Adoption Act, Erin Green
William & Mary Journal of Race, Gender, and Social Justice
No abstract provided.
Who's Your Daddy?: Challenging The Application Of The Best Interest Of The Child Standard To Adults And In The Context Of An Intestate Estate, Tyler E. Heffron
Who's Your Daddy?: Challenging The Application Of The Best Interest Of The Child Standard To Adults And In The Context Of An Intestate Estate, Tyler E. Heffron
ExpressO
This article includes a discussion of (1) whether the best interest of the child standard should apply to an adult, (2) whether the best interest of the child standard should apply in the context of an intestate estate, and (3) whether the Kansas Probate Code should defer heirship challenges to the Kansas Parentage Act. The article, following case law from New Mexico and statutes from Georgia, concludes that the best interest of the child standard should not apply to an adult or in the context of an intestate estate. The article proposes an amendment to the Kansas Probate Code.
Yaros-Hakak V. Attorney General, Aharon Barak, Miriam Naor, Eliezer Rivlin, Mishael Cheshin, Dorit Beinisch, Asher Grunis, Jacob Turkel, Eliahu Mazza, Edmond E. Levy
Yaros-Hakak V. Attorney General, Aharon Barak, Miriam Naor, Eliezer Rivlin, Mishael Cheshin, Dorit Beinisch, Asher Grunis, Jacob Turkel, Eliahu Mazza, Edmond E. Levy
Translated Opinions
Facts: The appellants are two women who live together in a single-sex relationship. The appellants gave birth to two children and one child respectively, by means of anonymous sperm donations. They are raising the three children jointly. The appellants applied to the Family Court for adoption orders, so that each of the appellants could adopt the other’s children. The applications were dismissed in limine by the Family Court and, on appeal, by the District Court (by majority opinion), on the grounds that the appellants were not competent to adopt under the provisions of the Adoption of Children Law. The appellants …
Regulation, Subsidy Receipt And Provider Characteristics: What Predicts Quality In Child Care Homes?, Abbie Raikes, Helen Raikes, Brian Wilcox
Regulation, Subsidy Receipt And Provider Characteristics: What Predicts Quality In Child Care Homes?, Abbie Raikes, Helen Raikes, Brian Wilcox
Center on Children, Families, and the Law: Faculty Publications
Far less is known about predictors of quality for family child care homes than for child care centers. The current study of 120 randomly-selected family child care providers in four Midwestern states examined distal, state policy-level variables (family child care regulations and the concentration of children cared for who received public child care subsidies, referred to as subsidy density), and proximal, provider-level variables (providers’ level of education and reported annual training hours) as influences on global quality and caregiver sensitivity. More regulation, lower subsidy density, higher levels of provider education and more training hours were associated with higher global quality …
Delinquency And Gun Violence: The Intervening Role Of Values Toward Guns, Ryan Spohn
Delinquency And Gun Violence: The Intervening Role Of Values Toward Guns, Ryan Spohn
Center on Children, Families, and the Law: Faculty Publications
The current research project examines the intervening role of values towards gun possession and gun use in predicting involvement of high school-aged males in general delinquency and gun-related delinquency. As the first step of the project, we examine the factors that influence the values that the youth have towards gun possession and gun use. The most important factors producing positive values towards guns are a need for protection, having friends who carry guns, being a gang member, and being a victim of a gun crime. In contrast, frequency of church attendance reduces such values. As the next step, we examined …
The Business Of Intimacy: Bridging The Private-Private Distinction, Martha M. Ertman
The Business Of Intimacy: Bridging The Private-Private Distinction, Martha M. Ertman
Faculty Scholarship
No abstract provided.
Telling Stories, Saving Lives: The Battered Mothers' Testimony Project, Women's Narratives, And Court Reform, Leigh S. Goodmark
Telling Stories, Saving Lives: The Battered Mothers' Testimony Project, Women's Narratives, And Court Reform, Leigh S. Goodmark
Faculty Scholarship
No abstract provided.
Eligibility For Medical & Family Leave Under The Fmla: Development Of The Statutory Text 1985-1993, Workplace Flexibility 2010, Georgetown University Law Center
Eligibility For Medical & Family Leave Under The Fmla: Development Of The Statutory Text 1985-1993, Workplace Flexibility 2010, Georgetown University Law Center
Charts and Summaries of State, U.S., and Foreign Laws and Regulations
No abstract provided.
Fmla Scope, Coverage, And Eligibility, Workplace Flexibility 2010, Georgetown University Law Center
Fmla Scope, Coverage, And Eligibility, Workplace Flexibility 2010, Georgetown University Law Center
Charts and Summaries of State, U.S., and Foreign Laws and Regulations
No abstract provided.
Living With Leave Part I: Intermittent Leave, Workplace Flexibility 2010, Georgetown University Law Center
Living With Leave Part I: Intermittent Leave, Workplace Flexibility 2010, Georgetown University Law Center
Charts and Summaries of State, U.S., and Foreign Laws and Regulations
No abstract provided.
Length Of Medical & Family Leave Allowed Under The Fmla & Covered Employers' Number Of Employees: Development Of Statutory Text (1985-1993), Workplace Flexibility 2010, Georgetown University Law Center
Length Of Medical & Family Leave Allowed Under The Fmla & Covered Employers' Number Of Employees: Development Of Statutory Text (1985-1993), Workplace Flexibility 2010, Georgetown University Law Center
Charts and Summaries of State, U.S., and Foreign Laws and Regulations
No abstract provided.
Comparative Chart Of California’S Leave And Wage Replacement Laws, Workplace Flexibility 2010, Georgetown University Law Center
Comparative Chart Of California’S Leave And Wage Replacement Laws, Workplace Flexibility 2010, Georgetown University Law Center
Charts and Summaries of State, U.S., and Foreign Laws and Regulations
No abstract provided.
Legislation Proposed In The 108th Congress Relating To The Family And Medical Leave Act, Workplace Flexibility 2010, Georgetown University Law Center
Legislation Proposed In The 108th Congress Relating To The Family And Medical Leave Act, Workplace Flexibility 2010, Georgetown University Law Center
Charts and Summaries of State, U.S., and Foreign Laws and Regulations
No abstract provided.
George's Story: Voice And Transformation Through The Teaching And Practice Of Therapeutic Jurisprudence In A Law School Child Advocacy Clinic, Bernard P. Perlmutter
George's Story: Voice And Transformation Through The Teaching And Practice Of Therapeutic Jurisprudence In A Law School Child Advocacy Clinic, Bernard P. Perlmutter
Articles
No abstract provided.
In Search Of Paternal Equity: A Father's Right To Pursue A Claim Of Misrepresentation Of Fertility, Jill E. Evans
In Search Of Paternal Equity: A Father's Right To Pursue A Claim Of Misrepresentation Of Fertility, Jill E. Evans
Loyola University Chicago Law Journal
No abstract provided.
Same-Sex Marriage, Slippery Slope Rhetoric, And The Politics Of Disgust: A Critical Perspective On Contemporary Family Discourse And The Incest Taboo, Courtney Megan Cahill
Same-Sex Marriage, Slippery Slope Rhetoric, And The Politics Of Disgust: A Critical Perspective On Contemporary Family Discourse And The Incest Taboo, Courtney Megan Cahill
Scholarly Publications
No abstract provided.
Utah Prefers Married Couples, Scott H. Clark
Utah Prefers Married Couples, Scott H. Clark
St. Thomas Law Review
As early as March 2000, Utahns identified the apparent contradiction between Florida's prohibition of adoptions by homosexuals and its concurrent licensure of homosexuals as foster parents. Seeking to avoid the train wreck vividly exposed in the Lofton v. Secretary of the Department of Children & Family Services controversy, Utah lawmakers enacted a statute and corresponding regulations, which provide that legally married couples are preferred as prospective adoptive parents. Utah did not ban adoptions or foster parenting by single individuals, nor did it use sexual preference as a criterion for disqualification of prospective adoptive parents or prospective foster parents. In Utah, …
"Just" Married?: Same-Sex Marriage And A Hustory Of Family Plurality, Judith E. Koons
"Just" Married?: Same-Sex Marriage And A Hustory Of Family Plurality, Judith E. Koons
Michigan Journal of Gender & Law
To contribute to a full moral deliberation about same-sex marriage, this Article inquires into the meanings of marriage, sexuality, and family from historical and narrative perspectives that are situated at the intersection of religious and political domains.
Living With Leave Part Ii: Notice, Designation, And Substitution Of Leave Issues, Workplace Flexibility 2010, Georgetown University Law Center
Living With Leave Part Ii: Notice, Designation, And Substitution Of Leave Issues, Workplace Flexibility 2010, Georgetown University Law Center
Charts and Summaries of State, U.S., and Foreign Laws and Regulations
No abstract provided.
Gay And Lesbian Adoption: Banishing The Pied Piper, Amy D. Ronner
Gay And Lesbian Adoption: Banishing The Pied Piper, Amy D. Ronner
St. Thomas Law Review
In my recent book, Homophobia and the Law, Robert Browning's Pied Piper, "the strangest figure" with a "queer long coat from heal to head, inducts a core chapter, the one on Children. After all, it is this notorious Pied Piper, who absconds with the town's children, leads them through a "wondrous portal" into the mountain-side cave, and renders their laughter inaudible forever. The Pied Piper has evolved into a menacing conceit that perpetuates discrimination against gay and lesbian couples. It is predicated on an irrational notion that homosexuals will, by coaxing children toward their own sexual orientation, seal them in …