Family Law Commons^™

Same-Sex Marriage In New York, Lewis A. Silverman

Scholarly Works

No abstract provided.

Adult's Sexual Orientation And State Determinations Regarding Placement Of Children, Michael S. Wald

ExpressO

No abstract provided.

The Constitutional Rights Of Non-Custodial Parents, David D. Meyer

Faculty Scholarship

No abstract provided.

One More Time: Alimony, Intuition, And The Remarriage-Termination Rules, Judicial Termination Rules, Al Termination Rule, Cynthia Lee Starnes

Indiana Law Journal

No abstract provided.

The Constitutional Rights Of Non-Custodial Parents, David D. Meyer

Faculty Scholarship

No abstract provided.

Untying The Knot: An Analysis Of The English Divorce And Matrimonial Causes Court Records, 1858-1866, Danaya C. Wright

ExpressO

This paper is an analysis of the petitions, answers, affidavits, and court docket for the first nine years of the English divorce and matrimonial causes court. It examines in detail the child custody, alimony, gender, and class components of the court’s first nine years. After analyzing the petitions and court docket along gender lines for the different causes of action (divorce, separation, annulment, and restitution of conjugal rights), and their success rate by gender and by age of the marriage, it then breaks down marriages by age and speculates on a variety of causes for the different results and considers …

Bond Repudiation, Tax Codes, The Appropriations Process And Restitution Post-Eminent Domain Reform, John H. Ryskamp

ExpressO

This brief comment suggests where the anti-eminent domain movement might be heading next.

Vicious Circle: Coptic Divorce Between Positive Law And Canon Law, Jacqueline Samir Saad

Archived Theses and Dissertations

No abstract provided.

The Regulation Of Intercountry Adoption, Mary E. Hansen, Daniel Pollack

ExpressO

As of January 2006, the United States was the only major receiver of children through intercountry adoption that had not implemented the 1993 Hague Convention on Intercountry Adoption. The U.S. signed the Hague Convention in 1994, but did not pass implementing legislation until 2000. Regulations pursuant to the legislation were proposed in 2003, but final regulations did not go into effect until March 2006. The slow pace was partly the result of Congressional wrangling over designation of a regulator and partly the result of a prolonged conversation between the designated regulator and the adoption community over specific regulations.

Finalization of …

Amir V. The Great Rabbinical Court In Jerusalem, Ayala Procaccia, Mishael Cheshin, Salim Joubran

Translated Opinions

[This abstract is not part of the Court's opinion and is provided for the reader's convenience. It has been translated from a Hebrew version prepared by Nevo Press Ltd. and is used with its kind permission.]

This petition puts to the test the question of the Rabbinical Court's authority to adjudicate a property dispute between a couple after the divorce proceeding between them has been completed, and it focuses on an alleged breach of the divorce agreement by one member of the couple. Is the matter within the jurisdiction of the Rabbinical Court or is it within the power of …

Marriage Mimicry: The Law Of Domestic Violence, Ruth Colker

William & Mary Law Review

In this Article, Professor Colker argues that the legal system does not simply privilege those in marital relationships but has now begun to privilege those in "marriage-like" relationships through what she terms a marriage-mimicry model. She uses the law of domestic violence to critique this model. She traces the haphazard development of the law of domestic violence and argues that it has served to underprotect many of the victims of domestic violence because lawmakers have reflexively only provided legal recourse for those in marriage-like relationships without asking who is most in need of legal protection. She argues that the legal …

Methamphetamine Addiction, Treatment, And Outcomes: Implications For Child Welfare Workers, Cathleen Otero, Sharon Boles, Nancy Young, Kim Dennis

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

Methamphetamine is a highly addictive stimulant associated with serious health and psychiatric conditions, including heart damage and brain damage, impaired thinking and memory problems, aggression, violence, and psychotic behavior. Methamphetamine is also associated with the transmission of infectious diseases such as HIV/AIDS and hepatitis.

Child welfare workers are seeing growing numbers of children and families affected by the parent’s use of methamphetamine. In order to make sound decisions for the benefit of children and families, child welfare workers need accurate information about methamphetamine, its effects on parents and their children, and the effectiveness of treatment. This paper presents the most …

The Legal Status Of Pregnant And Parenting Youth In Foster Care, Cynthia Godsoe, Eve Stotland

Faculty Scholarship

No abstract provided.

Conceptualizing Violence Against Pregnant Women, Deborah Tuerkheimer

Indiana Law Journal

No abstract provided.

Family Boundaries: Third-Party Rights And Obligations With Respect To Children, Joanna L. Grossman

Hofstra Law Faculty Scholarship

The article introduces the topics discussed within the issue, which defines the law pertaining to the rights and obligations of a third parties with respect to children in the U.S. According to the author, the articles regard whether the law should recognize a continuum of those adults with claims to children in which a third party might deserve more or fewer rights based on his relationship with the child. In the article "Philosophy, Morality and Parental Priority," the fundamental right of parents to raise their children is being dealt with. Another article talks about the rights of same-sex partners in …

Factors That Influence Domestic Violence Convictions In "No Drop Policy" Trials, Kim D. Akinyanju

Sociology & Criminal Justice Theses & Dissertations

The purpose of this study is to investigate the factors that significantly influence conviction rates in domestic violence no drop policy trials. Literature heavily supports the position that factors.-such as physical evidence, police officer testimony, and cooperative victim testimony can help prosecutors increase conviction rates. This research utilizes data collected by Smith et al. (2001) on domestic violence trials in four cities that have implemented the no drop policy. Analyses revealed that various types of physical evidence do not significantly influence convictions in no drop policy trials. Cooperative victim testimony, however, does significantly influence conviction rates and in addition significantly …

The Use Of Hair Analysis To Test Children For Exposure To Methamphetamine, Michael T. Flannery, Jerry Jones, Karen Farst, Karen Bord Worley

Law Faculty Scholarship

No abstract provided.

The Evolution-Or End-Of Marriage?: Reflections On The Impasse Over Same-Sex Marriage, Linda C. Mcclain

Faculty Scholarship

The debate over legalization of same-sex marriage implicates the question of whether doing so would signal the end - or destruction - of the institution of marriage, or instead would be an appropriate evolution of marriage laws that is in keeping with the ends of marriage and with relevant public values. This essay comments on an earlier published debate on that question: Special Issue: The Evolution of Marriage, 44 Family Court Review 33-105 (2006). The essay contends that the appeal to preserving a millennia-old tradition of marriage against destruction fails to reckon with the evolution of the institution of civil …

Multi-Tiered Marriage: Ideas And Influences From New York And Louisiana To The International Community, Joel A. Nichols

ExpressO

This Article contends that American society needs to hold a genuine discussion about alternatives to current conceptions of marriage and family law jurisdiction. Specifically, the Article suggests that the civil government should consider ceding some of its jurisdictional authority over marriage and divorce law to religious communities that are competent and capable of adjudicating the marital rites and rights of their respective adherents. There is historical precedent and preliminary movement toward this end -- both within and without the United States -- which might serve as the framework for further discussions.

Within the United States, the relatively new covenant marriage …

Legal Archaeology And Feminist Legal Theory: A Case Study Of A Violation Of A Protective Order , Debora L. Threedy

ExpressO

This article explores the intersection between the field of legal archaeology and feminist legal theory through the medium of a case study of the prosecution of the violation of a protective order.

Both legal archaeology and feminist theory employ “bottom up,” or grounded, theorizing; that is, they begin with specific context and move from there to generalization or abstraction, rather than the other way around. And both operate from a critical perspective that consciously challenges what we think we know about how law operates. For example, both are interested in exploring how systemic vulnerabilities, such as conscious or unconscious gender …

In The Best Interest Of The Child, Ellen L. Buckwalter

ExpressO

Each year more than 200,000 children in the United States are abducted by family members. When a child is abducted across international borders, the difficulties are compounded. Since the late 1970s, The Department of State’s Office of Children’s Issues has been contacted in approximately 16,000 cases involving children who were either abducted from the United States or prevented from returning to the U.S. by one of their parents.

The Hague Convention on the Civil Aspects of International Child Abduction (“the Convention”) adopted on October 24, 1980, reflects a worldwide concern about the harmful effects that parental kidnapping has on children …

Principles Of U.S. Family Law, Vivian E. Hamilton

ExpressO

What explains U.S. family law? To answer this question, this Article undertakes a conceptual analysis of the legal practices that govern families. This analysis has yet to be done, and its absence hamstrings constructive thought on our family law. The Article develops a typology that conceptualizes U.S. family law and exposes its underlying principles: First, it identifies the significant elements, or rules, of family law. Second, it demonstrates that these rules reflect or embody four important concepts – conjugality, privacy (familial as well as individual), contract, and parens patriae. Finally, it shows that the concepts of family law in turn …

Contracting Out Of The Culture Wars: How The Law Should Enforce And Communities Of Faith Should Encourage More Enduring Marital Commitments, Jamie A. Aycock

ExpressO

This article attempts to transcend the “culture wars” as they are played out in the family law arena by drawing on postmodern values, such as individualism and neutrality, to allow individuals who so desire to choose to emphasize more traditional or communitarian values, such as interdependence and attachment. This article argues, then, as others have, that the role of contract in marriage should be extended for those who choose to agree to additional terms. Here, the argument goes a step further, however, by positing an active, positive role for communities of faith to play in a marriage regime of expanded …

The Punishment Of Dixie Shanahan: Is There Justice For Battered Women Who Kill?, Leigh Goodmark

ExpressO

The article explores the prevailing theories justifying criminal punishment in the United States through the lens of the case of Dixie Shanahan, an Iowa woman who was sentenced to fifty years imprisonment for killing her abusive spouse after nineteen years of battering. The article begins with a detailed examination of the life of Dixie Shanahan and places her within the context of the literature on battered women who kill. The piece then looks at both retributivist and utilitarian justifications for punishment and concludes that only a retributivist rationale justifies the punishment of Ms. Shanahan and other battered women who kill, …

Prenuptial Agreements: A New Reason To Revive An Old Rule, Jeffrey G. Sherman

All Faculty Scholarship

No abstract provided.

"God's Created Order," Gender Complementarity, And The Federal Marriage Amendment, Linda C. Mcclain

Brigham Young University Journal of Public Law

No abstract provided.

The Supreme Court And Same-Sex Marriage: A Prediction , Robert E. Riggs

Brigham Young University Journal of Public Law

No abstract provided.

Same-Sex Marriage: When Will It Reach Utah?, Robert Wintemute

Brigham Young University Journal of Public Law

No abstract provided.

Federal Constitutional Protection For Marriage: Why And How, Lynn D. Wardle

Brigham Young University Journal of Public Law

No abstract provided.

Constitutional Thematics And The Peculiar Federal Marriage Amendment, Scott Dodson

Brigham Young University Journal of Public Law

No abstract provided.