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Family Law Commons™

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2006

Discipline
Institution
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Publication
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Articles 91 - 120 of 185

Full-Text Articles in Family Law

Principled Parentage: Abandoning The Gender-Based Underpinnings Of Legal Parentage Analysis As Applied In The Context Of Gestational Surrogacy, Jennifer A. Kimball Feb 2006

Principled Parentage: Abandoning The Gender-Based Underpinnings Of Legal Parentage Analysis As Applied In The Context Of Gestational Surrogacy, Jennifer A. Kimball

ExpressO

While reproductive technology has provided new options for women who want children, our legal understanding of parentage is still informed by the traditional conception model of two parents: one male and one female. A parent who both is a biological parent and has developed a parent-child relationship with a genetic child ought to be considered a legal parent as well. This conclusion ought not to be vulnerable to attack based on the gender of the other parent; rather, each parent’s claims should be evaluated independently. When gender becomes irrelevant and we abandon the gender-based underpinnings of legal parentage analysis as …


Bringing Up Baby: Adoption, Marriage, And The Best Interests Of The Child, Robin Fretwell Wilson, W. Bradford Wilcox Feb 2006

Bringing Up Baby: Adoption, Marriage, And The Best Interests Of The Child, Robin Fretwell Wilson, W. Bradford Wilcox

Faculty Scholarship

In the piece, Professor Brad Wilcox and I ask who should care for children when their biological parents cannot? This is a question of potentially explosive dimensions under new definitions of legal parentage proposed in this volume of the WILLIAM & MARY BILL OF RIGHTS JOURNAL. This question is also important today for evaluating state adoption laws. A significant number of states bar consideration of a prospective adopter’s marital or non-marital status. We believe these laws miss an important opportunity to maximize the best interests of each child being placed. In this piece, we take an exclusively child-centered approach, drawing …


The Constitutionality Of Best Interests Parentage, David D. Meyer Feb 2006

The Constitutionality Of Best Interests Parentage, David D. Meyer

Faculty Scholarship

No abstract provided.


Foster Children Paying For Foster Care, Daniel L. Hatcher Feb 2006

Foster Children Paying For Foster Care, Daniel L. Hatcher

All Faculty Scholarship

This Article examines the legality and policy concerns of state foster care agencies using children's Social Security benefits as a state funding stream. The practice requires foster children who are disabled or have deceased or disabled parents to pay for their own care. Often with the assistance of private consultants under contingency fee contracts, agencies look for children who are eligible for Social Security benefits and interject themselves as the children's representative payees. Rather than using the benefits to serve the children's unmet needs, the agencies use their fiduciary power to access the children's benefits and apply the funds to …


Parentage At Birth: Birthfathers And Social Fatherhood, Nancy E. Dowd Feb 2006

Parentage At Birth: Birthfathers And Social Fatherhood, Nancy E. Dowd

UF Law Faculty Publications

Deciding who should be a child's legal parents at birth seems a simple task. Instinctively, the answer is the child's biological mother and father. Historically, the answer would have been different depending on whether the child was born within a marriage or not; marriage trumped biology, at least with respect to fathers. A husband was generally presumed to be the father of a child born to his wife, even if there was no genetic connection. A number of changes have moved parentage away from the marital/genetic/patriarchal model that valued the marital family above genes or social fatherhood. Modern principles of …


Parentage At Birth: Birthfathers And Social Fatherhood, Nancy E. Dowd Feb 2006

Parentage At Birth: Birthfathers And Social Fatherhood, Nancy E. Dowd

William & Mary Bill of Rights Journal

No abstract provided.


The Constitutionality Of Best Interests Parentage, David D. Meyer Feb 2006

The Constitutionality Of Best Interests Parentage, David D. Meyer

William & Mary Bill of Rights Journal

No abstract provided.


Bringing Up Baby: Adoption, Marriage, And The Best Interests Of The Child, Robin Fretwell Wilson, W. Bradford Wilcox Feb 2006

Bringing Up Baby: Adoption, Marriage, And The Best Interests Of The Child, Robin Fretwell Wilson, W. Bradford Wilcox

William & Mary Bill of Rights Journal

No abstract provided.


Protecting Children By Preserving Parenthood, Jane C. Murphy Feb 2006

Protecting Children By Preserving Parenthood, Jane C. Murphy

William & Mary Bill of Rights Journal

No abstract provided.


To Protect And Defend: Assigning Parental Rights When Parents Are In Poverty, Karen Czapanskiy Feb 2006

To Protect And Defend: Assigning Parental Rights When Parents Are In Poverty, Karen Czapanskiy

William & Mary Bill of Rights Journal

No abstract provided.


The Constitutionality Of Best Interests Parentage, David D. Meyer Feb 2006

The Constitutionality Of Best Interests Parentage, David D. Meyer

Faculty Scholarship

No abstract provided.


Protecting Children By Preserving Parenthood, Jane C. Murphy Feb 2006

Protecting Children By Preserving Parenthood, Jane C. Murphy

All Faculty Scholarship

Establishing legal parentage, once a relatively straightforward matter of marriage and biology, has become increasingly complex. The determination of legal status as mother may now involve several women making claims based on genetic contribution, contract, status as gestational carrier or other bases. The debate about the best choice for children when adults are competing for parental status is ongoing, lively and filled with many voices. Less attention has been paid to a much larger, second category of cases - cases in which the law is faced with resolving the legal status of the one adult who may be available to …


A Child-Centered Approach To Parentage Law, James G. Dwyer Feb 2006

A Child-Centered Approach To Parentage Law, James G. Dwyer

William & Mary Bill of Rights Journal

No abstract provided.


Asymmetric Parenthood, Katharine K. Baker Jan 2006

Asymmetric Parenthood, Katharine K. Baker

All Faculty Scholarship

This analysis of the American Law Institute's Principles of Family Law, Chapter 3, examines how the Principles perceive the origins and extent of parental obligation. What is that makes someone financially responsible for a child? Perhaps surprisingly, the Drafters of this key chapter of the Principles spend remarkably little time analyzing that question. Instead, to determine who has parental obligation, the Principles rely on extant legal paternity and parenthood doctrine that is itself completely muddled. To determine the extent of parental obligation, the Principles employ a binary biological ideal of parenthood that fails to reflect reality for close to half …


Private Ordering Under The Ali Principles: As Natural As Status, Martha M. Ertman Jan 2006

Private Ordering Under The Ali Principles: As Natural As Status, Martha M. Ertman

Faculty Scholarship

No abstract provided.


To Protect And Defend: Assigning Parental Rights When Parents Are Living In Poverty, Karen Czapanskiy Jan 2006

To Protect And Defend: Assigning Parental Rights When Parents Are Living In Poverty, Karen Czapanskiy

Faculty Scholarship

No abstract provided.


Marriage, Biology, And Paternity: The Case For Revitalizing The Marital Presumption, Jana B. Singer Jan 2006

Marriage, Biology, And Paternity: The Case For Revitalizing The Marital Presumption, Jana B. Singer

Faculty Scholarship

This article examines the recent history and current status of the marital presumption of paternity. It explores the social, economic and legal developments that have contributed to the erosion of the presumption, focusing in particular on the efforts of federal and state governments to identify and collect financial support from unmarried biological fathers. The article then describes the procedural and equitable doctrines that some courts and legislatures have used to bolster the marital presumption in the face of conflicting biological evidence. Finding these approaches problematic, the article advocates a revitalized marital presumption as a substantive rule of law. It argues …


The Temporally Extended Family & Self-Control: An Essay For Lee E. Teitelbaum, Manuel A. Utset Jan 2006

The Temporally Extended Family & Self-Control: An Essay For Lee E. Teitelbaum, Manuel A. Utset

Scholarly Publications

No abstract provided.


In Re Marriage Of Simmons: A Case For Transsexual Marriage Recognition, Katie D. Fletcher Jan 2006

In Re Marriage Of Simmons: A Case For Transsexual Marriage Recognition, Katie D. Fletcher

Loyola University Chicago Law Journal

No abstract provided.


Changing The Domestic Violence (Dis)Course: Moving From White Victim To Multi-Cultural Survivor, Adele M. Morrison Jan 2006

Changing The Domestic Violence (Dis)Course: Moving From White Victim To Multi-Cultural Survivor, Adele M. Morrison

Law Faculty Research Publications

No abstract provided.


Introducing The Construct Of The Jury Into Family Violence Proceedings And Family Court Jurisprudence, Melissa L. Breger Jan 2006

Introducing The Construct Of The Jury Into Family Violence Proceedings And Family Court Jurisprudence, Melissa L. Breger

Michigan Journal of Gender & Law

This Article draws upon both the theory of and research on procedural justice holding that litigants often focus on the appearance of fairness rather than on the actual outcome. Thus, when litigants are able to choose the modality of fact-finding, they may be more accepting of the legal process, even if the outcome is not favorable to them. Allowing the option of a jury, even if not exercised, may dramatically improve the perceptions of litigants and may affect the legitimacy and longevity of case outcomes.


Domestic Violence And The Lawyer As Good Samaritan: What Responsibility To Become Involved?, Debra Moss Curtis Jan 2006

Domestic Violence And The Lawyer As Good Samaritan: What Responsibility To Become Involved?, Debra Moss Curtis

Faculty Scholarship

In the United States, "Good Samaritan" laws are designed to protect from liability--in case things go wrong--those who choose to aid an injured stranger. The idea is to "reduce bystander's hesitation to assist" those in distress. Good Samaritan laws are clearly intended to cover immediate physical harm, as they tend to include the provision of first aid and the relief of the responsibility when trained assistance arrives. In other countries, Good Samaritan laws actually may require citizens to assist people, as long as it would not cause harm to the helper. These legal requirements were famously put into play recently …


A Privacy Right To Public Recognition Of Family Relationships - The Cases Of Marriage And Adoption, David D. Meyer Jan 2006

A Privacy Right To Public Recognition Of Family Relationships - The Cases Of Marriage And Adoption, David D. Meyer

Faculty Scholarship

No abstract provided.


All's Fair In Love And Divorce: Why Divorce Attorney's Fees Should Constitute A Dissipation Of Marital Assets In Order To Retain Equity In Marital Property Distributions, Sarah C. Acker Jan 2006

All's Fair In Love And Divorce: Why Divorce Attorney's Fees Should Constitute A Dissipation Of Marital Assets In Order To Retain Equity In Marital Property Distributions, Sarah C. Acker

American University Journal of Gender, Social Policy & the Law

No abstract provided.


The History Of Slave Marriage In The United States, 39 J. Marshall L. Rev. 299 (2006), Darlene C. Goring Jan 2006

The History Of Slave Marriage In The United States, 39 J. Marshall L. Rev. 299 (2006), Darlene C. Goring

UIC Law Review

No abstract provided.


Blue Mourning: Postpartum Psychosis And The Criminal Insanity Defense, Waking To The Reality Of Women Who Kill Their Children, 39 J. Marshall L. Rev. 515 (2006), Jessica Butterfield Jan 2006

Blue Mourning: Postpartum Psychosis And The Criminal Insanity Defense, Waking To The Reality Of Women Who Kill Their Children, 39 J. Marshall L. Rev. 515 (2006), Jessica Butterfield

UIC Law Review

No abstract provided.


No Genetic Ties, No More Fathers: Voluntary Acknowledgment Rescissions And Other Paternity Disestablishments Under Illinois Law, 39 J. Marshall L. Rev. 1295 (2006), Jeffrey A. Parness Jan 2006

No Genetic Ties, No More Fathers: Voluntary Acknowledgment Rescissions And Other Paternity Disestablishments Under Illinois Law, 39 J. Marshall L. Rev. 1295 (2006), Jeffrey A. Parness

UIC Law Review

No abstract provided.


More Than A Witness: The Role Of Custodial Parents In The Iv-D Child Support Process, Stacy Brustin Jan 2006

More Than A Witness: The Role Of Custodial Parents In The Iv-D Child Support Process, Stacy Brustin

Scholarly Articles

No abstract provided.


The Framers' Idea Of Marriage And Family, David F. Forte Jan 2006

The Framers' Idea Of Marriage And Family, David F. Forte

Law Faculty Contributions to Books

The founders understood the symbiotic connection between family virtues and civic virtues. They knew it through their study of the classics, through their imbibing of the Scottish enlightenment, through their understanding of the providential nature of the Judeo-Christian God, through their familiarity with self-governing liberty, and through their utter respect of their own human experience of living. They looked upon the family as a model in which man’s selfish impulses would be contained, where the coordination of practical tasks could be effectuated, and where sentiments of affection and mutual respect could bind a people into a nation. It was the …


"God's Created Order", Gender Complementarity, And The Federal Marriage Amendment, Linda C. Mcclain Jan 2006

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

Faculty Scholarship

Does marriage, in the United States, need the protection of an amendment to the federal constitution, which would enshrine marriage as only the union of a man and a woman? In answering "yes" to this question, sponsors and supporters of the Federal Marriage Protection Amendment (FMPA), in the House of Representatives and the Senate, have made various appeals to the gender complementarity of marriage: (1) opposite-sex marriage is part of "God's created order;" (2) procreation is the purpose of marriage and has a tight nexus with optimal mother/father parenting; (3) marriage bridges the "gender divide" by properly ordering heterosexual desire …