Family Law Commons^™

Pace Law Review Symposium: New York Matrimonial Commission - Introduction, Judith S. Kaye

Pace Law Review

No abstract provided.

Justice Abandoned: Forty Years Of Stalemate In Actions For Divorce On The Ground Of Abandonment, Dolores Gebhardt, Sondra Miller

Pace Law Review

No abstract provided.

Comments On The Miller Commission Report: A California Perspective, Leonard Edwards

Pace Law Review

No abstract provided.

"Bad" Mothers And Spanish-Speaking Caregivers, Annette R. Appell

Nevada Law Journal

No abstract provided.

Connecticut Court Improvement Program Reassessment, Diane Gout, Karen Monahan, Anita St. Onge, Jean Bessette, Sameer Mahimkar

Children, Youth, & Families

In 2003, the U.S. Department of Health and Human Services, Children’s Bureau issued a program instruction that requires states to conduct a reassessment. The purpose of the reassessment is to update each state’s earlier assessment of court performance in processing child welfare cases and also to determine what progress has been made since the original assessments.

Rhode Island Family Court And The Best Interests Of Children, Alexandra Arnold

Senior Honors Projects

With the continuous rise of the divorce rate in America, there is also an increase in the number of children and adolescents who must suffer through the divorce along with their parents. For some, the divorce is a relief and can be a positive change in their lives. For others, it is difficult and devastating, filled with conflict and tension. Whatever the circumstances, there are permanent effects that children experience as a result of their parents’ divorce. These effects of divorce on children are becoming better known as generations of children grow up in a single parent home. The court …

The Personal Is Political-And Economic: Rethinking Domestic Violence, Deborah M. Weissman

BYU Law Review

No abstract provided.

The Genuine Article: A Subversive Economic Perspective On The Law's Procreationist Vision Of Marriage, Courtney Megan Cahill

Scholarly Publications

No abstract provided.

De Facto Marriage In West Viginia: If The Court Recognizes The Relationship For Alimony, Why Not For Probate?, Lisa M. Gunno

West Virginia Law Review

No abstract provided.

Pangloss, Patrick O. Gudridge

University of Miami Law Review

No abstract provided.

Ethics Schmethics: The Schiavo Case And The Culture Wars, Kenneth Goodman

University of Miami Law Review

No abstract provided.

Wanted! Dead And/Or Alive: Choosing Among The Not-So-Uniform Statutory Definitions Of Death, Jason L. Goldsmith

University of Miami Law Review

No abstract provided.

Assault On The Judiciary: Judicial Response To Cirticism Post-Schiavo, Meghan K. Jacobson

University of Miami Law Review

No abstract provided.

Schiavo: The Road Not Taken, Mary I. Coombs

University of Miami Law Review

No abstract provided.

A Child's Right: What Should The State Be Required To Provide To Teenagers Aging Out Of Foster Care, Katherine M. Swift

William & Mary Bill of Rights Journal

Teenagers aging out of foster care face harms that can be traced to their lack of preparation for adulthood. This Article argues that teenagers in foster care have a substantive due process right to services not only while they are in state custody but also after they age out of care. The lower federal courts have interpreted the Supreme Court's decision in DeShaney v. Winnebago County Department of Social Services to mean that foster children-like prisoners and mentally retarded people held in state custody-have a substantive due process right to personal safety. What the courts have not considered is how …

A Legal Autopsy Of The Lawyering In Schiavo: A Therapeutic Jurisprudence/Preventive Law Rewind Exercise, Bruce J. Winick

University of Miami Law Review

No abstract provided.

Schiavo And Contemporary Myths About Dying, Rebecca Dresser

University of Miami Law Review

No abstract provided.

Fear Of Prescribing: How The Dea Is Infringing On Patients' Right To Palliative Care, Ashley Bruce Trehan

University of Miami Law Review

No abstract provided.

Between Home And School, Laura A. Rosenbury

UF Law Faculty Publications

This article challenges family law's traditional paradigm for allocating authority between parents, children and the state. Pursuant to that paradigm, parents enjoy almost complete authority over their children while at home; the state may require children to attend school and may regulate school curricula; and children must submit to the authority of either their parents or teachers. This settled equilibrium ignores a fundamental reality: children are not confined to home and school. Much of childhood takes place in spaces between home and school, at playgrounds, churches, sporting fields, music rooms and after-school clubs. Family law has been virtually silent about …

The Good, The Bad & The Ugly - A New Way Of Looking At The Intercountry Adoption Debate, Jena Martin

Law Faculty Scholarship

No abstract provided.

Suppose The Schindlers Had Won The Schiavo Case, Alan Meisel

University of Miami Law Review

No abstract provided.

A New Model For Media Criticism: Lessons From The Schiavo Coverage, Lili Levi

University of Miami Law Review

No abstract provided.

(Mis)Framing Schiavo As Discrimination Against Persons With Disabilities, Leslie Pickering Francis, Anita Silvers

University of Miami Law Review

No abstract provided.

Family Structure, Children, And Law, Vivian E. Hamilton

Faculty Publications

No abstract provided.

Recent Developments In Family Law In The District Of Columbia June 2004-June 2005, Matthew I. Fraidin

University of the District of Columbia Law Review

No abstract provided.

Student Rights: From In Loco Parentis To Sine Parentibus And Back Again? Understanding The Family Educational Rights And Privacy Act In Higher Education, Britton White

Brigham Young University Education and Law Journal

No abstract provided.

Putting Your Eggs In Someone Else's Basket: Inserting Uniformity Into The Uniform Parentage Act's Treatment Of Assisted Reproduction, Kira Horstmeyer

Washington and Lee Law Review

No abstract provided.

The Genuine Article: A Subversive Economic Perspective On The Law's Procreationist Vision Of Marriage, Courtney Megan Cahill

Washington and Lee Law Review

No abstract provided.

Rethinking Visitation: From A Parental To A Relational Right , Ayelet Blecher-Prigat

ExpressO

The article proposes a new understanding of the right to visitation that challenges the common understanding of the right to visitation as a parental right and as an integral component of the cluster of rights associated with parental status. Instead, it suggests that visitation be understood as an independent right based on relational values. Understanding visitation as a parental right marginalizes relational values and thwarts the development of a coherent theory of visitation. The absence of such a theory could account for the perplexity plaguing visitation issues. Detaching visitation from the cluster of rights associated with parental status and constructing …

Taking Responsibility Seriously: The Best Interests Of The Child And Spousal Laws, Shahar Lifshitz

ExpressO

This article calls for a rethinking of the modern boundaries between the regulation of spousal relations and the regulation of parenthood, including joint parenthood. My main argument is that important legal rules that are currently at the core of spousal law possess a dramatic influence on children’s lives. Thus, I will critique the current legal regulation that limits the influence of the best interests of the child principle to the regime of law that is currently classified as parent law but almost completely ignores its application in regimes currently classified as spousal law.

Apart from the theoretical discussion concerning the …