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Articles 61 - 90 of 144
Full-Text Articles in Family Law
Comments: Whose Baby Is It Anyway? The Current And Future Status Of Surrogacy Contracts In Maryland, Ashley E. Bashur
Comments: Whose Baby Is It Anyway? The Current And Future Status Of Surrogacy Contracts In Maryland, Ashley E. Bashur
University of Baltimore Law Review
No abstract provided.
An Assessment Of Cross-National Variation In Rates Of Incarceration, Ryan Spohn, Travis Linnemann
An Assessment Of Cross-National Variation In Rates Of Incarceration, Ryan Spohn, Travis Linnemann
Center on Children, Families, and the Law: Faculty Publications
Our theoretical approach compares the relative efficacy of multiple theories of law and social control. From a general social threat perspective, we find that variables reflecting the size of the unemployed youth population and general measures of income inequality have positive impacts on a nation's rates of incarceration. We also find partial support for one of Durkheim's laws of quantitative change and penal evolution, in that, all else equal, nations with a more authoritarian form of government utilize incarceration at a higher rate than their more democratic counterparts. We also find that the institutional anomie perspective, which has previously been …
Family Law In The Twenty-First Century: An Annotated Bibliography, Nancy Levit
Family Law In The Twenty-First Century: An Annotated Bibliography, Nancy Levit
Faculty Works
The twenty-first century will bring, among other things, an explosion of technology (in domains ranging from electronic to reproductive), greater personal mobility, and an aging population. Thus, this bibliography emphasizes cutting edge issues in areas as wide-ranging as elder law, electronic discovery, changes in the legal profession (such as internet advertising and provision of legal services), multidisciplinary and multijurisdictional practice, and the new world of reproductive technologies. This bibliography covers law review articles, A.L.R. entries, and some web articles published after 2002, with an emphasis on those in more recent years. The bibliography for the first time expands to include …
Practical Insights From An Empirical Study Of Cooperative Lawyers In Wisconsin, John M. Lande
Practical Insights From An Empirical Study Of Cooperative Lawyers In Wisconsin, John M. Lande
Faculty Publications
This article reports on a study of members of the Divorce Cooperation Institute (DCI), a group of Wisconsin lawyers who use a "Cooperative" process to provide a constructive and efficient negotiation process in divorce cases. The study involved in-depth telephone interviews and several surveys of DCI members. Although DCI members use this process only in divorce cases, it can be readily adapted for other types of cases.DCI's approach generally involves an explicit process agreement at the outset, based on principles of: (1) acting civilly, (2) responding promptly to reasonable requests for information, (3) disclosing all relevant financial information, (4) obtaining …
What Yoder Wrought: Religious Disparagement, Parental Alienation And The Best Interests Of The Child, Jeffrey Shulman
What Yoder Wrought: Religious Disparagement, Parental Alienation And The Best Interests Of The Child, Jeffrey Shulman
Villanova Law Review (1956 - )
No abstract provided.
Nonmartial Cohabitation: Social Revolution And Legal Regulation, Marsha Garrison
Nonmartial Cohabitation: Social Revolution And Legal Regulation, Marsha Garrison
Faculty Scholarship
No abstract provided.
Advocating For The Constitutional Rights Of Nonresident Fathers, Vivek Sankaran
Advocating For The Constitutional Rights Of Nonresident Fathers, Vivek Sankaran
Articles
Months after a child welaare case is petitioned, a nonresident father appears in court and requests custody of his children who are living in foster care. Little is known about the father, and immediately, the system-judge, caseworkers, and attorneys view him with suspicion and caution, inquiring about his whereabouts and his prior involvement in the children's lives. Those doubts, in turn, raise complicated questions about his legal rights to his children. As a practioner working in the child welfare system, you're likely to face this scenario. The largest percentage of child victims of abuse and neglect come from households headed …
Protocol For Attorneys Representing Parents In Child Protective Proceedings, Frank E. Vandervort, Vivek S. Sankaran
Protocol For Attorneys Representing Parents In Child Protective Proceedings, Frank E. Vandervort, Vivek S. Sankaran
Other Publications
This protocol is intended to guide attorneys through the strategic decisions they will need to make while representing parents in child protective cases. The protocol does not provide a comprehensive action-step checklist. Parents’ attorneys can find that kind of guidance in other resources, including the “How-To-Kit: Representing Parents in Child Protective Proceedings” by the Institute of Continuing Legal Education; “Guidelines for Achieving Permanency in Child Protection Proceedings” by Children’s Charter of the Courts of Michigan; and the American Bar Association’s “Standards of Practice for Attorneys Representing Parents in Abuse and Neglect Cases.”1 For its part, this protocol delves more substantively …
"Insuring" Quality: Restrictions On Legislative Control Of Partner Benefits At Kentucky's Public Universities, Jacinta Feldman Manning
"Insuring" Quality: Restrictions On Legislative Control Of Partner Benefits At Kentucky's Public Universities, Jacinta Feldman Manning
Kentucky Law Journal
No abstract provided.
Legal Status And Effect On Children, Margaret F. Brinig, Steven L. Nock
Legal Status And Effect On Children, Margaret F. Brinig, Steven L. Nock
Journal Articles
One of the haunting claims of each poor, unmarried mother in Edin and Kefalas' Promises I Can Keep is that at least she can guarantee she will love her child, even though she cannot promise to make a lifelong commitment to a mate. That love, each young mother says, will be a sustaining gift both to her and the child. Similarly, in work done by sociologists McLanahan and Garfinkel to counteract the claim that it was not single parenting that made children's prospects dim, but poverty, sociologists have found that many of the bad effects of single parenting go away …
Inconsistency In Illinois Adoption Law: Adoption Agencies' Uncertain Duty To Disclose, Investigate, And Inquire, Steve Mulligan
Inconsistency In Illinois Adoption Law: Adoption Agencies' Uncertain Duty To Disclose, Investigate, And Inquire, Steve Mulligan
Loyola University Chicago Law Journal
No abstract provided.
Ethical Issues In Collaborative Lawyering, Barbara Glesner Fines
Ethical Issues In Collaborative Lawyering, Barbara Glesner Fines
Faculty Works
No abstract provided.
Rights And Realities, Laura A. Rosenbury
Rights And Realities, Laura A. Rosenbury
UF Law Faculty Publications
The author responds to Melissa Murray's article, The Networked Family: Reframing the Legal Understanding of Caregiving and Caregivers, 94 Va. L. Rev. 385 (2008).
What The Erie Surrogate Triplets Can Teach State Legislatures About The Need To Enact Article 8 Of The Uniform Parentage Act (2000) , Robert E. Rains
What The Erie Surrogate Triplets Can Teach State Legislatures About The Need To Enact Article 8 Of The Uniform Parentage Act (2000) , Robert E. Rains
Cleveland State Law Review
This Article will explain the protracted legal battles over the "surrogate triplets" and explore potential legislation designed to avoid such battles in the future. While reasonable minds could certainly differ as to the wisdom of the legislative scheme proposed in Article 8 of the UPA (2000), or as to some of its details, surely it would be a vast improvement over the current situation in which most state legislatures have failed to address surrogacy through statutes and those that have done so have failed to act in a uniform manner. As the Erie triplets case amply demonstrates, the state courts …
A Plea For Permanence After Termination Of Parental Rights: Protecting The Best Interests Of The Child In Ohio, Daniel A. Starett
A Plea For Permanence After Termination Of Parental Rights: Protecting The Best Interests Of The Child In Ohio, Daniel A. Starett
Cleveland State Law Review
Ohio's R.C. 2151.313 must be amended to allow the courts to protect the best interest of the children for whom they are in place to serve, even if this means that occasionally a parent who was once adjudged to be incapable of caring for her child, and whose rights were subsequently terminated, may be the best, and often only, option to save that child from the dangers of the foster care system. Part II of this Note will explore the dangers of exposure to the foster care system, illustrate why we need to protect children from prolonged exposure to the …
Family Court Reform And Adr: Shifting Values And Expectations Transform The Divorce Process, Nancy Ver Steegh
Family Court Reform And Adr: Shifting Values And Expectations Transform The Divorce Process, Nancy Ver Steegh
Faculty Scholarship
During the last fifty years, the process of divorce has undergone a remarkable transformation. This article examines the sweeping breadth of the change and the underlying societal forces behind it. As the family court landscape has changed, a ripple effect has occurred necessitating reconsideration of the roles that lawyers and judges play in the divorce process. Although lack of judicial resources has fueled some of the change, deep funding cuts foreshadow a less positive transformation, one potentially resulting in a two-tiered system of justice for families.
Kiddie Law Is Growing Up: Board Certification In Child Welfare Law, Donald N. Duquette
Kiddie Law Is Growing Up: Board Certification In Child Welfare Law, Donald N. Duquette
Articles
Few areas of the law are as personally rewarding as child welfarethat is, representing children, parents, or a government agency in cases of alleged child abuse and neglect. Few areas of the law provide a greater opportunity to make a tremendous difference in the lives of individuals. Few areas of the law are as intellectually challenging, fast developing, and dynamic as child welfare. Until recently the child welfare field was demeaned as "kiddie law"-not worthy of the intellectual and advocacy talents of the best of America's lawyers. The field is steadily being transformed, however, from a sleepy, assembly-line processing of …
Navigating The Interstate Compact On The Placement Of Children: Advocacy Tips For Child Welfare Attorneys, Vivek Sankaran
Navigating The Interstate Compact On The Placement Of Children: Advocacy Tips For Child Welfare Attorneys, Vivek Sankaran
Articles
Legal advocates across the country confront hundreds of cases like Samira's each year. Many of those cases end with arms raised in frustration due to what appears to be a lack of options after the receiving state either fails to complete the home study or denies a placement. That frustration is understandabkle given the absence of language in the Compact outlining any process to compe states to complete home studies or to permit judicial review of placement denials. Yet, as advocates, we must move beyond this initial state of paralysis and develop creative ways to vindicate the rights of our …
In Good Times And In Debt: The Evolution Of Marital Agency And The Meaning Of Marriage, Marie T. Reilly
In Good Times And In Debt: The Evolution Of Marital Agency And The Meaning Of Marriage, Marie T. Reilly
Faculty Scholarship
A married person sometimes acts solely for herself and at other times on behalf of her spouse. If she incurs debt solely for herself, then only she is liable to the creditor. If, however, she incurs debt both for herself and on behalf of her spouse, both are liable – the debtor directly and the spouse indirectly by imputed liability. Before married women’s property reform, imputed marital liability followed from marital status. As marriage changed to recognize the legal individuality of both spouses, so too did the scope of a spouse’s imputed liability for the debts of the other spouse. …
Divorcing Family Law From The Nation, Philomila Tsoukala
Divorcing Family Law From The Nation, Philomila Tsoukala
Studio for Law and Culture
This paper examines the contribution of law and legal narrative in the generation of national identities, using modern Greece as a case study. It explores how claims of family law continuity and unity in nineteenth century Greece became the main mode of arguing for the existence of a Greek people, culturally distinct from their Ottoman oppressors. I argue that far from embodying any truth about Greek family law, these legal historical narratives constituted a reconceptualization of social relations on the national basis giving content to the relatively new concept of the “Greek people”. These narratives also made possible and reflected …
Seeking Shelter In Tough Times: Securing Housing For Youth Who Age Out Of Foster Care, Dale Margolin Cecka
Seeking Shelter In Tough Times: Securing Housing For Youth Who Age Out Of Foster Care, Dale Margolin Cecka
Law Faculty Publications
Across the country, everyone is talking about a "housing crisis." For youth who age out of foster care, just finding a place to sleep each night is always a struggle. We know that nationally, 54% of recently aged-out youth are homeless or unstably housed. In addition, these youth face higher rates of unemployment, undereducation, teen pregnancy, and incarceration. In the last few years, lawmakers, advocates, and child welfare practitioners have finally started paying attention to adolescents discharged from foster care. This article focuses on laws and programs that target housing issues facing youth aging out of foster care. It also …
Children, Kin And Court: Designing Third Party Custody Policy To Protect Children, Third Parties And Parents, Josh Gupta-Kagan
Children, Kin And Court: Designing Third Party Custody Policy To Protect Children, Third Parties And Parents, Josh Gupta-Kagan
Faculty Publications
No abstract provided.
Unintended Consequences: Why Congress Should Tread Lightly When Entering The Field Of Family Law, Elizabeth G. Patterson
Unintended Consequences: Why Congress Should Tread Lightly When Entering The Field Of Family Law, Elizabeth G. Patterson
Faculty Publications
No abstract provided.
Rhetorical Atavism And The Narrative Of Progress In The Debate Over Marriage Equality, Courtney Megan Cahill
Rhetorical Atavism And The Narrative Of Progress In The Debate Over Marriage Equality, Courtney Megan Cahill
Scholarly Publications
No abstract provided.
The Illusion Of Transformative Conflict Resolution: Mediating Domestic Violence In Nicaragua, Raquel Aldana, Leticia M. Saucedo
The Illusion Of Transformative Conflict Resolution: Mediating Domestic Violence In Nicaragua, Raquel Aldana, Leticia M. Saucedo
Buffalo Law Review
No abstract provided.
Ketubah, The Marriage Contract Under Jewish Law, And Its Application In Secular Legal Systems, Marketa Trimble
Ketubah, The Marriage Contract Under Jewish Law, And Its Application In Secular Legal Systems, Marketa Trimble
Scholarly Works
The article presents ketubah, an institute of Jewish law that is unknown in the current Czech academic literature; it describes its evolution and content, and the manner in which secular countries with large Jewish communities deal with it. Throughout the centuries ketubah achieved a standardized format that has been adjusted to local customs. Additionally, there are attempts to use ketubah to solve the problem of agunah – the problem of parties who have obtained a secular divorce but not a divorce under Jewish law because the other party prevented it. Some legal systems, such as those of the State of …
Are All Contracts Alike?, Margaret F. Brinig
Are All Contracts Alike?, Margaret F. Brinig
Journal Articles
This Article compares two sets of contracts that are structurally and contextually similar. They originate in two quite different fields, however: the commercial arena and the family. The contracts come from two separate empirical investigations. The first investigation studied 131 telecommunication interconnection agreements made between SBC Communications, Inc. ("SBC") and various local phone companies in Michigan beginning in 1998. The second investigation involved 141 divorce cases granted in 1998 in Johnson County, Iowa, all of which involved children, and 130 of which involved contracts, or "stipulations" as they are called locally. Though each empirical project has been described separately elsewhere, …
The Culture Differential In Parental Autonomy, Elaine M. Chiu
The Culture Differential In Parental Autonomy, Elaine M. Chiu
Faculty Publications
When the laws of a community reflect a dominant culture and yet many of its members are from other minority cultures, there is often conflict. When this conflict occurs in the legal regulation of the parent-child relationship, the consequences are tremendous for the children, the parents, and the State. This Article focuses on the federal statute criminalizing female genital surgeries, and, in doing so, it makes two major claims. The first claim is that the decisions of minority parents are scrutinized and regulated to a greater degree than the decisions of parents from the dominant culture, even when their decisions …
Red Thread Or Slender Reed: Deconstructing Prof. Bartholet's Mythology Of International Adoption, Johanna Oreskovic, Trish Maskew
Red Thread Or Slender Reed: Deconstructing Prof. Bartholet's Mythology Of International Adoption, Johanna Oreskovic, Trish Maskew
Journal Articles
No abstract provided.
A Comparison Of Child Advocacy Laws In Abuse And Neglect Cases In England And The United States, Pamela Newell
A Comparison Of Child Advocacy Laws In Abuse And Neglect Cases In England And The United States, Pamela Newell
Journal Articles
No abstract provided.