Family Law Commons^™

Bursting The Foundational Myths Of Reproductive Labor Under Capitalism: A Call For Brave New Families Or Brave New Villages? , Mary Romero

American University Journal of Gender, Social Policy & the Law

No abstract provided.

Caretakers, Entitlement, And Diversity , Twila L. Perry

American University Journal of Gender, Social Policy & the Law

No abstract provided.

Foundational Myths And The Reality Of Dependency: The Role Of Marriage , Ann Shalleck

American University Journal of Gender, Social Policy & the Law

No abstract provided.

Breaking Up Is Hard To Do: Comments On Martha Fineman's Cracking The Foundational Myths: Independence, Autonomy, And Self-Sufficiency, , Suzanna Danuta Walters

American University Journal of Gender, Social Policy & the Law

No abstract provided.

Why Lesbians And Gay Men Should Read Martha Fineman, Nancy D. Polikoff

American University Journal of Gender, Social Policy & the Law

No abstract provided.

Bursting The Foundational Myths Of Reproductive Labor Under Capitalism: A Call For Brave New Families Or Brave New Villages? , Mary Romero

American University Journal of Gender, Social Policy & the Law

No abstract provided.

Caretakers, Entitlement, And Diversity , Twila L. Perry

American University Journal of Gender, Social Policy & the Law

No abstract provided.

Lessons From China?: Keeping Divorce Rates Low In The Modern Era, Catherine R. Chyi

Global Business & Development Law Journal

No abstract provided.

Women's Rights In Islam Regarding Marriage And Divorce, Imani Jaafar-Mohammad, Charlie Lehmann

Journal of Law and Practice

No abstract provided.

Response To Beth Richie’S Black Feminism, Gender Violence And The Build-Up Of A Prison Nation, Kimberly D. Bailey

All Faculty Scholarship

No abstract provided.

Lost In Translation: Domestic Violence, "The Personal Is Political," And The Criminal Justice System, Kimberly D. Bailey

All Faculty Scholarship

No abstract provided.

Homogenous Rules For Heterogeneous Families: The Standardization Of Family Law When There Is No Standard Family, Katharine K. Baker

All Faculty Scholarship

The article explores the ironies involved in the contemporary enforcement of family obligations. As forms of intimate partnership and parenthood become ever more varied, the law of family obligation - child support, property division and alimony - has become increasingly routine and formulaic. As scholars increasingly call for more attention to the varied ways in which different individuals and communities structure their care networks and their intimate lives, the law of family obligation has become less, not more attentive to context. This piece explains how the law’s rejection of context is an understandable reaction to the growing diversity of family …

Culture, Dissent, And The State: The Example Of Commonwealth African Marriage Law, Johanna E. Bond

Scholarly Articles

This is an explosive time for those seeking to define the meaning and parameters of marriage. The subject has generated heated debate worldwide. In June 2010, the European Court of Human Rights declined to extend marriage rights to a gay Austrian couple, but the Court carefully laid the foundation for the recognition of such rights when a European consensus on the issue emerges. In July 2010, Argentina extended to same-sex couples the right to marry, joining nine other countries that legally recognize same-sex couples' right to marry. In August 2010, a United States district judge struck down a California ban …

Strategies Of Muslim Family Law Reform, Kristen Stilt, Swathi Gandhavadi

Faculty Working Papers

Family law in Muslim-majority countries has undergone tremendous change over the past century, and this process continues today with intensity and controversy. In general, this change has been considered one of "reform," defined loosely as the adoption of national laws to modify the rules of Islamic law (fiqh) that had been applicable and predominant in the particular country in an effort to improve the rights of women and children. In most Muslim-majority contexts, however, the rules of fiqh remain particularly (and in some jurisdictions uniquely) relevant in the area of family law, and the reform process is usually presented as …

Rethinking Parental Incarceration, Sarah Abramowicz

Law Faculty Research Publications

Recent changes in sentencing law, in the wake of cases interpreting Blakely v. Washington and United States v. Booker, have raised the possibility that courts sentencing parents may take children's interests into account more extensively than had previously been permissible. Now is thus an opportune time to reevaluate the merits of considering children's interests when sentencing parents. This Article uses the perspective of family law to offer a new rationale for, and a new approach to, taking children's interests into account when sentencing their parents. It does so by bringing out the connection between the debate over parental incarceration and …

In Search Of Guidance: An Examination Of Past, Present, And Future Adjudications Of Domestic Violence Asylum Claims, Barbara R. Barreno

Vanderbilt Law Review

L-R- is a Mexican woman who applied for asylum in the United States in 2005. She is one of countless victims of gender-based violence, which in recent decades has become a matter of international concern and which policymakers around the world have taken steps to combat. The United States has been among the nations that have made eliminating gender-based violence a priority by passing such legislation as the Violence Against Women Act ("VAWA") and by creating two special forms of visas for victims of domestic violence. While great strides have been taken to protect immigrant women who are already in …

What's Fair In Divorce Property Distribution? Cross-National Perspectives From Survey Evidence, Marsha Garrison

Faculty Scholarship

No abstract provided.

"We Can Work It Out": Using Cooperative Mediation - A Blend Of Collaborative Law And Traditional Mediation - To Resolve Divorce Disputes, Elena Langan

Faculty Scholarship

Elena Langan, "We Can Work it Out": Using Cooperative Mediation - a Blend of Collaborative Law and Traditional Mediation - to Resolve Divorce Disputes, 30 Review of Litigation 245 (2011). Divorce in modern day America is a product of legislative creation, designed as an adversarial process focused on rights and responsibilities.

Redefining Polygamy Among The Palestinian Bedouins In Israel: Colonialism, Patriarchy, And Resistance, Rawia Abu Rabia

American University Journal of Gender, Social Policy & the Law

No abstract provided.

Legal Reform, Social Policy, And Gendered Redistribution In Colombia: The Role Of The Family, Helena Alviar Garcia

American University Journal of Gender, Social Policy & the Law

No abstract provided.

Do Joint Parenting Laws Make Any Difference?, Margaret F. Brinig, Douglas W. Allen

Journal Articles

Using a unique data set on divorcing couples, we analyze the effects of a change in legal entitlement on the outcomes for divorcing couples. In particular, we analyze the 1997 change to custody provisions in the State of Oregon. Prior to 1997, Oregon assigned custody, based on the discretion of the court, in the best interests of the child. This was changed to a presumption- of joint parenting, which manifests in the courts encouraging and imposing joint (or shared) custody in cases that otherwise would have had sole custody arrangements. We find that the law had several implications for divorce …

Interstate Recognition Of Parent-Child Relationships: The Limits Of The State Interests Paradigm And The Role Of Due Process, Steve Sanders

Articles by Maurer Faculty

How secure are the legal relationships between gay or lesbian parents and their children when those families move from one state to another? What happens when a non-biological parent who has been legally recognized as a full parent under the laws of one state moves with her same-sex spouse and their child to a different state where public policy is unfriendly toward same-sex relationships? Or what happens when a same-sex couple adopts a child, thus becoming its full legal parents, then seeks recognition of their parental status in a different state?

In this Article I argue that the traditional doctrines …

The "Right" To Be Trafficked, Charles Piot

Indiana Journal of Global Legal Studies

The post-Cold War dispensation in Togo, West Africa, ushered in a new lexicon of politically salient terms, among them droits de 1'homme. Initially deployed in the early 1990s by members of the political opposition to expose dictatorial abuse, this potent signifier then found its way into society at large and, spurred by NGO support, was taken up by women's groups in struggles over gender inequality. This essay explores droits de l'homme's itinerary in the villages of northern Togo where teenage children embraced the term in proclaiming their freedom from parental control. Ironically, the same children now leave their villages to …

Annual Survey Of Periodical Literature, Nancy Ver Steegh

Faculty Scholarship

The Annual Review of Periodical Literature provides a sampling of law review articles published between November 1, 2009, and October 31, 2010. The survey highlights the variety and depth of family law scholarship produced during the year and calls attention to currently debated "hot topics." Readers are encouraged to read articles of interest in their entirety because the summaries included in the survey are necessarily abbreviated.

Introduction: For Love Or Money? Defining Relationships In Law And Life, Kimberly D. Krawiec, Marion Crain

Faculty Scholarship

No abstract provided.

No Difference?: An Analysis Of Same-Sex Parenting, George W. Dent

Faculty Publications

The principal argument for traditional marriage is that it is uniquely beneficial to children. The campaign for same-sex marriage (“SSM”) denies this argument and claims that same-sex couples are just as good as other parents; there is “no difference” between the two. This article analyzes this claim and concludes that it is unsubstantiated and almost certainly false.

Currency Of Love: Customary International Law And The Battle For Same-Sex Marriage In The United States, 14 U. Pa. J.L. & Soc. Change 53 (2011), Sonia Bychkov Green

UIC Law Open Access Faculty Scholarship

No abstract provided.

Social Security Spouse And Survivor Benefits 101: Practical Primer Part Ii (Or Another Reason To Put A Ring On It), Francine J. Lipman

Scholarly Works

No abstract provided.

When Courts Collide: Integrated Domestic Violence Courts And Court Pluralism, Elizabeth L. Macdowell

Scholarly Works

This Article proposes court pluralism as a new theory for analyzing the role of the justice system in addressing domestic violence. It argues that a systemic view of the justice system is essential to developing coherent reform strategies, and lays out the foundation for taking into account the unique functions of civil and criminal justice in domestic violence cases. In doing so, the Article challenges the one-dimensional characterization of a fragmented court system as bad for victims of domestic violence that dominates legal scholarship, and shows that court fragmentation can be an opportunity and potential source of protection from systemic …

Preventing The Unnecessary Entry Of Children Into Foster Care, Vivek Sankaran

Articles

A young mother of three endures abuse at the hands of the children's father. Her children repeatedly witness the violence in their home and describe it to a school teacher, who in turn places a call to Child Protective Services (CPS). A CPS investigator arrives at the home the next morning with a plethora of questions for the mother and her children. Have the children been hit? Did they observe the beatings? What steps has their mother taken to protect them? An adversarial conversation ensues. Unsatisfactory answers may lead to tragic consequences-the removal of the children from their home.