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Articles 1 - 30 of 279
Full-Text Articles in Family Law
Why Eu Work-Family Reconciliation Policies Fail In Italy: A Feminist Legal Analysis, Chrystal Orozco
Why Eu Work-Family Reconciliation Policies Fail In Italy: A Feminist Legal Analysis, Chrystal Orozco
Master's Theses
Following the establishment of the European Parental Leave Directive (96/34/EC), the female employment rate in Italy is still ranked the third lowest in the European Union (EU) and Italian women continue to do twice as much household work as Italian men. Parents, especially women, struggle to find a balance between professional work and their family lives in a society that encourages the traditional gendered roles of the housewife and the breadwinner. The following study is a theoretical analysis of the Parental Leave Directive and the potential domestic influences that may prevent Italy from progressing socially towards gender equality. This study …
Summary Of Devries V. Gallio, 128 Nev. Adv. Op. 63, Wade Beavers
Summary Of Devries V. Gallio, 128 Nev. Adv. Op. 63, Wade Beavers
Nevada Supreme Court Summaries
The Court considered whether the district court abused its discretion in failing to award ex-husband (DeVries) an interest in ex-wife’s (Gallio’s) cattle company after having labored there without compensation, ostensibly increasing the value of the business. The Court also considered whether the district court abused its discretion in failing to award the ex-husband requested spousal support.
Marriage Pluralism, Family Law Jurisdiction, And Sex Equality In The United States, Linda C. Mcclain
Marriage Pluralism, Family Law Jurisdiction, And Sex Equality In The United States, Linda C. Mcclain
Faculty Scholarship
In many regions of the world, rights guaranteed under the civil law, including rights to gender equality within marriage and rights in the distribution of family property and child custody upon divorce, are in conflict with the principles of religious law. Women's rights issues are often at the heart of these tensions, which present pressing challenges for theorists, lawyers, and policymakers. This anthology brings together leading scholars and activists doing innovative work in Jewish law, Muslim law, Christian law, and African customary law. Using examples drawn from a variety of nations and religions, they interrogate the utility of recent theoretical …
Commentary On Marriage Grants: Article Iii & Same-Sex Marriage, Neal Devins, Tara Leigh Grove
Commentary On Marriage Grants: Article Iii & Same-Sex Marriage, Neal Devins, Tara Leigh Grove
Popular Media
No abstract provided.
The Case For Reforming The Program's Spouse Benefits While "Saving Social Security", Peter W. Martin
The Case For Reforming The Program's Spouse Benefits While "Saving Social Security", Peter W. Martin
Cornell Law Faculty Working Papers
The Social Security Act currently provides secondary benefits to the wives or widows of covered workers who retire, become disabled, or die. To qualify, a woman must have been married to the worker for a short period and must be old (sixty-two, dropping to sixty in the case of a widow, fifty in the case of a disabled widow) or caring for children under sixteen. If a wife’s or widow’s primary retired-worker or disability benefits equal or exceed her secondary benefit entitlement, she receives only the primary benefits. However, if her secondary benefit amount is greater she receives both her …
Beyond Law Enforcement: Camreta V. Greene, Child Protection Investigations, And The Need To Reform The Fourth Amendment Special Needs Doctrine, Josh Gupta-Kagan
Beyond Law Enforcement: Camreta V. Greene, Child Protection Investigations, And The Need To Reform The Fourth Amendment Special Needs Doctrine, Josh Gupta-Kagan
Faculty Publications
The Fourth Amendment “special needs” doctrine distinguishes between searches and seizures that serve the “normal need for law enforcement” and those that serve some other “special need,” excusing non-law enforcement searches and seizures from the warrant and probable cause requirements. The Supreme Court has never justified drawing this bright line exclusively around law enforcement searches and seizures but not those that threaten important non-criminal constitutional rights.
Child protection investigations illustrate the problem: Millions of times each year, state child protection authorities search families’ homes, and seize children for interviews about alleged maltreatment. Only a minority of these investigations involve an …
Domestic Relations, Barry B. Mcgough, Elinor H. Hitt
Domestic Relations, Barry B. Mcgough, Elinor H. Hitt
Mercer Law Review
This Article addresses significant case law and statutory changes that arose during the survey period.2 Legislation passed by the Georgia General Assembly in 2011 regarding the appellate procedure and in 2012 regarding grandparent visitation rights took effect, and the Georgia Supreme Court continued to accept nonfrivolous appeals in divorce cases, providing guidance regarding domestic relations law.
What About The Children: How Children Of Same-Sex Couples Are Left Without State-Run Support, Ann Kathryn Watson
What About The Children: How Children Of Same-Sex Couples Are Left Without State-Run Support, Ann Kathryn Watson
The Scholar: St. Mary's Law Review on Race and Social Justice
States should enact legislation affording same-sex partners the same rights and responsibilities to their children as opposite-sex partners. Although federal law mandates specific duties owed to the child, the language is silent about whether it applies to same-sex partners. Moreover, Congress passed the Defense of Marriage Act (DOMA), which defines marriage as being between a man and a woman. Some states—namely Texas—have passed their own version of DOMA. These states have subsequently denied same-sex partners the same rights granted to opposite-sex partners—such as conservatorship, visitation, and child support. Same-sex partners have used DOMA as a legal strategy to either avoid …
Singing Songs In A Strange Land: The Plight Of Haitian Children In The Space Of International Adoption., Glenys P. Spence
Singing Songs In A Strange Land: The Plight Of Haitian Children In The Space Of International Adoption., Glenys P. Spence
The Scholar: St. Mary's Law Review on Race and Social Justice
The best interests of children are not served by severing the familial bonds contemplated by international adoption law. Nonetheless, because of the high costs of the international adoption process, efforts to adopt their Haitian orphan relatives are ignored. In attempts to guarantee the “best interests of the child” are met, the United Nations Convention on the Rights of the Child (CRC) and the Hague Convention on the Protection of Children Co-Operative Respect of Intercountry Adoptions (Adoption Convention) were created as the two governing bodies of international adoption law. Global South countries, including Haiti, however, have not ratified the Adoption Convention. …
The Age Of Marital Capacity: Reconsidering Civil Recognition Of Adolescent Marriage, Vivian E. Hamilton
The Age Of Marital Capacity: Reconsidering Civil Recognition Of Adolescent Marriage, Vivian E. Hamilton
Faculty Publications
Age at marriage has for decades been the strongest and most unequivocal predictor of marital failure. The likelihood of divorce nears eighty percent for those who marry in mid-adolescence, then drops steadily. Delaying marriage until the mid-twenties reduces one’s likelihood of divorce to thirty percent. Women who marry at age twenty-one or younger, moreover – and one in ten U.S. women do – experience worse mental and physical health, attain less education, and earn lower wages than those who marry later. Post-divorce, they and their children tend to endure even greater economic deprivation and instability than do never-married mothers, who …
Guidelines For Child Protection Mediation, Kelly Browe Olson Co-Editor
Guidelines For Child Protection Mediation, Kelly Browe Olson Co-Editor
Law Faculty Scholarship
No abstract provided.
The Best Interest Of The Child And The Law , Christian Reichel Van Deusen
The Best Interest Of The Child And The Law , Christian Reichel Van Deusen
Pepperdine Law Review
No abstract provided.
A Constitutional Right To Safe Foster Care - Time For The Supreme Court To Pay Its I.O.U., Daniel L. Skoler
A Constitutional Right To Safe Foster Care - Time For The Supreme Court To Pay Its I.O.U., Daniel L. Skoler
Pepperdine Law Review
No abstract provided.
Best Interests Of The Child: By Whose Definition? , Harvey R. Sorkow
Best Interests Of The Child: By Whose Definition? , Harvey R. Sorkow
Pepperdine Law Review
No abstract provided.
Allocating The Costs Of Parental Free Exercise: Striking A New Balance Between Sincere Religious Belief And A Child's Right To Medical Treatment , Paul A. Monopoli
Allocating The Costs Of Parental Free Exercise: Striking A New Balance Between Sincere Religious Belief And A Child's Right To Medical Treatment , Paul A. Monopoli
Pepperdine Law Review
No abstract provided.
The Child's Right To Be Heard And Represented In Judicial Proceedings , Howard A. Davidson
The Child's Right To Be Heard And Represented In Judicial Proceedings , Howard A. Davidson
Pepperdine Law Review
No abstract provided.
Medical Evidence In Cases Of Intrauterine Drug And Alcohol Exposure , Judith Larsen, Robert M. Horowitz, Ira J. Chasnoff
Medical Evidence In Cases Of Intrauterine Drug And Alcohol Exposure , Judith Larsen, Robert M. Horowitz, Ira J. Chasnoff
Pepperdine Law Review
No abstract provided.
The Los Angeles County Children's Court: A Model Facility For Child Abuse And Neglect Proceedings, Paul Boland
The Los Angeles County Children's Court: A Model Facility For Child Abuse And Neglect Proceedings, Paul Boland
Pepperdine Law Review
No abstract provided.
Washington State Dependency Best Practices Report, Justice Bobbe J. Bridge, Michelle Ressa, Jacob D'Annunzio, Hathaway Burden, Dr. Sheri L. Hill, Lisa Kelly, Rose Wentz
Washington State Dependency Best Practices Report, Justice Bobbe J. Bridge, Michelle Ressa, Jacob D'Annunzio, Hathaway Burden, Dr. Sheri L. Hill, Lisa Kelly, Rose Wentz
Books
The judge's work in child abuse and neglect cases is among the most challenging of any judicial proceeding. The complexities are substantial. Such cases depend upon the exercise of discretion and good judgment together with the application of sound legal principles. The judge must call upon his or her most cherished skills—objectivity, wisdom, patience, and foresight—in circumstances of acute stress. Lives are literally at stake—the lives of the most vulnerable children and youth in our communities and the lives of families wracked by generations of poverty and despair. Families, children, and youth who have experienced intense trauma; who may be …
The Contraception Mandate, Caroline Mala Corbin
Student Speech Rights In The Digital Age, Mary-Rose Papandrea
Student Speech Rights In The Digital Age, Mary-Rose Papandrea
Florida Law Review
For several decades courts have struggled to determine when, if ever, public schools should have the power to restrict student expression that does not occur on school grounds during school hours. In the last several years, courts have struggled with this same question in a new context—the digital media. The dramatic increase in the number of student speech cases involving the Internet, mobile phones, and video cameras begs for a closer examination of the scope of school officials’ authority to censor the expression of minors as well as the scope of juvenile speech rights generally. This Article takes a close …
The Gunslinger To The Ivory Tower Came: Should Universities Have A Duty To Prevent Rampage Killings?, Ben "Ziggy" Williamson
The Gunslinger To The Ivory Tower Came: Should Universities Have A Duty To Prevent Rampage Killings?, Ben "Ziggy" Williamson
Florida Law Review
Virginia Tech was not the first university rampage killing for which victims or their families sought compensation, nor is it likely to be the last. Because the current state of the law is unclear, this Note explores whether universities should have a duty to identify and thwart students that pose a threat to the lives of other students. Part II traces the history of university rampage killings and the sparse legal history surrounding them. In light of that sparse legal history, Part III considers the Tarasoff case and its progeny, which impose upon some professionals a duty to protect third …
Constitutional Limits On The Right Of Government Investigations To Interview And Examine Alleged Victims Of Child Abuse Or Neglect, Teri Dobbins Baxter
Constitutional Limits On The Right Of Government Investigations To Interview And Examine Alleged Victims Of Child Abuse Or Neglect, Teri Dobbins Baxter
William & Mary Bill of Rights Journal
Investigating allegations of child abuse or neglect presents unique challenges, particularly if parents or guardians are the alleged perpetrators. Those accused of harming the children are in a position to prevent the victims from getting access to the help they need to escape their abuser(s). The courts have not clearly defined the federal constitutional boundaries of searches and seizures in this context. The Supreme Court, in particular, has not weighed in on the constitutionality of warrantless searches and seizures in connection with abuse and neglect investigations. This lack of Supreme Court guidance has led to unpredictable and sometimes conflicting opinions …
Mobility Measures, Naomi Schoenbaum
Mobility Measures, Naomi Schoenbaum
BYU Law Review
Geographic mobility is a celebrated feature of American life. Deciding where to live is seen not only as a key personal freedom, but also a means of economic advancement. Millions of Americans move each year over great distances. But while this right to travel is safeguarded by the Constitution, these mobility decisions are not entirely free. In terms of the decision to move long distances, employment and family reasons are central, and a regime of employment and family law “mobility measures” play a significant role in regulating why and how we move. This Article first sets forth this new framework …
Employee Notice Requirements Under The Family And Medical Leave Act: Are They Manageable?, Robert J. Aalberts, Lorne H. Seidman
Employee Notice Requirements Under The Family And Medical Leave Act: Are They Manageable?, Robert J. Aalberts, Lorne H. Seidman
Pepperdine Law Review
No abstract provided.
Fair Play Or A Stacked Deck?: In Search Of A Proper Standard Of Proof In Juvenile Dependency Hearings, Linda Lee Reimer Stevenson
Fair Play Or A Stacked Deck?: In Search Of A Proper Standard Of Proof In Juvenile Dependency Hearings, Linda Lee Reimer Stevenson
Pepperdine Law Review
No abstract provided.
Fanning An Old Flame: Alienation Of Affections And Criminal Conversation Revisited, Jill Jones
Fanning An Old Flame: Alienation Of Affections And Criminal Conversation Revisited, Jill Jones
Pepperdine Law Review
No abstract provided.
Disentangling Symmetries: Speech, Association, Parenthood, Laurence H. Tribe
Disentangling Symmetries: Speech, Association, Parenthood, Laurence H. Tribe
Pepperdine Law Review
No abstract provided.
Misappropriating Women’S History In The Law And Politics Of Abortion , Tracy A. Thomas
Misappropriating Women’S History In The Law And Politics Of Abortion , Tracy A. Thomas
Seattle University Law Review
To examine the veracity of the political and legal claims of a feminist history against abortion, this Article focuses on one of the leading icons used in antiabortion advocacy—Elizabeth Cady Stanton. Stanton has, quite literally, been the poster child for FFL’s historical campaign against abortion, appearing on posters, flyers, and commemorative coffee mugs. Advocates claim that Stanton is a particularly fitting spokesperson because she was a “feisty gal who had seven children and was outspokenly pro-life.” They claim that she “condemned abortion in the strongest possible terms” and was “a revolutionary who consistently advocated for the rights of women, for …
The Calculus Of Accommodation: Contraception, Abortion, Same-Sex Marriage, And Other Clashes Between Religion And The State, Robin F. Wilson
The Calculus Of Accommodation: Contraception, Abortion, Same-Sex Marriage, And Other Clashes Between Religion And The State, Robin F. Wilson
Scholarly Articles
This Article considers a burning issue in society today— whether, and under what circumstances, religious groups and individuals should be exempted from the dictates of civil law. The “political maelstrom” over the Obama administration’s sterilization and contraceptive coverage mandate is just one of many clashes between religion and the state. Religious groups and individuals have also sought religious exemptions to the duty to assist with abortions or facilitate samesex marriages. In all these contexts, religious objectors claim a special right of entitlement to follow their religious tenets, in the face of equally compelling claims that religious accommodations threaten access and …