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Family Law Commons™

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2012

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Institution
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Articles 271 - 279 of 279

Full-Text Articles in Family Law

Introduction: Jessica Lenahan (Gonzales) V. United States: Implementation, Litigation, And Mobilization Strategies, Caroline Bettinger-López Jan 2012

Introduction: Jessica Lenahan (Gonzales) V. United States: Implementation, Litigation, And Mobilization Strategies, Caroline Bettinger-López

Articles

No abstract provided.

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Neuroscience And The Child Welfare System, Clare Huntington Jan 2012

Neuroscience And The Child Welfare System, Clare Huntington

Faculty Scholarship

A growing body of research by neuroscientists demonstrates that a child’s early life experiences and environment literally shape the child’s brain architecture, with lifelong consequences that are very difficult to reverse. Children’s relationships with their primary caregivers are at the core of this brain development, but when this relationship is severely deficient, the developing child’s brain is deeply affected. This research has not gained sufficient recognition in policy debates about the child welfare system because much of the work is complex and hard for non-neuroscientists to decipher with nuance. This essay brings a family law scholar’s perspective to understanding the …

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Denial And Concealment Of Unwanted Pregnancy: "A Film Hollywood Dared Not Do", Susan Ayres, Prema Manjunath Jan 2012

Denial And Concealment Of Unwanted Pregnancy: "A Film Hollywood Dared Not Do", Susan Ayres, Prema Manjunath

Faculty Scholarship

The actual cases and two films examined in this essay challenge stock narratives of mothers who deny or conceal unwanted pregnancy as a monster, or a victim, and also challenge "legal norms, logic and structures" pertaining to unwanted pregnancy and neonaticide. This essay draws on films because of their influential power to "reach enormous audiences by combining narratives and appealing characters with visual imagery and technological achievement, ... stir deep emotions and leave deep impressions." For these reasons, Orit Kamir asserts that films are more compelling than "theoretical legal texts or even judicial rhetoric."

The two films examined -- Stephanie …

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The New Illegitimacy: Tying Parentage To Marital Status For Lesbian Co-Parents, Joanna L. Grossman Jan 2012

The New Illegitimacy: Tying Parentage To Marital Status For Lesbian Co-Parents, Joanna L. Grossman

Faculty Journal Articles and Book Chapters

Should a child be allowed two legal parents only if born into a marriage? For children of heterosexual parents, the answer, today, is definitively "no." Constitutional protection for parental rights does not permit the ties between an unwed father and his child to be severed simply because he is not married to the child's mother. But the answer is often different for the child of a lesbian mother. In a recent opinion, Debra H. v. Janice R., the New York Court of Appeals ruled that a lesbian co-parent- a woman who had participated in the conception, birth, and early rearing …

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Marriage Fraud, Kerry Abrams Jan 2012

Marriage Fraud, Kerry Abrams

Faculty Scholarship

This Article examines the astonishing array of doctrines used to determine what constitutes marriage fraud. It begins by locating the traditional nineteenth-century annulment-by-fraud doctrine within the realm of contract fraud, observing that in the family law context fraudulent marriages were voidable solely at the option of the injured party. The Article then explains how, in the twentieth century, a massive expansion of public benefits tied to marriage prompted new marriage fraud doctrines to develop in various areas of the law, shifting the concept of the injured party from the defrauded spouse to the public at large. It proposes a framework …

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Can Wrongful Death Damages Recovered By A Married Person Be Separate Property Under California Law?, William A. Reppy Jr. Jan 2012

Can Wrongful Death Damages Recovered By A Married Person Be Separate Property Under California Law?, William A. Reppy Jr.

Faculty Scholarship

Existing California judicial precedent uniformly holds that damages recovered by a married person based on the wrongful death of a relative of the married person during the marriage—and while the spouses were not living separate and apart—is entirely community property. Under the theoretical basis for this community property classification, it is irrelevant that the person tortiously killed was a child or grandchild only of the plaintiff- or payee-spouse and had no legally recognized relationship to that party’s husband or wife, who becomes owner of half the recovery because of its classification as community property. This Article rejects this community property …

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Bargaining For Motherhood: Postadoption Visitation Agreements, Carol Sanger Jan 2012

Bargaining For Motherhood: Postadoption Visitation Agreements, Carol Sanger

Faculty Scholarship

This Article is about the use of contract in family formation. More specifically, I want to look at how contract is now used by parents in the process of acquiring children and, as we shall see, also as a means of retaining interests in those same children under the developing regime of open adoption.

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Integrating Humanities Into Family Law And The Problem With Truths Universally Acknowledged, Carol Sanger Jan 2012

Integrating Humanities Into Family Law And The Problem With Truths Universally Acknowledged, Carol Sanger

Faculty Scholarship

Family Law differs from the other subjects under discussion today in at least two respects. As a matter of curricular location, it is not always considered a core course. I am therefore grateful for Melissa Murray’s public recognition of the “coreness” of Family Law within a legal education. Second, if one purpose of integrating humanities into the core curriculum is to humanize the law, it is probably safe to say that Family Law is already humanized enough. The subject comes fully loaded with all too human conflict and suffering: cruelty, anger, sex, disappointed expectations, and all of these play out …

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Why Marriage?, Suzanne B. Goldberg Jan 2012

Why Marriage?, Suzanne B. Goldberg

Faculty Scholarship

In a well-known New Yorker cartoon, a man and a woman sit together on a couch, clearly in the midst of a conversation about marriage for gay and lesbian couples. “Haven't they suffered enough?” one of them asks. Although the cartoon characters jest, the question of why gay people are fighting so hard for the right to marry is a serious one. After all, marriage rates have been dropping steadily in the United States and in much of the world, and divorce rates remain high. Why, then, are lesbians and gay men fighting so hard to join an institution that …

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