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Articles 151 - 180 of 267
Full-Text Articles in Family Law
Uneven Access To Special Immigration Juvenile Status: How The Nebraska Supreme Court Became An Immigration Gatekeeper, Megan Johnson, Yasmin Yavar
Uneven Access To Special Immigration Juvenile Status: How The Nebraska Supreme Court Became An Immigration Gatekeeper, Megan Johnson, Yasmin Yavar
Children's Legal Rights Journal
No abstract provided.
In The Courts: State Views On The Psychological-Parent And De Facto-Parent Doctrines, Christina Spiezia
In The Courts: State Views On The Psychological-Parent And De Facto-Parent Doctrines, Christina Spiezia
Children's Legal Rights Journal
No abstract provided.
Opposing Viewpoints: Best Interests Of The Child Vs. The Fathers’ Rights Movement, Elizabeth Gresk
Opposing Viewpoints: Best Interests Of The Child Vs. The Fathers’ Rights Movement, Elizabeth Gresk
Children's Legal Rights Journal
No abstract provided.
Around The World: Examining Australia’S Two-Tiered Standard For Best Interests Of A Child, Caitlin Cipri
Around The World: Examining Australia’S Two-Tiered Standard For Best Interests Of A Child, Caitlin Cipri
Children's Legal Rights Journal
No abstract provided.
Review: The Kid With A Bike, Melina Rozzisi
Review: The Kid With A Bike, Melina Rozzisi
Children's Legal Rights Journal
No abstract provided.
Adapting To The Modern Family: Recognizing The Psychological Parent In Child Welfare Proceedings, Sarah E. Oliver
Adapting To The Modern Family: Recognizing The Psychological Parent In Child Welfare Proceedings, Sarah E. Oliver
Children's Legal Rights Journal
No abstract provided.
Community-Based Child Care In Ethiopia Vs. The Individual Centered Model In The United States: A Closer Examination Of Family Group Decision Making In Child Placement, Amy Gilbert
Children's Legal Rights Journal
No abstract provided.
Best Interest Of The Child Should Not Be An Ambiguous Term, Carl Funderburk
Best Interest Of The Child Should Not Be An Ambiguous Term, Carl Funderburk
Children's Legal Rights Journal
No abstract provided.
Considering Child Trauma Issues In Juvenile Court Sentencing, Gene Griffin, Sarah Sallen
Considering Child Trauma Issues In Juvenile Court Sentencing, Gene Griffin, Sarah Sallen
Children's Legal Rights Journal
No abstract provided.
Rich Dad Vs. Poor Dad: Why Leaving Financial Education To Parents Breeds Financial Inequality & Economic Instability, Afton Cavanaugh
Rich Dad Vs. Poor Dad: Why Leaving Financial Education To Parents Breeds Financial Inequality & Economic Instability, Afton Cavanaugh
Children's Legal Rights Journal
No abstract provided.
Unbreakable Vows: Same-Sex Marriage And The Fundamental Right To Divorce, Meg Penrose
Unbreakable Vows: Same-Sex Marriage And The Fundamental Right To Divorce, Meg Penrose
Villanova Law Review (1956 - )
No abstract provided.
Caught In A Trap - Paternity Presumptions In Louisiana, Evelyn L. Wilson
Caught In A Trap - Paternity Presumptions In Louisiana, Evelyn L. Wilson
The Modern American
No abstract provided.
Brief Of Federalism Scholars As Amici Curiae In Support Of Respondent Windsor, Ernest A. Young
Brief Of Federalism Scholars As Amici Curiae In Support Of Respondent Windsor, Ernest A. Young
Faculty Scholarship
No abstract provided.
Globalization And Law: Law Beyond The State, Ralf Michaels
Globalization And Law: Law Beyond The State, Ralf Michaels
Faculty Scholarship
The chapter provides an introduction into law and globalization for sociolegal studies. Instead of treating globalization as an external factor that impacts the law, globalization and law are here viewed as intertwined. I suggest that three types of globalization should be distinguished—globalization as empirical phenomenon, globalization as theory, and globalization as ideology. I go on to discuss one central theme of globalization, namely in what way society, and therefore law, move beyond the state. This is done along the three classical elements of the state—territory, population/citizenship, and government. The role of all of these elements is shifting, suggesting we need …
Parent In Life, Stranger At Law: Addressing The Inequality And Inconsistency Of Parentage Rights Of Same-Sex Parents, 46 J. Marshall L. Rev. 867 (2013), Paul Coogan
UIC Law Review
No abstract provided.
When The Mesopotamian Honeymoon Ends: The Code Of Hammurabi’S Assumptions About The Roles Of Spouses And Problem-Solving Approach To Regulating Marriage, 46 J. Marshall L. Rev. 1005 (2013), Lars Nelson
UIC Law Review
No abstract provided.
Flexible Scheduling And Gender Equiality: The Working Families Flexibility Act Under The Fourteenth Amendment, Lane C. Powell
Flexible Scheduling And Gender Equiality: The Working Families Flexibility Act Under The Fourteenth Amendment, Lane C. Powell
Michigan Journal of Gender & Law
The Working Families Flexibility Act (“WFFA”) as proposed in 2012 would create a federal right for employees to request flexible work arrangements. However, the bill contains no private right of action for employees to enforce this new right. By reframing the WFFA as an anti-discrimination statute targeting unconstitutional sex discrimination on the part of the States, the WFFA could be upheld under Section 5 of the Fourteenth Amendment, allowing Congress to provide a private right of action for both private and state employees. This Note uses the Supreme Court’s decisions on the Family Medical Leave Act in Hibbs and Coleman …
Attorney Responsibility And Client Incapacity, Raymond C. O'Brien
Attorney Responsibility And Client Incapacity, Raymond C. O'Brien
Scholarly Articles
This Article suggests what an attorney should consider when representing a client suspected by the attorney of having diminished capacity, anticipating diminished capacity, or a client anticipating a response to the legal dilemmas posed by aging. So too, this Article suggests what an attorney should consider when retained by the family members of an allegedly incapacitate person. After providing demographics regarding aging, this Article will specifically address the attorney-client relationship in the context of the Model Rules of the American Bar Association. Next, this Article will integrate the attorney's responsibility regarding the proper execution of a Last Will and Testament, …
Nature, Nurture, Narrative, Law: The Wellesley Case, Oliver Twist, And The Victorian Anxiety About Parentage, Sarah Abramowicz
Nature, Nurture, Narrative, Law: The Wellesley Case, Oliver Twist, And The Victorian Anxiety About Parentage, Sarah Abramowicz
Studio for Law and Culture
Charles Dickens’s Oliver Twist heralded the popularity in Victorian England of a new type of novel, the novel of child development, that traced the experience of displaced child protagonists as they found their place in the world by working out their relationships with a series of parents and parent-figures. At the same time, the newly prominent field of English child custody law began to articulate why and how parentage matters for a developing child. An examination of one of the first highly publicized English custody disputes, Wellesley v. Beaufort, brings out some of the concerns about parentage at work …
Frozen Embryo Disposition In Cases Of Separation And Divorce: How Nahmani V. Nahmani And Davis V. Davis Form The Foundation For A Workable Expansion Of Current International Family Planning, Ceala E. Breen-Portnoy
Frozen Embryo Disposition In Cases Of Separation And Divorce: How Nahmani V. Nahmani And Davis V. Davis Form The Foundation For A Workable Expansion Of Current International Family Planning, Ceala E. Breen-Portnoy
Maryland Journal of International Law
No abstract provided.
Federal Family Policy And Family Values From Clinton To Obama, 1992-2012 And Beyond, Linda C. Mcclain
Federal Family Policy And Family Values From Clinton To Obama, 1992-2012 And Beyond, Linda C. Mcclain
Faculty Scholarship
This Article traces the evolution of federal family law and policy from 1992-2012 and beyond by considering the legacy of Clintonism, the “Third Way” political philosophy developed by William Jefferson Clinton and the Democratic Leadership Council. Present day economic inequality is spurring reflection on the role of government and on the meaning and form of progressive politics. Clintonism’s centrist, progressive approach linked governmental provision of opportunity to personal responsibility (“working hard and playing by the rules”) and appealed to values of family, community, faith, liberty, and inclusion. By linking family values to family policies, Clintonism’s New Covenant successfully challenged the …
What Is Parenthood?: Contemporary Debates About The Family Introduction, Linda C. Mcclain, Daniel Cere
What Is Parenthood?: Contemporary Debates About The Family Introduction, Linda C. Mcclain, Daniel Cere
Faculty Scholarship
Extraordinary changes in patterns of family life – and family law – have dramatically altered the boundaries of parenthood and opened up numerous questions about debates. What is parenthood and why does it matter? How should society define, regulate, and support it? Despite this uncertainty, the intense focus on the definition and future of marriage diverts attention from parenthood. Demographic reports suggesting a shift away from marriage and toward alternative family forms also keep marriage in constant public view, obscuring the fact that disagreements about marriage are often grounded in deeper, conflicting convictions about parenthood. This book (as the posted …
Intimate Liability: Emotional Harm, Family Law, And Stereotyped Narratives In Interspousal Torts, Fernanda Nicola
Intimate Liability: Emotional Harm, Family Law, And Stereotyped Narratives In Interspousal Torts, Fernanda Nicola
Scholarly Articles in Law Reviews & Journals
Tort liability expanded in the twentieth century, a shift scholars generally attribute to the reorganization of tort law around the fault principle. In privileging compensation and deterrence, this reconfiguration ended various restrictions on liability, long viewed as arbitrary, including limits to the recovery for emotional harm and interspousal immunities. Tort and family law scholars alike portray the end of such immunities as a milestone for gender equality. Their elimination enables spouses and partners to secure compensation for emotional and physical abuse arising in intimate relationships. Yet, tort law is not operating in this way. On the contrary, by endorsing a …
Surrender And Subordination: Birth Mothers And Adoption Law Reform, Elizabeth Samuels
Surrender And Subordination: Birth Mothers And Adoption Law Reform, Elizabeth Samuels
All Faculty Scholarship
For more than 30 years adoption law reform advocates have been seeking to restore for adult adoptees the right to access their original birth certificates, a right that was lost in all but two states between the late 1930s and 1990. The advocates have faced strong opposition and have succeeded only in recent years and only in eight states. Among the most vigorous advocates for access are “birth mothers” who surrendered their children during a time it was believed that adoption would relieve unmarried women of shame and restore them to a respectable life. The birth mother advocates say that …
Promoting The General Welfare: Legal Reform To Lift Women And Children In The United States Out Of Poverty, Jill C. Engle
Promoting The General Welfare: Legal Reform To Lift Women And Children In The United States Out Of Poverty, Jill C. Engle
Faculty Scholarship
American women and children have been poor in exponentially greater numbers than men for decades. The problem has historic, institutional roots which provide a backdrop for this article’s introduction. English and early U.S. legal systems mandated a lesser economic status for women. Despite numerous legal changes aimed at combating the financial disadvantage of American women and children, the problem is worsening. American female workers, many in low-paying job sectors, earn roughly twenty percent less than their male counterparts. Nearly forty percent of single mothers and their children subsist below the poverty level. The recession exacerbated this problem, mostly because unemployment …
Astrue V. Capato: Relegating Posthumously Conceived Children To Second-Class Citizens, Nicole M. Barnard
Astrue V. Capato: Relegating Posthumously Conceived Children To Second-Class Citizens, Nicole M. Barnard
Maryland Law Review
No abstract provided.
Surrender And Subordination: Birth Mothers And Adoption Law Reform, Elizabeth J. Samuels
Surrender And Subordination: Birth Mothers And Adoption Law Reform, Elizabeth J. Samuels
Michigan Journal of Gender & Law
For more than thirty years, adoption law reform advocates have been seeking to restore for adult adoptees the right to access their original birth certificates, a right that was lost in all but two states between the late 1930s and 1990. The advocates have faced strong opposition and have succeeded only in recent years and only in eight states. Among the most vigorous advocates for access are birth mothers who surrendered their children during a time it was believed that adoption would relieve unmarried women of shame and restore them to a respectable life. The birth mother advocates say that …
An Incomplete Revolution: Feminists And The Legacy Of Marital-Property Reform, Mary Ziegler
An Incomplete Revolution: Feminists And The Legacy Of Marital-Property Reform, Mary Ziegler
Michigan Journal of Gender & Law
As this Article shows, the conventional historical narrative of the divorce revolution is not so much incorrect as incomplete. Histories of the divorce revolution have focused disproportionately on the introduction of no-fault rules and have correctly concluded that women's groups did not play a central role in the introduction of such laws. However, work on divorce law has not adequately addressed the history of marital-property reform or engaged with scholarship on the struggle for the Equal Rights Amendment to the federal Constitution. Putting these two bodies of work in dialogue with one another, the Article provides the first comprehensive history …
Racial Bias In American Foster Care: The National Debate, Tanya A. Cooper
Racial Bias In American Foster Care: The National Debate, Tanya A. Cooper
Marquette Law Review
In disproportionately high numbers, Native American and African American children find themselves in the American foster care system. Empirical data establish that these children are removed from their families at greater rates than other races and stay in foster care longer, where they are often abused, neglected, and then severed from their families forever. For the past few decades, a vigorous debate has raged regarding whether these children are actually at greater risk for maltreatment if left at home or are just targets of discrimination in a hegemonic institution. Although the research previously showed no racial differences in child maltreatment …
Reflections On Vawa's Strange Bedfellows: The Partnership Between The Battered Immigrant Women's Movement And Law Enforcement, Alizabeth Newman
Reflections On Vawa's Strange Bedfellows: The Partnership Between The Battered Immigrant Women's Movement And Law Enforcement, Alizabeth Newman
University of Baltimore Law Review
No abstract provided.