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Articles 121 - 150 of 240
Full-Text Articles in Family Law
Is Japan Ready To Legalize Same-Sex Marriage?, Yuki Arai
Is Japan Ready To Legalize Same-Sex Marriage?, Yuki Arai
Cornell Law School LL.M. Student Research Papers
Marriage is one of the most significant stages in one’s life. For many decades, gays and lesbians have been excluded from the legal institution of marriage solely because of their sexual orientation. However, the situation concerning same-sex marriage has drastically changed in many societies including the U.S. in the past several years. This recent wave of the opening of same-sex marriage has yet to reach my home country, Japan. In Japanese society where no religion opposing to same-sex activity is influential, gays and lesbians have not been persecuted criminally or religiously, which caused the absence of gay and lesbian rights …
Children As Proto-Citizens: Equal Protection, Citizenship, And Lessons From The Child-Centered Cases, Catherine E. Smith, Susannah W. Pollvogt
Children As Proto-Citizens: Equal Protection, Citizenship, And Lessons From The Child-Centered Cases, Catherine E. Smith, Susannah W. Pollvogt
Scholarly Articles
The rights of children have recently taken a prominent role in the popular and judicial consciousness. This is largely due to litigation over marriage equality. In authoring the majority opinion in United States v. Windsor, 133 S. Ct. 2675 (2013), Justice Kennedy cited tangible and psychic harm to the children of same-sex couples as a basis for invalidating the federal Defense of Marriage Act. Post-Windsor, myriad state and federal courts similarly have recognized the manner in which state-level marriage bans inflict harm on the children of same-sex couples. Yet, while courts have recognized the significance of harm to children …
Chapter 743 Lowers Adoption Costs: More Families Made Whole, More Children Kept Safe, Jacquelyn Loyd
Chapter 743 Lowers Adoption Costs: More Families Made Whole, More Children Kept Safe, Jacquelyn Loyd
McGeorge Law Review
No abstract provided.
“I Won’T Pay Child Support, But I Insist On Visitation.” Should Visitation And Child Support Be Linked?, John E.B. Myers
“I Won’T Pay Child Support, But I Insist On Visitation.” Should Visitation And Child Support Be Linked?, John E.B. Myers
McGeorge Law Review
No abstract provided.
The Supreme Court’S Revitalization Of The Dying “Existing Indian Family” Exception, Shawn L. Murphy
The Supreme Court’S Revitalization Of The Dying “Existing Indian Family” Exception, Shawn L. Murphy
McGeorge Law Review
No abstract provided.
Setting Parental Controls: Do Parents Have A Duty To Supervise Their Children’S Use Of The Internet?, 31 J. Marshall J. Info. Tech. & Privacy L. 309 (2014), Alberto Bernabe
UIC John Marshall Journal of Information Technology & Privacy Law
No abstract provided.
Deadbeat Dads & Welfare Queens: How Metaphor Shapes Poverty Law, Ann Cammett
Deadbeat Dads & Welfare Queens: How Metaphor Shapes Poverty Law, Ann Cammett
Publications and Research
No abstract provided.
“Testilying” In Family Court, John E.B. Myers
“Testilying” In Family Court, John E.B. Myers
McGeorge Law Review
No abstract provided.
“I Won’T Pay Child Support, But I Insist On Visitation.” Should Visitation And Child Support Be Linked?, John E.B. Myers
“I Won’T Pay Child Support, But I Insist On Visitation.” Should Visitation And Child Support Be Linked?, John E.B. Myers
McGeorge School of Law Scholarly Articles
No abstract provided.
"Testilying" In Family Court, John E.B. Myers
"Testilying" In Family Court, John E.B. Myers
McGeorge School of Law Scholarly Articles
No abstract provided.
White-Brown-Marks Families, Susie Van Kirk
White-Brown-Marks Families, Susie Van Kirk
Susie Van Kirk Papers
Census information, birth and death certificates and newspaper references.
Love Matters, Tamara L. Kuennen
Love Matters, Tamara L. Kuennen
Sturm College of Law: Faculty Scholarship
Love matters to women in abusive relationships. Consequently, matters of love should mean something to both the legal regime redressing intimate partner violence (“IPV”) and to feminist legal scholars seeking to reform the same. Currently the law ignores matters of love by conditioning legal remedies on the immediate termination of the intimate relationship by the victim. Feminist legal scholars unwittingly ignore love by failing to be sufficiently specific about the type of abuse we most wish to eradicate: coercive control. This is a pattern of acts—both violent and nonviolent—in which one partner seeks to control and dominate the personhood and …
The Policing Of Religious Marriage Prohibitions In Israel: Religion, State, And Information Technology, 31 J. Marshall J. Info. Tech. & Privacy L. 23 (2014), Akiva Miller
UIC John Marshall Journal of Information Technology & Privacy Law
The State of Israel applies religious law in all matters of marriage and divorce. For the Jewish population of Israel, the law of marriage includes religious prohibitions on certain kinds of marriages, most notably the prohibition against intermarriage and the prohibition against marrying a mamzer. Over the years, Israel‘s state-religious authorities have adopted a variety of methods and practices for policing these prohibitions. These include stringent procedures for premarital registration inquiries; use of databases for collecting information on prohibited persons; recording the possibility of mamzer status of newborn children; special Beit Din proceedings for handling cases of possible marriage prohibitions; …
California’S Eavesdropping Law Endangers Victims Of Domestic Violence, 31 J. Marshall J. Info. Tech. & Privacy L. 57 (2014), John E.B. Myers
California’S Eavesdropping Law Endangers Victims Of Domestic Violence, 31 J. Marshall J. Info. Tech. & Privacy L. 57 (2014), John E.B. Myers
UIC John Marshall Journal of Information Technology & Privacy Law
No abstract provided.
A Hague Convention On Contract Pregnancy (Or ‘Surrogacy’): Avoiding Ethical Inconsistencies With The Convention On Adoption, Andrew Botterell, Carolyn Mcleod
A Hague Convention On Contract Pregnancy (Or ‘Surrogacy’): Avoiding Ethical Inconsistencies With The Convention On Adoption, Andrew Botterell, Carolyn Mcleod
Law Publications
In the past, the Hague Conference on Private International Law has shaped how people can become the legal parents of children born in countries other than their own. It did so by creating the 1993 Hague Convention on Intercountry Adoption. It is now interested in developing a convention on international contract pregnancy (or what many call “surrogacy”). We discuss in this commentary what such a convention would have to include for it to be ethically consistent with the Convention on Adoption.
Recent Development: In Re Victoria C.: Children Are Third Parties For Purposes Of Child Visitation; Siblings Must Make A Prima Facie Case Of Parental Unfitness Or Exceptional Circumstances Before Applying The Best Interest Of Child Standard, Allyson Bloom
University of Baltimore Law Forum
The Court of Appeals of Maryland held that a child is considered a third party for purposes of sibling visitation rights. In re Victoria C., 437 Md. 567, 591, 88 A.3d 749, 764(2014). The court further held that the sibling seeking visitation with a minor sibling must first make a prima facie case showing parental unfitness or exceptional circumstances before the court can apply the best interest of the child standard.
Family Treatment Drug Courts: A Perspective From Lewiston, Maine, John B. Beliveau, Aisling Ryan
Family Treatment Drug Courts: A Perspective From Lewiston, Maine, John B. Beliveau, Aisling Ryan
Criminal Law Practitioner
No abstract provided.
The Exploratory Study Of Custody And Visitation Rights For Children In Same-Sex Families, Valencia T. Johnson
The Exploratory Study Of Custody And Visitation Rights For Children In Same-Sex Families, Valencia T. Johnson
The Modern American
No abstract provided.
Deprivative Recognition, Erez Aloni
Deprivative Recognition, Erez Aloni
All Faculty Publications
Family law is now replete with proposals advocating for the legal recognition of nonmarital relationships: those between friends, relatives, unmarried intimate partners, and the like. The presumption underlying these proposals is that legal recognition is financially beneficial to partners. This assumption is sometimes wrong: Legal recognition of relationships can be harmful to unmarried partners — a reality whose impact on policy concerning regulation of nonmarital unions has not been explored. As this Article shows, a significant number of people benefit financially from nonrecognition of their relationships. While in most cases the state turns a blind eye to this financial gain, …
Legal Inconsistencies After Astrue V. Caputo: When Children Are Conceived Postmortem, Does Society Have An Obligation To Support Those Children?, 47 J. Marshall L. Rev. 1101 (2014), Catherine Durkin Stewart
Legal Inconsistencies After Astrue V. Caputo: When Children Are Conceived Postmortem, Does Society Have An Obligation To Support Those Children?, 47 J. Marshall L. Rev. 1101 (2014), Catherine Durkin Stewart
UIC Law Review
No abstract provided.
Fighting The Establishment: The Need For Procedural Reform Of Our Paternity Laws, Caroline Rogus
Fighting The Establishment: The Need For Procedural Reform Of Our Paternity Laws, Caroline Rogus
Michigan Journal of Gender & Law
Every state and the District of Columbia use voluntary acknowledgments of paternity. Created pursuant to federal law, the acknowledgment is signed by the purported biological parents and establishes paternity without requiring court involvement. Intended to be a “simple civil process” to establish paternity where the parents are unmarried, the acknowledgment is used by state governments to expedite child support litigation. But federal policy and state laws governing the acknowledgments do not sufficiently protect the interests of those men who have signed acknowledgments and who subsequently discover that they lack genetic ties to the children in question. A signatory who learns …
Confrontation And The Re-Privatization Of Domestic Violence, Deborah Tuerkheimer
Confrontation And The Re-Privatization Of Domestic Violence, Deborah Tuerkheimer
Michigan Law Review First Impressions
When the Supreme Court transformed the right of confrontation in Crawford v. Washington, the prosecution of domestic violence predictably suffered as a result. But commentators at the time did not anticipate how the Court’s subsequent Confrontation Clause cases would utterly misconceive the nature of domestic violence, producing a flawed understanding of what constitutes a “testimonial” statement. Although the Court’s definition was especially problematic in the domestic violence context, its overly rigid approach finally became intolerable in Michigan v. Bryant, a 2011 case that did not involve domestic violence. In Bryant, the Court resurrected a public–private divide that …
It's Worth The Hassle Part Ii: How Does The Baby Veronica Case Impact Cases Involving Indian Children?, Elizabeth Brandt
It's Worth The Hassle Part Ii: How Does The Baby Veronica Case Impact Cases Involving Indian Children?, Elizabeth Brandt
Articles
No abstract provided.
Comments: Newborn Screening Programs And Privacy: Shifting Responsibility From The Parent To The Laboratory, Michael D. Leeb
Comments: Newborn Screening Programs And Privacy: Shifting Responsibility From The Parent To The Laboratory, Michael D. Leeb
University of Baltimore Law Review
No abstract provided.
African American Families' Expectations And Intentions For Mental Health Services, Cynthia J. Najdowski, Richard Thompson, Barbara L. Dancy, Tisha R. A. Wiley, Sylvia P. Perry, Jason Wallis, Yara Mekawi, Kathleen Knafl
African American Families' Expectations And Intentions For Mental Health Services, Cynthia J. Najdowski, Richard Thompson, Barbara L. Dancy, Tisha R. A. Wiley, Sylvia P. Perry, Jason Wallis, Yara Mekawi, Kathleen Knafl
Psychology Faculty Scholarship
A cross-sectional qualitative descriptive design was used to examine the links among expectations about, experiences with, and intentions toward mental health services. Individual face-to-face interviews were conducted with a purposive sample of 32 African American youth/mothers dyads. Content analysis revealed that positive expectations were linked to positive experiences and intentions, that negative expectations were not consistently linked to negative experiences or intentions, nor were ambivalent expectations linked to ambivalent experiences or intentions. Youth were concerned about privacy breeches and mothers about the harmfulness of psychotropic medication. Addressing these concerns may promote African Americans’ engagement in mental health services.
Understanding The Decline In Transnational Adoption Channels: Whether The Children In Families First Act Is An Effective Response To The Exploitation Of Orphans, Jade Glory
Loyola University Chicago International Law Review
No abstract provided.
Throwing Diversity Against Stark Backdrop Of White Isolationism In American Public Schools, Carla-Michelle Adams, Esq.
Throwing Diversity Against Stark Backdrop Of White Isolationism In American Public Schools, Carla-Michelle Adams, Esq.
Child and Family Law Journal
No abstract provided.
Caregiver Payments And The Obligation To Give Care Or Share, Merle H. Weiner
Caregiver Payments And The Obligation To Give Care Or Share, Merle H. Weiner
Villanova Law Review (1956 - )
No abstract provided.
Bio Family 2.0: Can The American Child Welfare System Finally Find Permanency For 'Legal Orphans' With A Statute To Reinstate Parental Rights?, Meredith L. Schalick
Bio Family 2.0: Can The American Child Welfare System Finally Find Permanency For 'Legal Orphans' With A Statute To Reinstate Parental Rights?, Meredith L. Schalick
University of Michigan Journal of Law Reform
The American child welfare system terminates parental rights for thousands of children each year even though adoptive families have not yet been identified for the children. Every year, there are more than 100,000 of these “legal orphans” waiting for new families. Given the lower rates of adoptions for children of color and older children, and the poor outcomes for most youth who age out of the foster care system, the American child welfare system must start to think differently about permanency options for children. This Article proposes a model statutory provision to reinstate parental rights under certain circumstances to give …
Advanced Property Issues In Family Law: An Annotated Bibliography, Travis Mcdonald, Nancy Levit
Advanced Property Issues In Family Law: An Annotated Bibliography, Travis Mcdonald, Nancy Levit
Faculty Works
This bibliography covers law review articles published, for the most part, after 2006 on property issues within the context of family law. Articles for which the title is self-explanatory or that concern only a single case, state, or statute are cited, but not annotated.