Family Law Commons^™

Marriage, Monogamy, And Affairs: Reassessing Intimate Relationships In Light Of Growing Acceptance Of Consensual Non-Monogamy, Linda S. Anderson

Washington and Lee Journal of Civil Rights and Social Justice

No abstract provided.

A Liberal Dilemma: Respecting Autonomy While Also Protecting Inchoate Children From Prenatal Substance Abuse., Andrew J. Weisberg, Frank E. Vandervort

Articles

Substance abuse is a significant social problem in America. It is estimated that some eighteen million Americans have an alcohol abuse problem and that almost five million have a drug abuse problem. According to the National Institute on Drug Abuse, substance abuse costs some $700 billion per year Substance abuse is a major contributor to child maltreatment. It is estimated that between one- and two-thirds of cases in which children enter foster care are linked to parental substance abuse. Unfortunately, this may be an underestimate as recent research suggests that many cases, particularly cases in which children have been exposed …

Third Party Stepparent Childcare, Jeffrey A. Parness

Mercer Law Review

More and more children are raised by a parent and a stepparent.' These children are often unaware of the differences between such child caretakers under law. When a parent and a stepparent separate, stepparent childcare often ceases at the direction of the parent, sometimes prompting harm to the child, to the stepparent, and to other one-time and current family members (including stepgrandparents and stepsiblings). As well, stepparent childcare can cease when a parent dies, prompting similar harm. ...

This Article explores the federal constitutional limits on third party stepparent childcare over current parental objections. The Article then surveys both general …

Biology, Genetics, Nurture, And The Law: The Expansion Of The Legal Definition Of Family To Include Three Or More Parents, Myrisha S. Lewis

Nevada Law Journal

No abstract provided.

A Happier Ending For Everyone: Resolving Adoption Disputes Between Putative Fathers And Adoptive Parents Through Clinical Mediation, Tiffany Bostinelos

Pepperdine Dispute Resolution Law Journal

This article will discuss the problems putative fathers face when their biological child is put up for adoption without their consent or knowledge. It will further argue that when a custody issue does arise between putative fathers and adoptive parents, the best way to resolve the custody dispute--and more importantly protect the best interest of the child--is through a process called clinical mediation. Finally, even if clinical mediation is not successful, this article will argue that clinical mediators should be permitted to make recommendations to the court as to the custody or visitation issues.

Hogg, Karen (Fa 842), Manuscripts & Folklife Archives

Folklife Archives Finding Aids

Finding aid only for Folklife Archives Project 842. This collection “Same Sex Marriage and the Law: An Oral History Project” is comprised of 16 interviews with attorneys--who participated in the 2013 case of Obergefell v. Hodges that challenged Kentucky’s laws related to recognition of same-sex marriages--and couples involved in the movement who sought change and hope for equality.

Newsroom: Sack Joins Women's Fund Of Ri Board, Roger Williams University School Law

Life of the Law School (1993- )

No abstract provided.

South African Marriage In Policy And Practice: A Dynamic Story, Michael W. Yarbrough

Publications and Research

Law forms one of the major structural contexts within which family lives play out, yet the precise dynamics connecting these two foundational institutions are still poorly understood. This article attempts to help bridge this gap by applying sociolegal concepts to empirical findings about state law's role in family, and especially in marriage, drawn from across several decades and disciplines of South Africanist scholarly research. I sketch the broad outlines of a nuanced theoretical approach for analysing the law-family relationship, which insists that the relationship entails a contingent and dynamic interplay between relatively powerful regulating institutions and relatively powerless regulated populations. …

Manuela H. V. The Eight Judicial District Court Of Nevada, In And For The County Of Clark; And The Honorable Robert Teuton And The State Of Nevada, 132 Nev., Adv. Op. 1 (Jan 7, 2016), Audra Powell

Nevada Supreme Court Summaries

The court held that in an abuse and neglect case, when the district court establishes a case plan which includes an action step not related to a specific allegation in the abuse and neglect petition, the court must make “specific factual findings that justify the action step with which the parent must comply.” In the present case, the district court did not make such findings as to its requirement that petitioner, Manuela H., submit to drug testing, thus the supreme court granted her petition for a writ of mandamus challenging the district court’s order.

Investigating The Role Of Race And Culture In The U.S. Juvenile Justice System, Brenda Mckinney

Children's Legal Rights Journal

No abstract provided.

Around The World: Testimony Aids For Children In Canada, Matthew Gilbert

Children's Legal Rights Journal

No abstract provided.

A Practitioner's Guide To Minnesota New Best Interest Factors, Michael P. Boulette

Journal of Law and Practice

No abstract provided.

Legal And Medical Ethical Entanglements Of Infant Male Circumcision And International Law, Paul Jerome Mclaughlin Jr.

Library Faculty Publications

The practice of infant male circumcision has been debated by legal and medical experts for years. The practice, once seen as a social norm, has come under opposition by children’s rights, legal, and medical organisations around the world. In order to meet the requirements of international treaty law and allow infant male children the fullest opportunity for self determination, infant male circumcision must be treated under the law and by medical practitioners with the same degree of opposition that female genital mutilation has received.

Reflections On "Innovations In Family Dispute Resolution", Deborah Thompson Eisenberg

Faculty Scholarship

No abstract provided.

Drinking From The Data Well: Response To Gamete Donor Anonymity And Limits On Numbers Of Offspring: The Views Of Three Stakeholders, Martha M. Ertman

Faculty Scholarship

No abstract provided.

Spotlight On: Project Nia - Building Peaceful Communities, Emily Blumenstein

Children's Legal Rights Journal

No abstract provided.

Homelessness And Legal Advocacy, Legal Clinic Program

Course Descriptions and Information

This clinic offers a comprehensive set of legal services focused on assisting and empowering low income individuals in their interaction with the legal system. Students explore the facets of homelessness and the role of legal advocacy in addressing its causes and alleviating its consequences.

Guardian Ad Litem, Legal Clinic Program

Course Descriptions and Information

GUARDIAN AD LITEM (GAL): This clinic focuses on legal advocacy on behalf of children, while providing students with a strong foundation in lawyering skills and values. This clinic addresses constitutional, statutory, and common laws impacting children, the legal interests of parents, and the government and the law’s evolving conception of children’s rights.

Guardian Ad Litem Clinic, Legal Clinic Program

Clinical Programs Brochures

The Guardian Ad Litem (GAL) clinic represents the “best interests” of children involved in dependency proceedings in the Juvenile Justice system in the State of Florida. We are designed to give students an overview and working knowledge of all aspects of representing children in dependency proceedings. The GAL Clinic addresses constitutional, statutory, and common laws impacting children, including the legal interests of parents and the government and the law’s evolving conception of children’s rights.

Homelessness And Legal Advocacy Clinic, Legal Clinic Program

Clinical Programs Brochures

The goals of the Homelessness and Legal Advocacy Clinic are to educate students in homelessness related issues, such as housing, public benefits, family law, and consumer law. In addition to interviewing clients at the Clinic's office, Clinic students interview homeless individuals at the Coalition for the Homeless, the Women's Residential Counseling Center, and potential clients who contact the Clinic.

Ethical Implications Of Posthumous Reproduction, Valarie K. Blake, Hannah L. Kushnick

Book Chapters

No abstract provided.

Recent Development: Sieglein V. Schmidt: Pursuant To § 1-206(B) Of The Estates And Trusts Article, Artificial Insemination Encompasses In Vitro Fertilization Using Donated Sperm; A Court May Use The Goldberger Factors To Determine Voluntary Impoverishment; A Trial Court Can Issue A Permanent Injunction For Harassment Based On § 1-203(A) Of The Family Law Article., Virginia J. Yeoman

University of Baltimore Law Forum

The Court of Appeals of Maryland held that the term “artificial insemination” includes in vitro fertilization using donated sperm, and that a consenting husband is presumed to be the father of the child born as a result of the procedure. Sieglein v. Schmidt, 447 Md. 647, 652, 136 A.3d 751, 754 (2016). The court also held that the circuit court did not abuse its discretion in finding the husband to be voluntarily impoverished or in issuing a permanent injunction based on harassment. Id.

Obergefell'S Missed Opportunity, Catherine Smith

Scholarly Articles

Part I of this article delineates the harms to children from marriage bans, harms that the Obergefell Court relied upon to recognize the fundamental right to marry for same-sex couples. Part II explains how Obergefell missed an opportunity to advance the constitutional rights of children by failing to invoke well-established equal protection law. This discussion briefly catalogues the omitted child-centered cases that warranted a more robust analysis of children's rights. This series of cases begins with the Brown v. Board of Education decision, and then turns to a number of post-Brown equal protection cases that explicitly prohibited state practices that …

I Am Whoever You Say I Am: How The Custodial Decisions Of Parents Can Affect And Limit A Transgender Child's Freedom And State Of Mind, Kasia Szczerbinski

Children's Legal Rights Journal

No abstract provided.

Rehabilitate The Community By Rehabilitating Its Youth- How Cognitive Science, Incarceration, And Jurisprudence Relate To The Criminal Justice System's Treatment Of Juveniles, Jacob L. Zerkle

Children's Legal Rights Journal

No abstract provided.

Table Of Contents, Children's Legal Rights Journal

Children's Legal Rights Journal

No abstract provided.

"The Child As Witness": Evaluating State Statutes On The Court's Most Vulnerable Population', Ashley Fansher, Rolando V. Del Carmen

Children's Legal Rights Journal

No abstract provided.

Youth Perspective: Stop And Frisk: Racial Profiling In Contemporary Urban America, Danielle Lahee

Children's Legal Rights Journal

No abstract provided.

Education Connection: The Effects Of Race, Culture, And Special Education On Minority Disproportionality In The Juvenile Justice System, Lisa Wiggin

Children's Legal Rights Journal

No abstract provided.

Table Of Contents, Children's Legal Rights Journal

Children's Legal Rights Journal

No abstract provided.