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Articles 31 - 60 of 230
Full-Text Articles in Family Law
The Pro Bono Collaborative Project Spotlight: Rwu Law Alums Providing Pro Bono Through The Pbc (September 20, 2018), Roger Williams University School Of Law
The Pro Bono Collaborative Project Spotlight: Rwu Law Alums Providing Pro Bono Through The Pbc (September 20, 2018), Roger Williams University School Of Law
Pro Bono Collaborative Staff Publications
No abstract provided.
Equitable Relief For Erisa Benefit Plan Designation Mistakes, Raymond C. O'Brien
Equitable Relief For Erisa Benefit Plan Designation Mistakes, Raymond C. O'Brien
Catholic University Law Review
Since its enactment in 1974, the Employee Retirement Income Security Act (ERISA) and related insurance and disability programs provided retirement security for employees and employers, amassing more than $9 trillion in protected assets. Congress preempted conflicting state laws so as to promote certainty of distribution and ease of administration, two hallmarks of ERISA-governed plans. Nonetheless, since 1974, American society embraced spousal equality, an increased number of marriages end in divorce, and wealth most often passes through nonprobate transfers such as insurance contracts and pension policy plans. To accommodate these societal and wealth changes, states enacted statutes to provide elective share …
Cohabitation In Illinois: The Need For Legislative Intervention, Stefanie L. Ferrari
Cohabitation In Illinois: The Need For Legislative Intervention, Stefanie L. Ferrari
Chicago-Kent Law Review
No abstract provided.
In Re Parental Rights As To S.L., 134 Nev. Adv. Op. 59 (Aug. 2, 2018), Maliq Kendricks
In Re Parental Rights As To S.L., 134 Nev. Adv. Op. 59 (Aug. 2, 2018), Maliq Kendricks
Nevada Supreme Court Summaries
The Court determined that termination of parental rights is valid when parents fail to take necessary remedial action for reunification with their children and the termination is in the best interest of the children pursuant to NRS 128.105(1)(a).
From Marriage To Households: Towards Equal Treatment Of Intimate Forms Of Life, Deborah Zalesne, Adam Dexter
From Marriage To Households: Towards Equal Treatment Of Intimate Forms Of Life, Deborah Zalesne, Adam Dexter
Buffalo Law Review
Law and attitudes around marriage have changed drastically in our own history and are widely different across cultures. Same-sex marriage is now legal, polyamorous relationships are on the rise, and, as an empirical matter, marriage serves a different purpose than it did as little as forty years ago -- marriage is no longer a prerequisite for sexual intimacy, cohabitation, or parenthood. There are no essential elements to a definition of marriage to which the state can appeal without arbitrarily restricting citizens’ possibilities with respect to their most intimate relationships. Therefore, because any state-sanctioned version of marriage will be arbitrary, the …
The New Family Freedom, Emily J. Stolzenberg
The New Family Freedom, Emily J. Stolzenberg
Faculty Publications
In family law, “autonomy” has traditionally meant freedom from state interference in one’s intimate life. This Article describes an emergent, libertarian vision of autonomy as property rights that also demands freedom from other family members. This conception, “choice about obligations,” holds redistribution of resources between intimates to be illegitimate unless the richer party “chose” to take on financial obligations ex ante by ceremonially marrying or formally contracting. But as more people conduct their intimate lives outside these legal institutions, choice about obligations increasingly collides with another, more fundamental, family law principle: the imperative to “privatize dependency,” i.e., to redistribute resources …
Is Marriage A Proxy For Wealth?, Phyllis C. Taite
Is Marriage A Proxy For Wealth?, Phyllis C. Taite
Other Faculty Publications
No abstract provided.
An Immodest Proposal For Birth Registration In Donor-Assisted Reproduction, In The Interest Of Science And Human Rights, Elizabeth Samuels
An Immodest Proposal For Birth Registration In Donor-Assisted Reproduction, In The Interest Of Science And Human Rights, Elizabeth Samuels
Articles
Increasingly, an individual or a couple raising a newborn child may not be biologically related to the child. The child may be conceived with donated gametes -- a donated egg or sperm or both. A surrogate may gestate the child. The couple may be same-sex. Although we are aware of these developments, we are failing to collect information about them that is vital for medical, public health, and social science research as well as for protecting human rights. Information drawn from birth records is crucial for research, but it is becoming less accurate and less useful as parents who are …
The Impact Of Domestic Violence On Immigrant Women, Shawna C. Quast
The Impact Of Domestic Violence On Immigrant Women, Shawna C. Quast
DePaul Journal of Women, Gender and the Law
No abstract provided.
The Story Of Parenthood, Courtney Cahill
“Who Will Judge The Many When The Game Isthrough?”: Considering The Profound Differencesbetween Mental Health Courts And “Traditional”Involuntary Civil Commitment Courts, Michael L. Perlin
“Who Will Judge The Many When The Game Isthrough?”: Considering The Profound Differencesbetween Mental Health Courts And “Traditional”Involuntary Civil Commitment Courts, Michael L. Perlin
Seattle University Law Review
For forty years, we have known that involuntary civil commitment hearings are—in most jurisdictions—“charades.” When the Supreme Court noted, in Parham v. J.R., that the average length of a civil commitment hearing ranged from 3.8 to 9.2 minutes, the reaction of many who had done these cases was, “What? So long?!” The characterization of such hearings as being a “greased runway” to a state institution has never been disputed. Lawyers representing these individuals were bored or contemptuous; judges simply wanted to get cases moving; opposing counsel looked at their wrist watches to see when the cases would be done. This …
My Name Is Not 'Respondent Mother': The Need For Procedural Justice In Child Welfare Cases, Vivek S. Sankaran
My Name Is Not 'Respondent Mother': The Need For Procedural Justice In Child Welfare Cases, Vivek S. Sankaran
Articles
You are a parent whose children are in foster care. Your court hearing is today, after which you hope your children will return home. Upon leaving the bus, you wait in line to enter the court. At the metal detectors you’re told you can’t bring your cell phone inside. With no storage options, you hide your phone in the bushes, hoping it will be there when you return.
Free-Range Parenting Gets Legal Protection In Utah - But Should The State Dictate How To Parent?, David Pimentel
Free-Range Parenting Gets Legal Protection In Utah - But Should The State Dictate How To Parent?, David Pimentel
Articles
No abstract provided.
Habitual Residence V. Domicile: A Challenge Facing American Conflicts Of Laws, Mo Zhang
Habitual Residence V. Domicile: A Challenge Facing American Conflicts Of Laws, Mo Zhang
Maine Law Review
Habitual residence has now become an internationally accepted connecting factor in conflict of laws and is widely being used as an alternative to, or replacement of, domicile. This concept, however, remains remote to American conflict of laws. Although the use of habitual residence in the U.S. courts is mandated by the codification of the Hague Child Abduction Convention, there is still a lack of general acceptance in American conflict of law literature. The Article argues that habitual residence should be adopted as a conflict of law connecting factor in American conflict of laws, and it would be unwise for the …
A (Re)Adoption Story: What Is Driving Adoptive Parents To Rehome Their Children And What Can Texas Do About It, Emma Martin
A (Re)Adoption Story: What Is Driving Adoptive Parents To Rehome Their Children And What Can Texas Do About It, Emma Martin
Texas A&M Law Review
Ava was adopted from Africa when she was four years old. She became the baby sister to two older brothers and the daughter to two loving, experienced parents. A year or two after Ava moved to America, she and her “forever family” attended a Colorado summer camp. All was seemingly well until the camp staff and the other families at camp started to notice something strange about the way Ava’s parents treated her compared to her brothers. After an activity, the parents greeted the brothers with an excited “did you have fun?” or “what did you learn?,” while the parents …
Domestic Asset Tracing And Recovery Of Hidden Assets And The Spoils Of Financial Crime, Nathan Wadlinger, Carl Pacini, Nicole Stowell, William Hopwood, Debra Sinclair
Domestic Asset Tracing And Recovery Of Hidden Assets And The Spoils Of Financial Crime, Nathan Wadlinger, Carl Pacini, Nicole Stowell, William Hopwood, Debra Sinclair
St. Mary's Law Journal
Abstract forthcoming
Criminalizing Battered Mothers, Courtney Cross
Criminalizing Battered Mothers, Courtney Cross
Utah Law Review
How a domestic violence survivor responds to the abuse she is experiencing depends on many factors. Some critical considerations include her access to resources, desire to stay in her relationship, and assessment of her own safety. Criminal and civil court systems place enormous pressure on survivors to separate from their abusive partners. Not only are survivors with children pressured to leave, they are punished when they stay. That punishment can come in any combination of diminished custody rights, limited parental rights, and incarceration. Yet a survivor who flees with her children is not immune to these same consequences: if she …
Two & A Half Parents: Three-Parent Ivf And Medical Malpractice In The United States, Jay M. Fulk
Two & A Half Parents: Three-Parent Ivf And Medical Malpractice In The United States, Jay M. Fulk
Concordia Law Review
Fertility medicine is seeing a rapid advancement with the emergence of a new procedure called three-parent in vitro fertilization (IVF). This novel procedure provides an opportunity for women who have defective mitochondria to bear their own healthy genetic children. As women encounter fertility issues, they will often turn to regular IVF by receiving an egg from a donor—ultimately resulting in a child with no genetic relation to the mother. Women with defective mitochondria will likely pass down a mitochondrial disease to their children, therefore, bearing a child without the assistance from a donor does not present a viable option. Mitochondrial …
Placentophagy: A Women's Right To Her Placenta, Amber Goeden
Placentophagy: A Women's Right To Her Placenta, Amber Goeden
Concordia Law Review
Placentophagy is the consumption of the placenta after childbirth. While not every woman participates in placentophagy, there has been a notable increase of the practice. Many reasons exist in why woman partake in placentophagy. The most notable reasons for the growth, is the claimed increased breast milk production and the potential for reducing the effects of post-partum depression. Even though a woman might choose to partake in placentophagy, she might be met with law, or the lack thereof, that restricts her access to her placenta. Due to the increased requests for the placenta it has highlighted that a woman’s right …
“Indian” As A Political Classification: Reading The Tribe Back Into The Indian Child Welfare Act, Allison Krause Elder
“Indian” As A Political Classification: Reading The Tribe Back Into The Indian Child Welfare Act, Allison Krause Elder
Northwestern Journal of Law & Social Policy
In the summer of 2018, the Ninth Circuit will consider an appeal from the dismissal of a constitutional challenge to the Indian Child Welfare Act (ICWA). Brought by a conservative think-tank, this case frames the ICWA as race-based legislation, violating equal protection by depriving Indian children of the same procedures as non-Indian children in child custody cases. In reality, the ICWA seeks to protect the interests of tribes, Indian families, and Indian children by establishing special procedures and obligations in Indian child custody cases. On its face, the ICWA is concerned not with the race of children, but with the …
Litigating Trauma As Disability In American Schools, Taylor N. Mullaney
Litigating Trauma As Disability In American Schools, Taylor N. Mullaney
Northwestern Journal of Law & Social Policy
No abstract provided.
An Illiberal Union, Sonu Bedi
An Illiberal Union, Sonu Bedi
William & Mary Bill of Rights Journal
This Article breaks new ground by applying the philosophical framework of liberal neutrality (most famously articulated by John Rawls) to the United States Supreme Court’s jurisprudence on marriage. At first blush, the Court’s decision in Obergefell v. Hodges—the culmination of marriage rights—seems to affirm a central principle of liberalism, namely equal access to marriage regardless of sexual orientation. Gays and lesbians can finally take part in an institution that celebrates the union of two committed individuals. But perversely, in its attempt to expand access to marriage, the Court has simultaneously entrenched values that are antithetical to the basic tenants …
The Devil You Don’T Know: Implicit Bias Keeps Women In Their Place, Michele N. Struffolino
The Devil You Don’T Know: Implicit Bias Keeps Women In Their Place, Michele N. Struffolino
Pace Law Review
While men’s claims of gender bias in the family law system are acknowledged, this article focuses on how bias, whether implicit or explicit under the guise of unconscious attitudes or behavior, continues to place women at a systemic disadvantage. Although implicit bias also impacts outcomes in child abuse and neglect actions involving the state, the focus of this article is the impact of implicit bias in actions between women and men in the family courts, in particular those issues involved in the dissolution of the relationship and the family unit. First, the emergence of implicit social cognition theory will be …
Custody Rights Of Same-Sex Couples In The United States V. Chile: More Progress Needed, Isabel Jolicoeur
Custody Rights Of Same-Sex Couples In The United States V. Chile: More Progress Needed, Isabel Jolicoeur
University of Miami Inter-American Law Review
No abstract provided.
Her Belly, Their Baby: A Contract Solution For Surrogacy Agreements, Devon Quinn
Her Belly, Their Baby: A Contract Solution For Surrogacy Agreements, Devon Quinn
Journal of Law and Policy
The 1986 Baby M case was the first American court ruling regarding the validity of surrogacy. The contentious custody battle between the intended parents and their surrogate highlighted the issues and fears associated with the practice, impacted legislation throughout the United States, and captured national media attention. Since 1986, however, the landscape of the American family has changed -- gay marriage has been legalized in the United States, one in eight American heterosexual couples struggle with fertility issues, women are more likely to wait longer to have children, and developments in technology such as in-vitro fertilization offer new fertility options …
Unregulated Custody Transfers: Why The Practice Of Rehoming Should Be Considered A Form Of Illegal Adoption And Human Trafficking, Michael D. Aune
Unregulated Custody Transfers: Why The Practice Of Rehoming Should Be Considered A Form Of Illegal Adoption And Human Trafficking, Michael D. Aune
Georgia Journal of International & Comparative Law
No abstract provided.
Honoring Professor Bruce Kogan (05-07-2018), Michael M. Bowden
Honoring Professor Bruce Kogan (05-07-2018), Michael M. Bowden
Life of the Law School (1993- )
No abstract provided.
Failure To Reform Experimental Treatment Accessibility Leads Push For Legalization Of Assisted Suicide And Euthanasia In A Surprising New Group Of Individuals—Children, Caitlin Massey
Child and Family Law Journal
No abstract provided.
Campbell V. Campbell: Requiring Adherence To The Correct Legal Standard In Child Custody Proceedings - The "Best Interest Of The Child", Lisa M. Fitzgibbon
Campbell V. Campbell: Requiring Adherence To The Correct Legal Standard In Child Custody Proceedings - The "Best Interest Of The Child", Lisa M. Fitzgibbon
Maine Law Review
Should a divorce court be permitted to consider evidence of a parent's misuse of legal process when rendering a child custody decree? In Campbell v. Campbell the Maine Superior Court concluded that Mrs. Campbell had sought an ex parte protection from abuse order against her husband in an effort to gain a tactical advantage in the custody proceeding—she did not need protection from abuse. The court then awarded Mr. Campbell custody of the children, on the basis of Mrs. Campbell's misuse of legal process. Yet, by focusing its attention upon one parent's conduct, the superior court deviated from what was …
In Search Of A Theory Of Alimony, John C. Sheldon, Nancy Diesel Mills
In Search Of A Theory Of Alimony, John C. Sheldon, Nancy Diesel Mills
Maine Law Review
Maine's alimony statute is full of good advice. It directs judges who hear requests for alimony to “consider” all kinds of things, from the parties' individual wealth to their individual health, from their respective ages to their respective wages, from the length of their marriage to the strength of their educations. And, as if to subdue any doubt about the breadth of this assignment, the statute then invites judges to take into account “any other factors the court considers appropriate.” In short, the statute grants judges almost unlimited discretion in awarding alimony. Power notwithstanding, however, anyone who reads the statute …