Family Law Commons^™

Gender And Specialization In The Practice Of Divorce Law, Richard J. Maiman, Lynn Mather, Craig A. Mcewen

Maine Law Review

In the past two decades, the gender composition of the legal profession in the United States has changed dramatically. While women comprised less than five percent of the nation's lawyers in 1970, the proportion of women lawyers had increased to more than 19% by the end of 1988, and roughly 40% of new lawyers each year are now women. However, the movement of women into the legal profession has not been easy. As a consequence, considerable commentary has been focused on the significant problems of sexual harassment, discrimination, and other forms of gender bias, and on such issues as the …

Examining Court Appointed Special Advocate Programs In Essex County, Massachusetts, Lauren Persson

Criminology Student Work

Court Appointed Special Advocates (CASA) have been advocating for children for decades. The primary goal of CASA is to help children in need achieve a better life outcome. Volunteers go through extensive training to ensure the children will receive proper court advocacy. Merrimack Valley CASA provides services to their clients, such as court advocacy, placement in permanent homes, appropriate educational opportunities, and improvement in a child’s overall wellbeing. The purposes of the current research are to examine the types of services and the perceived quality of those services provided by CASA, to assess the needs of the program, and to …

Juvenile In Justice: A Look At Maryland's Practice Of Incarcerating Children Without A Jury Trial, Kelsey Robinson

Maryland Law Review Online

No abstract provided.

Screened Out Of Housing: The Impact Of Misleading Tenant Screening Reports And The Potential For Criminal Expungement As A Model For Effectively Sealing Evictions, Katelyn Polk

Northwestern Journal of Law & Social Policy

Having an eviction record “blacklists” tenants from finding future housing. Even renters with mere eviction filings—not eviction orders—on their records face the harsh collateral consequences of eviction. This Note argues that eviction records should be sealed at filing and only released into the public record if a landlord prevails in court. Juvenile record expungement mechanisms in Illinois serve as a model for one way to protect people with eviction records. Recent updates to the Illinois juvenile expungement process provided for the automatic expungement of certain records and strengthened the confidentiality protections of juvenile records. Illinois protects juvenile records because it …

¿“La Familia Diversa”?: Una Investigación En Constructos De Familias En Ecuador En El Siglo Xxi, Julia Cornick

Independent Study Project (ISP) Collection

En este ensayo, exploro la constitución ecuatoriana de 2008, específicamente el artículo 67 que reconoce y protege “la familia diversa”. Este artículo supuestamente reconoce “la familia en sus diversos tipos”. Pero, otras partes de la constitución y las acciones del gobierno niegan el artículo en muchas maneras. A pesar de las promesas rotas y palabrerías de la constitución, individuos y grupos en comunidades LGBTI en Ecuador existen afuera de la constitución cuando construyen “familias alternativas”. A través de formas de familias alternativas, los ecuatorianos pueden hacer familias alternativas y significado afuera de la constitución, y voy a investigar las implicaciones …

Fraying The Knot: Marital Property, Probate, And Practical Problems With Tribal Bans, Suzianne D. Painter-Thorne

Articles

In the summer of 2015, marriage equality advocates celebrated the Supreme Court’s decision in Obergefell v. Hodges, which struck down state prohibitions on same-sex marriage.The Court found that “[t]he right of same-sex couples to marry . . . is part of the liberty promised by the Fourteenth Amendment.” Two years earlier, the Court had struck down parts of the federal Defense of Marriage Act (DOMA), finding that the federal government could not discriminate against same-sex married partners. With these two decisions, the Court ensured that the marriages of same-sex couples would be recognized by the federal government and in …

Alimony: The Taxing Economic Implications Of Divorce, Jared Mason, Amaia Kennedy

Brigham Young University Prelaw Review

In 2017 alone, over 750,000 American couples chose to divorce3.

Nationally, fifty percent of marriages end in divorce, with each of

these marriages lasting eight years, on average. Put another way,

a divorce occurs every 13 seconds, and each of those divorces is

expensive, with an average cost of approximately $15,000 per person.

Rethinking Foster Care: Why Our Current Approach To Child Welfare Has Failed, Vivek Sankaran, Christopher Church

Articles

Over the past decade, the child welfare system has expanded, with vast public and private resources being spent on the system. Despite this investment, there is scant evidence suggesting a meaningful return on investment. This Article argues that without a change in the values held by the system, increased funding will not address the public health problems of child abuse and neglect.

Rethinking Foster Care: Why Our Current Approach To Child Welfare Has Failed, Vivek Sankaran, Christopher Church

SMU Law Review Forum

Over the past decade, the child welfare system has expanded, with vast public and private resources being spent on the system. Despite this investment, there is scant evidence suggesting a meaningful return on investment. This Article argues that without a change in the values held by the system, increased funding will not address the public health problems of child abuse and neglect.

Law In The Time Of Covid-19, Katharina Pistor

Faculty Books

The COVID-19 crisis has ended and upended lives around the globe. In addition to killing over 160,000 people, more than 35,000 in the United States alone, its secondary effects have been as devastating. These secondary effects pose fundamental challenges to the rules that govern our social, political, and economic lives. These rules are the domain of lawyers. Law in the Time of COVID-19 is the product of a joint effort by members of the faculty of Columbia Law School and several law professors from other schools.

This volume offers guidance for thinking about some the most pressing legal issues the …

Domestic Violence: A Comparative Analysis Of Legal Statues In The United States (New York) And The Republic Of India (Mumbai), Lenard G. Gomes Esq.

Student Theses

Domestic violence has continued to be a major global issue effecting many if not all countries in the world. The form domestic violence can take varies from country to country. Laws protecting women from domestic violence also differs as a result This research examines how cultural differences impact domestic violence legislations in the United States and the Republic of India. India was chosen as a comparison jurisdiction because of differing demographics and possible variables in that country.

The primary data source for this study were the numerous enacted legislations pertaining to domestic violence that form the legislative landscape on domestic …

Public Opinions Of Unmanned Aerial Technologies In 2014 To 2019: A Technical And Descriptive Report, Lisa M. Pytlikzillig, Janell C. Walther, Carrick Detweiler, Sebastian Elbaum, Adam Houston

Lisa PytlikZillig Publications

The primary purpose of this report is to provide a descriptive and technical summary of the results from similar surveys administered in fall 2014 (n = 576), 2015 (n = 301), 2016 (ns = 1946 and 2089), and 2018 (n = 1050) and summer 2019 (n = 1300). In order to explore a variety of factors that may impact public perceptions of unmanned aerial technologies (UATs), we conducted survey experiments over time. These experiments randomly varied the terminology (drone, aerial robot, unmanned aerial vehicle (UAV), unmanned aerial system (UAS)) used to describe the technology, the purposes of the technology (for …

The Crime Of Grooming, Dr. Limor Ezioni

Child and Family Law Journal

No abstract provided.

Conditional Parentage Is The New Eugenics, Dr. Yael Efron, Dr. Pnina Lifshitz-Aviram

Child and Family Law Journal

No abstract provided.

The Putative Spouse And Marriage By Estoppel Doctrines: An "End Run Around Marriage" Or Just A Marriage?, Dana E. Prescott, Esq., Ph.D

Child and Family Law Journal

No abstract provided.

The Children Of Youtube: How An Entertainment Industry Goes Around Child Labor Laws, Neyza Guzman, J.D.

Child and Family Law Journal

No abstract provided.

The Baker Act: Time For Florida To Get Its Act Together, Alexander Lemieux

Child and Family Law Journal

No abstract provided.

Fertility Fraud And Proposal For Florida Legislation, Cheyenne Dunn

Child and Family Law Journal

No abstract provided.

The Loophole In The Florida Notice Requirement For Foster Caregivers, Eve Lumsden

Child and Family Law Journal

No abstract provided.

The Dangers Of Disclosure: How Hiv Laws Harm Domestic Violence Survivors, Courtney K. Cross

Washington Law Review

People living with HIV or AIDS must decide whether, how, and when to disclose their positive status. State laws play an outsized role in this highly personal calculus. Partner notification laws require that current and former sexual partners of individuals newly diagnosed with HIV be informed of their potential exposure to the disease. Meanwhile, people who fail to disclose their positive status prior to engaging in sexual acts—even acts that carry low to no risk of infection—can be prosecuted and incarcerated for exposing their partners to HIV. Although both partner notification laws and criminal HIV exposure laws were ostensibly created …

The Trauma Of Trump's Family Separation And Child Detention Actions: A Children's Rights Perspective, Jonathan Todres, Daniela Villamizar Fink

Washington Law Review

In April 2018, the Trump Administration publicly announced a new zero-tolerance policy for illegal entries at the U.S. border. This action kicked off a wave of family separations that made headlines and drew criticism from around the globe. Despite resounding condemnation of these actions, the Trump Administration defended its family separation policy as a “tough deterrent.” At least 2,600 families were torn apart in the ensuing months. And subsequent reports—from both the government and others—have detailed widespread abuses of and substandard conditions for children held in detention centers. The consequences of these separations and the maltreatment of children in detention …

Incarcerated Parents And Child Welfare In Washington, Sayer Rippey

Washington Law Review

From 2006 to 2016, 32,000 incarcerated parents in the United States permanently lost their parental rights without ever being accused of child abuse.1 Of these, approximately 5,000 lost their parental rights solely because of their incarceration.2 This “family separation crisis”3 followed on the heels of the Adoption and Safe Families Act (ASFA), a federal law which directs states to initiate parental termination proceedings against parents when their children have been in foster care for fifteen of the last twenty-two months.4 Some states, including Washington, attempted to mitigate ASFA’s devastating impact on incarcerated parents by adding exceptions for incarceration.5 This Comment …

In Pursuit Of Economic Justice: The Political Economy Of Domestic Violence Laws And Policies, Deborah M. Weissman

Utah Law Review

Violence experienced within the family — perhaps the most intimate of all social arrangements — causes devastating consequences. Recent phenomena, including accounts of perpetrators of mass shootings with a history of domestic violence and the #MeToo movement, have called new attention to the costs and consequences of violence against women. Intimate violence wreaks havoc extending beyond the private spaces of the household, thereupon to lay bare the structural shortcomings of public institutions.

The act of domestic violence enters the public imagination principally as an offense of physical abuse. It is more complicated. In fact, intimate partner violence (IPV) is often …

Before Loving: The Lost Origins Of The Right To Marry, Michael Boucai

Utah Law Review

For almost two centuries of this nation’s history, the basic contours of the fundamental right to marry were fairly clear as a matter of natural, not constitutional, law. The right encompassed marriage’s essential characteristics: conjugality and contract, portability and permanence. This Article defines those four dimensions of the natural right to marry and describes their reflections and contradictions in positive law prior to Loving v. Virginia (1967). In that landmark case, the Supreme Court enforced a constitutional “freedom to marry” just when marriage’s definitive attributes were on the brink of legal collapse. Not only did wedlock proceed in Loving’s wake …

Queering Reproductive Justice, Marie-Amélie George

University of Richmond Law Review

Queer reproductive justice applies the reproductive justice movement’s principles to queer needs and interests. The reproductive justice movement differs from the reproductive rights struggle by emphasizing that reproductive rights are about much more than whether and how to terminate a pregnancy.3 Founded in the mid- 1990s by feminists of color, this movement adopted a holistic approach to reproductive rights. As advocates argued, people’s ability to exercise personal bodily autonomy, decide to have or not have children, and raise any children they had were also reproductive rights concerns. Reproductive justice work thus encompasses a range of topics, including accessing sex education …

Riding The Storm Out After The Stonewall Riots: Subsequent Waves Of Lgbt Rights In Family Formation And Reproduction, Colleen Marea Quinn

University of Richmond Law Review

This Article will explore how LGBT family formation has evolved since the Stonewall Riots. The primary means for LGBT families to build their families, other than traditional intercourse between a man and a woman, were and continue to be through adoption and Assisted Reproductive Technologies (“ART”). In the world of assisted reproduction, typically a lesbian couple or a single woman use donor sperm, either known or unknown, coupled with artificial insemination. Gay men traditionally utilize a traditional or true surrogate (who is genetically related to the child) along with artificial insemination using the sperm of an intended father. As medical …

Building Queer Families And The Ethics Of Gestational Surrogacy, Kimberly Mutcherson

University of Richmond Law Review

Throughout American history, government has used the law to deny some citizens the right to create or sustain families with children to show contempt for those citizens. As LGBT people fought for dignity, equality, and justice from Stonewall to the present, one of the greatest success stories of that fight is the change in how the law defines and protects families. Into the 1990s, people in samesex relationships had cause to fear that their sexual orientation could be used to deprive them of custody of their children. Now, many states, through statute or case law, routinely recognize two parents of …

Evaluating The Facilitating Attuned Interactions (Fan) Approach: Vicarious Trauma, Professional Burnout, And Reflective Practice, Katherine Hazen, Matthew W. Carlson, Holly Hatton-Bowers, Melanie Fessinger, Jennie Cole-Mossman, Jamie Bahm, Kelli Hauptman J.D., Eve Brank, Linda Gilkerson

Center on Children, Families, and the Law: Faculty Publications

Background: This evaluation examined the use of the Facilitated Attuned Interaction (FAN) approach to reflective practice among child welfare and early childhood professionals working with vulnerable children and families.

Objective: The aims of the current evaluation were to test (a) the role of vicarious trauma in predicting professional burnout, (b) the effect of reflective practice quality in decreasing professional burnout, and (c) the ability of reflective practice quality to lessen the relationship between vicarious trauma and professional burnout.

Participants and Setting: The sample included sixty-three professionals across diverse professions including child welfare social workers, early childhood educators, and child welfare …

Free Battered Texas Women: Survivor-Advocates Organizing At The Crossroads Of Gendered Violence, Disability, And Incarceration, Cathy Marston Phd

Verbum Incarnatum: An Academic Journal of Social Justice

This article recaps my symposium presentation, where I argue that feminist organizing strategies are central to healing our society and creating restorative justice from my perspective as a survivor of occupational injury, battering, and criminalization for self-defense. This includes the creation of Free Battered Texas Women. We prefer to think of ourselves as survivor-advocates who use a variety of tactics to empower ourselves, incarcerated battered women, and citizens. These strategies include pedagogy; poetry and other written forms; art; and legislative advocacy. I blend this grassroots activism with feminist disability theory, radical feminist theory, feminist ethnography, and feminist criminology.

The New Ice Age: Addressing The Deficiencies In Arkansas's Posthumously Conceived Children Statute, Patrick Grecu

Arkansas Law Review

The ability to conceive a child using the preserved genetic material, or gametes, of a deceased person presents a number of legal issues for inheritance, estate planning, Social Security, and parental rights. New medical advancements in assisted reproductive technology (ART) enable individuals to conceive children after their death, complicating the conventional methods of determining heirship of the decedent under state intestacy laws. The purpose of intestacy law is to determine the succession of a decedent that dies without a will, or intestate, with the goal of carrying out the donative intent of the decedent. Intestacy law has failed to keep …