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Articles 211 - 240 of 283
Full-Text Articles in Family Law
Maintaining And Protecting The Cultural Identity Of Sami Children In Progressive Nordic Countries: The Laws Of Sweden And Its Past And Current Implications On Sami People, Amanda Hovde
Children's Legal Rights Journal
No abstract provided.
Using The Fourth Amendment As A Weapon To Keep Students In School, Adina Romaner
Using The Fourth Amendment As A Weapon To Keep Students In School, Adina Romaner
Children's Legal Rights Journal
No abstract provided.
Maryland's New Child Interrogation Protection Act Will Provide Much Needed Safeguards For Youth, Haley Shefferman
Maryland's New Child Interrogation Protection Act Will Provide Much Needed Safeguards For Youth, Haley Shefferman
Children's Legal Rights Journal
No abstract provided.
Table Of Contents, Children's Legal Rights Journal
Table Of Contents, Children's Legal Rights Journal
Children's Legal Rights Journal
No abstract provided.
Children Are Actors Too: In Search For Child Refugees' Agency, Stanislaw Kraweicki
Children Are Actors Too: In Search For Child Refugees' Agency, Stanislaw Kraweicki
Children's Legal Rights Journal
No abstract provided.
In Vitro Fertlization After Dobbs V. Jackson Women's Health Organization-- The Best Interest Of The "Embryo", Caitlyn Schaffer
In Vitro Fertlization After Dobbs V. Jackson Women's Health Organization-- The Best Interest Of The "Embryo", Caitlyn Schaffer
Children's Legal Rights Journal
No abstract provided.
Helping Asylum Seekers And New Asylees Find Their Way In The United States, Kristin Briner
Helping Asylum Seekers And New Asylees Find Their Way In The United States, Kristin Briner
Children's Legal Rights Journal
People seek asylum in the United States (U.S.) when their home country is no longer safe due to persecution or other forms of violence. However, obtaining asylum is a notoriously complicated process due to the numerous government agencies involved, the immigration courts' backlogs, and the possibility of detention while awaiting a hearing. The current U.S. immigration system is itself a large barrier to individuals seeking asylum, and information regarding legal rights and protections are often inaccessible to asylum seekers. In this way, the U.S. immigration officials cause massive injustices against asylum seekers and those who have been granted asylum ("asylees"). …
The Ukrainian Family Separation Crisis, Amanda Scott
The Ukrainian Family Separation Crisis, Amanda Scott
Children's Legal Rights Journal
In the aftermath of the Russian invasion of Ukraine in February 2022, there has been a dramatic increase in Ukrainian family separation. Women and their children were forced to leave their homes and oftentimes their husbands, to seek safety in another country. Family separation was an expected consequence of the war, and in preparation for this disaster, UNICEF trained thousands of people on how to shelter children separated from their families in Ukraine. However, no amount of preparation could have been sufficient to handle the magnitude of Ukrainian family separation that took place within such a short amount of time. …
The Unborn Child Support Act: Support For Expecting Mothers Or Pro-Fetus Personhood Act, Taelor Thornton
The Unborn Child Support Act: Support For Expecting Mothers Or Pro-Fetus Personhood Act, Taelor Thornton
Children's Legal Rights Journal
Since the decision in Dobbs v. Jackson Women's Health Organization overturned Roe v. Wade in 2022, Republican Senators have proposed a new bill, the Unborn Child Support Act, that would allow prospective mothers to request child support from their child's prospective fathers from the moment of conception as determined by a physician. Under the Act, paternity tests are only conducted if the mother consents, and if the safety of the child can be maintained. The bill originates from the idea that life begins at conception, allowing women to receive child support payments while they are pregnant from their child's father …
Endangered By Junk Science: How The New Zealand Family Court's Admission Of Unreliable Expert Evidence Places Children At Risk, Carrie Leonetti
Endangered By Junk Science: How The New Zealand Family Court's Admission Of Unreliable Expert Evidence Places Children At Risk, Carrie Leonetti
Children's Legal Rights Journal
No abstract provided.
A Call To Dismantle Systemic Racism In Criminal Legal Systems, Cynthia J. Najdowski, Margaret C. Stevenson
A Call To Dismantle Systemic Racism In Criminal Legal Systems, Cynthia J. Najdowski, Margaret C. Stevenson
Psychology Faculty Scholarship
Objectives: In October 2021, APA passed a resolution addressing ways psychologists could work to dismantle systemic racism in criminal legal systems. The present report, developed to inform APA’s policy resolution, details the scope of the problem and offers recommendations for policy and psychologists to address the issue by advancing related science and practice. Specifically, it acknowledges the roots of modern-day racial and ethnic disparities in rates of criminalization and punishment for people of color as compared to White people. Next, the report reviews existing theory and research that helps explain the underlying psychological mechanisms driving racial and ethnic disparities …
How Beneficial Is Florida's Community Property Trust Act To The Marital Estate? A Legislative Analysis Of Florida's Community Property Trust Act, Massiel Alonso
How Beneficial Is Florida's Community Property Trust Act To The Marital Estate? A Legislative Analysis Of Florida's Community Property Trust Act, Massiel Alonso
St. Thomas Law Review
Florida is a migratory state, famous for its tropical climate and its generous tax laws. Now, Florida is joining Alaska, Tennessee, South Dakota, and Kentucky in offering a Community Property Trust for marital property. One of the benefits of a Community Property Trust Act (“CPTA”) is that when a spouse owning community property dies, the basis of both the deceased spouse’s and the surviving spouse’s (50%) shares of the property are adjusted to the property’s fair market value at the date of the decedent spouse’s death. This sort of tax adjustment is referred to as a “double step-up in basis,” …
Child Welfare Requires Adequate Remedial Services, Raymond C. O'Brien
Child Welfare Requires Adequate Remedial Services, Raymond C. O'Brien
Scholarly Articles
This Article argues that the focus of child welfare should be upon the adequacy of reasonable services provided to parents prior to and after their child has been declared dependent because of an abuse or neglect allegation. Admittedly, recent federal legislation funding rehabilitation services while permitting a child to remain with an offending parent may result in less trauma, but this feature should not distract from the point that states must develop adequate reasonable services, and these must be provided within a specified period of time. The consequence of inadequate reasonable services, unable to address adverse conduct within a specified …
Parent Zero, Jessica Feinberg
Parent Zero, Jessica Feinberg
Faculty Publications
When a child is born, the law makes a critical determination regarding who will be recognized as the child’s legal parent(s). This determination carries immense importance both for children and for individuals who are, or seek to be, identified as legal parents. Essential rights, protections, and obligations attach to a legally recognized parent-child relationship, and in the vast majority of cases an individual who is recognized at birth as a child’s legal parent will retain that status permanently. The determination of the child’s first legal parent historically has been a straightforward one, and this largely remains true today outside of …
The Fathers' Veto And Fatherhood As Property, Yvonne F. Lindgren
The Fathers' Veto And Fatherhood As Property, Yvonne F. Lindgren
Faculty Works
Over the last twenty-five years, state legislators have been quietly adding civil remedy provisions to antiabortion legislation to supplement, and in the case of Texas’s Senate Bill 8, to completely replace the traditional criminal and administrative enforcement mechanisms of restrictive abortion legislation. Laws currently in effect in at least eight states permit fathers to sue abortion providers for civil damages for wrongful death and emotional distress for alleged harms that result from the abortion procedure. Several state legislatures have introduced laws—although to date all have been enjoined or are being challenged—that require women seeking an abortion to get signed consent …
Constitutional Issues In Family Law: An Annotated Bibliography (Part 1 Of 2), Allen K. Rostron
Constitutional Issues In Family Law: An Annotated Bibliography (Part 1 Of 2), Allen K. Rostron
Faculty Works
This bibliography covers some of the significant constitutional issues arising in the realm of family law today, as well as other legal and policy issues spinning off of the constitutional controversies. It focuses on issues discussed in the articles in this issue of the Journal of the American Academy of Matrimonial Lawyers.
Covid-19'S Impact On Families, Lawyers, And Courts: An Annotated Bibliography, Allen K. Rostron
Covid-19'S Impact On Families, Lawyers, And Courts: An Annotated Bibliography, Allen K. Rostron
Faculty Works
No abstract provided.
End Of Life, Elder Abuse, And Guardianship: An Exploration Of New York’S Surrogate Decision-Making Framework, Tristan Sullivan-Wilson, Esq., Deirdre Lok, Esq., Joy Solomon, Esq.
End Of Life, Elder Abuse, And Guardianship: An Exploration Of New York’S Surrogate Decision-Making Framework, Tristan Sullivan-Wilson, Esq., Deirdre Lok, Esq., Joy Solomon, Esq.
Touro Law Review
The best end of life care is always that which aligns with the wishes and values of the incapacitated person. For individuals with the capacity to execute advance directives, these documents and conversations with appointed surrogates are the clearest way to make care values known. However, the time, access, and ability to engage in advance planning is not an opportunity equally afforded.For those without advance directives and now involved in a guardianship proceeding, the party petitioning or otherwise involved in the case should consider addressing end of life decision-making directly in the guardianship hearing when major medical decision-making power may …
Paternity Leave, Olivia Corey
Paternity Leave, Olivia Corey
Emerging Writers
Paternity leave in the United States is extremely lacking and undervalued. This paper seeks to evaluate paternity leave and its benefits as well as explore the reasons why it is so uncommon in our society. It argues that paternity leave should be federal law.
The Negative Impact Of Service Member And Veteran Post Traumatic Stress Disorder (Ptsd) Rating Or Specter Of Ptsd On Child Custody Arrangements, Erhan Bedestani
The Negative Impact Of Service Member And Veteran Post Traumatic Stress Disorder (Ptsd) Rating Or Specter Of Ptsd On Child Custody Arrangements, Erhan Bedestani
Catholic University Journal of Law and Technology
No abstract provided.
Commercial Surrogacy: Building Families Outside Of Family Law, Sylvie Armstrong
Commercial Surrogacy: Building Families Outside Of Family Law, Sylvie Armstrong
UC Law SF Journal on Gender and Justice
Assisted Reproductive Technology continues to grow in popularity. Commercial surrogacy has proved no exception to this trend. However, lack of regulation at the international, federal, and state levels has given rise to a myriad of ethical and legal problems. This article considers the taxonomical question that any regulator must ask: Which field of law ought to be responsible for regulating this industry? It argues that although commercial surrogacy is often discussed as part of the family law rubric, on closer inspection, family law is fundamentally ill-suited to meet the needs of those involved in commercial surrogacy. By demonstrating the challenges …
Reforming Singapore’S Law On Division Of Matrimonial Assets, Jia En Teo
Reforming Singapore’S Law On Division Of Matrimonial Assets, Jia En Teo
Singapore Law Journal (Lexicon)
Section 46(1) of the Women’s Charter undergirds the sacrosanct institution that is marriage – it lays out its moral basis and expresses society’s hopes and expectations of the ideal marital relationship: marriage is an equal cooperative partnership of different efforts for mutual benefit. It is thus no surprise that even when a marriage is terminated, the division of matrimonial assets is also founded upon this prevailing ideology. However, as opposed to equal division, Singapore law dictates a “just and equitable” division of matrimonial assets, where wide discretion and power is vested in the judiciary. This legal rule has been criticised …
The Boundaries Of Multi-Parentage, Jessica Feinberg
The Boundaries Of Multi-Parentage, Jessica Feinberg
Faculty Publications
Multi-parentage has arrived. In recent years, a growing number of courts and legislatures have recognized that a child may have more than two legal parents. A number of significant societal, medical, and legal developments have contributed to the trend toward multi-parentage recognition. The traditional family structure of a married different-sex couple and their biological children currently represents only a minority of U.S. families. Stepparents, non-marital partners of legal parents, and extended family members often play a significant role in children’s lives, and it has become increasingly common for same-sex couples to welcome children into their families. In addition, advancements in …
Weaponizing Fear, Lisa S. Washington
Survived & Coerced: Epistemic Injustice In The Family Regulation System, Lisa S. Washington
Survived & Coerced: Epistemic Injustice In The Family Regulation System, Lisa S. Washington
Faculty Scholarship
No abstract provided.
Chief Justice Max Baer’S Family Law Opinions (2004-2022), Joel Fishman
Chief Justice Max Baer’S Family Law Opinions (2004-2022), Joel Fishman
Law Faculty Publications
Chief Justice Baer has a long history of family law adjudications beginning in 1990, as a judge, then administrative judge, in the Court of Common Pleas of Allegheny County Court, Family Division. Between 1990 and 1999 he served in the Family Division, then the Civil Division until 2004, when C.J. Baer was elected to the Supreme Court of Pennsylvania. C.J. Baer garnered statewide and national recognition for his advocacy, diligence, and effective work in the area of juvenile justice.
Adopting Social Media In Family And Adoption Law, Stacey B. Steinberg, Meredith Burgess, Karla Herrera
Adopting Social Media In Family And Adoption Law, Stacey B. Steinberg, Meredith Burgess, Karla Herrera
UF Law Faculty Publications
Social media has dramatically changed the landscape facing families brought together through adoption. Just as adoptive families thirty years ago could not have predicted the impact of DNA technology on post-adoption family life, adoptive families are only now beginning to grasp the impact of social media connectivity on the lives of their growing children. This change is both related to social media’s impact on family life and fundamental shifts in our understandings about privacy more generally. Understanding the legal rights of parents and children in these circumstances is both a novel and underexplored issue for family law, constitutional law, and …
Book Review: Parental Guidance, State Responsibility And Evolving Capacities: Article 5 Of The United Nations Convention On The Rights Of The Child, Nancy Dowd
UF Law Faculty Publications
The latest book from the United Nations Convention on the Rights of the Child Implementation Project focuses on Article 5 of the convention, which provides: States Parties shall respect the responsibilities, rights and duties of parents or, where applicable, the members of the extended family or community as provided for by local custom, legal guardians or other persons legally responsible for the child, to provide, in a manner consistent with the evolving capacities of the child, appropriate direction and guidance in the exercise by the child of the rights recognized in the present Convention.
Judicial Workbook On Bill C-92 — An Act Respecting First Nations, Inuit And Métis Children, Youth And Families, Hadley Friedland, Naiomi Metallic, Koren Lightning-Earle
Judicial Workbook On Bill C-92 — An Act Respecting First Nations, Inuit And Métis Children, Youth And Families, Hadley Friedland, Naiomi Metallic, Koren Lightning-Earle
Articles, Book Chapters, & Popular Press
Objective: Based on the purpose, history, textual wording and relevant interpretative principles, these are the approaches to the provisions of the Act that we believe will best achieve its purpose, which Canada has identified as “to protect and ensure the well-being of Indigenous children, families and communities by promoting culturally sensitive child welfare services, with the goal of putting an end to the overrepresentation of Indigenous children in child and family services systems."
A Gender-Based Approach To Historical Child Support: Comment On Colucci V Colucci, Jodi Lazare, Kelsey Warr
A Gender-Based Approach To Historical Child Support: Comment On Colucci V Colucci, Jodi Lazare, Kelsey Warr
Articles, Book Chapters, & Popular Press
In June 2021 the Supreme Court of Canada (the “Court”) released Colucci v Colucci, its second decision in twelve months dealing with the complex subject of historical (commonly referred to as retroactive) child support. The case worked a significant shift in the law, arguably the first major revision to the law since the Court’s initial consideration of historical child support in DBS, in 2006. This comment suggests that Colucci represents a new understanding of the way that claims for historical child support should be considered in Canadian family law. The comment argues that in changing the applicable framework, …