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Articles 61 - 90 of 119

Full-Text Articles in Family Law

Law And Lgbq-Parent Families, Emily Kazyak, Brandi Woodell Jan 2016

Law And Lgbq-Parent Families, Emily Kazyak, Brandi Woodell

Department of Sociology: Faculty Publications

This paper addresses how the law affects LGBQ-parent families. We first outline the legal landscape that LGBQ parents face in the US, underscoring that it varies drastically by state and creates inequity for families. Reviewing existing social science research, we then address how the law affects three processes for LGBQ people: desiring parenthood, becoming a parent, and experiencing parent- hood. Our review indicates that the law affects if and how LGBQ people become parents. LGBQ people consider the law as they make decisions about whether to pursue adoption, donor insemination, or surrogacy and often view the latter two pathways as …


On The "Poverty Of Responsibility": A Study Of The History Of Child Protection Law And Jurisprudence In Nova Scotia, Ilana Luther Sep 2015

On The "Poverty Of Responsibility": A Study Of The History Of Child Protection Law And Jurisprudence In Nova Scotia, Ilana Luther

PhD Dissertations

This thesis presents a history of child protection law and jurisprudence in Nova Scotia. The thesis begins by examining the development of the first child protection statute in Canada, the Nova Scotia Prevention and Punishment of Wrongs to Children Act in 1882. The Act was developed amidst a climate of reform in late-19th century Halifax, at the urging of the Society for the Prevention of Cruelty to Animals. The Act, along with a number of other pieces of “domestic relations” legislation at the time, was focused on protecting children in poverty. With the passing of the Act, the legislature not …


Denying The Dyad: How Criminalizing Pregnant Use Harms The Baby, Taxpayers And Vulnerable Women, Melissa Ballengee Alexander Jul 2015

Denying The Dyad: How Criminalizing Pregnant Use Harms The Baby, Taxpayers And Vulnerable Women, Melissa Ballengee Alexander

Faculty Articles

No abstract provided.


A Baby Step: The Status Of Surrogacy Law In Wisconsin Following Rosecky V. Schissel, Joshua J. Bryant Jun 2015

A Baby Step: The Status Of Surrogacy Law In Wisconsin Following Rosecky V. Schissel, Joshua J. Bryant

Marquette Law Review

Surrogacy is an ancient and rapidly expanding industry in the United States and abroad. Despite this, the legal landscape governing surrogacy contracts remains tenuous in a majority of states—including Wisconsin. In 2013, the Wisconsin Supreme Court took the first step in developing surrogacy contract law in Wisconsin. Absent legislative guidance, the court fashioned a reasonable foundation for surrogacy contracts. However, its decision does little to ensure that intending parents and surrogate mothers who enter into such agreements fully understand their responsibilities and have assurances that their expectations will be met. This Comment does not seek to argue, as many others …


Impact Of The “Nirbhaya” Rape Case: Isolated Phenomenon Or Social Change?, Tina P. Lapsia May 2015

Impact Of The “Nirbhaya” Rape Case: Isolated Phenomenon Or Social Change?, Tina P. Lapsia

Honors Scholar Theses

In December 2012, a twenty-three year old college student, who was given the pseudonym “Nirbhaya” (“fearless”), was fatally gang-raped on a private bus in Delhi, India, galvanizing the country to swiftly adopt new legislative measures and catapulting the issue of violence against women in India into the international spotlight. Although assault and rape cases have made India infamous for its high volume of crimes against women, the reaction to this particular incident was much different from before. This paper investigates whether the governmental and societal responses represent social change, as indicated by changing attitudes towards violence against women in India. …


Tracking Queer Kinships: Assisted Reproduction, Family Law And The Infertility Trap, Stewart Donnell Marvel Apr 2015

Tracking Queer Kinships: Assisted Reproduction, Family Law And The Infertility Trap, Stewart Donnell Marvel

PhD Dissertations

The global advent of assisted human reproduction has brought with it an upheaval in social, cultural and legal norms of the family. The centrality of biological reproduction to the traditional heterosexual family has been challenged by reproductive intervention, further destabilizing nuclear family norms already unmoored by same-sex marriage, single mothers, unwed fathers, and increased access to divorce, contraceptives and abortion. As these challenges have shifted EuroAmerican social norms of family, the law has increasingly been called upon to preside over the re-organization of intimate life, operating as a central vehicle to reframe the relationship of the family to the state. …


"'The Law’S The Law, Right?' Sexual Minority Mothers Navigating Legal Inequities And Inconsistencies.”, Emily Kazyak Feb 2015

"'The Law’S The Law, Right?' Sexual Minority Mothers Navigating Legal Inequities And Inconsistencies.”, Emily Kazyak

Department of Sociology: Faculty Publications

LGB parents face a number of legal inequities and confront a legal landscape that not only varies drastically by state but also quickly changes. Research has shown that some LGB parents and prospective parents have inaccurate knowledge about the laws relating to parenting. Drawing on data from 21 interviews, I ask how sexual minority mothers gain knowledge about the law. I found that people were very aware of the legal inequities they face and sought to become knowledgeable about the law before they had children. Sexual minority mothers reported using four primary methods to learn about the law: doing independent …


How Law Shapes Experiences Of Parenthood For Same-Sex Couples, Nicholas K. Park, Emily Kazyak, Kathleen S. Slauson-Blevins Jan 2015

How Law Shapes Experiences Of Parenthood For Same-Sex Couples, Nicholas K. Park, Emily Kazyak, Kathleen S. Slauson-Blevins

Department of Sociology: Faculty Publications

Gay, lesbian, and bisexual (GLB) parents are increasingly common and visible, but they face a number of social and legal barriers in the United States. Using legal consciousness as a theoretical framework, we draw on data from 51 interviews with GLB parents in California and Nebraska to explore how laws impact experiences of parenthood. Specifically, we address how the legal context influences three domains: the methods used to become parents, decisions about where to live, and experiences of family recognition. Law and perception of the law make some pathways to parenthood difficult or unattainable depending on state of residence. Parents …


Supreme Court, Tompkins County, Seymour V. Holcomb, Jessica Goodwin Nov 2014

Supreme Court, Tompkins County, Seymour V. Holcomb, Jessica Goodwin

Touro Law Review

No abstract provided.


Defaults And Choices In The Marriage Contract: How To Increase Autonomy, Encourage Discussion, And Circumvent Constitutional Constraints, Andrew Blair-Stanek May 2014

Defaults And Choices In The Marriage Contract: How To Increase Autonomy, Encourage Discussion, And Circumvent Constitutional Constraints, Andrew Blair-Stanek

Touro Law Review

No abstract provided.


Bridging The Justice Gap: Exploring Approaches For Improving Indigent Access To Civil Counsel, Kelsey Atkinson Jan 2014

Bridging The Justice Gap: Exploring Approaches For Improving Indigent Access To Civil Counsel, Kelsey Atkinson

Pomona Senior Theses

The United States is among one of the only democratic industrialized nations in the world that does not provide guaranteed access to civil representation in cases involving basic human need. This leaves indigent litigants who are at risk of losing their homes or their children left to seek counsel through insufficient pro-bono programs or limited scope legal self-help centers. This thesis provides a history of the struggle for the right to civil counsel, known as Civil Gideon, and explores a variety of proposed solutions to bridge the justice gap for indigent litigants. Despite considerable support for Civil Gideon among scholars …


Family Law, Sharon K. Lieblich Nov 2013

Family Law, Sharon K. Lieblich

University of Richmond Law Review

No abstract provided.


The Child's Right To Be Heard And Represented In Judicial Proceedings , Howard A. Davidson Nov 2012

The Child's Right To Be Heard And Represented In Judicial Proceedings , Howard A. Davidson

Pepperdine Law Review

No abstract provided.


Medical Evidence In Cases Of Intrauterine Drug And Alcohol Exposure , Judith Larsen, Robert M. Horowitz, Ira J. Chasnoff Nov 2012

Medical Evidence In Cases Of Intrauterine Drug And Alcohol Exposure , Judith Larsen, Robert M. Horowitz, Ira J. Chasnoff

Pepperdine Law Review

No abstract provided.


Let's Call The Whole Thing Off: Divorce And Trusts In Singapore, Hang Wu Tang Sep 2011

Let's Call The Whole Thing Off: Divorce And Trusts In Singapore, Hang Wu Tang

Research Collection Yong Pung How School Of Law

This article examines how the Family Court in Singapore might approach assets settled on trusts by one of the spouses in the context of a division of matrimonial property upon divorce.


Reviewing Racism And The Right To Marry: An Analysis Of Loving V. Virginia, Kathryn L. Jordan Apr 2011

Reviewing Racism And The Right To Marry: An Analysis Of Loving V. Virginia, Kathryn L. Jordan

Senior Honors Theses

Prior to the 1967 United States Supreme Court case of Loving v. Virginia, many states had laws that banned the intermarriage of whites with black or other minorities. Since then, the number of interracial marriages has increased and the attitudes of society have shifted. This thesis uses Loving as basis to explore the ways in which societal views have changed since the overruling of the anti-miscegenation statutes. It first discusses the culture in America before Loving and then, explains the details of the Loving case. This is then followed by a synopsis of how the culture changed after Loving. After …


Fortuity And Forensic Familial Identification, Natalie Ram Apr 2011

Fortuity And Forensic Familial Identification, Natalie Ram

All Faculty Scholarship

On July 7, 2010, Los Angeles police announced the arrest of a suspect in the Grim Sleeper murders, so called because of a decade-long hiatus in killings. The break in the case came when California searched its state DNA database for a genetic profile similar, but not identical, to the killer’s. DNA is inherited in specific and predictable ways, so a source-excluding partial match might indicate that a close genetic relative of the matching offender was the Grim Sleeper. California’s apparent success in this case has intensified interest in policymaking for source-excluding partial matching. To date, however, little information about …


Beyond The Polemics: Realistic Options To Help Divorcing Families Manage Domestic Violence, Elayne E. Greenberg Jan 2010

Beyond The Polemics: Realistic Options To Help Divorcing Families Manage Domestic Violence, Elayne E. Greenberg

Faculty Publications

Children, adult survivors, and their batterers who remain engaged in violence, even after they live apart, are living legacies of the historical perniciousness of domestic violence, a legacy that must change. True, over the past thirty years the politicization of domestic violence has raised public awareness, spurred legislative reforms, and propelled court innovations. However, the children, survivors, and batterers who still live domestic violence after divorce know all too well that all of our political advancements, legal victories, court innovations, and social awareness have not stopped the violence they live within their day-to-day lives. For many of these families, an …


That Guy's A Batterer!: A Scarlet Letter Approach To Domestic Violence In The Information Age, Elaine M. Chiu Jan 2010

That Guy's A Batterer!: A Scarlet Letter Approach To Domestic Violence In The Information Age, Elaine M. Chiu

Faculty Publications

Despite the remarkable reliance on the Internet as a source of information, we have yet to fully take advantage of it in our movement against domestic violence. Information is used as a weapon in the battle against domestic violence in several limited ways. Yet there is still more we can do with information and, specifically, the Internet, in combating domestic violence. The Scarlet Letter proposal seeks to empower potential victims of domestic violence with information so that they themselves can make choices that will avoid years of suffering and abuse. The idea is to allow public access to the data …


Potato, Potahto: Whether Ineffective Assistance Or Due Process, An Effective Rule Is Overdue In Termination Of Parental Rights Cases In Florida, Anthony C. Musto Jan 2009

Potato, Potahto: Whether Ineffective Assistance Or Due Process, An Effective Rule Is Overdue In Termination Of Parental Rights Cases In Florida, Anthony C. Musto

St. Thomas Law Review

Pat X., a Florida resident, is a good father who loves, provides for, and takes care of his child. So, he is stunned one day when his child is removed from him and a petition for termination of his parental rights is filed. The petition alleges that Pat, who has never had any problems with the law, was convicted of first degree murder and sentenced to life imprisonment. It seeks termination on the basis that Pat will be incarcerated for a substantial portion of his child's remaining minority.' Pat's lawyer investigates the matter. The lawyer speaks with the prosecutor who …


The Culture Differential In Parental Autonomy, Elaine M. Chiu Jan 2008

The Culture Differential In Parental Autonomy, Elaine M. Chiu

Faculty Publications

When the laws of a community reflect a dominant culture and yet many of its members are from other minority cultures, there is often conflict. When this conflict occurs in the legal regulation of the parent-child relationship, the consequences are tremendous for the children, the parents, and the State. This Article focuses on the federal statute criminalizing female genital surgeries, and, in doing so, it makes two major claims. The first claim is that the decisions of minority parents are scrutinized and regulated to a greater degree than the decisions of parents from the dominant culture, even when their decisions …


Family Structure, Children, And Law, Vivian E. Hamilton Apr 2007

Family Structure, Children, And Law, Vivian E. Hamilton

Faculty Publications

No abstract provided.


Love Doesn't Pay: The Fiction Of Marriage Rights In The Workplace, James A. Sonne Mar 2006

Love Doesn't Pay: The Fiction Of Marriage Rights In The Workplace, James A. Sonne

University of Richmond Law Review

No abstract provided.


Utah Prefers Married Couples, Scott H. Clark Jan 2005

Utah Prefers Married Couples, Scott H. Clark

St. Thomas Law Review

As early as March 2000, Utahns identified the apparent contradiction between Florida's prohibition of adoptions by homosexuals and its concurrent licensure of homosexuals as foster parents. Seeking to avoid the train wreck vividly exposed in the Lofton v. Secretary of the Department of Children & Family Services controversy, Utah lawmakers enacted a statute and corresponding regulations, which provide that legally married couples are preferred as prospective adoptive parents. Utah did not ban adoptions or foster parenting by single individuals, nor did it use sexual preference as a criterion for disqualification of prospective adoptive parents or prospective foster parents. In Utah, …


Gay And Lesbian Adoption: Banishing The Pied Piper, Amy D. Ronner Jan 2005

Gay And Lesbian Adoption: Banishing The Pied Piper, Amy D. Ronner

St. Thomas Law Review

In my recent book, Homophobia and the Law, Robert Browning's Pied Piper, "the strangest figure" with a "queer long coat from heal to head, inducts a core chapter, the one on Children. After all, it is this notorious Pied Piper, who absconds with the town's children, leads them through a "wondrous portal" into the mountain-side cave, and renders their laughter inaudible forever. The Pied Piper has evolved into a menacing conceit that perpetuates discrimination against gay and lesbian couples. It is predicated on an irrational notion that homosexuals will, by coaxing children toward their own sexual orientation, seal them in …


A Search For Reason In Fairy Tales, John F. Fernandez Jan 2005

A Search For Reason In Fairy Tales, John F. Fernandez

St. Thomas Law Review

A fairy1 tale: Once upon at time (not so very long ago), in a land (not so far away) lived a beautiful queen (well, actually a "runner up ") with a golden voice. The beautiful queen reined over her people and sang of sunshine. Some of the queen's subjects had felt that they were not treated fairly by the laws of the land and sought to have their unfair treatment prohibited. Apparently, this caused the queen to develop a fear and hatred for these subjects. These subjects had done nothing to the queen. Yet, the queen made it her mission …


Opening Another Exit From Child Welfare For Special Needs Children - Why Some Gay Men And Lesbians Should Have The Privilege To Adopt Children In Florida, Cynthia R. Mabry Jan 2005

Opening Another Exit From Child Welfare For Special Needs Children - Why Some Gay Men And Lesbians Should Have The Privilege To Adopt Children In Florida, Cynthia R. Mabry

St. Thomas Law Review

This article addresses the question of whether some gay and lesbian adults should be permitted to adopt any children in the State of Florida, especially children with special needs. Part I more clearly describes children with special needs. Part II discusses who may adopt special needs children. Part III briefly covers gay and lesbian adoption statistics. Part IV sets forth general and specific factors that may be used in determining whether a particular gay man or lesbian is suitable for adopting children in Florida. This section also enumerates and discusses reasons that are offered to support bans on same-sex adoption. …


An Empirically-Supported Rational Basis For Prohibiting Adoption, Foster Parenting, And Contested Child Custody By Any Person Residing In A Household That Includes A Homosexually-Behaving Member, George A. Rekers Jan 2005

An Empirically-Supported Rational Basis For Prohibiting Adoption, Foster Parenting, And Contested Child Custody By Any Person Residing In A Household That Includes A Homosexually-Behaving Member, George A. Rekers

St. Thomas Law Review

Representative empirical evidence and common sense reasoning are reviewed below which necessitate the logical conclusion that households with one or more homosexually-behaving adults or adolescents should be prohibited from adoption and from foster parenting, and were found to be less capable of providing the best family structure in cases of contested child custody. Hundreds of additional scientific studies also support these three reasons for this rational basis, but space limitations necessitate the presentation of only a number of representative sources of supporting evidence here.


The Inner Lives Of Children In Lesbigay Adoption: Narratives And Other Concerns, Lynn D. Wardle Jan 2005

The Inner Lives Of Children In Lesbigay Adoption: Narratives And Other Concerns, Lynn D. Wardle

St. Thomas Law Review

This article attempts to review some of the serious, non-stereotyped concerns that underlie some of the objections of thoughtful legal commentators to adoption of children by gay and lesbian couples or partners. These objections fall into four categories of significant concern: (1) the best interests of children, (2) the integrity of the legal institution of adoption, (3) inappropriate judicial behavior, including manifestation of bias and animus, and the exercise of (legislative) policy-making prerogatives, and (4) the failure to explore, much less carefully consider, alternative solutions (and the hasty abandonment of processes of careful, incremental change to embrace a radical, but …


Family Norms In Adoption Law: Safeguarding The Best Interests Of The Adopted Child, Camille S. Williams Jan 2005

Family Norms In Adoption Law: Safeguarding The Best Interests Of The Adopted Child, Camille S. Williams

St. Thomas Law Review

Because a number of negative circumstances or outcomes correlate with non-conjugal couple household structures and alternative sexualities, 6 lowering the high standard for adoptive parents that has been the hallmark of best adoption practices in the U.S. may not be the best option for addressing the needs of children whose biological parents cannot care for them.