Family Law Commons^™

Minnesota's System Of Justice By Geography In Child Protection Proceedings: Base Issues In Minnesota's Parental Representation Scheme And In The Discretionary Appointment Of Counsel Under Section 260c.163., Samantha Zuehlke

Mitchell Hamline Law Review

No abstract provided.

Legal Representation For Children: A Matter Of Fairness, Wendy Shea

Mitchell Hamline Law Review

No abstract provided.

Properties Of Intimacy, Emily J. Stolzenberg

Faculty Publications

Today, nearly nineteen million U.S. adults are cohabiting with an intimate partner. Yet family law continues to struggle with the question whether these unmarried partners should have relationship-based rights in one another’s property. Generally speaking, states answer “no.” Because cohabitants are not spouses, they’re treated like strangers. As a result, their property rights usually follow title, and richer partners tend to walk away with a large proportion of the property acquired during the relationship. This Article shows the “cohabitant problem” to be no anomaly, but rather the clearest manifestation of family law’s overarching structure. In marital property regimes as well …

Equality, Animus, And Expressive And Religious Freedom Under The American Constitution: Masterpiece Cakeshop And Beyond, Daniel O. Conkle

Books & Book Chapters by Maurer Faculty

Professor Conkle's contribution to this volume, pre-print attached, is the chapter "Equality, Animus, and Expressive and Religious Freedom Under the American Constitution: Masterpiece Cakeshop and Beyond."

CHAPTER ABSTRACT: Does the First Amendment protect religious wedding vendors from anti-discrimination laws that require them to provide goods or services for same-sex weddings? The fundamental question is whether equality or religious freedom should prevail in this setting, but the complexities of American free speech and free exercise law—exacerbated by the Supreme Court’s decision in Masterpiece Cakeshop—have obscured the debate with dubious distinctions and highly contentious rationales and arguments. In this Essay, I present …

Table Of Contents, Seattle University Law Review

Seattle University Law Review

Table of Contents

Judicial Discretion Is Advised: The Lack Of Discretionary Appointments Of Counsel For Children In Washington State Dependency Proceedings, Marisa Forthun

Washington Law Review Online

State agencies initiate dependency proceedings when a child is alleged, often due to parental neglect or abuse, to be a dependent of the state. The state must intervene “[w]hen parents do not comply with [Child Protective Services] requirements, or when the state believes the child is at too great a risk to remain at home even if parents were to comply with services.” Dependency proceedings usually take place in juvenile courts and involve the local state agency, the parents, and the child. After the government files a petition alleging circumstances of neglect or abuse, “[t]he court issues temporary orders regarding …

In Re Rylee A., 233 A.3d 1040 (R.I. 2020), Alyssa M. Knappins

Roger Williams University Law Review

No abstract provided.

Saltzman V. Saltzman, 218 A.3d 551 (R.I. 2019), Carla Aveledo

Roger Williams University Law Review

No abstract provided.

The Pitfalls Of Polyamorous Parenting In Rhode Island: The Crime Of Adultery And The Best Interests Of The Child Under The Uniform Parentage Act, Thomas M. Wall

Roger Williams University Law Review

No abstract provided.

Bibliometric Analysis Of Research Trends On Role Of Dispute Resolution Mechanisms In Family Law Conflicts, Himanshi Parekh, Yogesh Dharangutti

Library Philosophy and Practice (e-journal)

This paper is a bibliometric analysis of research publications in the field of dispute resolution of family matters. The paper analyses the frequency of publications in this arena and identifying the research gaps. The paper utilizes literature published on this subject available at the Scopus database from 2011 to 2020. A total of 59 documents varying from books, chapters, articles, and journals have been extracted and analyzed for the purpose of this study. This data is further analyzed and presented in the forms of tables, maps, graphs, etc using VOSviewer and IMAPBuilder software. The study shows that even though there …

Who Gets The Pet In The Divorce? Examining A Standard For The New York Legislature To Adopt, Jared Sanders

Touro Law Review

No abstract provided.

Family Law—The Revictimization Of Survivors Of Domestic Violence And Their Children: The Heartbreaking Unintended Consequence Of Separating Children From Their Abused Parent, Jeanne Kaiser, Caroline M. Foley

Faculty Scholarship

Massachusetts law governing child custody recognizes the damaging effect that witnessing domestic violence can have on a child. Accordingly, the law requires courts to give special attention to the effects of domestic violence on a child when determining custody. An unintended consequence of this scrutiny is that parents who have been the victims of domestic violence can lose custody, or even their parental rights, for failing to protect children from witnessing their abuse. This result can be prevented by requiring courts to apply the same level of attention to the effects of domestic violence when removing a child from an …

Thoroughly Modern Motherhood, Joanna Grossman

SMU Law Review

No abstract provided.

The Dysfunctional Criminalization Of Family Violence, Andrea L. Dennis

Scholarly Works

Legal responses to elder, child and intimate partner abuse have developed along similar tracks from civil and regulatory to criminal, employed much of the same mechanisms, and shifted power from victims to law enforcement officers and prosecutors. The siloed evolutionary process leading to the criminalization of the se behaviors has not significantly resolved the problems and criticisms of the behavior. Indeed, thirty years ago, Peter Edelman critiqued the government's role in remediating child abuse and domestic violence. In particular Edelman identified three issues: (1) the failure to recognize the inter-relatedness of different types of family violence; (2) the lack of …

Vaccination And The Child’S Right To An Open Future, Elias Feldman

Lewis & Clark Law Review

States commonly require the vaccination of children through their parens pa- triae and police powers. But many states also allow parents to opt for non- medical exemptions from these vaccination requirements, contributing to the emergence of a national vaccine hesitancy crisis. By permitting parents not to vaccinate their children, do states that grant these exemptions violate children’s rights? This Article posits that children may indeed have a right to be vac- cinated and thus protected against contracting a disease for which there is a scientifically proven vaccine. This Article examines this question through the lens of Joel Feinberg’s theory of …

Parents And The Interstate Compact On The Placement Of Children: A Flexible Approach, Alex Jones

Lewis & Clark Law Review

Before an Oregon court can send a child across the Columbia River to live with a Washington foster parent, the authorities on the Washington side must first approve the move. Unless and until that happens, the child stays in Oregon. But what if the Washington “foster” parent is the child’s biological father? The Interstate Compact on the Placement of Children (ICPC) imposes conditions on the sending of children across state lines to live with foster parents or potential adoptive parents. Courts in different states have long disagreed over whether those conditions ever apply to the placement of children with their …

Charles Reich: Due Process In The Eye Of The Receiver, Harold Hongju Koh

Touro Law Review

No abstract provided.

The Illusion Of Victory: Access To Abortion After June Medical Services, Brittany L. Raposa

Roger Williams University Law Review

No abstract provided.

"We Can't Breathe." Like George Floyd, Black Families In New York City Have A Knee On Their Necks, Shanée Brown

Scholarly Works

While watching the murder of George Floyd, one thing should have remained imprinted in everyone's mind: he was a father. This racist officer permanently separated a father from his children when he recklessly, yet intentionally placed his knee on Mr. Floyd's neck for eight minutes and forty-six seconds. When the Administration for Children's Services ("ACS") removes Black children from their homes for unjust reasons, it places its knee on the necks of Black families.

Breathing as a family involves parents and children inhaling and exhaling the love shown to each other. To separate a family means to obstruct that family's …

Preserving Procreative Potential With A Smart Prenuptial Agreement, Lynda Wray Black, Chelsea E. Caldwell

FIU Law Review

No abstract provided.

Paper Courts And Parental Rights: Balancing Access, Agency, And Due Process, Tianna N. Gibbs

Scholarly Articles in Law Reviews & Journals

Across the country, state legislatures have created out-of-court, form-based processes that replace the adjudicative process in traditional courts. In the family law context, these out-of-court forms allocate fundamental parental rights, principally for unmarried and single parents, who disproportionately have low incomes and are people of color. In most states, instead of presenting their requests to a judge in a courtroom, parents can sign legal forms in a hospital room to establish paternity or at their kitchen table to assign their custodial rights to a third party. When a child is born to an unmarried mother, as 40% of children are, …

The Year 2020 In Review: Editor's Note, Lisa Grumet

Articles & Chapters

No abstract provided.

Family Law During Covid-19: Virtual Hearings, Family Court Proceedings, And The Future: Editors' Notes, Lisa Grumet

Articles & Chapters

No abstract provided.

The Hidden Gender Of Gender-Neutral Paid Parental Leave: Examining Recently-Enacted Law In The United States And Australia, Deborah A. Widiss

Articles by Maurer Faculty

The United States and Australia are unusual in their approach to providing paid time off to new parents. Virtually every other country in the world provides maternity leaves that are far longer than paternity leaves, even if they also provide supplemental parental leave available to either parent. Recently-enacted laws in the United States and Australia, by contrast, eschew sex-specific classifications entirely. But, while both adopt gender-neutral approaches, they are structured quite differently. American laws provide each parent equal and non-transferable benefits; Australian law provides an extended period of benefits to a “primary” caregiver, and a much shorter period of benefits …

Disposition Of Frozen Preembryos In The Case Of Divorce: New York Should Implement A Modified Mutual Contemporaneous Consent Approach, Kasey Bray

Touro Law Review

No abstract provided.

Bundle Of Joy: Why Same-Sex Married Couples Have A Constitutional Right To Enter Into Gestational Surrogacy Agreements, Benjamin H. Berman

Touro Law Review

No abstract provided.

Child Support And Joint Physical Custody, Raymond C. O'Brien

Scholarly Articles

Child custody has evolved to the point where, at a minimum, states provide a mediated process by which parents may formulate parenting plans with court-appointed assistance. At a maximum state legislatures and courts increasingly consider joint physical custody awards. While joint physical custody safeguards the fundamental rights of parents, it nonetheless prompts practical concerns in awarding child support. Today, child support begins with state statutory guidelines, but the guidelines often fail to adequately address the economic consequences of two complete residences, one supported by a parent with fewer economic resources, and the fact that oftentimes the child drifts from one …

Icwa’S Irony, Marcia Zug

American Indian Law Review

No abstract provided.

The Outlawed Family: How Relevant Is The Law In Family Litigation?, Sharon Shakargy

Mitchell Hamline Law Review

No abstract provided.

Covid-19’S Complications For Family Law Counsel: Domestic Violence And Threats To The Well-Being Of Children, J. Thomas Sullivan

The Arkansas Journal of Social Change and Public Service

No abstract provided.