Family Law Commons^™

Using The Nfl As A Model? Considering Zero Tolerance In The Workplace For Batterers, Deseriee A. Kennedy

Scholarly Works

The impact of domestic violence can increasingly be felt in the workplace, and it can adversely affect the safety and productivity of employees. Legislators and employers have begun to recognize the effect of domestic violence on employment, and many have adopted policies to protect the interests of domestic violence survivors. This article suggests that wider adoption of domestic violence policies are needed and these policies should be broadened to directly address batterers in the workplace. The article argues that employer based sanctions would increase batterer accountability and workplace safety. It uses the newly revised NFL Personal Conduct Policy as a …

Buyers In The Baby Market: Toward A Transparent Consumerism, Jody L. Madeira, June Carbone

Articles by Maurer Faculty

This Article assesses the forces on the horizon remaking the fertility industry, including greater consolidation in the health care industry, the prospects for expanding (or contracting) insurance coverage, the likely sources of funding for future innovation in the industry, and the impact of globalization and fertility tourism. It concludes that concentration in the American market, in contrast with other medical services, may not necessarily raise prices, and price differentiation may proceed more from fertility tourism than from competition within a single geographic region. The largest challenge may be linking those who would fund innovation, whether innovation that produces new high …

Is Gay The New Asian?: Marriage Equality And The Dawn Of A New Model Minority, Stewart Chang

Scholarly Works

In this Article, Professor Chang analyzes the historic role of family in the politics of exclusion in the United States, evaluates the ways in which the stereotyping of Asian Americans as a model minority has perpetuated these politics, and warns against the possibility of a similar fate for gay and lesbian Americans. As a model minority, Asian Americans have been set as a standard against which other minority groups, particularly African Americans, are measured. Around the same time Asians were being extolled for their hard work and family values, Congress released the Moynihan report on the problem of broken families …

Independence And Immigration, Amanda Frost

Scholarly Articles in Law Reviews & Journals

No abstract provided.

Nonmarital Families And The Legal System's Institutional Failures, Clare Huntington

Faculty Scholarship

As along-time critic of family law, I find it odd to be singing the system's praises. And yet I am. Sort of. In this issue of the Family Law Quarterly, which addresses cohabitation and nonmarital families, I want to focus on what happens when relationships end. For all its shortcomings, family law provides an institution to help divorcing couples restructure their families following the end of relationships. For nonmarital families, not so much. Unmarried parents theoretically can go to court when they separate, but most do not. Thus., as a practical matter, the legal system leaves unmarried parents without an …

The Fact Of The Matter, David Spratt

Scholarly Articles in Law Reviews & Journals

No abstract provided.

Minors, Parents, And Minor Parents, Maya Manian

Scholarly Articles in Law Reviews & Journals

As numerous scholars have noted, the law takes a strikingly incoherent approach to adolescent reproduction. States overwhelmingly allow a teenage girl to independently consent to pregnancy care and medical treatment for her child, and even to give up her child for adoption, all without notice to her parents, but require parental notice or consent for abortion. This Article argues that this oft-noted contradiction in the law on teenage reproductive decision-making is in fact not as contradictory as it first appears. A closer look at the law’s apparently conflicting approaches to teenage abortion and teenage childbirth exposes common ground that scholars …

Reflections On Obergefell And The Family-Recognition Framework's Continuing Value, Suzanne B. Goldberg

Faculty Scholarship

Unlike a typical law review essay, I offer reflections here based largely on my own past work in LGBT rights advocacy. Together with related scholarship, I rely on these experiences to argue that the 'family recognition" framework underlying earlier advocacy has value going forward, even after the Supreme Court's ruling in favor of nationwide marriage equality.

Education & Practice (Newsletter Of The Section On Education Of Lawyer, Virginia State Bar) - V. 25, No. 1 (Fall 2016), Dale Margolin Cecka

Law Faculty Publications

What You Do and Do Not Learn in Law School: A Family Law Associate’s Perspective

Hiring and Supervising New Lawyers: A Family Law Partner’s Perspective

Chair’s Column

Law Faculty News and News and Events Around the Commonwealth

Call for Nomination: William R. Rakes Leadership in Education Award

2016-2017 Board of Governors

The Elimination Of Child "Custody" Litigation: Using Business Branding Techniques To Transform Social Behavior, Elena Langan

Scholarly Works

The promise of a less contentious divorce is a value proposition that most, if not all, would embrace. With the current trend in custody litigation that has resulted in nomenclature changes and revisions in custody standards, efforts to achieve that brand promise could benefit from implementation of business branding principles. In order to shift the focus away from 'winning custody' to a paradigm that promotes co-parenting and eschew labels, all of the participants in custody disputes, including lawyers and judges, but most importantly parents, must view the changes as providing a favorable benefit.

Rebranding concepts that focus on promoting an …

Forced Marriage At The Cambodian Crossroads: Eccc Can Develop A New Crime Against Humanity, Cameron Christensen

BYU Law Review

No abstract provided.

A Child-Centered View Of Foster Parenting By Same-Sex Couples, James G. Dwyer

Popular Media

No abstract provided.

Books Received, Georgia Journal Of International And Comparative Law

Georgia Journal of International & Comparative Law

No abstract provided.

Family Law In The Republic Of Ireland, William Binchy

Georgia Journal of International & Comparative Law

No abstract provided.

Palandt, Burgerliches Gesetzbuch. Commentaries On The German Civil Code, 36th Rev. Ed., Hugo Hahn

Georgia Journal of International & Comparative Law

No abstract provided.

Mary Wollstonecraft On Reason, Marriage, Family Life, And The Development Of Virtue In A Vindication Of The Rights Of Woman, Paul E. Kerry

Brigham Young University Journal of Public Law

No abstract provided.

Twenty-Week Abortion Bans: Ineffective, Unconstitutional And Unwise, Paul Benjamin Linton

Brigham Young University Journal of Public Law

No abstract provided.

Constitutionalizing Fetal Rights: A Salutary Tale From Ireland, Fiona De Londras

Michigan Journal of Gender & Law

In 1983, Ireland became the first country in the world to constitutionalize fetal rights. The 8th Amendment to the Constitution, passed by a referendum of the People, resulted in constitutional protection for “the right to life of the unborn,” which was deemed “equal” to the right to life of the “mother.” Since then, enshrining fetal rights in constitutions and in legislation has emerged as a key part of anti-abortion campaigning. This Article traces the constitutionalization of fetal rights in Ireland and its implications for law, politics, and women. In so doing, it provides a salutary tale of such an approach. …

Adopting The Gay Family, Cynthia Godsoe

Faculty Scholarship

No abstract provided.

Amending State Putative Father Registries: Affording More Rights And Protections To America’S Unwed Fathers, Ivy Waisbord

Hofstra Law Review

No abstract provided.

Domestic Relations, Barry B. Mcgough, Elinor H. Hitt, Katherine S. Cornwell

Mercer Law Review

This Article addresses significant case law that arose during the survey period,' minor statutory changes specific to child support, and changes to the Uniform Superior Court Rules.

Common Law Fundamentals Of The Right To Abortion, Anita Bernstein

Faculty Scholarship

No abstract provided.

The Intersection Of Civil And Religious Family Law In The U.S. Constitutional Order: A Mild Legal Pluralism, Linda C. Mcclain

Faculty Scholarship

This chapter considers how civil and religious family law intersect in the U.S. legal system and how U.S. constitutional law shapes and constrains the accommodation of religious pluralism as it pertains to family law. To the question, “Is there too much or too little pluralism in U.S. family law?,” I answer that family law appropriately embraces a mild legal pluralism, while clearly distinguishing between civil and religious marriage. After illustrating this distinction in the context of the recent controversy over same-sex marriage, I consider two categories of cases: (1) cases in which courts consider whether to enforce terms of Jewish …

Mommy Dearest: Determining Parental Rights And Enforceability Of Surrogacy Agreements, William J. Giacomo, Angela Dibiasi

Pace Law Review

The governing law in this area is new and evolving and, as such, the allocation of the legal rights and responsibilities depend on which state has jurisdiction over the matter. This article will discuss the basic types of surrogacy agreements and examine the legal distinctions of their enforceability under New York and California law.

Alimony's Job Lock, Margaret Ryznar

Akron Law Review

In family law, courts often prevent people who owe alimony from changing jobs. If a job change is accompanied by a salary decrease, the court will not necessarily readjust the alimony obligation and instead impute the higher income to the obligor. This Article introduces the term “job lock” to describe this situation, borrowing the term from the health care context, wherein job immobility due to health insurance concerns has received significant scrutiny. This Article draws similar attention to the alimony context, proposing a balancing test to assist courts interested in alleviating job lock under certain circumstances.

Representing Parents With Disabilities, Joshua B. Kay

Book Chapters

Parents with disabilities are more likely than other parents to become involved in the child welfare system, and once involved, their cases are more likely to end in termination of parental rights. This chapter covers basic information about parents with disabilities and child welfare involvement, including the prevalence of disability among parents generally and the frequency with which parents with disabilities are involved in child welfare cases. It discusses why these parents are disproportionately involved in child welfare proceedings and the biases of professionals that contribute not only to this frequent involvement but also to the poor outcomes in many …

In Re Guardianship Of Hailu, 131 Nev. Adv. Op. 89 (Nov. 16, 2015), Adrienne Brantley

Nevada Supreme Court Summaries

The Court determined that under NRS § 451.007 (the Uniform Determination of Death Act) the District court failed to consider whether the American Association of Neurology (AAN) guidelines adequately measure all functions of the entire brain and whether the guidelines are considered accepted medical standards by states that have adopted the Act.

Naiming The States Where Loving Will Be Recognized: On Tea Leaves, Horizontal Federalism, And Same-Sex Marriage, Mark Strasser

William & Mary Journal of Race, Gender, and Social Justice

No abstract provided.

Home Is Where The Heart Is: Determining The Standard For Habitual Residence Under The Hague Convention Based On A Child-Centric Approach, Aimee Weiner

Seton Hall Circuit Review

No abstract provided.

The Oedipus Hex: Regulating Family After Marriage Equality, Courtney Megan Cahill

Scholarly Publications

Now that national marriage equality for same-sex couples has become the law of the land, commentators are turning their attention from the relationships into which some gays and lesbians enter to the mechanisms on which they — and many others — rely in order to reproduce. Even as one culture war makes way for another, however, there is something that binds them: a desire to establish the family. This Article focuses on a problematic manifestation of that desire: the incest prevention justification. The incest prevention justification posits that the law ought to regulate alternative reproduction in order to minimize the …