Family Law Commons^™

Chenault V. Huie: Denying The Existence Of A Legal Duty Between A Mother And Her Unborn Child, Edward Sylvester

Akron Law Review

When an unborn child is injured by its mother, and subsequently born alive, who should be protected? The Court of Appeals of Texas, in Chenault v. Huie, feared the slippery slope, and gave deference to the mother when it denied the existence of a legal duty between mother and fetus. Few cases have directly addressed a child’s tort action against her mother for prenatal substance abuse that resulted in injuries sustained while en ventre sa mere.

This Note discusses the general background of a child’s right to sue for fetal injury and the liability of the individuals that cause the …

Choosing Fame Over Family, Peter Mack, Geoff Mcnutt, John Vasuta, Michael Song

Akron Law Review

The fame of two or more commonly owned trademarks is a powerful weapon in the trademark owner’s enforcement arsenal if the trademarks have a particular feature or element in common. Indeed, recent developments in the law of trademarks suggest that the fame of the senior user’s group of marks with a common element is a more significant factor in a likelihood of confusion analysis than the senior user’s ability to establish that it owns a “family of marks.”

In deciding questions of likelihood of confusion, courts must often place themselves “in the position of an average purchaser or prospective purchaser …

Intestacy Concerns For Same-Sex Couples: How Variations In State Law And Policy Affect Testamentary Wishes, Megan Moser

Seattle University Law Review

As the number of same-sex couples increases in the United States, concerns regarding the evolution of federal and state law, with respect to rights for same-sex couples, also continue to rise. As marriage is not always available to same-sex couples, they often face very different legal issues than couples in a traditional marriage. Because marriage is typically not a legal cause of action, the question of a marriage’s validity often arises incidentally to another legal question, such as the disposition of a decedent’s estate.

Summary Of Beau Davis V. Andrea Ewalefo, 131 Nev. Adv. Op. 45 (July 02, 2015), Daven Cameron

Nevada Supreme Court Summaries

On appeal from a child custody decree, the Court found the District Court did not have specific findings of fact to support the restriction of travel and visitation outside of the United States and its territories. The Court granted en banc reconsideration, reversed and remanded the case for further fact finding considerations concerning whether the minor child can safely travel overseas for parental visitation.

Refusing To Remove An Obstacle To The Remedy: The Supreme Court's Decision In Town Of Castle Rock V. Gonzales Continues To Deny Domestic Violence Victims Meaningful Recourse, Nicole M. Quester

Akron Law Review

The Supreme Court’s opinion in Castle Rock illustrates that more conscious efforts must be made by every branch of the legal system to eradicate domestic abuse. The entire legal system must work together to raise the curtain on domestic violence. Legislatures must continue to promote social change in the area of domestic violence, and courts must enforce legislation without questioning the legislature’s policy determinations. Police departments must enforce strict policies aimed at protecting the abused, while being held accountable when failing to provide any measure of protection. The legal system must heed a woman’s pleas for help and prevent court …

Doma And Diffusion Theory: Ending Animus Legislation Through A Rational Basis Approach, David J. Herzig

Akron Law Review

The purpose of this Article is to expand the scope of the discussion from one of morality to include a sociological approach, called Diffusion Theory...Section II of this Article explains Diffusion Theory. Section III explores the background of DOMA and the factual background in which DOMA is being challenged by the states and private citizens. Section IV discusses the fundamentals behind the Florida adoption ban and how the change in the message by the challengers has proven effective. The final part, Section V, analyzes whether the approach should center on the inevitability of the change, as reflected in the Justice …

Biological Evaluations: Blood, Genes, And Family, Janet L. Dolgin

Akron Law Review

The next Part of the Article (Part II) provides a brief overview of the ideology in terms of which society understood the family during the nineteenth, and most of the twentieth, century. Part III then summarizes the increasing readiness of society and of lawmakers since the 1960s, openly to premise delimitations of family on values once associated with the marketplace, but not the home. Parts II and III provide background to Part IV. Part IV, the heart of the Article, focuses on contemporary understandings of family that preserve a central role for the biological correlates of domestic relationships. The Part …

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

Faculty Articles

No abstract provided.

The Problems Of Gender Inequality Raised By Unmarried Couples In Liberia, Yah-Yeplah Dolo-Barbu

Maurer Theses and Dissertations

No abstract provided.

Why Opposing Hyper-Incarceration Should Be Central To The Work Of The Anti-Domestic Violence Movement, Donna Coker, Ahjané D. Macquoid

University of Miami Race & Social Justice Law Review

No abstract provided.

Newsroom: Dean Yelnosky On Same-Sex Marriage, Roger Williams University School Of Law

Life of the Law School (1993- )

No abstract provided.

Mediating A Family: The Use Of Mediation In The Formation And Enforcement Of Post-Adoption Contact Agreements, Sophie Mashburn

Journal of Dispute Resolution

This comment will discuss how and why adoption law has evolved into a preference for open adoption, provide a brief history of post-adoption contact agreements, and discuss the current and best practices for utilizing post-adoption contact agreements. Finally, this comment will explore the use of mediation in various states to assist adoptive parents and birth parents in forming and maintaining an agreement they both accept and that furthers the best interests of the children being adopted. Using mediation to further the interests of children, adoptive couples, and birth parents is a positive trend in adoption law that should be encouraged …

Anna Moscowitz Kross And The Home Term Part: A Second Look At The Nation's First Criminal Domestic Violence Court, Mae C. Quinn

Akron Law Review

This paper seeks to inform current conversations about dedicated domestic violence courts by shedding light on Kross’s remarkable early efforts to treat domestic violence prosecutions differently from other criminal matters and handle them in a designated court part. The story of Kross’s Home Term Part – the first specialized criminal domestic violence court in New York and perhaps the United States—is an important chapter in the history of intimate violence policies in this country. Recognition of Home Term is crucial to any complete account and understanding of our criminal justice system’s renewed efforts at judicial innovation through specialized “problem-solving” courts. …

The Science And Statistics Behind Spanking Suggest That Laws Allowing Corporal Punishment Are In The Best Interests Of The Child, Jason M. Fuller

Akron Law Review

Were such a killing to occur in the U.S., the popular reaction would have been, “How can we prevent this from happening again?” In Sweden, however, youth violence and aggression has gotten so out-of control that the reaction was, “Shoot another [one].” Sadly, many policymakers fail to realize how Swedish laws have contributed to growing youth violence, and consequently, to public resentment of Swedish youths.

In 1979, Sweden started an international trend by becoming the first country to ban spanking. Since then, twenty-three more countries have outlawed it. The European Committee of Social Rights currently is urging all forty-five of …

Save The Children: The Legal Abondonment Of American Youth In The Workplace, Seymour Moskowitz

Akron Law Review

Part II of the Article sets out the basic facts regarding children in the contemporary American economy. These youths labor in a wide variety of work settings but are concentrated in the retail, restaurant, and service sectors. The existing protective statutes exclude large blocks of working children and provide few effective deterrents for violations. The results are as tragic as they are predictable. Working youths, particularly those working more than twenty hours per week, suffer numerous academic, physical, and other detriments. An additional problem particular to young workers is sexual harassment on the job. Part III analyzes the legal rules …

Jon & Kate Plus The State: Why Congress Should Protect Children In Reality Programming, Dayna B. Royal

Akron Law Review

One is forced to wonder whether any laws exist to protect minors whose personal lives are laid bare as their own parents thrust them into the paparazzi’s spotlight. This article addresses this question, considering the best legal regime for regulating employment of children in reality programming, and suggesting an alternative to the status quo. To that end, Part II begins by identifying the various harms reality programming causes, arguing that participating in reality programming is detrimental both to the individual children who participate and to society in general. Part III surveys the current legal landscape, addressing first the federal law …

Shari'ah Law As National Security Threat?, Cyra Akila Choudhury

Akron Law Review

The Article proceeds in three parts: in Part II, the Article describes three anti-shari’ah measures. It describes Oklahoma’s Save Our State amendment to show how these laws target Islam. It also reviews the recent decision by the Tenth Circuit Court of Appeals affirming the grant of a preliminary injunction against the certification of Oklahoma’s constitutional amendment. It then describes Arizona’s law that targets shari’ah as well as other legal traditions. It also examines the original version of the Tennessee bill to illustrate the motivations behind the revised, watered down version that was eventually passed by the legislature. Part II concludes …

Splitting The Baby: Immigration, Family Law, And The Problem Of The Single Deportable Parent, Timothy E. Yahner

Akron Law Review

The purpose of this article is not to suggest that the Fifth Circuit was wrong in upholding the dismissal of Monica’s case. Indeed, the court was faced with a dilemma that would give King Solomon pause: what to do when two parents claim one child. This article’s purpose is to show that a regulatory solution is preferable to forcing the courts to make impossible choices between parents. Part II discusses the factual and procedural history of Castro. Part III details the policies and rules of law of immigration and custody at play in the case. Part IV explains why the …

Because I Said So: An Examination Of Parental Naming Rights, Ashley N. Moscarello

Chicago-Kent Law Review

Naming a child is often one of the most exciting parts of having a baby. Some parents, of course, choose to be more creative and unique, which leads to some very interesting names like Toilet Queen, Acne Fountain, Crimson Tide Redd, Messiah, Candy Stohr, and Violence. Although some of these names are quite absurd, should the government be able to tell parents that they have crossed the line?

When parents agree about the name they want to give their child, should the state or courts be able to intervene in that decision if the state has problems with the name? …

Contact That Can Kill: Orders Of Protection, Caller Id Spoofing And Domestic Violence, Gabriella Sneeringer

Chicago-Kent Law Review

The Illinois Domestic Violence Act (IDVA) was created as a means of providing protection and remedies to domestic violence victims through orders of protection. The orders of protection can insulate victims from abusers through a variety of ways such as mandating that the abuser be prohibited from contacting the victim by any means. Under the IDVA, any violation of the order is a crime. As technology advances, abusers begin using more and more technology as a means to circumscribe orders of protection. One such technology, Caller ID spoofing, is particularly problematic. This technology enables abusers to easily contact, stalk and …

Stop Making Court A First Stop For Many Low Income Parents, Jane C. Murphy

All Faculty Scholarship

In the wake of the unrest over police misconduct in cities across the country, calls for reform have focused on the criminal justice system — making police, prosecutors, and criminal courts more accountable and just. While much work needs to be done in that arena, too little attention has focused on the ways in which low income families are hurt in civil courts. Many more men, women and children from low income communities of color pass through the doors of our family courts every day than those who interact with the criminal justice system. Some come to court as a …

Summary Of Jennifer L. V. Eighth Jud. Dist. Ct., 131 Nev. Adv. Op. 30 (Jun. 04, 2015), Jaymes Orr

Nevada Supreme Court Summaries

The Court held that, although a legal guardianship had been established, and a parent had neither legal nor physical custody of a child, parents are not relived of their parental duties to provide for the care, support, or maintenance of the child.

The Night Is Dark And Full Of . . . Family Law?: California Law And Marital Presumption In Game Of Thrones, Rebecca Rosen

Pace Intellectual Property, Sports & Entertainment Law Forum

The television show Game of Thrones has developed a tremendous following in recent years. The show takes place primarily in the fictional state of Westeros, a feudal society that mirrors many of the legal structures of medieval England. As such, many of the laws and customs of Westeros seem antithetical to the beliefs and values of modern viewers. In an attempt to posit a more just outcome following the death of Westeros’ king (the action which springboards the primary power struggle), this Article applies California law to the disposition of King Robert’s property. Shockingly, this Article finds that California’s marital …

"Family Cycles" And The Future Of Family Law, Allan Carlson

Brigham Young University Journal of Public Law

No abstract provided.

A Prospective Analysis Of Family Fragmentation: Baby Mama Drama Meets Jane Austen, Lynne Marie Kohm

Brigham Young University Journal of Public Law

No abstract provided.

The Law's Duty To Promote The Kinship System: Implications For Assisted Reproductive Techniqes And For Proposed Redefinition Of Familial Relations, Scott Fitzgibbon

Brigham Young University Journal of Public Law

No abstract provided.

I Now Pronounce You Husband And Wives: The Case For Polygamous Marriage After United States V. Windsor And Burwell V. Hobby Lobby Stores, Peter Nash Swisher

Brigham Young University Journal of Public Law

No abstract provided.

The Future Of Justic Scalia's Predictions Of Family Law Doom, Robert E. Rains

Brigham Young University Journal of Public Law

No abstract provided.

Legislative History Of The Special Adoption Act (Legislative History) (2012) (Korea), Sook Kim, Dong-Jin Douglas Hwang

Washington International Law Journal

In order to focus adoption procedures on the welfare of the child, national supervision must be strengthened, and a policy must be established around the basic paradigm that the best protection of a child is for the child to be raised by his/her birth family and in his/her birth country.

Special Adoption Act (2012) (Korea), Sook Kim, Dong-Jin Douglas Hwang

Washington International Law Journal

The purpose of this Act is to set forth the necessary requirements and procedures of adopting a child in need of protection, and other matters necessary to support such adoptions, which are all aimed at promoting the rights and welfare of the adopted child.