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Articles 3151 - 3180 of 7932

Full-Text Articles in Family Law

The Dischargeability In Bankruptcy Of Debts For Alimony And Property Settlements Arising From Divorce, John Francis Murphy Jan 2013

The Dischargeability In Bankruptcy Of Debts For Alimony And Property Settlements Arising From Divorce, John Francis Murphy

Pepperdine Law Review

No abstract provided.


Wimmer Wins Flp Annual Exclusions, Wendy G. Gerzog Jan 2013

Wimmer Wins Flp Annual Exclusions, Wendy G. Gerzog

All Faculty Scholarship

In Wimmer, the Tax Court held that the income stream from a taxpayer’s gifts of family limited partnership interests was eligible for the annual exclusion. By comparing the income interest in the partnership’s dividend paying marketable securities to the income interest in a trust, the court made Wimmer a winner. But does the opinion logically lead to that conclusion?


Alienating Sham Marriages For Tougher Immigration Penalties: Congress Enacts The Marriage Fraud Act, Karen L. Rae Jan 2013

Alienating Sham Marriages For Tougher Immigration Penalties: Congress Enacts The Marriage Fraud Act, Karen L. Rae

Pepperdine Law Review

No abstract provided.


Mediation Of Marital Disputes Before It Is Too Late: A Proposal For Premarital Contract Provisions For Mediation Of Disputes Within The Intact Family And At Separation , Robert F. Cochran Jr. Jan 2013

Mediation Of Marital Disputes Before It Is Too Late: A Proposal For Premarital Contract Provisions For Mediation Of Disputes Within The Intact Family And At Separation , Robert F. Cochran Jr.

Pepperdine Law Review

No abstract provided.


It's All Mine - Or At Least Part Of It Is: A California Look At Property Apportionment Between The Families Of An Interstate And An Intestate's Predeceased Spouse, Robert G. Popovich Jan 2013

It's All Mine - Or At Least Part Of It Is: A California Look At Property Apportionment Between The Families Of An Interstate And An Intestate's Predeceased Spouse, Robert G. Popovich

Pepperdine Law Review

No abstract provided.


Thompson V. Thompson: The Jurisdictional Dilemma Of Child Custody Cases Under The Parental Kidnapping Prevention Act , Steven M. Schuetze Jan 2013

Thompson V. Thompson: The Jurisdictional Dilemma Of Child Custody Cases Under The Parental Kidnapping Prevention Act , Steven M. Schuetze

Pepperdine Law Review

No abstract provided.


The Unwed Father's Custody Claim In California: When Does The Parental Preference Doctrine Apply?, Jeffrey S. Boyd Jan 2013

The Unwed Father's Custody Claim In California: When Does The Parental Preference Doctrine Apply?, Jeffrey S. Boyd

Pepperdine Law Review

No abstract provided.


A Diversity Approach To Parenthood In Family Life And Family Law, Linda C. Mcclain Jan 2013

A Diversity Approach To Parenthood In Family Life And Family Law, Linda C. Mcclain

Faculty Scholarship

Extraordinary changes in patterns of family life and family law have dramatically altered the boundaries of parenthood and opened up numerous questions and debates. What is parenthood and why does it matter? How should society define, regulate, and support it? Is parenthood separable from marriage or couplehood when society seeks to foster childrens well-being? What is the better model of parenthood from the perspective of child outcomes? Intense disagreements over the definition and future of marriage often rest upon conflicting convictions about parenthood. What Is Parenthood? asks bold and direct questions about parenthood in contemporary society, and it brings together …


Trust And Intention To Comply With A Water Allocation Decision: The Moderating Roles Of Knowledge And Consistency, Joseph A. Hamm, Lisa M. Pytlikzillig, Mitch Herian, Alan Tomkins, Hannah Dietrich, Sarah Michaels Jan 2013

Trust And Intention To Comply With A Water Allocation Decision: The Moderating Roles Of Knowledge And Consistency, Joseph A. Hamm, Lisa M. Pytlikzillig, Mitch Herian, Alan Tomkins, Hannah Dietrich, Sarah Michaels

Lisa PytlikZillig Publications

Regulating water resources is a critically important yet increasingly complex component of the interaction between ecology and society. Many argue that effective water regulation relies heavily upon the compliance of water users. The relevant literature suggests that, rather than relying on external motivators for individual compliance, e.g., punishments and rewards, it is preferable to focus on internal motivators, including trust in others. Although prior scholarship has resulted in contemporary institutional efforts to increase public trust, these efforts are hindered by a lack of evidence regarding the specific situations in which trust, in its various forms, most effectively increases compliance. We …


Understanding Duties And Conflicts Of Interest--A Guide For The Honorable Agent, Linda S. Whitton Jan 2013

Understanding Duties And Conflicts Of Interest--A Guide For The Honorable Agent, Linda S. Whitton

Law Faculty Publications

This article examines the importance of understanding agent duties and conflicts of interest, both for drafting a power of attorney that meets a principal’s objectives and for providing guidance to the agent who will act under its authority. Professor Whitton suggests that current custom and practice with respect to powers of attorney often overlooks the need to adjust agent duties to accommodate the principal’s expectations, thus resulting in inadvertent conflicts between the duty to do what the principal expects and default duties of loyalty. The article offers practical guidelines for identifying and reconciling these conflicts, as well as best practices …


Transgender People, Intimate Partner Abuse, And The Legal System, Leigh S. Goodmark Jan 2013

Transgender People, Intimate Partner Abuse, And The Legal System, Leigh S. Goodmark

Faculty Scholarship

The unique experiences of transgender persons subjected to abuse have not been the focus of legal scholarship; instead, the experiences of transgender people are often subsumed in the broader discourse around domestic violence in the lesbian, gay, bisexual, and transgender (LGBT) community. This dearth of legal scholarship is not surprising given how little research of any kind exists on how transgender people experience intimate partner abuse. This is the first law review article to concentrate specifically on intimate partner abuse and the transgender community. The Article begins by discussing the difficulties of engaging in scholarship around this topic, noting the …


Equal Protection For Children Of Same-Sex Parents, Catherine E. Smith Jan 2013

Equal Protection For Children Of Same-Sex Parents, Catherine E. Smith

Scholarly Articles

Gay rights litigation and advocacy traditionally have focused on the unequal treatment of gay and lesbian individuals and couples; less attention has been dedicated explicitly to the legal rights of the children of gay and lesbian parents. This Article asserts that a child of same-sex parents denied a government benefit has a cognizable equal protection challenge—a legal claim that is separate and distinct from that of the child’s gay or lesbian parents. It is well-settled equal protection law that the government may not treat nonmarital children differently than marital children because of moral disdain for their parents’ relationship, and laws …


Reflections On Vawa's Strange Bedfellows: The Partnership Between The Battered Immigrant Women's Movement And Law Enforcement, Alizabeth Newman Jan 2013

Reflections On Vawa's Strange Bedfellows: The Partnership Between The Battered Immigrant Women's Movement And Law Enforcement, Alizabeth Newman

Publications and Research

No abstract provided.


Chapter 834: Clearing A Roadblock In The Battle Over Same-Sex Marriage, Sean D. O’Dowd Jan 2013

Chapter 834: Clearing A Roadblock In The Battle Over Same-Sex Marriage, Sean D. O’Dowd

McGeorge Law Review

No abstract provided.


Comparative Pragmatism Versus Comparative Formalism In The Abortion Context, Caroline Bettinger-López Jan 2013

Comparative Pragmatism Versus Comparative Formalism In The Abortion Context, Caroline Bettinger-López

Articles

No abstract provided.


New Thinking On Commercial Surrogacy, Richard Storrow Jan 2013

New Thinking On Commercial Surrogacy, Richard Storrow

Publications and Research

No abstract provided.


Ensuring Effective Counsel For Parents: Extending Padilla To Termination Of Parental Rights Proceedings, Sarah Freeman Jan 2013

Ensuring Effective Counsel For Parents: Extending Padilla To Termination Of Parental Rights Proceedings, Sarah Freeman

Hofstra Law Review

The increase in the number of incarcerated women, combined with the severe effects of ASFA's 15/22 rule, has dramatically increased the risk that a incarcerated mother face a termination of her parental rights. Currently, existing ethical and statutory protections have been insufficient to protect these parents’ rights to their children. However, after Padilla v. Kentucky, it is likely that there is a Sixth Amendment obligation on criminal defense attorneys to advise their clients about the effect of the criminal process on a TPR proceeding. This advice should not be limited to a mere suggestion that clients seek legal advice from …


Chapter 718: Financial Protection For Victims Of Sexually Violent Felonies By A Spouse, Kailey Hackbarth Jan 2013

Chapter 718: Financial Protection For Victims Of Sexually Violent Felonies By A Spouse, Kailey Hackbarth

McGeorge Law Review

No abstract provided.


Undocumented Children And Families In America: An Interdisciplinary Exploration Of Challenges And Emerging Issues, Diane Geraghty Jan 2013

Undocumented Children And Families In America: An Interdisciplinary Exploration Of Challenges And Emerging Issues, Diane Geraghty

Children's Legal Rights Journal

No abstract provided.


Child Maltreatment And Immigration Enforcement: Considerations For Child Welfare And Legal Systems Working With Immigrant Families, Alan J. Dettlaff, Megan Finno-Velasquez Jan 2013

Child Maltreatment And Immigration Enforcement: Considerations For Child Welfare And Legal Systems Working With Immigrant Families, Alan J. Dettlaff, Megan Finno-Velasquez

Children's Legal Rights Journal

No abstract provided.


Improving How Our Child Welfare System Addresses Children, Youth, And Families Affected By The U.S. Immigration Process, Howard Davidson Jan 2013

Improving How Our Child Welfare System Addresses Children, Youth, And Families Affected By The U.S. Immigration Process, Howard Davidson

Children's Legal Rights Journal

No abstract provided.


Uneven Access To Special Immigration Juvenile Status: How The Nebraska Supreme Court Became An Immigration Gatekeeper, Megan Johnson, Yasmin Yavar Jan 2013

Uneven Access To Special Immigration Juvenile Status: How The Nebraska Supreme Court Became An Immigration Gatekeeper, Megan Johnson, Yasmin Yavar

Children's Legal Rights Journal

No abstract provided.


In The Courts: State Views On The Psychological-Parent And De Facto-Parent Doctrines, Christina Spiezia Jan 2013

In The Courts: State Views On The Psychological-Parent And De Facto-Parent Doctrines, Christina Spiezia

Children's Legal Rights Journal

No abstract provided.


Opposing Viewpoints: Best Interests Of The Child Vs. The Fathers’ Rights Movement, Elizabeth Gresk Jan 2013

Opposing Viewpoints: Best Interests Of The Child Vs. The Fathers’ Rights Movement, Elizabeth Gresk

Children's Legal Rights Journal

No abstract provided.


Around The World: Examining Australia’S Two-Tiered Standard For Best Interests Of A Child, Caitlin Cipri Jan 2013

Around The World: Examining Australia’S Two-Tiered Standard For Best Interests Of A Child, Caitlin Cipri

Children's Legal Rights Journal

No abstract provided.


Review: The Kid With A Bike, Melina Rozzisi Jan 2013

Review: The Kid With A Bike, Melina Rozzisi

Children's Legal Rights Journal

No abstract provided.


Adapting To The Modern Family: Recognizing The Psychological Parent In Child Welfare Proceedings, Sarah E. Oliver Jan 2013

Adapting To The Modern Family: Recognizing The Psychological Parent In Child Welfare Proceedings, Sarah E. Oliver

Children's Legal Rights Journal

No abstract provided.


Community-Based Child Care In Ethiopia Vs. The Individual Centered Model In The United States: A Closer Examination Of Family Group Decision Making In Child Placement, Amy Gilbert Jan 2013

Community-Based Child Care In Ethiopia Vs. The Individual Centered Model In The United States: A Closer Examination Of Family Group Decision Making In Child Placement, Amy Gilbert

Children's Legal Rights Journal

No abstract provided.


Best Interest Of The Child Should Not Be An Ambiguous Term, Carl Funderburk Jan 2013

Best Interest Of The Child Should Not Be An Ambiguous Term, Carl Funderburk

Children's Legal Rights Journal

No abstract provided.


Considering Child Trauma Issues In Juvenile Court Sentencing, Gene Griffin, Sarah Sallen Jan 2013

Considering Child Trauma Issues In Juvenile Court Sentencing, Gene Griffin, Sarah Sallen

Children's Legal Rights Journal

No abstract provided.