Open Access. Powered by Scholars. Published by Universities.®

Family Law Commons™

Open Access. Powered by Scholars. Published by Universities.®

Discipline
Institution
Keyword
Publication Year
Publication
Publication Type
File Type

Articles 3361 - 3390 of 7932

Full-Text Articles in Family Law

National Report: United Kingdom, Kenneth Mck. Norrie Apr 2012

National Report: United Kingdom, Kenneth Mck. Norrie

American University Journal of Gender, Social Policy & the Law

No abstract provided.


National Report: Turkey, Başak Başoğlu, Candan Yasan Apr 2012

National Report: Turkey, Başak Başoğlu, Candan Yasan

American University Journal of Gender, Social Policy & the Law

No abstract provided.


National Report: Switzerland, Annelot Peters Apr 2012

National Report: Switzerland, Annelot Peters

American University Journal of Gender, Social Policy & the Law

No abstract provided.


National Report: Spain, Carlos Martínez De Aguirre Aldaz, Pedro De Pablo Contreras Apr 2012

National Report: Spain, Carlos Martínez De Aguirre Aldaz, Pedro De Pablo Contreras

American University Journal of Gender, Social Policy & the Law

No abstract provided.


National Report: The Republic Of South Africa, François Du Toit Apr 2012

National Report: The Republic Of South Africa, François Du Toit

American University Journal of Gender, Social Policy & the Law

No abstract provided.


National Report: Norway , Torstein Frantzen Apr 2012

National Report: Norway , Torstein Frantzen

American University Journal of Gender, Social Policy & the Law

No abstract provided.


National Report: Japan, Teiko Tamaki Apr 2012

National Report: Japan, Teiko Tamaki

American University Journal of Gender, Social Policy & the Law

No abstract provided.


National Report: New Zealand, Kenneth Mck. Norrie Apr 2012

National Report: New Zealand, Kenneth Mck. Norrie

American University Journal of Gender, Social Policy & the Law

No abstract provided.


National Report: Ireland, Aisling Parkes Apr 2012

National Report: Ireland, Aisling Parkes

American University Journal of Gender, Social Policy & the Law

No abstract provided.


National Report: Italy, Virginia Zambrano Apr 2012

National Report: Italy, Virginia Zambrano

American University Journal of Gender, Social Policy & the Law

No abstract provided.


National Report: Hungary, Zsolt Körtvélyesi, András L. Pap Apr 2012

National Report: Hungary, Zsolt Körtvélyesi, András L. Pap

American University Journal of Gender, Social Policy & the Law

No abstract provided.


National Report: Greece, Alexander G. Fessas Apr 2012

National Report: Greece, Alexander G. Fessas

American University Journal of Gender, Social Policy & the Law

No abstract provided.


National Report: Germany, Jens M. Scherpe Apr 2012

National Report: Germany, Jens M. Scherpe

American University Journal of Gender, Social Policy & the Law

No abstract provided.


National Report: France, Hugues Fulchiron Apr 2012

National Report: France, Hugues Fulchiron

American University Journal of Gender, Social Policy & the Law

No abstract provided.


National Report: Denmark, Christina G. Jeppesen De Boer, Annette Kronborg Apr 2012

National Report: Denmark, Christina G. Jeppesen De Boer, Annette Kronborg

American University Journal of Gender, Social Policy & the Law

No abstract provided.


National Report: Colombia, Universidad De Los Andes Public Interest Law Group Apr 2012

National Report: Colombia, Universidad De Los Andes Public Interest Law Group

American University Journal of Gender, Social Policy & the Law

No abstract provided.


Issues Facing The Family Mediation Field , Joan B. Kelly Apr 2012

Issues Facing The Family Mediation Field , Joan B. Kelly

Pepperdine Dispute Resolution Law Journal

This article analyzes a number of important issues confronting family mediation in the new millennium. The article addresses family mediation as an interdisciplinary field and the certification of family mediators. The article also explores how to ensure competence in family mediators.


Institutionalizing Mediation: The Role Of Lawyers And Bar Associations , Ronald R. Volkmer Apr 2012

Institutionalizing Mediation: The Role Of Lawyers And Bar Associations , Ronald R. Volkmer

Pepperdine Dispute Resolution Law Journal

The world of trusts and estates is changing before our eyes - the "multidiscipline practice" trend may radically change the traditional practice of the probate bar. There is one constant, however, besides change and that is conflict. That conflict is oftentimes lurking beneath the surface when a lawyer becomes involved in the estate planning process. All of the technical knowledge you may possess about the legal system and its rules is valuable and necessary. But, the estate planning lawyer is preeminently a counselor at law. In the strongest possible way I urge students to become aware of conflict management skills …


Mediation And Jury Trials As Means Of Resolving Will Contests , Ronald Chester Apr 2012

Mediation And Jury Trials As Means Of Resolving Will Contests , Ronald Chester

Pepperdine Dispute Resolution Law Journal

In the vast range of human problems that law seeks to govern, there are certain areas in which legalisms and legal thinking are not particularly useful. It is my belief that one of these areas is that of will contests, in which nonlawyer dispute resolution seems particularly effective.


Mediation Of Probate Matters: Leaving A Valuable Legacy , Lela Porter Love Apr 2012

Mediation Of Probate Matters: Leaving A Valuable Legacy , Lela Porter Love

Pepperdine Dispute Resolution Law Journal

Mediation has the power to bring parties to a different level of understanding about their underlying situation and about each other, to re-establish family harmony and to resolve both monetary and relationship issues that probate matters generally involve. To realize these advantages, this paper makes two suggestions. First, attorneys should urge testators to consider dispute resolution provisions in their will. Such provisions allow the testator to weigh in with a directive that the family pull together and attempt to resolve its conflicts creatively. A dispute resolution clause can also provide a vehicle to express and encourage family values connected with …


Advantages And Disadvantages Of Mediation In Probate, Trust, And Guardianship Matters , Mary F. Radford Apr 2012

Advantages And Disadvantages Of Mediation In Probate, Trust, And Guardianship Matters , Mary F. Radford

Pepperdine Dispute Resolution Law Journal

Mediation is the ADR process by which a neutral third party works with disputants to reach a mutually agreeable resolution. Mediation is arguably the oldest and most popular ADR technique in use today. Part I of this essay discusses the commonly accepted advantages of mediation as an alternative to litigation, and, in some instances, questions whether those advantages become disadvantages in the context of probate, trust, and guardianship cases. Part II examines the use of mediation as a component of the actual estate planning process rather than as an alternative to litigation.


The Greatest Heritage Is The Love Of A Family: The Larson Case And The Mediation Of Probate Disputes, Susan N. Gary Apr 2012

The Greatest Heritage Is The Love Of A Family: The Larson Case And The Mediation Of Probate Disputes, Susan N. Gary

Pepperdine Dispute Resolution Law Journal

In 1981, two brothers, Ben and William Larson, began litigation that would last for four years. By the time the lawsuit ended, the "winning" brother was dead, and the other brother was bitter and estranged from the family of his only sibling. Although one can only speculate, had the brothers chosen mediation, rather than litigation, to resolve their dispute, both brothers might have achieved a better outcome.


Summary Of In Re Parental Rights As To C.C.A., 128 Nev. Adv. Op. No. 15, William S. Habdas Apr 2012

Summary Of In Re Parental Rights As To C.C.A., 128 Nev. Adv. Op. No. 15, William S. Habdas

Nevada Supreme Court Summaries

An appeal of a district court’s order terminating the appellant’s parental rights.


The Kids Aren't Alright: Every Child Should Have An Attorney In Child Welfare Proceedings In Florida, Michael J. Dale, Louis M. Reidenberg Apr 2012

The Kids Aren't Alright: Every Child Should Have An Attorney In Child Welfare Proceedings In Florida, Michael J. Dale, Louis M. Reidenberg

Faculty Scholarship

This article is a continuation of a discussion as to why, as a matter of Florida constitutional law, public policy, and professional ethics, Florida's children need independent attorneys from the inception of all dependency and termination of parental rights cases to their completion. It is based upon events which have occurred since the authors' last article on this topic in the Nova Law Review, including the Barahona case, the resolution by the American Bar Association (ABA) in August 2011 at its Annual Convention in Toronto adopting the ABA Model Act Governing the Representation of Children in Abuse, Neglect, and Dependency …


West Virginia Courts Attempting To Equitably Distribute Defined Benefit Pension Plans During Divorce Proceedings: An Examination Of The Immediate Offset And Deferred Distribution Methods, Alex Greenberg Apr 2012

West Virginia Courts Attempting To Equitably Distribute Defined Benefit Pension Plans During Divorce Proceedings: An Examination Of The Immediate Offset And Deferred Distribution Methods, Alex Greenberg

West Virginia Law Review

No abstract provided.


Functional Parenting And Dysfunctional Abortion Policy: Reforming Parental Involvement Legislation, Maya Manian Apr 2012

Functional Parenting And Dysfunctional Abortion Policy: Reforming Parental Involvement Legislation, Maya Manian

Scholarly Articles in Law Reviews & Journals

Abortion-related parental involvement mandates raise important family law issues about the scope of parents’ power over their children’s intimate decisions. While there has been extensive scholarly attention paid to the problems with parental involvement laws, relatively little has been said about strategies for reforming these laws. This article suggests using insights from family law relating to functional parenthood and third party caregiving as a basis for crafting more capacious methods of ensuring adult guidance for teenage girls facing an unplanned pregnancy. Recent developments in family law bolster the case for reforming parental involvement legislation to allow teenagers to consult with …


Adultery By Doctor: Artificial Insemination, 1890–1945, Kara W. Swanson Apr 2012

Adultery By Doctor: Artificial Insemination, 1890–1945, Kara W. Swanson

Chicago-Kent Law Review

In 1945, American judges decided the first court cases involving assisted conception. The challenges posed by assisted reproductive technologies to law and society made national news then, and have continued to do so into the twenty-first century. This article considers the first technique of assisted conception, artificial insemination, from the late nineteenth century to 1945, the period in which doctors and their patients worked to transform it from a curiosity into an accepted medical technique, a transformation that also changed a largely clandestine medical practice into one of the most pressing medicolegal problems of the mid-twentieth century. Doctors and lawyers …


Exposing The Traditional Marriage Agenda, Jessica Feinberg Apr 2012

Exposing The Traditional Marriage Agenda, Jessica Feinberg

Northwestern Journal of Law & Social Policy

The success of a social justice movement, especially with regard to issues upon which the public will be voting, depends in significant part on how the issues are defined or framed. Anti-same-sex marriage campaigns frequently urge voters to vote in favor of laws defining marriage as between a man and a woman in order to “protect traditional marriage.” Instead of framing the issue as a question of whether individuals of the same sex should be banned from marrying, anti-same-sex marriage campaigns often frame the issue as a question of whether traditional marriage should be protected from redefinition. This strategy has …


Modern Odysseus Or Classic Fraud - Fourteen Years In Prison For Civil Contempt Without A Jury Trial, Judicial Power Without Limitation, And An Examination Of The Failure Of Due Process, Mitchell J. Frank Apr 2012

Modern Odysseus Or Classic Fraud - Fourteen Years In Prison For Civil Contempt Without A Jury Trial, Judicial Power Without Limitation, And An Examination Of The Failure Of Due Process, Mitchell J. Frank

Faculty Scholarship

No abstract provided.


A Parent Is A Parent, No Matter How Small, Kendra Huard Fershee Apr 2012

A Parent Is A Parent, No Matter How Small, Kendra Huard Fershee

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

Every parent in America has constitutional rights to parent his or her children. If a parent is under the age of eighteen, however, those rights are tenuous. There is no question that adolescent parents face difficulties while trying to juggle school, parental responsibilities, work, their social lives, and more. Add to that long list of challenges the legal infirmities all minors share, and a picture of impending disaster begins to appear for the adolescent parent and his or her child. Furthermore, once a minor parent enters the family court system— instead of getting the services, training, and supervision that may …