Family Law Commons^™

Collaborative Law: Recognizing The Need For A New Default Method Of Family Law Resolution, Marsha B. Freeman

Barry Law Review

No abstract provided.

Collaborative Law: A Better Way For Families, Alice L. Blackwell

Barry Law Review

No abstract provided.

More Therapeutic, Less Collaborative? Asserting The Psychotherapist-Patient Privilege On Behalf Of Mature Minors, Bernard P. Perlmutter

Barry Law Review

No abstract provided.

Should I Stay Or Should I Go: Why Immigrant Reunification Decisions Should Be Based On The Best Interest Of The Child, Marcia A. Yablon-Zug

Faculty Publications

No abstract provided.

Advocating For Children In Care In A Climate Of Economic Recession: The Relationship Between Poverty And Child Maltreatment., Bruce A. Boyer, Amy E. Halbrook

Faculty Publications & Other Works

No abstract provided.

Child Friendly Legal Aid In Africa, Diane C. Geraghty, Thomas F. Geraghty

Faculty Publications & Other Works

No abstract provided.

Are Christians Fit To Be Parents And Guardians—The Case Of Johns V. Derby City Council, Robert J. Araujo S.J.

Faculty Publications & Other Works

No abstract provided.

Reviving Proxy Marriage, Andrea B. Carroll

Journal Articles

Marriage is merely a contract. It creates myriad rights and responsibilities - essentially conferring a status - but the American states recognize without exception that the parties’ relationship is at base nothing more than a contractual one. Still, modern society has elevated the marriage contract above all others. This distinction has overwhelmingly focused on the very personal nature of the marital relationship, a feature nonexistent in the arms-length contractual dealings with which we are accustomed to working when applying contract law. As a result, marriage is subject to a number of requirements, even at the level of contractual formation, which …

The Fourth Amendment Rights Of Children At Home: When Parental Authority Goes Too Far, Kristin N. Henning

Georgetown Law Faculty Publications and Other Works

Although it is virtually undisputed that children have some Fourth Amendment rights independent of their parents, it is equally clear that youth generally receive less constitutional protection than adults. In a search for continuity and coherence in Fourth Amendment jurisprudence involving minors, Professor Henning identifies three guiding principles—context, parental authority, and the minor’s capacity—that weave together children’s rights cases. She argues that parental authority too often prevails over children’s rights, even when context and demonstrated capacity would support affirmation of those rights. Context involves both the physical setting in which Fourth Amendment protections are sought and the nature of the …

The Hendershott Ruling: When Mediation Runs Into Domestic Violence, Eduardo R.C. Capulong

Faculty Journal Articles & Other Writings

This article examines the Montana Supreme Court's decision in Hendershott v. Westphal, a case of first impression in which the Court held that MCA 40-4-301(2) bars district courts in family law proceedings "from authorizing or continuing mediation of any kind where there is a reason to suspect emotional, physical, or sexual abuse."

Hofstra’S Family Law With Skills Course: Implementing Fler (The Family Law Education Reform Project), Andrew Schepard, J. Herbie Difonzo

Hofstra Law Faculty Scholarship

The Family Law Education Reform Project (FLER ) Final Report documented that the current doctrinally oriented family law curriculum at most law schools does not adequately prepare students for modern family law practice. FLER recommended that law school courses move from the study of cases to the study of the legal system’s effect on families, and integrate the study of alternative dispute resolution and interdisciplinary knowledge. In response, Hofstra Law School has made a comprehensive attempt to implement FLER’s curricular recommendations. This article discusses one major innovation – the Family Law with Skills course. Family Law with Skills is the …

Parenting By The Clock: The Best-Interest-Of-The-Child Standard, Judicial Discretion, And The American Law Institute's "Approximation Rule", Richard A. Warshak

University of Baltimore Law Review

No abstract provided.

Getting To Stay: Clarifying Legal Treatment Of Improper Adoptions, Elena Schwieger

NYLS Law Review

No abstract provided.

Not Of Woman Born: A Scientific Fantasy, Jennifer S. Hendricks

Publications

This Article explores the legal implications of a scientific fantasy: building artificial wombs that could gestate a human child from conception to birth. Because claims about the technological possibility of artificial wombs in the foreseeable future are likely overstated, the focus of the Article is the effect that the fantasy of artificial gestation has on the legal discourse about pregnancy and reproduction today.

The Article first places the fantasy of artificial gestation in the context of theories about reproduction that western science has propounded. The history of scientific theorizing about reproduction is a history of scientists emphasizing the male contribution …

Incarcerated Motherhood, Duchess Harris Phd, Jd

Journal of Race, Gender, and Ethnicity

No abstract provided.

Respect For Me But Not For Thee: Reflections On The Impact Of Same-Sex Marriage On Education, Charles J. Russo

Educational Leadership Faculty Publications

Examples of the ramifications of same-sex marriage in education are beginning to emerge whether in K-12 public or non-public schools or higher education. In K-12 schools, controversies have surfaced over whether school officials can use gay friendly curricular material for young children, 15 whether religiously affiliated non-public schools are obligated to enroll children who are being raised by couples in same-sex unions, 16 and whether students can bring same-sex dates to proms. 17 In like manner, disputes have arisen in higher education, particularly in the context of graduate counseling programs where two students unsuccessfully challenged their dismissals for professing their …

Cutting Edge Issues In Family And Matrimonial Law: An Annotated Bibliography, Nancy Levit

Faculty Works

This bibliography covers law review articles published, for the most part, after 2007. Articles for which the title is self-explanatory or that concern only a single case, state, or statute are cited, but not annotated. Property-related issues will appear in the fall 2011 bibliography.

Sifre V. Sifre, Victoria Rosner

NYLS Law Review

No abstract provided.

International Adoption: A Way Forward, Elizabeth Bartholet

NYLS Law Review

No abstract provided.

Finding Home In The World: A Deontological Theory Of The Right To Be Adopted, Paulo Barrozo

NYLS Law Review

No abstract provided.

Seeking The Better Interests Of Children With A New International Law Of Adoption, Richard Carlson

NYLS Law Review

No abstract provided.

Permanency Is Not Enough: Children Need The Nurturing Parents Found In International Adoption, Elizabeth Bartholet

NYLS Law Review

No abstract provided.

Reflections On The Special Humanitarian Parole Program For Haitian Orphans, Whitney A. Reitz

NYLS Law Review

No abstract provided.

Imperfect Remedies: The Arsenal Of Criminal Statutes Available To Prosecute International Adoption Fraud In The United States, Katie Rasor, Richard M. Rothblatt, Elizabeth A. Russo, Julie A. Turner

NYLS Law Review

No abstract provided.

The Re-Invention Of Adoption Law: A Reflection, Diane B. Kunz

NYLS Law Review

No abstract provided.

Embryo “Adoption”? The Rhetoric, The Law, And The Legal Consequences, Polina M. Dostalik

NYLS Law Review

No abstract provided.

Where Are The Records? Handling Lost/Destroyed Records In Child Welfare Tort Litigation, Dale Margolin Cecka

Law Faculty Publications

As child welfare professionals, we have all encountered the “missing” record, most often during day-to-day advocacy. For those who practice child welfare tort litigation, incomplete discovery is also common, even though case records can be critical in determining negligence or malfeasance. In other forms of civil litigation, judges are asked to hold parties accountable for losing or destroying records, and juries are allowed to draw negative inferences about the missing evidence. In contrast, an investigation of child welfare torts reveals that when a defending agency fails to produce credible records, the issue is simply not litigated or does not affect …

Availability Of Spousal Privileges For Same-Sex Couples, Lisa Yurwit Bergstrom, W. James Denvil

University of Maryland Law Journal of Race, Religion, Gender and Class

No abstract provided.

Give Peace A Chance: A Guide To Mediating Child Welfare Cases, Jennifer Baum

Faculty Publications

(Excerpt)

Would you like to speed up your cases, achieve more satisfying results for your clients, and cut back on needlessly polarizing motion practice? Since its introduction in the 1980s, child welfare mediation has helped attorneys do just that by facilitating resolutions in child protective disputes more quickly, less contentiously, and with more acceptance from stakeholders than its courtroom alternative, adversarial litigation.

If you've handled dependency cases for any length of time, you are already familiar with the crushing caseloads, emotional volatility, and high-stakes decision-making that are the hallmarks of child welfare litigation. In a growing number of jurisdictions, attorneys …

Belonging And Trust: Divorce And Social Capital, Margaret F. Brinig

Journal Articles

To whom do spouses belong? Do they belong to their communities as well as each other and their immediate families? These questions are explored in an empirical paper demonstrating ways in which social capital in communities may affect even the marriages of people living in them.