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Articles 4201 - 4230 of 7931

Full-Text Articles in Family Law

Till [My Parents'] Death Do Us Part: Exposing Testamentary Restrictions Placed On Marriages That Perpetuate Prejudice, Christina V. Bonfanti Mar 2008

Till [My Parents'] Death Do Us Part: Exposing Testamentary Restrictions Placed On Marriages That Perpetuate Prejudice, Christina V. Bonfanti

Washington and Lee Journal of Civil Rights and Social Justice

No abstract provided.

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The Story Of Reynolds V. United States: Federal "Hell Hounds" Punishing Mormon Treason, Martha M. Ertman Jan 2008

The Story Of Reynolds V. United States: Federal "Hell Hounds" Punishing Mormon Treason, Martha M. Ertman

Faculty Scholarship

Part of the “Law Stories” series published by Foundation Press, this chapter in Family Law Stories tells the back story of the 1878 US Supreme Court case Reynolds v. U.S.. While the case held that Mormon polygamy was not protected as the free exercise of religion, this chapter shifts our focus away from sex and religion and toward the Court’s language linking Mormon polygamy with “Asiatic and African” peoples as well as political despotism. This close examination of the historical record shows that 19th century concerns about Mormon separatism – commercial, social and political separatism as well was religious – …

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Bringing The Greenbook To Life: A Resource Guide For Communities, Leigh S. Goodmark, Ann Rosewater Jan 2008

Bringing The Greenbook To Life: A Resource Guide For Communities, Leigh S. Goodmark, Ann Rosewater

Book Gallery

This book is designed for communities seeking to develop interventions that will improve their responses to families suffering both domestic violence and child maltreatment.

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Reasonable Efforts Checklist For Dependency Cases Involving Domestic Violence, Leigh S. Goodmark Jan 2008

Reasonable Efforts Checklist For Dependency Cases Involving Domestic Violence, Leigh S. Goodmark

Book Gallery

The purpose of this checklist is to assist dependency court judges in identifying factors that should be considered when making reasonable efforts determinations in cases involving domestic violence.

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When Is A Battered Woman Not A Battered Woman? When She Fights Back, Leigh S. Goodmark Jan 2008

When Is A Battered Woman Not A Battered Woman? When She Fights Back, Leigh S. Goodmark

Faculty Scholarship

No abstract provided.

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10 Years Out Of Step & Out Of Line: Florida’S Statutory Ban Of “Lesbi-Gay Adoption” Violates The Adoption And Safe Families Act Of 1997 (Asfa), Cynthia G. Hawkins-León, Anesha Worthy Jan 2008

10 Years Out Of Step & Out Of Line: Florida’S Statutory Ban Of “Lesbi-Gay Adoption” Violates The Adoption And Safe Families Act Of 1997 (Asfa), Cynthia G. Hawkins-León, Anesha Worthy

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

No abstract provided.

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Investigating Racial Disparity At The Detention Decision: The Role Of Respectability, Don L. Kurtz, Tavis Linnemann, Ryan Spohn Jan 2008

Investigating Racial Disparity At The Detention Decision: The Role Of Respectability, Don L. Kurtz, Tavis Linnemann, Ryan Spohn

Center on Children, Families, and the Law: Faculty Publications

A concern over inequity and the existence of racial disparity of youth served by the juvenile justice system has long been a topic of considerable interest among scholars, policymakers, and court officials. Numerous empirical studies undertaken by academics and various public and private organizations have attempted to shed some light on this phenomenon. Research findings on disproportionate minority contact have hardly been uniform, leaving much of this practice unexplained. This study uses data obtained at the detention decision point over a three-year period examining variance in juvenile case processing related to race. Findings suggest that extra-legal factors influencing the decision …

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Irrational Exuberance For Babies: The Taste For Heterosexuality And Its Conspicuous Reproduction, Jose M. Gabilondo Jan 2008

Irrational Exuberance For Babies: The Taste For Heterosexuality And Its Conspicuous Reproduction, Jose M. Gabilondo

Faculty Publications

This article targets a flying buttress of normative heterosexuality: its physical reproduction via procreation and its symbolic propagation through parents' pre-natal preferences for heterosexuality in future children. While the parental "taste for heterosexuality" is often asserted for the sake of future children themselves, this justification overlooks the role of parental self-interest, including anticipated social gains to parents from heterosexuality in children. Hence the taste sets the stage both for sexual orientation-based abuse of future children and the devaluation of sexual minority adults. Courts too have a taste for heterosexuality, shown here in two state court cases denying gays and lesbians …

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The Denial Of Emergency Protection: Factors Associated With Court Decision Making, Carol E. Jordan, Adam J. Pritchard, Pamela Wilcox, Danielle Duckett-Pritchard Jan 2008

The Denial Of Emergency Protection: Factors Associated With Court Decision Making, Carol E. Jordan, Adam J. Pritchard, Pamela Wilcox, Danielle Duckett-Pritchard

Office for Policy Studies on Violence Against Women Publications

Despite the importance of civil orders of protection as a legal resource for victims of intimate partner violence, research is limited in this area, and most studies focus on the process following a court’s initial issuance of an emergency order. The purpose of this study is to address a major gap in the literature by examining cases where victims of intimate partner violence are denied access to temporary orders of protection. The study sample included a review of 2,205 petitions that had been denied by a Kentucky court during the 2003 fiscal year. The study offers important insights into the …

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Bus Bombings And A Baby's Custody: Insidious Victories For Terrorism In The Context Of International Custody Disputes, Andrew Zashin Jan 2008

Bus Bombings And A Baby's Custody: Insidious Victories For Terrorism In The Context Of International Custody Disputes, Andrew Zashin

Faculty Publications

This article will address the problematic intersection of terrorism and child custody battles. The most immediate consequences of a terrorist attack are loved ones lost and buildings reduced to rubble. These losses are devastating, shocking and scary. But to end an analysis of terrorist victories with a body count is a fatal mistake. Americans fervently shout we cannot let "them" win, but how do we decide if they are winning? What do the terrorists want? It is not the goal of terrorists to simply kill Americans, causing death and destruction. That is merely a horrific means to their end. Terrorists …

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No More Secret Adoptions: Providing Unwed Biological Fathers With Actual Notice Of The Florida Putative Father Registry, Timothy L. Arcaro Jan 2008

No More Secret Adoptions: Providing Unwed Biological Fathers With Actual Notice Of The Florida Putative Father Registry, Timothy L. Arcaro

Faculty Scholarship

No abstract provided.

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Family Law Arbitration: Third Party Alternative Dispute Resolution, Lynn P. Burleson Jan 2008

Family Law Arbitration: Third Party Alternative Dispute Resolution, Lynn P. Burleson

Campbell Law Review

No abstract provided.

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The Upbringing Of A Creature: The Scope Of A Parent's Right To Teach Children To Hate, Brooke Emery Jan 2008

The Upbringing Of A Creature: The Scope Of A Parent's Right To Teach Children To Hate, Brooke Emery

The Modern American

No abstract provided.

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Terminating Maintenance Payments When An Ex-Spouse Cohabitates In Illinois: When Is Enough Enough?, 41 J. Marshall L. Rev. 435 (2008), Allan L. Karnes Jan 2008

Terminating Maintenance Payments When An Ex-Spouse Cohabitates In Illinois: When Is Enough Enough?, 41 J. Marshall L. Rev. 435 (2008), Allan L. Karnes

UIC Law Review

No abstract provided.

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"I'D Grab At Anything. And I'D Forget." Domestic Violence Victim Testimony After Davis V. Washington, 41 J. Marshall L. Rev. 937 (2008), Nancee Alexa Barth Jan 2008

"I'D Grab At Anything. And I'D Forget." Domestic Violence Victim Testimony After Davis V. Washington, 41 J. Marshall L. Rev. 937 (2008), Nancee Alexa Barth

UIC Law Review

No abstract provided.

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The Evolution Of Same-Sex Marriage In Canada: Lessons The U.S. Can Learn From Their Northern Neighbor Regarding Same-Sex Marriage Rights, Christy M. Glass, Nancy Kubasek Jan 2008

The Evolution Of Same-Sex Marriage In Canada: Lessons The U.S. Can Learn From Their Northern Neighbor Regarding Same-Sex Marriage Rights, Christy M. Glass, Nancy Kubasek

Michigan Journal of Gender & Law

The broad differences between the United States and Canadian cases raise important questions about the social, political and legal factors that have promoted the extension of marriage rights in Canada while retarding similar efforts in the U.S. This article will compare the recent history of same-sex marriage laws in the United States and Canada. We argue that proponents of same-sex marriage as well as lawmakers could learn important lessons from the recent legalization of same-sex marriage in Canada. Section II develops a framework for comparing the U.S. and Canadian experience with same-sex marriage law. The next section traces Canada's recent …

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Caregiving And The Case For Testamentary Freedom, Joshua C. Tate Jan 2008

Caregiving And The Case For Testamentary Freedom, Joshua C. Tate

Faculty Journal Articles and Book Chapters

Almost all U.S. states allow individuals to disinherit their descendants for any reason or no reason, but most of the world's legal systems currently do not. This Article contends that broad freedom of testation is defensible because it allows elderly people to reward family members who are caregivers. The Article explores the common-law origins of freedom of testation, which developed in the shadow of the medieval rule of primogeniture, a doctrine of no contemporary relevance. The growing problem of eldercare, however, offers a justification for the twenty-first century. Increases in life expectancy have led to a sharp rise in the …

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View From The Ivory Tower: Musings Of A Former Family Lawyer, David Spratt Jan 2008

View From The Ivory Tower: Musings Of A Former Family Lawyer, David Spratt

Scholarly Articles in Law Reviews & Journals

No abstract provided.

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Valuing All Families: An Introduction To The 2008 Santa Clara Law Review Symposium, Nancy Polikoff Jan 2008

Valuing All Families: An Introduction To The 2008 Santa Clara Law Review Symposium, Nancy Polikoff

Scholarly Articles in Law Reviews & Journals

The family has changed over time, as has the law concerning families and relationships. Thank goodness. Until recent decades, the law punished nonmarital sex, delineated separate spheres for men and women, and restricted the grounds for ending marriage. The sexual revolution, feminism, and the demand for divorce were the social phenomena that facilitated these changes. Today we take for granted that marriage is not the right dividing line for the rights and obligations of parents. We now must revise our laws to protect the economic security and emotional peace of mind of the full variety of today's families and relationships.

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Comments: Whose Baby Is It Anyway? The Current And Future Status Of Surrogacy Contracts In Maryland, Ashley E. Bashur Jan 2008

Comments: Whose Baby Is It Anyway? The Current And Future Status Of Surrogacy Contracts In Maryland, Ashley E. Bashur

University of Baltimore Law Review

No abstract provided.

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Jessica Gonzales V. United States: An Emerging Model For Domestic Violence & Human Rights Advocacy In The United States, Caroline Bettinger-López Jan 2008

Jessica Gonzales V. United States: An Emerging Model For Domestic Violence & Human Rights Advocacy In The United States, Caroline Bettinger-López

Articles

No abstract provided.

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An Assessment Of Cross-National Variation In Rates Of Incarceration, Ryan Spohn, Travis Linnemann Jan 2008

An Assessment Of Cross-National Variation In Rates Of Incarceration, Ryan Spohn, Travis Linnemann

Center on Children, Families, and the Law: Faculty Publications

Our theoretical approach compares the relative efficacy of multiple theories of law and social control. From a general social threat perspective, we find that variables reflecting the size of the unemployed youth population and general measures of income inequality have positive impacts on a nation's rates of incarceration. We also find partial support for one of Durkheim's laws of quantitative change and penal evolution, in that, all else equal, nations with a more authoritarian form of government utilize incarceration at a higher rate than their more democratic counterparts. We also find that the institutional anomie perspective, which has previously been …

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Family Law In The Twenty-First Century: An Annotated Bibliography, Nancy Levit Jan 2008

Family Law In The Twenty-First Century: An Annotated Bibliography, Nancy Levit

Faculty Works

The twenty-first century will bring, among other things, an explosion of technology (in domains ranging from electronic to reproductive), greater personal mobility, and an aging population. Thus, this bibliography emphasizes cutting edge issues in areas as wide-ranging as elder law, electronic discovery, changes in the legal profession (such as internet advertising and provision of legal services), multidisciplinary and multijurisdictional practice, and the new world of reproductive technologies. This bibliography covers law review articles, A.L.R. entries, and some web articles published after 2002, with an emphasis on those in more recent years. The bibliography for the first time expands to include …

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Practical Insights From An Empirical Study Of Cooperative Lawyers In Wisconsin, John M. Lande Jan 2008

Practical Insights From An Empirical Study Of Cooperative Lawyers In Wisconsin, John M. Lande

Faculty Publications

This article reports on a study of members of the Divorce Cooperation Institute (DCI), a group of Wisconsin lawyers who use a "Cooperative" process to provide a constructive and efficient negotiation process in divorce cases. The study involved in-depth telephone interviews and several surveys of DCI members. Although DCI members use this process only in divorce cases, it can be readily adapted for other types of cases.DCI's approach generally involves an explicit process agreement at the outset, based on principles of: (1) acting civilly, (2) responding promptly to reasonable requests for information, (3) disclosing all relevant financial information, (4) obtaining …

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What Yoder Wrought: Religious Disparagement, Parental Alienation And The Best Interests Of The Child, Jeffrey Shulman Jan 2008

What Yoder Wrought: Religious Disparagement, Parental Alienation And The Best Interests Of The Child, Jeffrey Shulman

Villanova Law Review (1956 - )

No abstract provided.

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Nonmartial Cohabitation: Social Revolution And Legal Regulation, Marsha Garrison Jan 2008

Nonmartial Cohabitation: Social Revolution And Legal Regulation, Marsha Garrison

Faculty Scholarship

No abstract provided.

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Bionormativity And The Construction Of Parenthood, Katharine K. Baker Jan 2008

Bionormativity And The Construction Of Parenthood, Katharine K. Baker

Georgia Law Review

This Article explores the relationship between legal and biological parenthood. It examines how neither history, nor biology, nor moral philosophy dictate a legal regime in which parenthood must be based on biological connection, but that attractionto a biological (or"bionormative")regime remains strong. In explaining why, it suggests that much of what attracts people to bionormativity is not biology itself, but the way in which a biological regime constructs parenthood as a private, exclusive, and binary enterprise. It is these ancillary qualities of bionormativity that people may care the most about. Today, a variety of forces put pressure on these ancillary qualities …

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Child Welfare And Future Persons, Carter Dillard Jan 2008

Child Welfare And Future Persons, Carter Dillard

Georgia Law Review

While ethicists have delved deeply into the rights and wrongs of procreating,lawyers have had little to say about the matter, because they are stymied by practical concerns, by the tendency of the law to ignore prospective children and their interests,and by the misperception that a fundamental rights boundary absolutely forbids state intervention. But recently a small door has opened in this wall between law and ethics: courts faced with repeatedly having to remove abused and neglected children from parents judged unfit, have issued temporary no-procreation orders. As precedent builds and the possibility of ex ante regulation of procreation and parenthood …

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What Do We Have Against Parents?: An Assessment Of Judicial Bypass Procedures And Parental Involvement In Abortions By Minors, Wade Schueneman Jan 2008

What Do We Have Against Parents?: An Assessment Of Judicial Bypass Procedures And Parental Involvement In Abortions By Minors, Wade Schueneman

Georgia Law Review

It is the established law of the land that minors enjoy a limited right to terminate unwanted pregnancies. States may restrain the exercise of this right by requiring parental consent or notification, but they must allow minors an opportunity to bypass consent requirements. This Note examines the history and present state of judicial and nonjudicial bypass mechanisms. It details the constraints and requirements imposed by state and federal constitutions, assesses the current landscape of parental involvement statutes, and provides prescriptive analysis as to how states might choose to refine and improve their bypass mechanisms to better protect parental rights.

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"Insuring" Quality: Restrictions On Legislative Control Of Partner Benefits At Kentucky's Public Universities, Jacinta Feldman Manning Jan 2008

"Insuring" Quality: Restrictions On Legislative Control Of Partner Benefits At Kentucky's Public Universities, Jacinta Feldman Manning

Kentucky Law Journal

No abstract provided.

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