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Articles 4711 - 4740 of 7930

Full-Text Articles in Family Law

Who's Your Daddy?: Challenging The Application Of The Best Interest Of The Child Standard To Adults And In The Context Of An Intestate Estate, Tyler E. Heffron Jan 2005

Who's Your Daddy?: Challenging The Application Of The Best Interest Of The Child Standard To Adults And In The Context Of An Intestate Estate, Tyler E. Heffron

ExpressO

This article includes a discussion of (1) whether the best interest of the child standard should apply to an adult, (2) whether the best interest of the child standard should apply in the context of an intestate estate, and (3) whether the Kansas Probate Code should defer heirship challenges to the Kansas Parentage Act. The article, following case law from New Mexico and statutes from Georgia, concludes that the best interest of the child standard should not apply to an adult or in the context of an intestate estate. The article proposes an amendment to the Kansas Probate Code.

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Yaros-Hakak V. Attorney General, Aharon Barak, Miriam Naor, Eliezer Rivlin, Mishael Cheshin, Dorit Beinisch, Asher Grunis, Jacob Turkel, Eliahu Mazza, Edmond E. Levy Jan 2005

Yaros-Hakak V. Attorney General, Aharon Barak, Miriam Naor, Eliezer Rivlin, Mishael Cheshin, Dorit Beinisch, Asher Grunis, Jacob Turkel, Eliahu Mazza, Edmond E. Levy

Translated Opinions

Facts: The appellants are two women who live together in a single-sex relationship. The appellants gave birth to two children and one child respectively, by means of anonymous sperm donations. They are raising the three children jointly. The appellants applied to the Family Court for adoption orders, so that each of the appellants could adopt the other’s children. The applications were dismissed in limine by the Family Court and, on appeal, by the District Court (by majority opinion), on the grounds that the appellants were not competent to adopt under the provisions of the Adoption of Children Law. The appellants …

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Regulation, Subsidy Receipt And Provider Characteristics: What Predicts Quality In Child Care Homes?, Abbie Raikes, Helen Raikes, Brian Wilcox Jan 2005

Regulation, Subsidy Receipt And Provider Characteristics: What Predicts Quality In Child Care Homes?, Abbie Raikes, Helen Raikes, Brian Wilcox

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

Far less is known about predictors of quality for family child care homes than for child care centers. The current study of 120 randomly-selected family child care providers in four Midwestern states examined distal, state policy-level variables (family child care regulations and the concentration of children cared for who received public child care subsidies, referred to as subsidy density), and proximal, provider-level variables (providers’ level of education and reported annual training hours) as influences on global quality and caregiver sensitivity. More regulation, lower subsidy density, higher levels of provider education and more training hours were associated with higher global quality …

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Delinquency And Gun Violence: The Intervening Role Of Values Toward Guns, Ryan Spohn Jan 2005

Delinquency And Gun Violence: The Intervening Role Of Values Toward Guns, Ryan Spohn

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

The current research project examines the intervening role of values towards gun possession and gun use in predicting involvement of high school-aged males in general delinquency and gun-related delinquency. As the first step of the project, we examine the factors that influence the values that the youth have towards gun possession and gun use. The most important factors producing positive values towards guns are a need for protection, having friends who carry guns, being a gang member, and being a victim of a gun crime. In contrast, frequency of church attendance reduces such values. As the next step, we examined …

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The Business Of Intimacy: Bridging The Private-Private Distinction, Martha M. Ertman Jan 2005

The Business Of Intimacy: Bridging The Private-Private Distinction, Martha M. Ertman

Faculty Scholarship

No abstract provided.

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Telling Stories, Saving Lives: The Battered Mothers' Testimony Project, Women's Narratives, And Court Reform, Leigh S. Goodmark Jan 2005

Telling Stories, Saving Lives: The Battered Mothers' Testimony Project, Women's Narratives, And Court Reform, Leigh S. Goodmark

Faculty Scholarship

No abstract provided.

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Eligibility For Medical & Family Leave Under The Fmla: Development Of The Statutory Text 1985-1993, Workplace Flexibility 2010, Georgetown University Law Center Jan 2005

Eligibility For Medical & Family Leave Under The Fmla: Development Of The Statutory Text 1985-1993, Workplace Flexibility 2010, Georgetown University Law Center

Charts and Summaries of State, U.S., and Foreign Laws and Regulations

No abstract provided.

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Fmla Scope, Coverage, And Eligibility, Workplace Flexibility 2010, Georgetown University Law Center Jan 2005

Fmla Scope, Coverage, And Eligibility, Workplace Flexibility 2010, Georgetown University Law Center

Charts and Summaries of State, U.S., and Foreign Laws and Regulations

No abstract provided.

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Living With Leave Part I: Intermittent Leave, Workplace Flexibility 2010, Georgetown University Law Center Jan 2005

Living With Leave Part I: Intermittent Leave, Workplace Flexibility 2010, Georgetown University Law Center

Charts and Summaries of State, U.S., and Foreign Laws and Regulations

No abstract provided.

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Length Of Medical & Family Leave Allowed Under The Fmla & Covered Employers' Number Of Employees: Development Of Statutory Text (1985-1993), Workplace Flexibility 2010, Georgetown University Law Center Jan 2005

Length Of Medical & Family Leave Allowed Under The Fmla & Covered Employers' Number Of Employees: Development Of Statutory Text (1985-1993), Workplace Flexibility 2010, Georgetown University Law Center

Charts and Summaries of State, U.S., and Foreign Laws and Regulations

No abstract provided.

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Comparative Chart Of California’S Leave And Wage Replacement Laws, Workplace Flexibility 2010, Georgetown University Law Center Jan 2005

Comparative Chart Of California’S Leave And Wage Replacement Laws, Workplace Flexibility 2010, Georgetown University Law Center

Charts and Summaries of State, U.S., and Foreign Laws and Regulations

No abstract provided.

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Legislation Proposed In The 108th Congress Relating To The Family And Medical Leave Act, Workplace Flexibility 2010, Georgetown University Law Center Jan 2005

Legislation Proposed In The 108th Congress Relating To The Family And Medical Leave Act, Workplace Flexibility 2010, Georgetown University Law Center

Charts and Summaries of State, U.S., and Foreign Laws and Regulations

No abstract provided.

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George's Story: Voice And Transformation Through The Teaching And Practice Of Therapeutic Jurisprudence In A Law School Child Advocacy Clinic, Bernard P. Perlmutter Jan 2005

George's Story: Voice And Transformation Through The Teaching And Practice Of Therapeutic Jurisprudence In A Law School Child Advocacy Clinic, Bernard P. Perlmutter

Articles

No abstract provided.

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In Search Of Paternal Equity: A Father's Right To Pursue A Claim Of Misrepresentation Of Fertility, Jill E. Evans Jan 2005

In Search Of Paternal Equity: A Father's Right To Pursue A Claim Of Misrepresentation Of Fertility, Jill E. Evans

Loyola University Chicago Law Journal

No abstract provided.

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Same-Sex Marriage, Slippery Slope Rhetoric, And The Politics Of Disgust: A Critical Perspective On Contemporary Family Discourse And The Incest Taboo, Courtney Megan Cahill Jan 2005

Same-Sex Marriage, Slippery Slope Rhetoric, And The Politics Of Disgust: A Critical Perspective On Contemporary Family Discourse And The Incest Taboo, Courtney Megan Cahill

Scholarly Publications

No abstract provided.

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Utah Prefers Married Couples, Scott H. Clark Jan 2005

Utah Prefers Married Couples, Scott H. Clark

St. Thomas Law Review

As early as March 2000, Utahns identified the apparent contradiction between Florida's prohibition of adoptions by homosexuals and its concurrent licensure of homosexuals as foster parents. Seeking to avoid the train wreck vividly exposed in the Lofton v. Secretary of the Department of Children & Family Services controversy, Utah lawmakers enacted a statute and corresponding regulations, which provide that legally married couples are preferred as prospective adoptive parents. Utah did not ban adoptions or foster parenting by single individuals, nor did it use sexual preference as a criterion for disqualification of prospective adoptive parents or prospective foster parents. In Utah, …

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"Just" Married?: Same-Sex Marriage And A Hustory Of Family Plurality, Judith E. Koons Jan 2005

"Just" Married?: Same-Sex Marriage And A Hustory Of Family Plurality, Judith E. Koons

Michigan Journal of Gender & Law

To contribute to a full moral deliberation about same-sex marriage, this Article inquires into the meanings of marriage, sexuality, and family from historical and narrative perspectives that are situated at the intersection of religious and political domains.

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Living With Leave Part Ii: Notice, Designation, And Substitution Of Leave Issues, Workplace Flexibility 2010, Georgetown University Law Center Jan 2005

Living With Leave Part Ii: Notice, Designation, And Substitution Of Leave Issues, Workplace Flexibility 2010, Georgetown University Law Center

Charts and Summaries of State, U.S., and Foreign Laws and Regulations

No abstract provided.

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Gay And Lesbian Adoption: Banishing The Pied Piper, Amy D. Ronner Jan 2005

Gay And Lesbian Adoption: Banishing The Pied Piper, Amy D. Ronner

St. Thomas Law Review

In my recent book, Homophobia and the Law, Robert Browning's Pied Piper, "the strangest figure" with a "queer long coat from heal to head, inducts a core chapter, the one on Children. After all, it is this notorious Pied Piper, who absconds with the town's children, leads them through a "wondrous portal" into the mountain-side cave, and renders their laughter inaudible forever. The Pied Piper has evolved into a menacing conceit that perpetuates discrimination against gay and lesbian couples. It is predicated on an irrational notion that homosexuals will, by coaxing children toward their own sexual orientation, seal them in …

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A Search For Reason In Fairy Tales, John F. Fernandez Jan 2005

A Search For Reason In Fairy Tales, John F. Fernandez

St. Thomas Law Review

A fairy1 tale: Once upon at time (not so very long ago), in a land (not so far away) lived a beautiful queen (well, actually a "runner up ") with a golden voice. The beautiful queen reined over her people and sang of sunshine. Some of the queen's subjects had felt that they were not treated fairly by the laws of the land and sought to have their unfair treatment prohibited. Apparently, this caused the queen to develop a fear and hatred for these subjects. These subjects had done nothing to the queen. Yet, the queen made it her mission …

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Opening Another Exit From Child Welfare For Special Needs Children - Why Some Gay Men And Lesbians Should Have The Privilege To Adopt Children In Florida, Cynthia R. Mabry Jan 2005

Opening Another Exit From Child Welfare For Special Needs Children - Why Some Gay Men And Lesbians Should Have The Privilege To Adopt Children In Florida, Cynthia R. Mabry

St. Thomas Law Review

This article addresses the question of whether some gay and lesbian adults should be permitted to adopt any children in the State of Florida, especially children with special needs. Part I more clearly describes children with special needs. Part II discusses who may adopt special needs children. Part III briefly covers gay and lesbian adoption statistics. Part IV sets forth general and specific factors that may be used in determining whether a particular gay man or lesbian is suitable for adopting children in Florida. This section also enumerates and discusses reasons that are offered to support bans on same-sex adoption. …

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Pulpits And Platforms: The Role Of The Church In Determining Protest Among Black Americans, Scott T. Fitzgerald, Ryan Spohn Jan 2005

Pulpits And Platforms: The Role Of The Church In Determining Protest Among Black Americans, Scott T. Fitzgerald, Ryan Spohn

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

This article further specifies the relationship between church-based resources, group identification and political activism among black Americans. Previous research indicates that political communication within churches and activism within the church serve to motivate political participation. Our research suggests that, net of relevant controls, activism within the church does not significantly increase protest politics. A key determinant of protest participation is attending a church that exhibits a politicized church culture, and this effect is contingent upon educational attainment and membership in secular organizations. Hence, the church serves as a crucial context for the dissemination of political messages and exposure to opportunities …

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The End Of Poverty: Economic Possibilities For Our Time By Jeffrey Sachs Penguin Press, 2005, Elizabeth Hahn Jan 2005

The End Of Poverty: Economic Possibilities For Our Time By Jeffrey Sachs Penguin Press, 2005, Elizabeth Hahn

Sustainable Development Law & Policy

No abstract provided.

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Border Crossings: Understanding The Civil, Criminal, And Immigration Implications For Battered Immigrants (And Others) Fleeing Across State Lines With Their Children, Catherine F. Klein, Leslye E. Orloff, Hema Sarangapani Jan 2005

Border Crossings: Understanding The Civil, Criminal, And Immigration Implications For Battered Immigrants (And Others) Fleeing Across State Lines With Their Children, Catherine F. Klein, Leslye E. Orloff, Hema Sarangapani

Scholarly Articles

This article provides an overview of the impact of state criminal parental kidnapping or custodial interference statutes on immigrant survivors of domestic violence who already have left or wish to leave their state with their children. Specifically, it discusses the jurisdictional laws that relate to interstate custody, criminal implications of intrastate versus interstate custodial interference, the varying applicability of custodial interference statutes for parents who do and do not have court-ordered custody of their children, statutory exceptions or defenses available to survivors of domestic violence facing prosecution on charges of criminal parental kidnapping, and immigration consequences related to a conviction …

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Marriage, Divorce, And Inheritance Laws In Sierra Leone And Their Discriminatory Effects On Women, Pamela O. Davies Jan 2005

Marriage, Divorce, And Inheritance Laws In Sierra Leone And Their Discriminatory Effects On Women, Pamela O. Davies

Human Rights Brief

No abstract provided.

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The Profits And Penalties Of Kinship: Conflicting Meanings Of Family In Estate Tax Law, Bridget J. Crawford Jan 2005

The Profits And Penalties Of Kinship: Conflicting Meanings Of Family In Estate Tax Law, Bridget J. Crawford

Elisabeth Haub School of Law Faculty Publications

This article critically examines the conflicting estate tax definitions of family in I.R.C. Sections 2036, 2032A and 6166. The sections use terms such as family and related in ways that conflict with each other and with lay understanding of the terms. From an historical perspective, the multiple estate tax definitions reflect the Code sections' distinct purposes. From a theoretical perspective, they acknowledge the personal and economic interconnectedness within families as well as diversity in the structure of family arrangements. The existing definitions of family fall short, however, in that they fail to recognize the full range of associational arrangements that …

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Squeezing Subjectivity From The Doctrine Of Unconscionability, Paul Bennett Marrow Jan 2005

Squeezing Subjectivity From The Doctrine Of Unconscionability, Paul Bennett Marrow

Cleveland State Law Review

Issues of unconscionability are most often encountered in two arenas: commercial agreements and family law agreements. In the first arena this Article proposes that the analysis should focus on the impact of a suspect term on the integrity of the contracting system or to an enabling statute. If a contract term materially undermines or compromises the integrity of the system for contracting or the integrity of an enabling statute, it should be found unconscionable. In the family law arena things differ because of the substance of the relationships involved and because the need for mutual consideration is de-emphasized. Accordingly, in …

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How Parents And Children Disappear In Our Courts - And Why It Need Not Ever Happen Again, James A. Cosby Jan 2005

How Parents And Children Disappear In Our Courts - And Why It Need Not Ever Happen Again, James A. Cosby

Cleveland State Law Review

Part One of this Article further examines those moral, factual and legal dynamics in the family that make these cases so difficult. Part Two summarizes the present state of the law, and demonstrates precisely where and why the current legal approach is falling short. I will show how the law specifically fails to adequately define the rights of parents, substantively as well as procedurally and, I will furthermore demonstrate how, in their current forms, the doctrines of parental autonomy and the best interests of the child are far too broad and too rigid for many cases involving the parent-child relationship. …

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Differentiating Types Of Domestic Violence: Implications For Child Custody, Nancy Ver Steegh Jan 2005

Differentiating Types Of Domestic Violence: Implications For Child Custody, Nancy Ver Steegh

Faculty Scholarship

This article examines child custody determinations through the lens of a domestic violence typology. The resulting analysis (1) reconciles competing viewpoints and contradictory evidence about domestic violence; (2) matches families with appropriate child custody court procedures and services such as parent education, mediation, supervised visitation and parent coordination; and (3) exposes serious deficiencies in current domestic violence childcustody statutes.

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Inter-American System, Claudia Martin Jan 2005

Inter-American System, Claudia Martin

Scholarly Articles in Law Reviews & Journals

No abstract provided.

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