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Articles 4861 - 4890 of 7930

Full-Text Articles in Family Law

When Daddy Doesn't Want To Be Daddy Anymore: An Argument Against Paternity Fraud Claims, Melanie B. Jacobs Mar 2004

When Daddy Doesn't Want To Be Daddy Anymore: An Argument Against Paternity Fraud Claims, Melanie B. Jacobs

ExpressO

No abstract provided.


The Hand That Rocks The Cradle: How Children's Literature Reflects Motherhood, Identity, And International Adoption, Susan Ayres Mar 2004

The Hand That Rocks The Cradle: How Children's Literature Reflects Motherhood, Identity, And International Adoption, Susan Ayres

Faculty Scholarship

Children's books are "a source of law" for children because "[children] are constantly trying to make sense of what is going on around them, and although literature itself is only a constituent of life experience, as a constituent it is potentially of the greatest importance." As adults and lawyers, we can also read children's books as a source of law because they reflect patriarchal ideologies about the family and stigma surrounding adoption. Like other myths, children's books tell stories about origins and constitute not only subjects but are also the foundation of law by reflecting legal norms and projecting legal …


Focusing On Children: Providing Counsel To Children In Expedited Proceedings To Terminate Parental Rights, Bridget A. Blinn Mar 2004

Focusing On Children: Providing Counsel To Children In Expedited Proceedings To Terminate Parental Rights, Bridget A. Blinn

Washington and Lee Law Review

No abstract provided.


Relative Burdens: Family Ties And The Safety Net, Lee Anne Fennell Mar 2004

Relative Burdens: Family Ties And The Safety Net, Lee Anne Fennell

William & Mary Law Review

No abstract provided.


Same-Sex Unions And Conflicts Of Law: When "I Do" May Be Interpreted As "No, You Didn't"!, Kathy T. Graham Feb 2004

Same-Sex Unions And Conflicts Of Law: When "I Do" May Be Interpreted As "No, You Didn't"!, Kathy T. Graham

ExpressO

This article is about the conflicts of law issues that will arise regarding recognition of same-sex unions across state lines. With Vermont's recognition of same-sex unions and Massachusetts soon to follow, it is just a matter of time until the conflict of laws issue will arise in other states's courts. The article discusses how the context in which the conflict arises will impact whether the same-sex relationship is given recognition in another state.


Foster Care Placement: Reducing The Risk Of Sibling Incest, David J. Herring Feb 2004

Foster Care Placement: Reducing The Risk Of Sibling Incest, David J. Herring

ExpressO

No abstract provided.


Bargaining Or Biology? The History And Future Of Paternity Law And Parental Status, Katharine K. Baker Feb 2004

Bargaining Or Biology? The History And Future Of Paternity Law And Parental Status, Katharine K. Baker

All Faculty Scholarship

In practice, paternity rulings are remarkably unimportant. With the exception of state welfare authorities pursuing mostly impoverished biological fathers, few paternity actions are brought, few mothers want to bring them and (even with state-sponsored pursuit) very few dollars get transferred to children as a result of them. In theory, however, paternity judgments are very and perniciously important because they keep alive the biological fatherhood ideal, an ideal that has never been reflected in law or fact and that is inconsistent with the emerging law of parental rights and responsibilities. This article challenges the biological fatherhood ideal and suggests that contract, …


A Peace Proposal For The Same-Sex Marriage Wars: Restoring The Household To Its Proper Place, Marie A. Failinger Feb 2004

A Peace Proposal For The Same-Sex Marriage Wars: Restoring The Household To Its Proper Place, Marie A. Failinger

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

No abstract provided.


Children Exposed To Methamphetamine Laboratories – Flowsheet Side 1, Version 4.0 Jan 2004

Children Exposed To Methamphetamine Laboratories – Flowsheet Side 1, Version 4.0

Center on Children, Families, and the Law (and Related Organizations): Publications

The CHEM-L Protocol provides guidance for the following personnel to guide action before, during, and after a child is found in association with a clandestine methamphetamine laboratory in Nebraska.


Still Part Of The Clan: Representing Elders In The Family Law Practice, Sy Moskowitz Jan 2004

Still Part Of The Clan: Representing Elders In The Family Law Practice, Sy Moskowitz

Law Faculty Publications

No abstract provided.


Unemployment Insurance Reform For Moms, Karen Czapanskiy Jan 2004

Unemployment Insurance Reform For Moms, Karen Czapanskiy

Faculty Scholarship

No abstract provided.


Deconstructing Teresa O'Brien: A Role Play For Domestic Violence Clinics, Leigh S. Goodmark, Catherine F. Klein Jan 2004

Deconstructing Teresa O'Brien: A Role Play For Domestic Violence Clinics, Leigh S. Goodmark, Catherine F. Klein

Faculty Scholarship

No abstract provided.


Law Is The Answer? Do We Know That For Sure? Questioning The Efficacy Of Legal Interventions For Battered Women, Leigh S. Goodmark Jan 2004

Law Is The Answer? Do We Know That For Sure? Questioning The Efficacy Of Legal Interventions For Battered Women, Leigh S. Goodmark

Faculty Scholarship

No abstract provided.


Achieving Batterer Accountability In The Child Protection System, Leigh S. Goodmark Jan 2004

Achieving Batterer Accountability In The Child Protection System, Leigh S. Goodmark

Faculty Scholarship

No abstract provided.


Do Moms And Dads Matter? Evidence From The Social Sciences On Family Structure And The Best Interests Of The Child, Maggie Gallagher, Joshua K. Baker Jan 2004

Do Moms And Dads Matter? Evidence From The Social Sciences On Family Structure And The Best Interests Of The Child, Maggie Gallagher, Joshua K. Baker

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

No abstract provided.


Symposium Introduction: Women's Work Is Never Done: Employment, Family, And Activism, Kristin (Brandser) Kalsem, Verna L. Williams Jan 2004

Symposium Introduction: Women's Work Is Never Done: Employment, Family, And Activism, Kristin (Brandser) Kalsem, Verna L. Williams

Faculty Articles and Other Publications

This article frames the issues in the Supreme Court case, Nevada Department of Human Resources v. Hibbs, and introduces the articles making up the inaugural symposium of the Law and Women's Studies Program at the University of Cincinnati. Hibbs involved a husband who was trying to get leave under the Family and Medical Leave Act (FMLA) in order to take care of his severely injured wife. The case presents an opportunity to rethink issues of work and family, the legal subordination of women, and the law as an agent for social change, and it was therefore an ideal focus for …


Who's Your Daddy?: An Analysis Of Illinois' Law Of Parentage And The Meaning Of Parenthood, Steven N. Peskind Jan 2004

Who's Your Daddy?: An Analysis Of Illinois' Law Of Parentage And The Meaning Of Parenthood, Steven N. Peskind

Loyola University Chicago Law Journal

No abstract provided.


Parents Know Best: Revising Our Approach To Parental Custody Agreements, Linda Jellum Jan 2004

Parents Know Best: Revising Our Approach To Parental Custody Agreements, Linda Jellum

Articles

Historically, parents have not been able to determine custody of their children prior to marriage in the form of a prenuptial agreement. Although parents are able to enter into such agreements, courts normally have a great deal of latitude in ignoring these agreements. A majority of states merely consider the agreement as one factor in determining what is in the child's best interest, while the majority of the rest presume the agreement is in the best interest of the child unless the judge finds otherwise. Only two states defer to the parental agreement unless it would be harmful to the …


The Relationship Between Juvenile Delinquency And Family Unit Structure, Angela D. Mullens Jan 2004

The Relationship Between Juvenile Delinquency And Family Unit Structure, Angela D. Mullens

Theses, Dissertations and Capstones

The purpose of this study was to investigate the relationship between parental absence and juvenile delinquency and to determine if a link exists between the two variables. Data was collected from male juveniles who were alleged to have committed status or delinquent offenses between 1996 and 2004. Each offense was categorized according to the family unit (e.g., intact, father only, mother only, etc.), offense type (e.g., underage consumption, petit larceny, breaking and entering, etc.), offense level (e.g., status misdemeanor, and felony), the victim (e.g., crimes against the person, crimes against property, etc.) and the juvenile’s age at the time the …


A Positive Right To Protection For Children, Tamar Ezer Jan 2004

A Positive Right To Protection For Children, Tamar Ezer

Articles

Concepts that are useful in other areas of human rights break down in the context of children. Because children are dependent on adults for their development, they are an anomaly in the liberal legal order, which views negative rights as implying fully rational, autonomous individuals that can exercise free choice. This Article argues for a positive right to protection for children, rooted in dignity, by probing the problematic nature of the positive/negative rights duality and exploring alternate legal approaches to protecting children 's rights in both international and comparative law. The adoption of positive rights for children would help assure …


Embracing Tradition: Pluralism In American Family Law, Ann Laquer Estin Jan 2004

Embracing Tradition: Pluralism In American Family Law, Ann Laquer Estin

Maryland Law Review

No abstract provided.


The Protection Of Reproductive Rights Under International Law: The Bush Administration's Policy Shift And China's Family Planning Practices, Hannah A. Saona Jan 2004

The Protection Of Reproductive Rights Under International Law: The Bush Administration's Policy Shift And China's Family Planning Practices, Hannah A. Saona

Washington International Law Journal

On his first day in office, U.S. President George W. Bush reinstated a policy that restricts United States Agency for International Development funding of foreign non-governmental organizations. A year and a half later, President Bush attracted media attention by rejecting funding commitments to the United Nations Population Fund ("UNFPA") based on its alleged involvement with the People's Republic of China ("PRC"). The PRC, in an effort to curb rampant population growth, has adopted a one child per couple policy. This policy has, in some cases, led to the use of coercive family planning practices such as forced abortion and sterilization. …


The Ramifications Of West Virginia's Codified Child Custody Law: A Departure From Garska V. Mccoy, John D. Athey Jan 2004

The Ramifications Of West Virginia's Codified Child Custody Law: A Departure From Garska V. Mccoy, John D. Athey

West Virginia Law Review

No abstract provided.


Policy Brief #2: Parent Perceptions Of Child Care: How Do Nebraska Parents Rate Their Child Care And Child Care Subsidy Options?, Kathy Thornburg, Helen Raikes, Brian Wilcox, Carolyn Edwards, Julia C. Torquati Jan 2004

Policy Brief #2: Parent Perceptions Of Child Care: How Do Nebraska Parents Rate Their Child Care And Child Care Subsidy Options?, Kathy Thornburg, Helen Raikes, Brian Wilcox, Carolyn Edwards, Julia C. Torquati

Center on Children, Families, and the Law (and Related Organizations): Publications

In 2000, university researchers at the University of Nebraska-Lincoln, Iowa State University, University of Kansas, and the University of Missouri, and state child care and early education program partners in four states (Missouri, Iowa, Kansas, and Nebraska) initiated the Midwest Child Care Research Consortium (MCCRC). The focus of the Consortium’s work is to conduct a multiyear study on a range of issues associated with child care quality and conditions. Across the four states, a stratified random selection of 2022 child care providers participated in a telephone survey conducted by the Gallup Organization, representing licensed child care centers, licensed family child …


Policy Brief #1: Child Care Assets: What Are 14 Key Assets Of Child Care Providers That Support Quality?, Kathy Thornburg, Helen Raikes, Brian Wilcox, Carolyn Edwards, Julia C. Torquati, Susan Hegland, Carla Peterson, Jean Ann Summers, Jane Atwater Jan 2004

Policy Brief #1: Child Care Assets: What Are 14 Key Assets Of Child Care Providers That Support Quality?, Kathy Thornburg, Helen Raikes, Brian Wilcox, Carolyn Edwards, Julia C. Torquati, Susan Hegland, Carla Peterson, Jean Ann Summers, Jane Atwater

Center on Children, Families, and the Law (and Related Organizations): Publications

In 2000, university researchers at the University of Nebraska-Lincoln, Iowa State University, University of Kansas and the University of Missouri and state child care and early education program partners in four states (Missouri, Iowa, Kansas, and Nebraska) initiated the Midwest Child Care Research Consortium (MCCRC). The focus of the Consortium’s work is to conduct a multiyear study on a range of issues associated with child care quality and conditions. Across the four states, a stratified random selection of 2,022 child care providers participated in a telephone survey conducted by the Gallup Organization, representing licensed child care centers, licensed family child …


Divorce Child Custody Mediation: In Order To Form A More Perfect Disunion , Ben Barlow Jan 2004

Divorce Child Custody Mediation: In Order To Form A More Perfect Disunion , Ben Barlow

Cleveland State Law Review

The adversarial process serves its purpose in our society; however, that does not mean that there are not better ways to handle specific cases. To that end, nonadversarial systems offer tremendous potential in civil litigation, in governmental relations, in neighborhood and family conflicts, and, especially, in divorce child custody cases. If mediation statutes are contemplated for the sole purpose of judicial economy, discretionary statutes are sufficient. For the true value of mediation to be experienced, however, a mandatory scheme containing safeguards for cases involving domestic violence should be implemented.Understandably, many mediators are leery of the effect that mandatory schemes have …


Foreword, Byron L. Warnken Jan 2004

Foreword, Byron L. Warnken

All Faculty Scholarship

No abstract provided.


An Exploration Of The Impact Of The Family Court Process On 'Invisible' Stepparents, Natalie Gately Jan 2004

An Exploration Of The Impact Of The Family Court Process On 'Invisible' Stepparents, Natalie Gately

Theses : Honours

The increase of divorce in Australia is creating a social phenomenon for family researchers. Many families resolve disputes regarding children in the Family Courts, however due to the protracted litigation process many partners will have repartnered. Little is understood about how bureaucratic systems impact upon the experience of stepparents. These decisions might very well impact on the stepparents own new lifestyle and relationship, placing an additional burden on themselves and the stepfamily. The purpose of this review is to explore the literature pertaining to the issues surrounding repartnering and the Family Court process in order to illustrate how this invisibility …


Understanding Family Law In Context: The Court Observation Assignment, Jane C. Murphy Jan 2004

Understanding Family Law In Context: The Court Observation Assignment, Jane C. Murphy

All Faculty Scholarship

No abstract provided.


Nebraska Child Care Workforce And Quality: Summary Policy Brief #7, Kathy Thornburg, Helen Raikes, Brian Wilcox, Carolyn P. Edwards, Julia C. Torquati, Susan Hegland, Carla Peterson, Jean Ann Summers, Jane Atwater Jan 2004

Nebraska Child Care Workforce And Quality: Summary Policy Brief #7, Kathy Thornburg, Helen Raikes, Brian Wilcox, Carolyn P. Edwards, Julia C. Torquati, Susan Hegland, Carla Peterson, Jean Ann Summers, Jane Atwater

Center on Children, Families, and the Law (and Related Organizations): Publications

The study showed the average child care provider in Nebraska is female, married and a parent. This provider had some training or education beyond high school but not an advanced degree, was active in child care training, had a First Aid/CPR certificate, considered child care her profession or calling, had been in the child care field for over 5 years and planned to remain a provider.

The average provider was observed to provide minimal quality child care. In Nebraska, using well-established observational measures of quality, center-based preschool care averaged 4.16 on the Early Childhood Environment Rating Scale (ECERS-R); 4.49 on …