Family Law Commons^™

The Ali Proposals And The Distribution Of Stock Options And Restricted Stock On Divorce: The Risks Of Theory Meet The Theory Of Risk, David S. Rosettenstein

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

No abstract provided.

Adult Children And Indigent Parents: Intergenerational Responsibilities In International Perspective, Seymour Moskowitz

Law Faculty Publications

No abstract provided.

Love And Work: A Response To Vicki Schultz's Life's Work, Martha M. Ertman

Faculty Scholarship

No abstract provided.

Parenting In The Face Of Prejudice: The Need For Representation For Parents With Mental Illness, Leigh S. Goodmark

Faculty Scholarship

No abstract provided.

The Basics Of Getting Started - Who, What, When, Where, And How?, Leigh S. Goodmark

Faculty Scholarship

Before you open the doors of your school-based legal clinic, you need to answer some fundamental questions about how your clinic will operate. This section poses those questions and suggests a range of answers based on the experiences of lawyers who have established and/or are currently working in school-based clinics. Consider it a guide to assist you in getting your own clinic started. For further clarification on specific topics, refer to subsequent sections of the book where they are addressed in more detail.

Same-Sex Marriages And Civil Unions: On Meaning, Free Exercise, And Constitutional Guarantees, Mark Strasser

Loyola University Chicago Law Journal

No abstract provided.

Why They Won't Take The Money: Black Grandparents And The Success Of Informal Kinship Care, Sonia M. Gipson Rankin

Faculty Scholarship

In this note, Ms. Gipson Rankin discusses kinship care as an alternative to placing children into foster care. For generations, particularly in the Black community, grandparents and other older relatives have played a crucial role in raising the children of younger relatives when they have become unable or unwilling to raise the children themselves. This system, known as kinship care, has ensured that thousands of American children are cared for and raised by members of their own families. The note explores the history and nature of the kinship care system, and analyzes federal and state policies that impact the system. …

A Voice For Low-Income Children: Evaluating Guardians Ad Litem In Divorce And Parental Rights And Responsibilities Cases, Alison A. Beyea, Frank D' Alessandro

Children, Youth, & Families

The Muskie Guardian ad Litem Project evaluated the use of Guardians ad Litem (GALS) in divorce and parental rights and responsibilities cases in Maine.

The research suggests that there are significant benefits of GAL appointment for children in contested court proceedings. GALS effectively represent the best interests of children in family proceedings. They assist the Court in issuing custodial decisions, assist in settlement of highly contested cases and otherwise expedite the legal process. In addition to their investigative function, GALS report working with parents and children in an effort to reduce conflict between family members and to connect families with …

The Sexual Regulation Dimension Of Contemporary Welfare Law: A Fifty State Overview, Anna Marie Smith

Michigan Journal of Gender & Law

In this article, Smith will attempt to demonstrate that welfare policy has become a prominent site of sexual regulation; that the rights of poor single mothers are at stake in this respect; and that given the precise structure of contemporary American welfare reform, we must pay especially close attention to the laws and regulations adopted at the state level. First, Smith will place contemporary sexual regulation-oriented welfare law in an historical context by considering its precedents in English and American public policy traditions (Part I). Using original qualitative analyses of the states' statutory codes and administrative regulations, Smith will then …

Private Pathologies And Public Policies: Race, Class, And The Failure Of Child Welfare (Book Review), Charlton C. Copeland

Articles

No abstract provided.

Are You My Parent? Are You My Child? The Role Of Genetics And Race In Defining Relationships After Reproductive Technological Mistakes, 5 Depaul J. Health Care L. 15 (2002), Raizel Liebler

UIC Law Open Access Faculty Scholarship

Imagine that you are a married woman who wants to have a genetically related child with your husband. Your doctor tells you that you are infertile, and therefore you and your husband go to XYZ fertility clinic to receive in vitro treatment. You have your eggs harvested, your husband supplies sperm, and ten embryos are created. Five embryos are implanted in your uterus and five are frozen and kept by the fertility clinic for your later use. You successfully conceive and give birth to twins. You notice that the children you give birth to are of a different race than …

The Baby Richard Amendments And The Law Of Unintended Consequences, 22 Child. Legal Rts. J. 2 (2002), Diane S. Kaplan

UIC Law Open Access Faculty Scholarship

No abstract provided.

Simplifying And Rationalizing The Federal Income Tax Law Applicable To Transfers In Divorce, Deborah A. Geier

Law Faculty Articles and Essays

This 2002 article explores the tax consequences of transfers in divorce and suggests how the tax consequences can be both simplified and rationalized. This article was written as an "Academic Adviser" to the Joint Committee on Taxation in connection with a study mandated by Congress on the overall state of the Federal tax system (June 2000 through April 2001) and was first published at JOINT COMMITTEE ON TAXATION, STUDY OF THE OVERALL STATE OF THE FEDERAL TAX SYSTEM AND RECOMMENDATIONS FOR SIMPLIFICATION JCS-3-01, VOLUME III (ACADEMIC PAPERS), April, 2001, at 19.

The Crisis Of Child Custody: A History Of The Birth Of Family Law In England, Danaya C. Wright

UF Law Faculty Publications

This article attempts to show that the inter-spousal custody cases of the nineteenth century created such a crisis in equity that they eventually demanded a new court structure and a new set of legal doctrines. The custody cases posed such a profound threat to the stability and authority of the Chancery courts that within fifty years an entirely new court system was required. That court system combined the tripartite jurisdictions of the law, equity, and ecclesiastical courts in matrimonial matters. While many scholars and historians have applauded that moment, I would suggest that the new court was merely a way …

Micah Has One Mommy And One Legal Stranger: Adjudicating Maternity For Nonbiological Lesbian Coparents, Melanie B. Jacobs

Buffalo Law Review

No abstract provided.

Defining Marriage: What Ballot Question 2 Doesn’T Do, Mary Lafrance

Scholarly Works

This article examines he oddly-worded initiative, which constituted Question 2 on Nevada’s 2002 ballot and explains how it was a bit of a puzzle, even two years after it was first sprung upon the electorate. Touted during its previous appearance in the 2000 election as a “definition of marriage,” this article shows how it is all too clear that the initiative was anything but that. Neither the initiative, nor any existing provision of Nevada law, made the slightest attempt to define marriage.

Denied Visitation, Its Impact On Children's Psychological Adjustment, And A Nationwide Review Of State Code, Adrienne Volenik

Law Faculty Publications

Denied visitation occurs when one parent prevents the other parent from court mandated visitation allowances with the child. This complex issue affects many families of divorce, but unfortunately is an understudied topic. Additionally, the literature that is available on denied visitation suffers from methodological challenges that are inherent to the complexity of the subject. Denied visitation is not a homogeneous event, but one that is conceptualized into two major categories: appropriate (i.e., concerning safety of the child) and inappropriate (i.e., involving interparent hostility). These two types of denied visitation are further divided into subcategories based on a review of the …

What Family For The 21st Century?, David D. Meyer, Harry D. Krause

Faculty Scholarship

No abstract provided.

Illinois Appellate Court Bars Child Support Ordered From Supplemental Security Income, Jeremy Nix

Public Interest Law Reporter

No abstract provided.

The Complicated Game Of Child Support In Illinois: Does Anyone Really Win?, Kristina E. Smith

Public Interest Law Reporter

No abstract provided.

Child Sexual Abuse And Assault In Chicago: The Rest Of The Dismal Iceberg, Michael J. Howlett Jr.

Public Interest Law Reporter

No abstract provided.

Islamic Court Sentences Nigerian Woman To Death By Stoning, Esther Choi

Public Interest Law Reporter

No abstract provided.

Illinois Supreme Court To Solve Child Custody Issues, Lanetta Haynes

Public Interest Law Reporter

No abstract provided.

To Pay Or Not To Pay, That Is The Question: Should Ssi Recipients Be Exempt From Child Support Obligations?, Angela F. Epps

Journal Publications

This article will explore whether it is legally permissible for state courts to order Supplemental Security Income (SSI) recipients to pay child support. As background, the history of the SSI program, showing its genesis in a perceived need for uniformity, will be reviewed along with its current requirements. A discussion of federal child support laws will provide additional background.

Although many feel that every parent should be required to pay child support or argue against further federal subsidies, this article proposes an alternate solution. First, SSI recipients should be exempt from payment of child support. Next, the federal government, through …

Multicultural Jurisdictions At The National And International Levels, Christina L. Brandt-Young

Michigan Journal of International Law

Review of Multicultural Jurisdictions: Cultural Differences and Women's Rights by Ayelet Shachar

'Can We Go Home Now?' Expediting Adoption And Termination Of Parental Rights Appeals In Ohio State Courts, Susan Wawrose

School of Law Faculty Publications

Two years ago, the Ohio Supreme Court amended its rules and those of Ohio's intermediate appellate courts in order to fast-track appeals of cases involving termination of parental rights ("TPR") and adoption of minor children. Three of Ohio's twelve appellate districts already had local rules to expedite or accelerate these types of appeals, but in some districts, the amended rules established procedures that were entirely new.

The major impetus behind the court's amendments to the rules was to move children out of foster care and into permanent adoptive homes more quickly. Further, by amending the rules of the intermediate appellate …

Rights And Responsibilities, Arthur S. Leonard

Other Publications

No abstract provided.

Marriage And Belonging, Ann Laquer Estin

Michigan Law Review

Marriage is a quintessentially private institution. Justice Douglas put the point this way in 1965, writing for the Supreme Court in Griswold v. Connecticut: "We deal with a right of privacy older than the Bill of Rights - older than our political parties, older than our school system. Marriage is a coming together for better or for worse, hopefully enduring, and intimate to the degree of being sacred. It is an association that promotes a way of life, not causes; a harmony in living, not political faiths; a bilateral loyalty, not commercial or social projects. Yet it is an association …

In The Interests Of Children: The Role Of The Massachusetts Department Of Social Services In Private Custody Proceedings , Carrie Leonetti

American University Journal of Gender, Social Policy & the Law

No abstract provided.

Law Schools And Family Court Reform, Andrew Schepard

Hofstra Law Faculty Scholarship

Family courts are underfunded and overwhelmed, and the quality of representation provided by counsel in family court cases is problematic. This article discusses what role law schools can play in promoting family court reform. It argues that law school involvement in family court is consistent with the law school’s core missions of education, research, and public service. The article illustrates how law schools can he involved in family court reform by discussing interdisciplinary projects of the Center for Children, Families and the Law of Hofstra University and North Shore-Long Island Jewish Health Systems. Finally, the article identifies some lessons to …