Family Law Commons^™

Alternative Caretaking And Family Autonomy: Some Thoughts In Response To Dorothy Roberts, Katharine K. Baker

All Faculty Scholarship

No abstract provided.

Dialectics And Domestic Abuse, Katharine K. Baker

All Faculty Scholarship

No abstract provided.

Reflecting Reality: Adding Elder Abuse And Neglect To Legal Education, Seymour H. Moskowitz

Law Faculty Publications

No abstract provided.

Ali Child Support Principles: A Lesson In Public Policy And Truth-Telling, Karen Czapanskiy

Faculty Scholarship

No abstract provided.

The Ali Principles' Approach To Domestic Partnership, Martha M. Ertman

Faculty Scholarship

No abstract provided.

Marriage As A Trade: Bridging The Private/Private Distinction, Martha M. Ertman

Faculty Scholarship

No abstract provided.

Keeping Kids Out Of The System: Creative Legal Practice As A Community Child Protection Strategy, Leigh S. Goodmark

Book Gallery

No abstract provided.

Changing The Meaning Of Motherhood, Martha M. Ertman

Faculty Scholarship

No abstract provided.

Ethical Judgment And Interdisciplinary Collaboration In Custody And Child Welfare Cases, Deborah J. Weimer

Faculty Scholarship

No abstract provided.

The G.I.F.T. Of Two Biological And Legal Mothers, Ryiah Lilith

American University Journal of Gender, Social Policy & the Law

No abstract provided.

Troxel V. Granville 120 S. Ct. 2054 (2000), Margaret Byrne

American University Journal of Gender, Social Policy & the Law

No abstract provided.

Hak Wanita Dalam Undang-Undang Keluarga Islam Di Brunei, Masnon Ibrahim

Student Works (2000-2009)

In Islamic Law the rights and position of women (specifically, the wives) have been determined in different areas including acts of devotion and the association between husband and wife in matrimonial affairs. This research attempts to discuss the provision and the implementation of Islamic Family Law in Brunei by focusing the research on the rights and position of women in the Act. The study specifically focuses on the provision and implementation of Islamic Family Law in relationship to Islamic Law. This study has performed with discussion on the effect of the contradictions in the implementation of the provision of laws …

Family Law: Whose Kids Are They, Anyway?: Analyzing Troxel V. Granville And The Current State Of Oklahoma's Grandparent Visitation Statute, Natania M. Soto

Oklahoma Law Review

No abstract provided.

Pentadbiran Pusaka Hartanah Orang-Orang Islam Di Kelantan, Wan Azimin Wan Adnan

Student Works (2000-2009)

The administration of Muslim inheritance in Kelantan has its own background whereby during the earlier stage, it was administered by the Syariah Court, which referred to the faraid law mixed with the local customs. However, the presence of British who introduced the administration of inl1eritance law has given authority to the Land Office and the Civil Court to handle the succession of estates including the Muslims' land heritage that has gone through a few changes up to today. This study is to identify the administration and procedures used for making the distribution of inheritance Muslims' land heritage in Kelantan.

Pembubaran Perkahwinan Secara Fasakh : Satu Kajian Kes Di Mahkamah Syariah Wilayah Persekutuan Kuala Lumpur, Nurhidayah Muhammad Hashim

Student Works (2000-2009)

There are various fom1s of dissolution of marriage under the Islamic Family Law. Some of them are ta'liq, khulu, ta'liq and fasakh. Among the four, the only mean a wife can obtain a divorce without the consent of the husband is through the court termination which is called fasakh. At the end of 19th century, reforms in the Islamic Family Law began in Turkey and followed by other countries including Malaysia. Through these reforms, provision and grounds for fasakh had been expanded and developed further. Among the new codes established in our country after the reforms are Selangor Islamic Family …

Foreword, Edward D. Spurgeon, Charles P. Sabatino, Nancy M. Coleman, Stephen R. Mcconnell, Rebecca C. Morgan

Georgia Law Review

The Joint Conference on Legal/Ethical Issues in the Progression of Dementia grew out of the pressing need to address the very real legal and ethical dilemmas that arise in situations like the one of Marie McDonough Larson and her family. Five groups joined forces to sponsor the Conference: the Borchard Foundation Center on Law and Aging; the Alzheimer's Association; the American Bar Association's Commission on Legal Problems of the Elderly; the National Academy of Elder Law Attorneys; and the University of Georgia School of Law. Held at the Center for Continuing Education at the University of Georgia, the Conference spanned …

Mandatory Divorce Education: What Do The Parents Say?, Nancy Ver Steegh, Solveig Erickson

Faculty Scholarship

Between 1994 and 1998, the number of states offering parent education classes for divorcing couples quadrupled. The State of Minnesota participated in this trend with the passage of Minnesota Statutes Section 518.157 requiring that each judicial district implement a parent education program. Parent education at the time of divorce seems to constitute sound public policy. However, no final conclusions can be drawn without asking the question, "What do the parents think about mandatory divorce education?" Part II of this article will examine the societal and legal context of divorce education for parents and the response of the court system. Part …

Family Development Deductions - An Alternative To Repealing The Estate Tax, Richard J. Kovach

University of Richmond Law Review

Opposing political and social interests have long conducted a vigorous debate on whether gratuitous transfers of wealth should invoke federal excise taxes. Attempts to eliminate wealth transfer taxes reached a peak in the summer of 2000, when the Senate passed repeal legislation overwhelmingly approved by the House of Representatives. Those supporting repeal point out that wealth transfer taxation discourages work and savings while encouraging consumption. They further assert that transfer taxation revenue does not constitute a very significant portion of total federal revenue. The supporters of repeal also emphasize how the complexity of these taxes has created a parasitic service …

University Of Richmond Law Review

University of Richmond Law Review

No abstract provided.

Annual Survey Of Virginia Law: Family Law, Elizabeth P. Coughter, Ronald R. Tweel

University of Richmond Law Review

The most significant case decisions regarding family law issues in Virginia this year are those cases involving the preemptive effect of federal law on equitable distribution issues. These cases held that federal law preempts state law when beneficiary provisions of certain insurance policies and retirement plans are being determined. Other important decisions struck down the self-executing provisions of property settlement agreements regarding the payment of child support. Additionally, a decision by the Court of Appeals of Virginia would have abrogated all property settlement agreements endorsed prior to 1998 were it not for a subsequent statutory modification.

Nichol V. Stass: Ending Predictability For Foster Parents In The Law Of Sovereign And Parental Immunity, Sarie E. Winner

Loyola University Chicago Law Journal

No abstract provided.

"Please Let Me Be Heard:" The Right Of A Florida Foster Child To Due Process Prior To Being Committed To A Long-Term, Locked Psychiatric Institution, Bernard P. Perlmutter, Caroline S. Salisbury

Articles

No abstract provided.

Adjourning Justice: New York State's Failure To Support Assigned Counsel Violates The Rights Of Families In Child Abuse And Neglect Proceedings, Sheri Bonstelle, Christine Schessler

Fordham Urban Law Journal

This Comment evaluates New York City’s framework for assigning counsel to Family Court litigants, known as the 18-B system. Recognizing the lack of government support for 18-B attorneys, the author examines existing proposals to alter the Family Court system, and suggests a plan of action for a legislative task force. The Comment outlines the evolution of the assigned counsel system in New York and the history of child welfare policy, and discusses the roles of the Family Court attorneys, judges, and the legislature in maintaining adequate representation for parents. Next, the author examines the aspects of the Family Court and …

Student Scholarship, In One Place, But Not Another: When The Law Encourages Breastfeeding In Public While Simultaneously Discouraging It At Work, Emily F. Suski

Faculty Publications By Year

In this Essay, the author takes a novel approach to the topic of breastfeeding and work by exploring the trend among states to exempt breastfeeding from criminal indecent exposure laws and comparing this trend to the support, or lack thereof, in laws and policy for breastfeeding at work. The author's comparison reveals that while there is a trend to support breastfeeding in public, there is no such trend in the law to support breastfeeding in the relatively more private work environment.

The author argues that this disparity is both counterintuitive and serves to limit women's choices regarding breastfeeding and work. …

Is The Use Of Mediation Appropriate In Adult Guardianship Cases?, Mary F. Radford

Faculty Publications By Year

No abstract provided.

For The Best Of Friends And For Lovers Of All Sorts, A Status Other Than Marriage (Symposium: Unmarried Partners And The Legacy Of Marvin V. Marvin)" , David L. Chambers

Articles

American governments have recently begun to experiment with new familial statuses for gay male and lesbian couples, who have demanded the right to marry but have been appeased with more modest forms of recognition.4 What I propose here is quite different. It is a status for people who have close bonds but do not want to be married to each other. I call this status "designated friends." Once registered, "designated friends" would obtain a limited number of privileges and undertake a limited number of responsibilities relating to the care for the other when ill or incapacitated or upon death, but …

Natural Law, Marriage, And The Thought Of Karol Wojtyla, John J. Coughlin

Fordham Urban Law Journal

This Article examines the loss of the natural law perspective from legal theory and the movement towards liberal theory. The Article continues by analyzing two features of the natural law tradition as described in the philosophical writings of Karol Wojtyla. The first feature concerns marriage and family as the fundamental human community. The second considers marriage as a virtuous relationship. The Article concludes with practical suggestions for the legal profession and legal education with regard to counseling clients about marriage.

Is Twenty-Two Months Beyond The Best Interest Of The Child? Asfa's Guidelines For The Termination Of Parental Rights, Katherine A. Hort

Fordham Urban Law Journal

This Note first discusses the legal precedents, child development theories, and policies regarding "reasonable efforts" and parental termination that led to the enactment of ASFA. Next, it examines Illinois's and New York's different responses to ASFA. It also introduces the debate over "congregate care" as an alternative for those children who may never be returned to a parent's care, but whom are unlikely to be adopted. Lastly, it argues that the New York system is more workable than the Illinois system given the complexities of the foster care system. This Note concludes by arguing the federal government's rigid time frame …

Why Marriage?, Martha Albertson Fineman

Faculty Articles

Reflection on the prospect of varied, individualized possibilities for the meaning of marriage suggests, that in order to answer the question "why marriage?" we must first consider "what marriage?" or more succinctly, "what is marriage?" Questioning what marriage actually is calls attention to the institution's individualized and malleable nature. By contrast, a focus on "why marriage" highlights the societal function and rationale for the institution. I will discuss each question-the "what" as well as the "why" of marriage.

Troxel V. Granville: Implications For At Risk Children And The Amicus Curiae Role Of University-Based Interdisciplinary Centers For Children, Barbara Bennett Woodhouse, Sacha M. Coupet

Faculty Publications & Other Works

No abstract provided.