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Articles 5341 - 5370 of 7930

Full-Text Articles in Family Law

Cracking The Foundational Myths: Independence, Autonomy, And Self-Sufficiency, Martha Albertson Fineman Jan 2000

Cracking The Foundational Myths: Independence, Autonomy, And Self-Sufficiency, Martha Albertson Fineman

Faculty Articles

In this Article, I will bring into view the family, or more explicitly, the dependency hidden within the assumed family. Policy development and social theory considerations should center on assessing the appropriateness of the aspirations and expectations we have for the family. This assessment is crucial to one of the most compelling problems facing society at the end of the Twentieth Century-the increasing inequitable and unequal distribution of societal resources and the corresponding poverty of women and children.

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The Role Of Strategic Management Planning In Improving The Representation Of Clients: A Child Advocacy Example, Jane M. Spinak Jan 2000

The Role Of Strategic Management Planning In Improving The Representation Of Clients: A Child Advocacy Example, Jane M. Spinak

Faculty Scholarship

This article will discuss my experience managing a legal organization representing children – the Juvenile Rights Division (JRD) that Schinitsky began thirty-eight years ago – by exploring the interactive role that organizational management plays in enhancing the quality of child client representation. Part I briefly examines two issues: the historic and systemic context of court-based practice within JRD and the way in which changes in child welfare law and policies since 1979 have affected the ability of lawyers to represent child clients through this court-based practice. Part II presents a model for restructuring organizational conventions and patterns in order to …

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The Kidnapping Of Edgardo Mortara: Contemporary Lessons In The Child Welfare Wars, Bruce A. Boyer, Steven Lubet Jan 2000

The Kidnapping Of Edgardo Mortara: Contemporary Lessons In The Child Welfare Wars, Bruce A. Boyer, Steven Lubet

Faculty Publications & Other Works

No abstract provided.

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Termination Of Older Youth From Foster Care: A Protocol For Illinois, Laurene Heybach, Stacey E. Platt Jan 2000

Termination Of Older Youth From Foster Care: A Protocol For Illinois, Laurene Heybach, Stacey E. Platt

Faculty Publications & Other Works

No abstract provided.

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Lies Between Mommy And Daddy: The Case For Recognizing Spousal Emotional Distress Claims Based On Domestic Deceit That Interferes With Parent–Child Relationships, Linda L. Berger Jan 2000

Lies Between Mommy And Daddy: The Case For Recognizing Spousal Emotional Distress Claims Based On Domestic Deceit That Interferes With Parent–Child Relationships, Linda L. Berger

Scholarly Works

This Article discusses whether courts should recognize spousal IIED causes of action based on intentional lies that interfere with the establishment or the continuation of parent-child relationships. The Article begins with an overview of the currents in family law and tort law that converge in domestic tort actions. Next, it reviews the current status of a particular domestic tort: spousal emotional distress. It then examines the evolution of emotional distress claims based on interference with parent-child relationships, moving from California's early and continuing rejection of these claims to the very recent recognition of these claims by other states. Finally, it …

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Evidence Issues In Domestic Violence Civil Cases, Jane H. Aiken, Jane C. Murphy Jan 2000

Evidence Issues In Domestic Violence Civil Cases, Jane H. Aiken, Jane C. Murphy

Georgetown Law Faculty Publications and Other Works

This article is intended to assist practitioners in anticipating and responding to some of the evidentiary challenges in civil cases in which relief is sought for the victims of domestic violence. First, expert testimony is often necessary to dispel common myths about battered women and to educate judges and juries about the dynamics of domestic violence. Recent case law, however, has limited the admissibility of "non-scientific" expert testimony and may make it difficult for practitioners to use experts in their cases. In addition, particular evidentiary issues arise when victims are pursuing both criminal and civil remedies against the batterer. This …

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Save The Marriage Before (Not After) The Ceremony: The Marriage Preparation Act - Can We Have A Public Response To A Private Problem, Lundy Langston Jan 2000

Save The Marriage Before (Not After) The Ceremony: The Marriage Preparation Act - Can We Have A Public Response To A Private Problem, Lundy Langston

Journal Publications

Two individuals meet, engage in an intimate, not necessarily sexual, relationship and marry. The two join in a union with the promise to spend the remainder of their natural lives together. But forever is not forever. On a national level, over 50 percent of marriages end in divorce.' Perhaps marriage vows should include a statement about the inevitability of divorce. States' divorce laws vary, from faultbased, to no-fault, to a statutory period of separation. Some states recently made it easier for individuals to be granted a divorce. Reasons for making it easier to end marriages could have been related to …

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Abortions Of The Parental Prerogatives Of Unwed Natural Fathers: Deterring Lost Paternity, Jeffrey A. Parness Jan 2000

Abortions Of The Parental Prerogatives Of Unwed Natural Fathers: Deterring Lost Paternity, Jeffrey A. Parness

Oklahoma Law Review

No abstract provided.

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Second-Parent Adoption By Same-Sex Couples In Ohio: Unsettled And Unsettling Law, Susan J. Becker Jan 2000

Second-Parent Adoption By Same-Sex Couples In Ohio: Unsettled And Unsettling Law, Susan J. Becker

Cleveland State Law Review

In addition to the need for homes for children without any legally recognized parent, the need for a child who already has one legal parent to be adopted by the parent's gay or lesbian partner who is already serving as a de facto parent is very important to the child's emotional stability and material well being. This type of adoption, frequently referred to as a "second-parent" adoption,' is the focal point of this article. However, the matters discussed herein also apply directly and by analogy to situations where gay and lesbian couples and heterosexual unmarried couples desire to jointly adopt …

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The Honeymoon Is Definitely Over: The Use Of Civil Rico In Divorce Jan 2000

The Honeymoon Is Definitely Over: The Use Of Civil Rico In Divorce

San Diego Law Review

Within the field of family law, civil RICO is making an appearance in the aftermath of divorce cases. This statute appeals to both litigants and lawyers because of its generous civil provisions.8 Money is the motivating factor behind the use of civil RICO. Therefore, a vengeful ex-spouse, and his9 lawyer, have much to gain from pursuing RICO allegations.

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Afterword And Response: What Digging Does And Does Not Do, Patricia D. White Jan 2000

Afterword And Response: What Digging Does And Does Not Do, Patricia D. White

Articles

No abstract provided.

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A Little Privacy, Please: Should We Punish Parents For Teenage Sex?, Susan S. Kuo Jan 2000

A Little Privacy, Please: Should We Punish Parents For Teenage Sex?, Susan S. Kuo

Kentucky Law Journal

No abstract provided.

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The Alienation Of Fathers, Linda Kelly Jan 2000

The Alienation Of Fathers, Linda Kelly

Michigan Journal of Race and Law

By evaluating immigration and custody law from a father's perspective and thereby uncovering and addressing the biases held against men, both fathers and mothers will achieve greater recognition. Beyond revealing gender discrimination, such a study also demonstrates the disparate views still harbored toward unmarried parents. Examining custody and immigration law with an emphasis on these issues will hopefully foster a dialogue that brings the law in line with the reality of today's families and promotes each family member's individual potential.

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Cracking The Foundational Myths: Independence, Autonomy, And Self-Sufficiency, Martha Albertson Fineman Jan 2000

Cracking The Foundational Myths: Independence, Autonomy, And Self-Sufficiency, Martha Albertson Fineman

American University Journal of Gender, Social Policy & the Law

No abstract provided.

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Promoting Family By Promoting Work: The Hole In Martha Fineman's Doughnut , Peter B. Edelman Jan 2000

Promoting Family By Promoting Work: The Hole In Martha Fineman's Doughnut , Peter B. Edelman

American University Journal of Gender, Social Policy & the Law

No abstract provided.

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Subsidized Lives And The Ideology Of Efficiency , Martha T. Mccluskey Jan 2000

Subsidized Lives And The Ideology Of Efficiency , Martha T. Mccluskey

American University Journal of Gender, Social Policy & the Law

No abstract provided.

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Tax Treatment Of Defaulted Child Support: The Better Approach, Richard C.E. Beck Jan 2000

Tax Treatment Of Defaulted Child Support: The Better Approach, Richard C.E. Beck

Other Publications

No abstract provided.

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Civilizing The Natives: Marriage In Post-Apartheid South Africa, David L. Chambers Jan 2000

Civilizing The Natives: Marriage In Post-Apartheid South Africa, David L. Chambers

Articles

South Africa is a land of many cultures. For several hundred years, British and Afrikaaner whites controlled the country, systematically manipulating black people to the whites' advantage. For the most part, however, whites tolerated the continuation within black communities of traditional marriage practices that white Christians considered uncivilized. In 1994, South Africa changed governments. A black majority Parliament came to power, adopting a consitution dedicated to equality and human dignity. Four years later, Parliament adopted a new marriage law that, though permitting some of the external trappings of the traditional marriage system to continue, eliminated by law much of the …

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On Children And Dual Nationality: Sabet And The Islamic Republic Of Iran, Nancy Amoury Combs Jan 2000

On Children And Dual Nationality: Sabet And The Islamic Republic Of Iran, Nancy Amoury Combs

Faculty Publications

The Iran-United States Claims Tribunal's recent decision in Sabet and The Islamic Republic of Iran sheds new light on difficult issues concerning the dual nationality of minors. In particular, the case was the first in which the Tribunal determined minor dual national claimants to have a dominant and effective nationality different from that of either of their parents. Further, the Tribunal broke new ground in its analysis of 'the caveat,' an equitable doctrine that can bar the claims of dual nationals. This article applauds the Tribunal's advances in its caveat jurisprudence and develops a new approach that would further those …

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Spiritual Treatment Exemptions To Child Medical Neglect Laws: What We Outsiders Should Think, James G. Dwyer Jan 2000

Spiritual Treatment Exemptions To Child Medical Neglect Laws: What We Outsiders Should Think, James G. Dwyer

Faculty Publications

No abstract provided.

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Choosing The Lesser Evil: Comments On Besharov's "Child Abuse Realities", Margaret F. Brinig Jan 2000

Choosing The Lesser Evil: Comments On Besharov's "Child Abuse Realities", Margaret F. Brinig

Journal Articles

Determining the degree of state intervention into intra-family decision making requires an unhappy choice between allowing abuse to continue or interfering with some families that would be better left alone. Mr. Besharov introduces the possible harms associated with the increased involvement of the state but fails to fully comprehend the circumstances that necessitate such involvement. Evils bracket the phenomenon discussed in Mr. Besharov's paper and this one. The difference in our approach lies in the choice we think is the lesser evil of the two, not that we think that either the harms associated with state involvement or the risk …

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Planning For The Future: Using Child Support Trusts To Prepare Both Father And Child For Life After Professional Sports, Thomas C. Quinlen Jan 2000

Planning For The Future: Using Child Support Trusts To Prepare Both Father And Child For Life After Professional Sports, Thomas C. Quinlen

Vanderbilt Journal of Entertainment & Technology Law

The issue of professional athletes siring children out of wedlock was first thrust into the national conscience in an article in Sports Illustrated in May 1998. The SI piece was followed by several newspaper articles in various cities around the country, but like most hot news topics, it was quickly forgotten as the nation moved on to more pressing issues. This Note aims to revisit this issue with an eye towards practical and legal resolution of this pervasive problem, suggesting ways that lawyers and agents can establish child support trusts to represent their clients' interests and provide the best result …

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Not In Front Of The Children: Prohibition On Child Custody As Civil Branding For Criminal Activity, Deborah Ahrens Jan 2000

Not In Front Of The Children: Prohibition On Child Custody As Civil Branding For Criminal Activity, Deborah Ahrens

Faculty Articles

This piece identifies and explores a trend in statutes and caselaw towards treating criminal behavior as a per se or presumptive bar to child custody, reading this development through the lens of the modern criminal sanctions literature.

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Looking At Marriage, Naomi Cahn Jan 2000

Looking At Marriage, Naomi Cahn

Michigan Law Review

In a recent book (not the subject of this Review), highly successful and popular authors John Gottman and Nan Silver set out their seven effective principles for making a marriage last. The final suggestion is that spouses should "create shared meaning, an inner life together that is rich with symbols and family rituals and that honors the hopes of both partners." In a happy marriage, the couples not only provide support for each other, but also "build a sense of purpose into their lives together." Professor Gottman has developed these principles as a result of twenty years of research and …

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Foreward, Adrienne D. Davis, Joan C. Williams Jan 2000

Foreward, Adrienne D. Davis, Joan C. Williams

American University Journal of Gender, Social Policy & the Law

No abstract provided.

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Cracking The Foundational Myths: Independence, Autonomy, And Self-Sufficiency, Martha Albertson Fineman Jan 2000

Cracking The Foundational Myths: Independence, Autonomy, And Self-Sufficiency, Martha Albertson Fineman

American University Journal of Gender, Social Policy & the Law

No abstract provided.

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Cracking Foundations As Feminist Method , Katharine T. Bartlett Jan 2000

Cracking Foundations As Feminist Method , Katharine T. Bartlett

American University Journal of Gender, Social Policy & the Law

No abstract provided.

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Social Programs And Manageable Units , Saul Levmore Jan 2000

Social Programs And Manageable Units , Saul Levmore

American University Journal of Gender, Social Policy & the Law

No abstract provided.

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Subsidized Lives And The Ideology Of Efficiency , Martha T. Mccluskey Jan 2000

Subsidized Lives And The Ideology Of Efficiency , Martha T. Mccluskey

American University Journal of Gender, Social Policy & the Law

No abstract provided.

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Promoting Family By Promoting Work: The Hole In Martha Fineman's Doughnut , Peter B. Edelman Jan 2000

Promoting Family By Promoting Work: The Hole In Martha Fineman's Doughnut , Peter B. Edelman

American University Journal of Gender, Social Policy & the Law

No abstract provided.

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