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Articles 5431 - 5460 of 7930

Full-Text Articles in Family Law

Note: English Child Custody Law, 1660-1839: The Origins Of Judicial Intervention In Parental Custody, Sarah Abramowicz Jan 1999

Note: English Child Custody Law, 1660-1839: The Origins Of Judicial Intervention In Parental Custody, Sarah Abramowicz

Law Faculty Research Publications

Many legal historians see pre-1839 English child custody law as consisting of near-absolute paternal rights. These historians believe that the weakening of fathers' rights began with the 1839 Custody of Infants Act, which created certain maternal custody rights. Other historians have noted that paternal custody was qualified even before 1839 by the Court of Chancerys application of the doctrine of parens patriae. This Note tells a different story and argues that the origin of incursions into the so-called "empire of the father" was the 1660 Tenures Abolition Act, a statute that ironically seemed designed to strengthen fathers' rights. The …

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Substance Abuse And An Urban Court's Family Division: A View From Baltimore City, Miriam B. Hutchins Jan 1999

Substance Abuse And An Urban Court's Family Division: A View From Baltimore City, Miriam B. Hutchins

Journal of Health Care Law and Policy

No abstract provided.

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The Science Of Addiction: Research And Public Health Perspectives, Richard A. Millstein, Alan I. Leshner Jan 1999

The Science Of Addiction: Research And Public Health Perspectives, Richard A. Millstein, Alan I. Leshner

Journal of Health Care Law and Policy

No abstract provided.

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Drug Treatment Courts: Evolution, Evaluation, And Future Directions, Gloria Danziger, Jeffrey A. Kuhn Jan 1999

Drug Treatment Courts: Evolution, Evaluation, And Future Directions, Gloria Danziger, Jeffrey A. Kuhn

Journal of Health Care Law and Policy

No abstract provided.

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Substance Abuse, Families, And The Courts, Margarete Parrish Jan 1999

Substance Abuse, Families, And The Courts, Margarete Parrish

Journal of Health Care Law and Policy

No abstract provided.

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The Freedom To Marry For Same-Sex Couples: The Opening Appellate Brief Of Plaintiffs Stan Baker Et Al. In Baker Et Al. V. State Of Vermont, Mary Bonauto, Susan M. Murray, Beth Robinson Jan 1999

The Freedom To Marry For Same-Sex Couples: The Opening Appellate Brief Of Plaintiffs Stan Baker Et Al. In Baker Et Al. V. State Of Vermont, Mary Bonauto, Susan M. Murray, Beth Robinson

Michigan Journal of Gender & Law

As the first state to prohibit slavery by constitution, and one of the few states which, from its inception, extended the vote to male citizens who did not own land, the State of Vermont has long been at the forefront of this nation's march toward full equality for all of its citizens. In July 1997, three same-sex couples challenged Vermont to act as a leader yet again, this time in affording full civil rights to the State's gay and lesbian citizens. Stan Baker and Peter Harrigan, Nina Beck and Stacy Jolles, and Holly Puterbaugh and Lois Farnham were denied marriage …

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The Politics Of Adoptions Across Borders: Whose Interests Are Served? ( A Look At The Emerging Market Of Infants From China), Michelle Van Leeuwen Jan 1999

The Politics Of Adoptions Across Borders: Whose Interests Are Served? ( A Look At The Emerging Market Of Infants From China), Michelle Van Leeuwen

Washington International Law Journal

China is currently the leading source of babies for intercountry adoption in the United States. This Comment explores the causes of this phenomenon, and the ability of the 1993 Hague Convention on Protection of Children and Cooperation in Respect of Intercountry Adoption to serve the interests of both the abandoned and orphaned children, and the adoptive parents under these specific circumstances.

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Domestic Violence, Substance Abuse, And Child Welfare: The Legal System's Response, Jane C. Murphy, Margaret J. Potthast Jan 1999

Domestic Violence, Substance Abuse, And Child Welfare: The Legal System's Response, Jane C. Murphy, Margaret J. Potthast

Journal of Health Care Law and Policy

No abstract provided.

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Evaluating Histories Of Substance Abuse In Cases Involving The Termination Of Parental Rights, Richard C. Boldt Jan 1999

Evaluating Histories Of Substance Abuse In Cases Involving The Termination Of Parental Rights, Richard C. Boldt

Journal of Health Care Law and Policy

No abstract provided.

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Misconceiving Mothers: Legislators, Prosecutors, And The Politics Of Drug Exposure, By Laura E. Gomez, Joseph R. Henry Jan 1999

Misconceiving Mothers: Legislators, Prosecutors, And The Politics Of Drug Exposure, By Laura E. Gomez, Joseph R. Henry

Journal of Health Care Law and Policy

No abstract provided.

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The Challenge Of Substance Abuse For Family Preservation Policy, Dorothy Roberts Jan 1999

The Challenge Of Substance Abuse For Family Preservation Policy, Dorothy Roberts

Journal of Health Care Law and Policy

No abstract provided.

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Introduction: Unified Family Courts: A Mandate From Heaven, Sheila M. Murphy Jan 1999

Introduction: Unified Family Courts: A Mandate From Heaven, Sheila M. Murphy

Journal of Health Care Law and Policy

No abstract provided.

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Substance Abuse, Families, And Unified Family Courts: The Creation Of A Caring Justice System, Barbara A. Babb, Judith D. Moran Jan 1999

Substance Abuse, Families, And Unified Family Courts: The Creation Of A Caring Justice System, Barbara A. Babb, Judith D. Moran

Journal of Health Care Law and Policy

No abstract provided.

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Providing Safe Haven: The Challenge To Family Courts In Cases Of Child Abuse And Neglect By Substance-Abusing Parents, Susan E. Foster, Margaret Long Macchetto Jan 1999

Providing Safe Haven: The Challenge To Family Courts In Cases Of Child Abuse And Neglect By Substance-Abusing Parents, Susan E. Foster, Margaret Long Macchetto

Journal of Health Care Law and Policy

No abstract provided.

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Family Law And Gay And Lesbian Family Issues In The Twentieth Century, Nancy Polikoff, David Chambers Jan 1999

Family Law And Gay And Lesbian Family Issues In The Twentieth Century, Nancy Polikoff, David Chambers

Scholarly Articles in Law Reviews & Journals

Over the past thirty years, lesbians and gay men have increasingly challenged conventional definitions of marriage and the family. In this brief article, the authors tell the story of gay people and family law in the United States across this period. They divide their discussion into two sections: issues regarding the recognition of the same-sex couple relationship and issues regarding gay men and lesbians as parents. These issues overlap, of course, but since family law discussions commonly treat adult-adult issues of all sorts separately from parent-child issues, the authors believe it convenient and helpful to do so as well.

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Domestic Violence, Substance Abuse And Child Welfare: The Legal System's Response, Jane C. Murphy, Margaret J. Potthast Jan 1999

Domestic Violence, Substance Abuse And Child Welfare: The Legal System's Response, Jane C. Murphy, Margaret J. Potthast

All Faculty Scholarship

This Article begins by exploring and documenting the connections between domestic violence, substance abuse, and child abuse. Part II of the Article examines the legal system's response to child protection cases in which maternal abuse and, in some cases, substance abuse are present. This section begins by describing the shifting theories underlying child welfare in this country. It then contrasts these theories with child welfare practice by reporting the results of a study of eighty-five Child in Need of Assistance (CINA) cases in four jurisdictions in Maryland. Although the study examines a limited sample, the cases examined confirm the strong …

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The Marriage Mirage: The Personal And Social Indentity Implications Of Same-Gendered Matrimony, Linda S. Eckols Jan 1999

The Marriage Mirage: The Personal And Social Indentity Implications Of Same-Gendered Matrimony, Linda S. Eckols

Michigan Journal of Gender & Law

This Article will examine why so much is at stake in the political, social, and legal debate over same-gender marriage. It will not address the constitutional questions of whether there is a fundamental right to marry, although persuasive arguments have been advanced from both sides of the debate." This Article will focus on a more introspective view of the potential effects of legalizing same-gender marriage on the identities of gay men and lesbians in committed relationships and on the interaction between same-gender couples and society. Marriage would provide the integration sought by gay men and lesbians, but at the expense …

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Child Support Policy: Guidelines And Goals, Marsha Garrison Jan 1999

Child Support Policy: Guidelines And Goals, Marsha Garrison

Faculty Scholarship

No abstract provided.

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Machiavelli And A Unified Theory Of Economic Parental Responsibility: A Proposed Statute, Dana E. Prescott Jan 1999

Machiavelli And A Unified Theory Of Economic Parental Responsibility: A Proposed Statute, Dana E. Prescott

St. Thomas Law Review

The evolution of a unified theory of economic parental responsibility derives from the coupling of modem dislocation of families and its material impact on children. Over the past three decades, the United States and much of Europe have struggled with the economic adjustments created by the dissolution of marriage as a matter of personal right rather than as an exception conferred by society. Divorce by itself, however, does not begin to define the boundaries of the adjustments, as serial relationships, remarriage and the non-marriage of parents create and compound economic uncertainty for children.

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A Child's Right To Physical Integrity, Suellyn Scarnecchia Jan 1999

A Child's Right To Physical Integrity, Suellyn Scarnecchia

Articles

As we wring our hands over increasing reports of severe child abuse and how violent many of our children have become, it might be time to reassess policies that give parents and others the license to use even the most mild forms of violence against our children.

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Family Law And Gay And Lesbian Family Issues In The Twentieth Century, David L. Chambers, Nancy D. Polikoff Jan 1999

Family Law And Gay And Lesbian Family Issues In The Twentieth Century, David L. Chambers, Nancy D. Polikoff

Articles

Over these thirty years, lesbians and gay men have increasingly challenged conventional definitions of marriage and the family. In this brief article, we tell the story of gay people and family law in the United States across this period. We divide our discussion into two sections: issues regarding the recognition of the same-sex couple relationship and issues regarding gay men and lesbians as parents. These issues overlap, of course, but since family law discussions commonly treat adult-adult issues of all sorts separately from parent-child issues, we believe it convenient and helpful to do so as well.

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What Place For Family Privacy?, Martha Albertson Fineman Jan 1999

What Place For Family Privacy?, Martha Albertson Fineman

Faculty Articles

This nuclear unit is thought to be in "crisis" because of the tendency of many marriages to dissemble and dissolve. Some people claim that society is also in a state of crisis as a result of marital instability. Many are concerned by the assembling of "deviant" and competing intimate entities claiming entitlement to the benefits and privileges previously extended to marriage." The family has become the symbolic terrain for the cultural war in which our society is increasingly mired. If one believes the family is not inherently limited to any essential or natural form, but is as contrived as any …

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Count The Brown Faces: Where Is The “Family” In The Family Law Of Child Protective Services, Ana M. Novoa Jan 1999

Count The Brown Faces: Where Is The “Family” In The Family Law Of Child Protective Services, Ana M. Novoa

Faculty Articles

Can a system developed from intrusion into the lives of the poor be reconstituted to provide services that will nurture the quality of the lives of all children? If not, then the system should be scrapped and start over. 
Child Protective Services (CPS) has never recovered from its roots in distrust and discrimination against the poor and its mistaken defense of a false moral high-ground, which is perceived from the narrow focus of child-saving rather than on the legitimate and long term needs of children. The foster care system’s lack of concern for natural parents reflects centuries of a dual …

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Código De La Niñez Y La Juventud., Cuba. Asamblea Nacional Del Poder Popular Jan 1999

Código De La Niñez Y La Juventud., Cuba. Asamblea Nacional Del Poder Popular

Mario Diaz Cruz Pamphlets

Colección Jurídica.

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Cloning And The Preservation Of Family Integrity, David Orentlicher Jan 1999

Cloning And The Preservation Of Family Integrity, David Orentlicher

Scholarly Works

No abstract provided.

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When Equal Opportunity Meets Freedom Of Expression: Student-On-Student Sexual Harassment And The First Amendment In School, Kay P. Kindred Jan 1999

When Equal Opportunity Meets Freedom Of Expression: Student-On-Student Sexual Harassment And The First Amendment In School, Kay P. Kindred

Scholarly Works

Sexual harassment can take a variety of forms. It can be verbal, nonverbal or physical. Often it takes the form of hateful and harassing speech. In the AAUW Survey, 76% of the girls and 56 % of the boys surveyed had been the target of sexual comments, jokes, gestures or looks. Even when the harassment includes physical contact of some nature, it is typically accompanied or preceded by verbal harassment. While school officials and parents look for solutions to these problems, courts are struggling with the questions as well. In recent years, the problem of student-on-student sexual harassment has found …

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Child Care In The Postwelfare Reform Era: Analysis And Strategies For Advocates, Rebecca L. Scharf, Jo Ann C. Gong, Alice Bussiere, Jennifer Light, Marc Cohan, Sherry Leiwant Jan 1999

Child Care In The Postwelfare Reform Era: Analysis And Strategies For Advocates, Rebecca L. Scharf, Jo Ann C. Gong, Alice Bussiere, Jennifer Light, Marc Cohan, Sherry Leiwant

Scholarly Works

Adequate child care is essential to enable poor women to support their families with work outside the home. In 1994 the U.S. General Accounting Office found that offering a child care subsidy to poor mothers increased the likelihood by 15 percent that the mothers would work. An Illinois study found that 20 percent of parents who left public assistance for work returned to assistance because of child care problems. In Minnesota a study found that lack of child care caused 14 percent of parents awaiting child care subsidies to leave their jobs and rely on public assistance. These studies confirm …

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Count The Brown Faces: Where Is The "Family" In The Family Law Of Child Protective Services, Ana M. Novoa Jan 1999

Count The Brown Faces: Where Is The "Family" In The Family Law Of Child Protective Services, Ana M. Novoa

The Scholar: St. Mary's Law Review on Race and Social Justice

Abstract forthcoming

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The Defense Of Traditional Marriage, George W. Dent Jan 1999

The Defense Of Traditional Marriage, George W. Dent

Faculty Publications

This article reviews the possible justifications for legal recognition of marriage and finds some, such as encouraging stable, loving relationships, unpersuasive. However, other rationales-including protecting children, socializing adults, and promoting individual happiness-are valid, and these rationales apply only to traditional marriages. Accordingly, society has strong reasons to favor traditional marriage and to deny such treatment to the unmarried and to homosexual, endogamous and bestial relationships.

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Annual Survey Of Virginia Law: Domestic Relations, Melissa J. Roberts Jan 1999

Annual Survey Of Virginia Law: Domestic Relations, Melissa J. Roberts

University of Richmond Law Review

Several significant developments in the area of domestic relations law took place in the past year. This article summarizes the key judicial decisions and legislative enactments pertaining to child support, child custody and visitation, marriage and divorce, spousal support, equitable distribution (including property classification and valuation) property settlement agreements, adoption, domestic violence, jurisdiction, and procedure that occurred from June 1, 1998 through May 15, 1999.

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