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Articles 5461 - 5490 of 7930

Full-Text Articles in Family Law

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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"Reparative" Therapy: Whether Parental Attempts To Change A Child's Sexual Orientation Can Legally Constitute Child Abuse , Karolyn Ann Hicks Jan 1999

"Reparative" Therapy: Whether Parental Attempts To Change A Child's Sexual Orientation Can Legally Constitute Child Abuse , Karolyn Ann Hicks

American University Law Review

No abstract provided.

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Rights Discourse And Neonatal Euthanasia, Carl Schneider Jan 1999

Rights Discourse And Neonatal Euthanasia, Carl Schneider

Book Chapters

At the heart of our difficulty in approaching neonatal euthanasia lie the intractable questions it raises: What is human life? When is death preferable to life? What do parents owe their children? What does society owe the suffering? Those moral questions could hardly be more perplexing, yet they are further complicated when they must be resolved not informally and case by case, but through generally applicable social rules. This is so for numerous reasons. For instance, the wide range of deeply held opinions about neonatal euthanasia makes rules hard to formulate, and the wide range of factual situations in which …

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Effective Intervention In Domestic Violence Cases: Rethinking The Roles Of Prosecutors, Judges, And The Court System, Deborah Epstein Jan 1999

Effective Intervention In Domestic Violence Cases: Rethinking The Roles Of Prosecutors, Judges, And The Court System, Deborah Epstein

Georgetown Law Faculty Publications and Other Works

Despite over two decades of reform, fundamental failures persist in the justice system's response to domestic violence. Society now widely accepts elimination of intrafamily abuse as a crucial goal, and it has been illegal in most states since the late nineteenth century. But the problem remains one of epidemic proportions. As documented in Part I of this Article, battering by husbands, ex-husbands, or lovers is the single largest cause of injury to women in the United States, and accounts for approximately thirty percent of all murders of women. Physical aggression occurs in at least one out of four marriages, and …

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A Lesbian-Centered Critique Of Second-Parent Adoptions, Julie Shapiro Jan 1999

A Lesbian-Centered Critique Of Second-Parent Adoptions, Julie Shapiro

Faculty Articles

When lesbian couples start families, one woman often begins with all the legal entitlements of parenthood, either by giving birth or by virtue of adopting a child, while the other woman has no legal rights. She is a non-legal parent. Absent legal rights she suffers many critical disadvantages. Second-parent adoptions have been developed to allow lesbians to create families with two-legal parents. They have been widely hailed as a solution to the problem of the non-legal parent. This article argues, however, that for many women they may actually make matters worse. Because some women can use second-parent adoptions, women who …

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Reviving The Public/Private Distinction In Feminist Theorizing Symposium On Unfinished Feminist Business, Tracy E. Higgins Jan 1999

Reviving The Public/Private Distinction In Feminist Theorizing Symposium On Unfinished Feminist Business, Tracy E. Higgins

Faculty Scholarship

The public/private distinction has been a target of thoroughgoing feminist critique for quite some time now. Indeed, attacking the public/private line has been one of the primary concerns (if not the primary concern) of feminist legal theorizing for over two decades. If Carole Pateman is correct, one would think that this particular problem might be assigned to the category of "finished business" by this time. In this Essay, I do argue that the critique is, in certain ways, finished business in that it is no longer particularly useful in its most common forms. More importantly, however, I suggest several ways …

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The Islamic Family Endowment (Waqf), David S. Powers Jan 1999

The Islamic Family Endowment (Waqf), David S. Powers

Vanderbilt Journal of Transnational Law

As part of the larger Islamic inheritance system, endowment law accorded Muslim proprietors a legal means to circumvent the effects of the Islamic inheritance rules by allocating usufruct rights to specified people in specified amounts and to regulate the transmission of those rights from one generation of beneficiaries to the next. Over time, the institution appears to have contributed to the physical integrity of both urban and rural property. Whether or not it also contributed to the economic viability of the local economy is a subject that deserves further investigation." At the same time, the transformation of significant segments of …

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How Children In Cults May Use Emancipation Laws To Free Themselves, Robin A. Boyle Jan 1999

How Children In Cults May Use Emancipation Laws To Free Themselves, Robin A. Boyle

Faculty Publications

The author examines how children who are born into cults or brought into them at a young age can use state emancipation laws to gain independence when they are in their mid-teens, so long as they can demonstrate criteria that their states have established. Commonly, states require a showing that the minor has achieved some level of economic self-sufficiency and can live emotionally and physically independently from his or her parents. There are some difficulties for cultic children in demonstrating these criteria, but the obstacles are not insurmountable.

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Child Care And Federal Tax Policy (Symposium: Women, Equity And Federal Tax Policy: Open Questions), Ann F. Thomas Jan 1999

Child Care And Federal Tax Policy (Symposium: Women, Equity And Federal Tax Policy: Open Questions), Ann F. Thomas

Articles & Chapters

No abstract provided.

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Modern Coverture: Old Wine In Old Bottles, William P. Lapiana Jan 1999

Modern Coverture: Old Wine In Old Bottles, William P. Lapiana

Articles & Chapters

No abstract provided.

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Protection, Privatization And Profit In The Foster Care System, Susan Vivian Mangold Jan 1999

Protection, Privatization And Profit In The Foster Care System, Susan Vivian Mangold

Journal Articles

No abstract provided.

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University Of Richmond Law Review Jan 1999

University Of Richmond Law Review

University of Richmond Law Review

No abstract provided.

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Parental Rights And The Ugly Duckling, Margaret F. Brinig, F. H. Buckley Jan 1999

Parental Rights And The Ugly Duckling, Margaret F. Brinig, F. H. Buckley

Journal Articles

Hans Christian Andersen's "The Ugly Duckling" is best remembered for its moral, "To be born in a duck's nest, in a farmyard, is of no consequence to a bird, if it is hatched from a swan's egg." Having read and thought about this story many times, we should like to suggest another, less heart-warming, interpretation. The story of the Ugly Duckling, that most resilient of cygnets, masks the tragedy of children who suffer abuse. Its message, that personal spirit will triumph when a child grows up, misrepresents the experience of many victimized children. If we wait for the child to …

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Feminist Theory And Feminist Method: Transforming The Experience Of The Classroom, Ann Shalleck Jan 1999

Feminist Theory And Feminist Method: Transforming The Experience Of The Classroom, Ann Shalleck

American University Journal of Gender, Social Policy & the Law

No abstract provided.

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Then Technological Family: What's New And What's Not, Marsha Garrison Jan 1999

Then Technological Family: What's New And What's Not, Marsha Garrison

Faculty Scholarship

No abstract provided.

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Adoption In The Progressive Era: Preserving, Creating, And Re-Creating Families, Joanna L. Grossman, Chris Guthrie Jan 1999

Adoption In The Progressive Era: Preserving, Creating, And Re-Creating Families, Joanna L. Grossman, Chris Guthrie

Faculty Journal Articles and Book Chapters

No abstract provided.

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Redefining The State's Response To Domestic Violence: Past Victories And Future Challenges, Deborah Epstein Jan 1999

Redefining The State's Response To Domestic Violence: Past Victories And Future Challenges, Deborah Epstein

Georgetown Law Faculty Publications and Other Works

What role should the state play in the fight against domestic violence? Although most activists in the early domestic abuse movement viewed government institutions with a robust dose of suspicion, over time they began to look to the state for substantial assistance. During this period-the late sixties and seventies-increased hope for a positive governmental role appeared to be well-founded. The civil rights, feminist, and labor movements had pushed the federal government into expanding civil liberty guarantees and economic protections. Laws were enacted prohibiting sex- and race-based discrimination, health care got a strong boost through the creation of Medicaid and Medicare, …

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Herd Behavior In Designer Genes, Peter H. Huang Jan 1999

Herd Behavior In Designer Genes, Peter H. Huang

Publications

The ability of individuals to choose their children's genes has increased over time and may ultimately culminate in a world involving free market reprogenetic technologies. Reprogenetic technologies combine advances in reproductive biology and genetics to provide humans increased control over their children's genes. This Article offers economic perspectives that are helpful in understanding the possibly unexpected ethical, legal, and social issues at stake in using reprogenetic technologies for trait enhancement selection. The Appendix analyzes two competitive games that might arise in such a biotechnological society. Specifically, the Article focuses on herd behavior, caused by either a popularity contest or positional …

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De Facto Parents And The Unfulfilled Promise Of The New Ali Principles, Julie Shapiro Jan 1999

De Facto Parents And The Unfulfilled Promise Of The New Ali Principles, Julie Shapiro

Faculty Articles

Alternative families - those that do not fit the classic nuclear family model - have been the focus of legal reform over the last twenty years. The American Law Institute has produced model legislation recognizing de facto parents as holders of some limited rights. To some this is a more flexible regime that would benefit non-nuclear families, in particular lesbian families. This article critiques the ALI draft, demonstrating that its promise is largely illusory.

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Getting Ahead With Washington's Workfirst Program: Are Battered Women Left Behind?, Wendy Davis Jan 1999

Getting Ahead With Washington's Workfirst Program: Are Battered Women Left Behind?, Wendy Davis

Seattle University Law Review

This Comment will suggest that although the structure of Washington's WorkFirst Act could help victims become self-sufficient, the current implementation of the Act does not adequately address the particular needs of victims. As a result, a victim's chances of achieving financial independence from either the state or her abuser are minimal. Part II of this Comment will give a brief summary of the federal guidelines under which Washington's WorkFirst Act was developed. Part III will outline the requirements of the WorkFirst Act, and in particular, the Act's provisions that address or affect domestic violence victims. Included in this section will …

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Integrating Gender Into Legal Education: Obstacles And Challenges, Leonor Vain Jan 1999

Integrating Gender Into Legal Education: Obstacles And Challenges, Leonor Vain

American University Journal of Gender, Social Policy & the Law

No abstract provided.

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Egging On Lesbian Maternity: The Legal Implications Of Tri-Gametic In Vitro Fertilization , Kyle C. Velte Jan 1999

Egging On Lesbian Maternity: The Legal Implications Of Tri-Gametic In Vitro Fertilization , Kyle C. Velte

American University Journal of Gender, Social Policy & the Law

No abstract provided.

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A Mother Removed — A Child Left Behind: A Battered Immigrant's Need For A Modified Best Interest Standard, Julie Linares-Fierro Jan 1999

A Mother Removed — A Child Left Behind: A Battered Immigrant's Need For A Modified Best Interest Standard, Julie Linares-Fierro

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

Abstract forthcoming

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West Virginia's Adoption Statute: A History Of A Work In Progress, Lisa Kelly Jan 1999

West Virginia's Adoption Statute: A History Of A Work In Progress, Lisa Kelly

Articles

More than two years have passed since the Legislature reformed West Virginia's adoption statute. The goal of this article is to provide a kind of legislative history to deepen the reader's understanding of the current statute. This history will include an explanation of the West Virginia Law Institute's Proposal, as well as the Legislature's reaction to it. In Part II, I will detail this history. In Part III, I will explain the operation of the current statute, with mention of the few recent adoption decisions that have construed various provisions. In Part IV, I will look at some of the …

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Rules, Responsibility And Commitment To Children: The New Language Of Morality In Family Law, Jane C. Murphy Jan 1999

Rules, Responsibility And Commitment To Children: The New Language Of Morality In Family Law, Jane C. Murphy

All Faculty Scholarship

Part One of this Article explores the meaning of morality by briefly reviewing a variety of attempts to explore the meaning of moral conduct. This Section draws on a variety of contemporary moral philosophers who have built on the classical tradition to develop a broader definition of moral behavior. This discussion provides a context for the current debate about the meaning of morality in family law and moral discourse in the no-fault era. Part One also reviews the historical debate about how law should strike a balance between promoting communitarian values and respecting autonomy and individual rights. The Article argues …

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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

All Faculty Scholarship

This article proposes an approach to family law decision-making tailored to assist families plagued by substance abuse. Substance abuse is linked to social, health, and economic problems facing Americans today and is a factor for a substantial number of family law litigants. By failing to address substance abuse issues, the family repeatedly may need to seek court intervention. The unified family court model is the concept of a single court that coordinates the work of independent agencies and tribunals, each with some limited role in resolving the problems incident to a family's legal matters. Professor Babb has created an interdisciplinary …

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Suffer The Little Children: Justifying Same-Sex Marriage From The Perspective Of A Child Of The Union, Lewis A. Silverman Jan 1999

Suffer The Little Children: Justifying Same-Sex Marriage From The Perspective Of A Child Of The Union, Lewis A. Silverman

Scholarly Works

No abstract provided.

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Who Determines Children's Best Interests?, Michael Grossberg Jan 1999

Who Determines Children's Best Interests?, Michael Grossberg

Articles by Maurer Faculty

No abstract provided.

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