Family Law Commons^™

Domestic Relations, Barry B. Mcgough, Gregory R. Miller

Mercer Law Review

Of the appellate cases decided during the survey period, eighteen are digested here. While the legislature continued to focus on the collection of child support, the appellate courts tackled a wide range of issues.

Spare The Rod, Embrace Our Humanity: Toward A New Legal Regime Prohibiting Corporal Punishment Of Children, Susan H. Bitensky

University of Michigan Journal of Law Reform

This article proceeds from the simple premise that hitting children hurts them-even when the hitting does not rise to the level of child abuse as traditionally conceived. There is convincing evidence that corporal punishment is a hidden cruelty in child rearing that has serious adverse consequences for its victims and society at large. Yet forty-nine states permit parental corporal punishment of children and approximately half of the states permit such punishment in elementary and secondary schools The main purpose of this Article is to question the advisability of continuing the legalized status of corporal punishment of children in the United …

Does The Dissolution Of Covenant Marriages Mirror Common Law England's Subordination Of Women?, Rebecca E. Silberbogen

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

No abstract provided.

A Content Analysis Of Judicial Decision-Making - How Judges Use The Primary Caretaker Standard To Make A Custody Determination, Kathryn L. Mercer

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

No abstract provided.

Intercountry Adoption Under The Hague Convention: Still An Attractive Option For Homosexuals Seeking To Adopt?, Lisa Hillis

Indiana Journal of Global Legal Studies

No abstract provided.

First, Do No Harm: The Use Of Covert Video Surveillance To Detect Munchausen Syndrome By Proxy–An Unethical Means Of "Preventing" Child Abuse,, Michael T. Flannery

Law Faculty Scholarship

No abstract provided.

Treating Prior Terminations Of Parental Rights As Grounds For Present Terminations, Kathleen Haggard

Washington Law Review

The federal Adoption and Safe Families Act of 1997 recognized that in certain egregious circumstances, states need not seek to reunify a family before terminating the rights of abusive and neglectful parents. Washington State responded by revising its termination of parental rights statute to treat parents' violent criminal convictions as sole grounds for terminating parental rights. This Comment argues that the Washington statute should be further amended to recognize that a termination of rights to a previous child may serve as grounds for terminating rights to a present child if the State finds the parent's continuing behavior puts the child …

Bargaining In The Shadow Of Love: The Enforcement Of Premarital Agreements And How We Think About Marriage, Brian Bix

William & Mary Law Review

No abstract provided.

A Theory Of Relativity: Kinship Foster Care May Be The Key To Stopping The Pendulum Of Terminations Vs. Reunification, Megan M. O'Laughlin

Vanderbilt Law Review

The foster care system in the United States is universally regarded as a disaster: too many children languishing for too many years, bouncing from foster home to foster home, or worse yet, returning to the abusive or neglectful home only to face more danger. The failures of the federal foster care system have spurred members of Congress to advocate reform.

Answering the call for reform, Congress overwhelmingly passed and, on November 19, 1997, President Clinton signed into law the Adoption and Safe Families Act of 1997 ("ASFA"). One of the primary purposes of the ASFA is to correct many of …

Entering The Debate On Spousal Abuse Divorce Mediation: Safely Managing Divorce Mediation When Domestic Violence Is Discovered, Kara C. Utzig

Buffalo Women's Law Journal

No abstract provided.

Law, Life And Literature: Using Literature And Life To Expose Transracial Adoption Laws As Adoption On A One-Way Street, Angela Mae Kupenda, Adam L. Thrash, Jennifer A. Riley-Collins, Lashonda Y. Dukes, Stephany J. Lewis, Rodney R. Dixon

Buffalo Public Interest Law Journal

No abstract provided.

Children, Parents, And Nonparents: Protected Interests And Legal Standards, Eric G. Andersen

BYU Law Review

No abstract provided.

Reproducing A Fit Citizenry: Dependency, Eugenics, And The Law Of Marriage In The United States, Matthew Lindsay

All Faculty Scholarship

Between the Gilded Age and the Progressive Era, American state legislatures enacted a series of new laws that delineated a class of citizens who were deemed ineligible to participate in the institution of marriage. Scholars have characterized this development as evidence that lawmakers had lost faith in a laissez-faire approach to nuptial governance, and thus transformed marriage into an object of public regulation. This essay argues that behind the ostensible nuptial privatism of the mid-nineteenth century lay a self-conscious policy. of judicial governance. Judges invoked the language of nuptial privacy and the common law of contract strategically to advance their …

Domestic Relations, Robin Jean Davis, Louis J. Palmer Jr.

West Virginia Law Review

No abstract provided.

May Fault Be Considered In Deciding Financial Issues In Divorce Cases? Yes, When A Fault-Based Divorce In Granted, Steve Leben

Faculty Works

No abstract provided.

'M' Is For The Many Things That 'Mother' Means Family Life Has Changed, But Family Law Hasn't Kept Pace, Jane C. Murphy

All Faculty Scholarship

No abstract provided.

Sex And Sodomy And Apples And Oranges - Does The Constitution Require States To Grant A Right To Do The Impossible, Jay Alan Sekulow, John Tuskey

Brigham Young University Journal of Public Law

No abstract provided.

Adding Bite: A Response To State Ex Rel. Mcdougall V. Strohson (CantrelL, Real Party In Interest), Michael S. Wawro

Brigham Young University Journal of Public Law

No abstract provided.

The Paradox Of Hope: The Crime And Punishment Of Domestic Violence, Cheryl Hanna

William & Mary Law Review

No abstract provided.

Handling Claims For Minor And Disabled Plaintiffs: Coordinating All Aspects Of The Case, Oregon Law Institute, Elizabeth Welch, Robert P. Jones, Doug M. Fellows, Elden M. Rosenthal, Donna R. Meyer, Jack Meligan, Jane Paulson, Cynthia L. Barrett, Beth Gafur, Jude Mollgaard, Richard H. Mills, David Rollins

Oregon Law Institute, 1998

Course Materials from the April 10, 1998 Program in Portland

Establishing The Biological Rights Doctrine To Protect Unwed Fathers In Contested Adoptions, Toni L. Craig

Florida State University Law Review

No abstract provided.

For Better Or Worse: A Critical Analysis Of Florida's Defense Of Marriage Act, Michael J. Kanotz

Florida State University Law Review

No abstract provided.

Adoption Of Children In Missouri, Mary M. Beck

Faculty Publications

The purpose of this Article is to investigate the effect of Missouri law on adoption and to determine whether its provisions adequately protect the parties to adoption and whether its degree of clarity properly forestalls litigation.

Clinical Education And The "Best Interest" Representation Of Children In Custody Disputes: Challenges And Opportunities In Lawyering And Pedagogy, Francis Gall Hill

Indiana Law Journal

Symposium: Law and the New American Family Held at Indiana University Law School - Bloomington Apr. 4, 1997

Joint Custody: Bonding And Monitoring Theories, Margaret F. Brinig, F. H. Buckley

Indiana Law Journal

Symposium: Law and the New American Family Held at Indiana University School of Law - Bloomington Apr. 4, 1997

Joint Custody And Strategic Behavior, Saul Levmore

Indiana Law Journal

Symposium: Law and the New American Family Held at Indiana University School of Law - Bloomington Apr. 4, 1997

Collaborative Pedagogic Efforts On Behalf Of Children In Custody Disputes, Glenn Stone

Indiana Law Journal

Symposium: Law and the New American Family Held at Indiana University School of Law Apr. 4, 1997

Voices Lost And Found: Training Ethical Lawyers For Children, William A. Kell

Indiana Law Journal

Symposium: Law and the New American Family Held at Indiana University School of Law Apr. 4, 1997

Bonding After Divorce: Comments On Joint Custody: Bonding And Monitoring Theories, Ann Laquer Estin

Indiana Law Journal

Symposium: Law and the New American Family Held at Indiana University School of Law - Bloomington Apr. 4, 1997

Lawyers As Nonlawyers In Child-Custody And Visitation Cases: Questions From The "Legal Ethics" Perspective, Bruce A. Green

Indiana Law Journal

Symposium: Law and the New American Family Held at Indiana University School of Law Apr. 4, 1997