Family Law Commons^™

Preliminary Report: Availability Of Domestic Violence Services For Latina Survivors In New York State, Jenny Rivera

In the Public Interest

No abstract provided.

Coming Out In West Virginia: Child Custody And Visitation Disputes Involving Gay Or Lesbian Parents, Jeffery L. Hall

West Virginia Law Review

No abstract provided.

Mediator Qualifications: The Trend Toward Professionalization, Bobby Marzine Harges

BYU Law Review

No abstract provided.

New Perspectives On Family Law, Oregon Law Institute, Ronald I. Gevurtz, Doreen Stamm Margolin, Brad Benziger, Charles D. Gazzola, Lawrence C. Klang, Allen F. Kappenberger, Liza A. Burney, Carol J. Carmichael, Eric C. Larson, Ann Mercer, Randall E. Poff, Kate Brown

Oregon Law Institute, 1997

Course Materials from the July 25, 1997 Program in Portland

An Interdisciplinary Approach To Family Law Jurisprudence: Application Of An Ecological And Therapeutic Perspective, Barbara A. Babb

Indiana Law Journal

No abstract provided.

In The Interest Of R.E.W.: Visitation Rights Of Homosexual Parents In Georgia, Allison Strazzella Brantley

Mercer Law Review

In a 1996 case, In the Interest of R.E.W., the Georgia Court of Appeals addressed an issue of first impression concerning the visitation rights of a noncustodial homosexual parent. The court set a tolerant precedent when it awarded the noncustodial homosexual father unsupervised visitation rights with his child.

An Interdisciplinary Approach To Family Law Jurisprudence: Application Of An Ecological And Therapeutic Perspective, Barbara A. Babb

All Faculty Scholarship

Traditionally, the legal system has attempted to fashion morality in determining family legal issues rather than to devise legal remedies that accommodate how families live. This approach must change, and a new approach based on legal realism that effectuates the well-being of families and children must be developed. This article proposes an interdisciplinary approach based on an ecological and therapeutic jurisprudential paradigm to resolve family legal proceedings. An ecological approach, emanating from the ecology of human development social science paradigm, is one in which family law decision-makers consider factors beyond their conceptions of the family. This approach urges decision-makers to …

Dissolution, Death, And Taxes, Oregon Law Institute, Kevin F. Kerstiens, Michael A. Yates, M. Chris Helmer, Janine C. Blatt, Thomas I. Kramer, Stephen O. Lane, Carol G. Westendorf, John H. Rosenfeld, Joshua Kadish, Penny H. Surrurier, Susan E. Teller

Oregon Law Institute, 1997

Course Materials from the May 16, 1997 Program in Portland

A V. Attorney General, Dorit Beinisch, Eliezer Goldberg, Tova Strasberg-Cohen

Translated Opinions

Facts: Appellant requested to adopt a young man of 26 years, whom he had raised since infancy, after marrying the young man's biological mother. The potential adoptee, as well as the Israel Children Society, supported the appellant's request. The district court, however, denied the adoption order. The district court held that the requirements of section 25(1) of the Children Adoption Law, which allowed for the adoption of adults under special circumstances, were not fulfilled. The district court also held that the requirements of sections 8(a) and 13 of the law, which required the consent of the biological parents to adoption …

A Feminist View Of American Elder Law, Rebecca Korzec

All Faculty Scholarship

ANY discussion of contemporary American elder law must consider gender issues. A number of gender concerns are readily discernible, including workplace and family issues. Significantly, sex-based disparities are increasing within the elderly population. In turn, these disparities exacerbate problems of fairness and equity in meeting intergenerational family needs and expectations.

As with childrearing, in contemporary American society, the major caregiving responsibility for the growing number of frail elderly falls largely on women rather than men. With an increasing number of women working outside the family home, the intersection of work and family issues is receiving considerable attention both in academic …

Child Support Arrearages: What Statute Of Limitations (If Any) Applies, Harry Truman Moore

University of Arkansas at Little Rock Law Review

No abstract provided.

Interprovincial Enforcement Of Maintenance Orders: New Principles, New Approaches, Lynn Walsworth

Dalhousie Law Journal

The author points out that the existing legislative scheme for interprovincial enforcement of maintenance orders is premised on common law rules which have nowbeen rejected by the Supreme Court of Canada. Those same Supreme Court decisions have opened the door for new legislative approaches to intra-Canadian enforcement of these obligations. This paper surveys a variety of new responses based on models in other federal states and on conventions implementing international maintenance enforcement schemes. It examines the pros and cons of each and concludes that any one of them would be superior to the scheme now in force in Canada.

Clark Memorandum: Spring 1997, J. Reuben Clark Law Society, J. Reuben Clark Law School

The Clark Memorandum

• Anonymous No More (Lovisa Lyman)
• Fiddler on the U.N. Roof (Charles D. Cranney)
• In the Beginning (Carl S. Hawkins)
• Unmeasured Factors of Success (John E. Carmack)

The Push For Parent Education: Blueprints For Helping Families Cope With Divorce, Andrew Schepard, Peter Salem, Stephen W. Schlissel

Hofstra Law Faculty Scholarship

Why are courts actively creating educational programs for separated and divorcing parents and children? The short answer is that they offer an extremely valuable service: information and perspective. They help parents and children normalize their experiences and begin to understand the emotional, social, and legal complexities of divorce and separation. The objective is not to resolve specific disputes, but to provide parents with information and an incentive to resolve conflicts collaboratively.

Religion, Custody, And A Child's Identities, Shauna Van Praagh

Osgoode Hall Law Journal

Custody decisionmaking in which religion plays a role is significant from the perspective of parents, children, religious communities, and the liberal diverse state. Neither a family law analysis based on best interests, nor a constitutional law analysis based on parental rights, provides a wholly satisfactory response to the task of delineating custody and access when religion is at issue. Instead, a child's sense of identity, partly defined through membership in religious communities, must be considered; at the same time, the child's integrity must be protected. By balancing a child's interests of identity and integrity, courts respect religious freedoms and custodial …

"Rights Of Custody" Under The Hague Convention, Martha Bailey

Brigham Young University Journal of Public Law

No abstract provided.

The Government's Role In The Support Of Children, Allen M. Parkman

Brigham Young University Journal of Public Law

No abstract provided.

Interstate Collection Of Child Support And Federalism: Why The States Have Authority And What They Need To Do To Keep It, Eric S. Lind

Brigham Young University Journal of Public Law

No abstract provided.

"Village People" Introduction To The Family Law Symposium On Parent And Child In North American Family Law, Lynn D. Wardle

Brigham Young University Journal of Public Law

No abstract provided.

Posthumous Conception: A Private Or Public Matter?, Laurence C. Nolan

Brigham Young University Journal of Public Law

No abstract provided.

Legal Narratives, Theraputic Narratives: The Invisibility And Omnipresence Of Race And Gender, Leslie G. Espinoza

Michigan Law Review

My first introduction to Denise Gray was through a form. The intake sheet was dated October 17, 1994. The legal problem was straightforward. My introduction to Denise Gray would come much later. I am a clinical law professor. The clinic, Boston College Legal Assistance Bureau, is known as "LAB." I teach students law by supervising them as they represent, usually for the first time, a real person with real problems.

Unshackling Black Motherhood, Dorothy E. Roberts

Michigan Law Review

When stories about the prosecutions of women for using drugs during pregnancy first appeared in newspapers in 1989, I immediately suspected that most of the defendants were Black women. Charging someone with a crime for giving birth to a baby seemed to fit into the legacy of devaluing Black mothers. I was so sure of this intuition that I embarked on my first major law review article based on the premise that the prosecutions perpetuated Black women's subordination. My hunch turned out to be right: a memorandum prepared by the ACLU Reproductive Freedom Project documented cases brought against pregnant women …

Taking Care Of Our Daughters, A Book Review Of Martha Fineman, The Neutered Mother, The Sexual Family And Other Twentieth Century Tragedies, Katharine K. Baker

All Faculty Scholarship

No abstract provided.

The Case Of The Battered Wife: Susan Glaspell's "Trifles" And "A Jury Of Her Peers", Lillian Schanfield

Circles: Buffalo Women's Journal of Law and Social Policy

No abstract provided.

The Ethics Of Judicial Decision-Making Regarding Custody Of Minor Children: Looking At The Best Interests Of The Child" And The "Primary Caretaker" Standards As Utility Rules, Kathryn Mercer

Faculty Publications

This article will examine how a judge's ethical framework can influence the outcome of a custody award, even where the same "child-centered" standard is ostensibly being used. This article uses three cases from the Supreme Court of Nebraska to demonstrate that the "best interests of the child" standard can be used: 1) to award a parent custody because parents have near absolute rights (an example of rule deontology); 2) to deny a parent custody because the par ent is unfit (an example of rule utilitarianism); or 3) to deny a parent custody because the child's life needs stability (an example …

Desegregating The Adoptive Family: In Support Of The Adoption Antidiscrimination Act Of 1955, 30 J. Marshall L. Rev. 593 (1997), Rebecca Varan

UIC Law Review

No abstract provided.

Working On The "Mommy-Track": Motherhood And Women Lawyers, Rebecca Korzec

All Faculty Scholarship

This Article examines the effects of motherhood on the careers of women lawyers and the efficacy of the 'mommy-track' as a means of ameliorating these effects. Part I examines the current position of women in the legal profession. Part II examines the nature of 'motherhood' and the risk/benefit function of 'mommy-tracking.' Part III analyzes the 'mommy-track' from the perspective of feminist jurisprudence. Finally, Part IV examines issues related to workplace transformation. It is the position of this paper that 'mommy-tracking' reinforces undesirable stereotypes. Ironically, this apparent 'solution' actually forestalls the transformations, at home and at work, which could enable women …

Liner V. Brown: Where Should We Go From Here - Two Different Approaches For North Carolina, A. John Hoomani, Kimberly Sieredzki Woodell

Campbell Law Review

No abstract provided.

Second Hand Smoke And Child Custody Determinations--A Relevant Factor Or A Smoke Screen?, Merril Sobie

Elisabeth Haub School of Law Faculty Publications

The thesis of this brief article is simply that the tobacco habits of a parent are relevant and worthy of consideration when a child is asthmatic, or suffers from some other definable medical condition which would be exacerbated by passive smoke. However, when the child is healthy and there exists no definitive short-term medical risk, the issue should be irrelevant. In other words, the court should consider those factors, and only those factors, which are of significant importance to the child, such as stability, caretaker skills, home environment and the child's wishes. Concededly, second-hand smoke is harmful even to a …

Uniform Premarital Agreements Act And The Reality Of Premarital Agreements In Idaho, Elizabeth Brandt

Articles

No abstract provided.