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Articles 5761 - 5790 of 7930
Full-Text Articles in Family Law
Gay Marriage - A Modern Proposal: Applying Baehr V. Lewin To The International Covenant On Civil And Political Rights, Anne M. Burton
Gay Marriage - A Modern Proposal: Applying Baehr V. Lewin To The International Covenant On Civil And Political Rights, Anne M. Burton
Indiana Journal of Global Legal Studies
No abstract provided.
Does Mediation Systematically Disadvantage Women?, Margaret F. Brinig
Does Mediation Systematically Disadvantage Women?, Margaret F. Brinig
William & Mary Journal of Race, Gender, and Social Justice
No abstract provided.
Losing The Struggle For Another Voice: The Case Of Family Law, Carol Smart
Losing The Struggle For Another Voice: The Case Of Family Law, Carol Smart
Dalhousie Law Journal
This paper is based on empirical work in progress concerning co-parenting and the ways in which mothers and fathers organize the care of children after separation. It deals with two foundational issues: Gilligan's concept of "another voice" and its congruence with recent developments in family law in the United Kingdom and otherdeveloped countries including Canada and the United States. The author concludes that the ethic of care incorporated in the British legislation and given some expression in the judicial system does not fully recognize two kinds of caring. There is caring about and caring for. The caring about of fathers …
The Battle For Baby Jessica: A Conflict Of Best Interests, Bernadette Weaver-Catalana
The Battle For Baby Jessica: A Conflict Of Best Interests, Bernadette Weaver-Catalana
Buffalo Law Review
No abstract provided.
What To Do When There's No "I Do": A Model For Answering Damages Under Promissory Estoppel, Neil G. Williams
What To Do When There's No "I Do": A Model For Answering Damages Under Promissory Estoppel, Neil G. Williams
Washington Law Review
Since its inception in the seventeenth century, the common-law action for breach of promise to marry has been the subject of recurrent legal debates. Beginning in the 1930s, some states began passing statutes that abolished the action altogether. Even so, today about half of American jurisdictions retain the breach-of-promise action in some form. This Article advocates a compromise that is not currently the law in any American jurisdiction: parties who breach promises to marry should be liable for damages, but only to the extent they have induced reliance by those to whom they were formerly engaged. Under this proposed model, …
The Indian Child Welfare Act: Guiding The Determination Of Good Cause To Depart From The Statutory Placement Preferences, Denise L. Stiffarm
The Indian Child Welfare Act: Guiding The Determination Of Good Cause To Depart From The Statutory Placement Preferences, Denise L. Stiffarm
Washington Law Review
Since 1978, custody proceedings involving Indian children have been subject to the provisions of the Indian Child Welfare Act. The substantive provisions of the Act set forth placement preferences for state courts to follow when determining adoptive, preadoptive, and foster care placement of Indian children. While the Act directs that the preferences are to be followed in the absence of good cause to the contrary, it does not include a corresponding definition of what constitutes good cause. The result under this vague standard has been a lack of uniformity in state court treatment of the "good cause" determination. This Comment …
The Fourth Circuit's Baby K Decision: Plain Language Does Not Make Good Law, David Zell Myerberg M.D.
The Fourth Circuit's Baby K Decision: Plain Language Does Not Make Good Law, David Zell Myerberg M.D.
West Virginia Law Review
No abstract provided.
A Study In Regulatory Method, Local Political Cultures, And Jurisprudential Voice: The Application Of Federal Confidentiality Law To Project Head Start, Richard C. Boldt
A Study In Regulatory Method, Local Political Cultures, And Jurisprudential Voice: The Application Of Federal Confidentiality Law To Project Head Start, Richard C. Boldt
Michigan Law Review
This article focuses on one particular set of issues raised by the effort to coordinate the activities of Head Start centers with those of substance abuse treatment programs and the introduction of treatment and prevention functions into the daily interactions of Head Start staff and parents. These issues involve the disclosure of potentially damaging information about a Head Start parent's drug or alcohol abuse and the confidentiality considerations that arise when she or he has sought or received treatment for that abuse. Although it is possible to characterize these issues as technical, doctrinal questions of statutory and regulatory interpretation, it …
The Power Of Contempt And Child Support Issues For Family Lawyers, Oregon Law Institute, Bette G. Yada, Diane Pietrzak, Deborah Wilson, John A. Ellis, Elizabeth Welch, Gregory B. Soriano, Mark A. Johnson
The Power Of Contempt And Child Support Issues For Family Lawyers, Oregon Law Institute, Bette G. Yada, Diane Pietrzak, Deborah Wilson, John A. Ellis, Elizabeth Welch, Gregory B. Soriano, Mark A. Johnson
Oregon Law Institute, 1995
Course Materials from the June 2, 1995 Program in Portland
Important Steps And Instructive Models In The Fight To Eliminate Violence Against Women, Elizabeth M. Misiaveg
Important Steps And Instructive Models In The Fight To Eliminate Violence Against Women, Elizabeth M. Misiaveg
Washington and Lee Law Review
No abstract provided.
Parents And The State: Joining Forces To Report Incest And Support Its Victims, Lynne Olman Lourim
Parents And The State: Joining Forces To Report Incest And Support Its Victims, Lynne Olman Lourim
University of Michigan Journal of Law Reform
As many as 60,000 to 100,000 children each year become victims of child sexual abuse in this country, according to some estimates. These children typically suffer long-lasting effects of the abuse. This Note, in focusing on (step)father-daughter incest, looks at the predominance of males as perpetrators, daughters as victims, and mothers as non-abusers. The Note examines the dynamics within incestuous families and the characteristics common to each member in these families. It particularly considers the position of mothers in these families, who often are subservient to and financially dependent on the incest perpetrator. This Note then discusses how these mothers' …
Confucian Ethics, Judges, And Women: Divorce Under The Revised Korean Family Law, Kay C. Lee
Confucian Ethics, Judges, And Women: Divorce Under The Revised Korean Family Law, Kay C. Lee
Washington International Law Journal
The historic revision of the South Korean Family Law in 1989 abolished many entrenched legal practices based on Confucian ethics that discriminate against women. Among its many provisions, the law provides for an equitable division of marital property upon divorce and ends the tradition of the father's automatic right to child custody, unless waived. However, in a legal system where judges wield unquestioned authority and wide discretion, judicial decisions based on traditional assumptions about women and family continue to frustrate the democratic intent of the revised law. Given the vague laws that give the judiciary broad discretion, real changes are …
On The Duties And Rights Of Parents, Carl E. Schneider
On The Duties And Rights Of Parents, Carl E. Schneider
Articles
The law of the family is the law of the absurd. Law is a system of rules administered institutionally, and thus it must treat people categorically. When law regulates economic life, it finds people at arguably their most schematic, motivated-perhaps-by a relatively unitary conception of their interest pursued in relatively rational ways. But in family life, people are at their least schematic and at their most frustratingly human, various, idiosyncratic, irrational, and perverse, and the law's efforts to affect them are thus often quixotic. In Parents as Fiduciaries, 1 Professor Scott and Dean Scott strikingly and boldly deploy the …
Gestational Surrogacy: Legal Implications Of Reproductive Technology, Erika Hessenthaler
Gestational Surrogacy: Legal Implications Of Reproductive Technology, Erika Hessenthaler
North Carolina Central Law Review
No abstract provided.
The Hague Convention On The Civil Aspects Of International Child Abduction: Are The Convention's Goals Being Achieved?, Julia A. Todd
The Hague Convention On The Civil Aspects Of International Child Abduction: Are The Convention's Goals Being Achieved?, Julia A. Todd
Indiana Journal of Global Legal Studies
No abstract provided.
West Virginia Child Support Guidelines: The Melson Formula, Charles T. Berry
West Virginia Child Support Guidelines: The Melson Formula, Charles T. Berry
West Virginia Law Review
No abstract provided.
Children's Rights In Intercountry Adoption: Towards A New Goal, S. I. Strong
Children's Rights In Intercountry Adoption: Towards A New Goal, S. I. Strong
Faculty Publications
Each year, hundreds of thousands of children languish in foster or institutional care worldwide, while at the same time, thousands of adults, married and unmarried alike, are denied children because of “shortages.” How did this tragedy occur, and why does it continue to be repeated daily in countries around the world? The unfortunate truth is that many of the legal and societal norms now in place effectively prohibit needy children from finding suitable homes. While potential parents in Western countries cry out for babies of their own, millions of children live in physical and psychological poverty in underfunded orphanages around …
Bitter Battles: The Use Of Psychological Evaluations In Child Custody Disputes In West Virginia, Alison Richey Mcburney
Bitter Battles: The Use Of Psychological Evaluations In Child Custody Disputes In West Virginia, Alison Richey Mcburney
West Virginia Law Review
No abstract provided.
Nahmani V. Nahmani, Tova Strasberg-Cohen, Aharon Barak, Dov Levin, Itzchak Zamir, Tzevi Eliyahu Tal
Nahmani V. Nahmani, Tova Strasberg-Cohen, Aharon Barak, Dov Levin, Itzchak Zamir, Tzevi Eliyahu Tal
Translated Opinions
Facts: Ruth and Daniel Nahmani, a married couple, were unable to have a child because of an operation that Ruth underwent. They therefore decided to try in-vitro fertilization of Ruth’s ova with Daniel’s sperm and implanting the fertilized ova in a surrogate mother. Under Israeli law, surrogacy was not permitted and in-vitro fertilization was only permitted for implantation in the mother. Because of the great expense of the in-vitro fertilization procedure in the United States, the couple petitioned the Supreme Court, sitting as the High Court of Justice, to allow the in-vitro fertilization procedure to be conducted in Israel, for …
Interstate Child Support Enforcement System: Juggernaut Of Bureaucracy, Janelle T. Calhoun
Interstate Child Support Enforcement System: Juggernaut Of Bureaucracy, Janelle T. Calhoun
Mercer Law Review
This Comment examines the crisis of child support in America. Throughout, statistics and facts are provided to demonstrate the gravity of the problem, the ensuing drain on national resources, and why corrective steps must be taken. First, the Comment explains the causes and scope of the problem, focusing on the crux of the dilemma: single mothers with inadequate incomes raising children while receiving no support from absent fathers. Next, it explores the history of the child support obligation, tracing legislative attempts to coerce payment. The Comment then explains the currently available remedies, how they are applied, and why they are …
Unemployment Compensation In A Time Of Increasing Workfamily Conflicts, Martin H. Malin
Unemployment Compensation In A Time Of Increasing Workfamily Conflicts, Martin H. Malin
University of Michigan Journal of Law Reform
Abstract for a piece in the 1995 Unemployment Compensation: Continuity and Change symposium presented by the Advisory Council on Unemployment Compensation and the University of Michigan Journal of Law Reform.
Love And Obligation: Family Law And The Romance Of Economics, Ann Laquer Estin
Love And Obligation: Family Law And The Romance Of Economics, Ann Laquer Estin
William & Mary Law Review
No abstract provided.
Why Teach International Family Law In Conflicts?, William L. Reynolds
Why Teach International Family Law In Conflicts?, William L. Reynolds
Faculty Scholarship
[The author] sets forth a challenge to conflicts professors: to teach international family law in their conflict of laws classes. At present, many conflicts professors avoid teaching international family law, in part because the study of this subject is complicated by several statutes addressing particularly difficult issues. Ignorning international family law is unwise, because many United States citizens and lawyers are likely to confront such problems.
Implementation Of Standby Guardianship: Respect For Family Autonomy, Deborah J. Weimer
Implementation Of Standby Guardianship: Respect For Family Autonomy, Deborah J. Weimer
Faculty Scholarship
No abstract provided.
Terminating The Parent-Child Legal Relationship As A Response To Child Sexual Abuse, Donald C. Bross
Terminating The Parent-Child Legal Relationship As A Response To Child Sexual Abuse, Donald C. Bross
Loyola University Chicago Law Journal
No abstract provided.
Exploring The Political Roles Of The Family: Justifications For Permanency Planning For Children, David J. Herring
Exploring The Political Roles Of The Family: Justifications For Permanency Planning For Children, David J. Herring
Loyola University Chicago Law Journal
No abstract provided.
Family Planning Services Conference On The Interventional Protection Of Reproductive Rights: The Impact Of Reproductive Subordination On Women's Health , Mahmoud F. Fathalla
Family Planning Services Conference On The Interventional Protection Of Reproductive Rights: The Impact Of Reproductive Subordination On Women's Health , Mahmoud F. Fathalla
American University Law Review
No abstract provided.
Rock-A-Bye Lawsuit: Can A Baby Sue The Hand That Rocked The Cradle, 28 J. Marshall L. Rev. 429 (1995), Geoffrey A. Vance
Rock-A-Bye Lawsuit: Can A Baby Sue The Hand That Rocked The Cradle, 28 J. Marshall L. Rev. 429 (1995), Geoffrey A. Vance
UIC Law Review
No abstract provided.
An Argument For The Inclusion Of Children Without Medicare, Raymond C. O'Brien
An Argument For The Inclusion Of Children Without Medicare, Raymond C. O'Brien
Scholarly Articles
No abstract provided.
Representing A Victim Of Domestic Violence, Catherine F. Klein, Leslye E. Orloff
Representing A Victim Of Domestic Violence, Catherine F. Klein, Leslye E. Orloff
Scholarly Articles
No abstract provided.