Family Law Commons^™

"Entreat Me Not To Leave Thee": Bottoms V. Bottoms And The Custody Rights Of Gay And Lesbian Parents, Stephen B. Pershing

William & Mary Bill of Rights Journal

No abstract provided.

Child Abuse: Should You Report It?, David F. Forte

Law Faculty Articles and Essays

This article discusses the options under the Code of Professional Responsibility for a domestic relations attorney who acquires confidential or secret information about child abuse by a client.

'If Black Is So Special, Then Why Isn't It In The Rainbow?', Sharon E. Rush

UF Law Faculty Publications

In the modern day, defining "family" becomes less of a theoretical debate when one's own family unit is different from the traditional married, middle-class mother and father with their biological children. For non-traditional families, redefining family takes on enormous practical significance and may actually enable people to create families. Laws permitting transracial adoptions and surrogacy are illustrative. Moreover, a broader definition of family provides greater legal security to non-traditional families. Without such legal protection, non-traditional families live in fear of traditional laws tearing them apart. Rather than using a standard that promotes hegemony in custody disputes, decisionmakers should become aware …

Preserving The Purchasing Power Of Child Support Awards: Can The Use Of Escalator Clauses Be Justified After The Family Support Act?, Sarah K. Funke

Indiana Law Journal

No abstract provided.

The Washington State Parenting Act In The Courts: Reconciling Discretion And Justice In Parenting Plan Disputes, Jane W. Ellis

Washington Law Review

On July 8, 1993, the Washington Supreme Court handed down a decision construing the residential provision section of the Washington State Parenting Act. The case is significant for the children of divorcing parents in the State of Washington, and its importance extends beyond Washington because the supreme court's opinion is the first to interpret a key section of a law that has attracted national and international attention The case, In re Marriage ofKovacs, is an example of the sort of egregious injustice that can occur when a trial court fails to exercise its discretion in an appropriate manner and an …

For The Sake Of The Child: Moving Toward Uniformity In Adoption Law, Marja E. Selmann

Washington Law Review

Adoption is governed by state law, which varies dramatically among states, and thus encourages forum shopping and complicates interstate adoption. A new Uniform Adoption Act (UAA), likely to be completed and approved by the National Conference of Commissioners on Uniform State Laws in 1994, offers states the opportunity to move toward greater uniformity. The UAA balances all of the participants' interests while keeping the child's best interests foremost.

Why Canada Has No Family Policy: Lessons From France And Italy, Philip Girard

Osgoode Hall Law Journal

This paper uses a comparative legal history approach to examine the "private" law of the family in France, Italy, and the major English-speaking countries in order to clarify the fundamental notions of the family which predated the welfare state. It is suggested that a major cleavage exists, historically, between an autonomous family law in France and Italy oriented around notions of familial solidarity, sibling interdependence and equality, and intergenerational continuity, and a family law in the English-speaking countries marked by a preoccupation with the protection of property rights and the independence of individual family members. These contrasts reveal differing societal …

Divorce, Custody, Gender, And The Limits Of Law: On Dividing The Child, Lee E. Teitelbaum

Michigan Law Review

A Review of Dividing the Child: Social and Legal Dilemmas of Custody by Elanor E. Maccoby and Robert H. Mnookin

Severing Hansel From Gretel: An Analysis Of Siblings' Association Rights, William Wesley Patton, Dr. Sarah Latz

University of Miami Law Review

No abstract provided.

"Running Hard To Stand Still": The Paradox Of Family Law Reform, Mary Jane Mossman

Dalhousie Law Journal

This essay explores the paradox of family law reform in common law Canada, focusing particularly on reforms relating to family property and inter-spousal support in the decades after the first federal Divorce Act of 1968. The paradox of this law reform activity is well-expressed in Carol Smart's colourful phrase about the (lack of) impact of law reform for women in the United Kingdom. In her view, while it is inaccurate to say that nothing has been done to improve the position of women, it is equally impossible to demonstrate that there has been any linear development of progressive legislation; in …

Mandatory Reporting Of Wife Assault By Health Care Professionals, Diana Ginn

Dalhousie Law Journal

This article examines the issue of mandatory reporting of wife assault' by health care professionals. Should a health care professional who believes that a patient is being abused by her partner have a legal duty to report that belief, and the information on which it is based, to a designated government ministry or department?2 Such reporting is already required for cases of suspected child abuse and, in one province, for suspected abuse of adults who are mentally or physically unable to protect themselves from the abuse.

Marriage, Morals, And The Law: No-Fault Divorce And Moral Discourse, Carl E. Schneider

Articles

In this Essay, I want to reflect on no fault-divorce and the social attitudes that underlie it. In particular, I want to consider that reform in light of an article I wrote some years ago entitled Moral Discourse and the Transformation of American Family Law. There I argued that in recent years the language of American family law has changed notably: today family law issues are decreasingly discussed in the language of morality. In other words, legal institutions have decreasingly talked about those issues in moral terms. Rather, they have tended to avoid handling some moral issues altogether-often by …

The District Of Columbia Medical Consent Law: Moving Towards Legal Recognition Of Kinship Caregiving, Randi S. Mandelbaum, Susan L. Waysdorf

University of the District of Columbia Law Review

In 1990, in the District of Columbia, over 27,000 children under the age of eighteen, or 23.4% of all children, were living in the care of an adult other than their parent or a foster parent.3 This was a thirty percent increase from the 1980 data for the District of Columbia.4 Nationally, over the past decade, these figures increased sixteen percent.0 Today, for adult relatives, primarily grandmothers, aunts, and close family friends, who step in to raise the children of their relatives or friends, private kinship caregiving is both a legacy and a matter of survival for the next generation.'

Exceptions To Marital Communications Of Privileges For Crimes Done To Children Of Either Spouse, Henry A. Escoto

University of the District of Columbia Law Review

No abstract provided.

Religious Freedom Issues In Domestic Relations Law, Mitchell A. Tyner

Brigham Young University Journal of Public Law

No abstract provided.

"Out Of Children's Needs, Children's Rights": The Child's Voice In Defining The Family, Barbara Bennett Woodhouse

Brigham Young University Journal of Public Law

No abstract provided.

Table Of Contents - Cardozo Law Review, Volume 15, Issue 5

Cardozo Law Review

No abstract provided.

Abortion Rights In America, Joan R. Bullock

BYU Law Review

No abstract provided.

Are You My Mother? The Scientific And Legal Validity Of Conventional Blood Testing And Dna Fingerprinting To Establish Proof Of Parentage In Immigration Cases, Alan R. Davis

BYU Law Review

No abstract provided.

Lev V. Tel-Aviv-Jaffa Rabbinical Court, Aharon Barak, Dov Levin, Shlomo Levin

Translated Opinions

[This abstract is not part of the Court's opinion and is provided for the reader's convenience. It has been translated from a Hebrew version prepared by Nevo Press Ltd. and is used with its kind permission.]

Petitioner 1 and Respondent 3 were in divorce proceedings. In the context of a suit for marital reconciliation filed by Respondent 3, he requested that Respondent 1 prevent Petitioner 1 from leaving the country. His request was granted. Petitioner 1 requested that the order be vacated because her trip was intended as a vacation with her eldest daughter as well as for conducting business …

Black Identity And Child Placement: The Best Interests Of Black And Biracial Children, Kim Forde-Mazrui

Michigan Law Review

The purpose of this Note is to question whether racial matching by courts and child-placement agencies serves the best interests of Black children. The principle that guides this Note's analysis is that racial matching is justified only if such a policy better serves the interests of Black children than a policy in which race is not a factor in a child-placement determination. This Note also questions whether racial matching serves the interests of biracial children and those of Black people as a cultural group.

Whatever Happened To The American Dream?, Susan P. Leviton

Faculty Scholarship

No abstract provided.

Alimony And Efficiency: The Gendered Costs And Benefits Of Economic Justification For Alimony, Jana B. Singer

Faculty Scholarship

No abstract provided.

The Good Mother: The Limits Of Reproductive Accountability And Genetic Choice, R. Alta Charo, Karen H. Rothenberg

Faculty Scholarship

No abstract provided.

Grandparents, Parents And Grandchildren: Actualizing Interdependency In Law, Karen Czapanskiy

Faculty Scholarship

No abstract provided.

Child Support, Visitation, Shared Custody And Split Custody, Karen Czapanskiy

Faculty Scholarship

No abstract provided.

Improving Access To Nonidentifying Medical Data In Florida Adoptions: A Call For Legislation, Laura Methvin

Florida State University Law Review

No abstract provided.

Family Law And The Pursuit Of Intimacy, Monique C. Lillard

Articles

No abstract provided.

Multidisciplinary Representation Of Children: Conflicts Over Disclosures Of Client Communications, 27 J. Marshall L. Rev. 617 (1994), Gerard F. Glynn

UIC Law Review

No abstract provided.

Civil, Constitutional And Criminal Justice Responses To Female Partner Abuse: Proposals For Reform, Mark Anthony Drumbl

Scholarly Articles

Female partner abuse -- the battering inflicted by heterosexual men upon their wives, common-law spouses and intimate partners -- is a pervasive phenomenon in North American society. Through a comparative analysis of the responses to female partner abuse in Buffalo (New York), Toronto and London (Ontario) this paper demonstrates that pro-arrest policing policies have a vital role in curbing conjugal violence. Nevertheless, any truly effective response to female partner abuse must link the criminal justice system with other areas of the law as well as community services. With this interdisciplinary approach as a governing paradigm, several reforms are proposed. These …