Family Law Commons^™

Sex, Lies, And Dissipation: The Discourse Of Fault In A No-Fault Era, Katharine T. Bartlett, Barbara Bennett Woodhouse

Faculty Scholarship

No abstract provided.

Marriage And Opportunism, Margaret F. Brinig, Steven M. Crafton

Journal Articles

Spouse abuse is no longer a secret. It has become a thorn in America's conscience. Abuse even warranted a lengthy Supreme Court discussion in an opinion on abortion. It is certainly worth thinking about whether anything systemic caused the apparent outbreak of violence in the home. If there is a legal "fix" that would remove incentives to abuse, and therefore reduce the incidence of abuse at the margin, we should know about it.

It is the thesis of this article that increased abuse and other undesirable behavior is a natural consequence of the fact that in some states the marriage …

Finite Horizons: The American Family, Margaret F. Brinig

Journal Articles

In the summer of 1992, while I was reading and thinking about Martha Minow's latest book, I was struck with my double role as a responsible adult. Vacationing in the north woods of Wisconsin with my mother, I suddenly needed to care for her as well as my own small children. Generational connections, important before, swelled hugely in crisis. As I caught my breath between hospital runs and kids' activities, I was thankful that I had received so much from my parents during my childhood. And I resolved to rethink the relationships between parents and children, adults and elderly.

Policy …

Comment On Jana Singer's Alimony And Efficiency, Margaret F. Brinig

Journal Articles

I propose to make three comments on Professor Singer's article. First, I will present my views on the limitations of law and economics when applied to family law. Second, I will discuss why specialization between husbands and wives is not necessarily efficient, and perhaps not even the best use of law and economics in the study of the family. Finally, and perhaps most controversially, I will question whether there are gender differences that should impact alimony law.

Yael Shefer (A Minor) By Her Mother And Natural Guardian, Talila Shefer V. State Of Israel, Menachem Elon, Yaakov Malz, H. Ariel

Translated Opinions

Facts: The appellant, Yael, a minor, was born with the incurable Tay-Sachs disease. When she was two, her mother applied to the District Court for a declaratory judgment that when Yael’s condition worsened, she would be entitled not to receive treatment against her will. The District Court denied the application. An appeal was filed to the Supreme Court, and in September 1988, the Supreme Court denied the appeal, without giving its reasons. When Yael was three years old, she died. The following judgment sets forth the reasons for the aforesaid decision of the Supreme Court, and discusses the right of …

Due Process Rights Of Parents And Children In International Child Abductions, Dorothy C. Daigle

Vanderbilt Journal of Transnational Law

Rising divorce rates in recent years have led to increasingly frequent abductions of children by one parent away from the other parent. Often, abducting parents move the children to different jurisdictions in which the parents believe they can obtain a more favorable decision on custody. To remedy this problem, twenty-nine nations joined in 1980 to adopt the Hague Convention on the Civil Aspects of International Child Abduction. This Convention mandates the immediate return, upon request, of the abducted child to the state of habitual residence of the child. The Convention includes several limited exceptions to this mandate, applicable at the …

Reflections On Child Care & Community Development, Peter Pitegoff

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

No abstract provided.

War And P.E.A.C.E.: A Preliminary Report And A Model Statute On An Interdisciplinary Educational Program For Divorcing And Separating Parents, Andrew Schepard

University of Michigan Journal of Law Reform

This Article is a report on P.E.A.C.E. (Parent Education and Custody Effectiveness), an interdisciplinary attempt to create a parent education program in New York. P.E.A.C.E. is an educational program that provides information to parents on three topics: the legal process for determining custody and child support; the effects of divorce and separation on adults; and the effects of divorce and separation on children, and how parents can help children cope with this difficult transition. P.E.A.C.E. is education-nothing more. It is not mediation or therapy. Parents do not talk to each other directly during P.E.A.C.E. sessions and the program makes no …

The Adversarial And Mediation Processes: An Exploration Of Outcomes In Child Custody Disputes, Cheryl Barakey

Sociology & Criminal Justice Theses & Dissertations

In recent years, the Juvenile and Domestic Relations Courts have seen increases in child custody disputes. This increase has caused many jurisdictions to seek alternatives to the traditional adversarial process. Mediation has attracted the most attention. Several jurisdictions such as Norfolk, Virginia, the one used in this study, now refer parents to mediation before the court will hear the case.

Unlike previous studies where divorce mediation was researched with child custody being one of the factors, this study examines the differences in the outcomes of the mediation and litigation processes used to solve only child custody disputes. The outcomes examined …

Conjugal Homicide And Legal Violence: A Comparative Analysis, Alison Young

Osgoode Hall Law Journal

This article examines the defences in English and Canadian criminal law available to battered women who kill their abusers. The article sets out in detail the formation and evolution of the doctrinal interpretation, in English law, of the defences of provocation, diminished responsibility, and self-defence. Current case law is examined, including the recent cases of Thornton and Ahluwalia. The objective of the essay is to provide a critical context, namely the legal construction of the phenomenon of conjugal violence, in which we can see the current elaboration of these defences. The Canadian position is investigated, by means of a thorough …

Paradise Lost, Paradox Revisited: The Implications Of Familial Ideology For Feminist, Lesbian, And Gay Engagement To Law, Shelley A. M. Gavigan

Osgoode Hall Law Journal

In this article the author addresses the theoretical and political challenges issued to feminists and feminist scholarship by recent debates and litigation concerning "family" and "family-based" benefits. The argument proceeds in four parts: first, the discussion is relocated within socialist feminist theory. The implications of the qualified pro-family stance in the critiques advanced or influenced by women of colour is considered next, followed by an examination of some proposals to extend the definition of "spouse" and "family" to lesbian and gay relationships. The author is critical of both "critiques" and illustrates with reference to Canadian welfare and immigration law that …

The Tension Between Rules And Discretion In Family Law: A Report And Reflection, Carl E. Schneider

Articles

The history of law is many things. But one of them is the story of an unremitting struggle between rules and discretion. The tension between these two approaches to legal problems continues to pervade and perplex the law today. Perhaps nowhere is that tension more pronounced and more troubling than in family law. It is probably impossible to practice family law without wrestling with the imponderable choice between rules and discretion. Consider, for example, how many areas of family law are now being fought over in-just those terms. For decades we have lived with an abundantly discretionary way of resolving …

Foreword: Family Restructuring At The End Of The Twentieth Century—Issues For A New Century, Lynn D. Wardle

Brigham Young University Journal of Public Law

No abstract provided.

Applications Of A Contemporary Partnership Model For Divorce, Cynthia Starnes

Brigham Young University Journal of Public Law

No abstract provided.

Access To Legal Remedies: The Crisis In Family Law, Jane C. Murphy

Brigham Young University Journal of Public Law

No abstract provided.

Missing Tools In The Federal Prosectution Of Child Abuse And Neglect, F. Chris Austin

Brigham Young University Journal of Public Law

No abstract provided.

Honor Thy Father And Thy Mother: But Court-Ordered Grandparent Visitation In The Intact Family?, Laurence C. Nolan

Brigham Young University Journal of Public Law

No abstract provided.

In The Best Interest: The Adoption Of F.H., An Indian Child, Ivy N. Voss

Brigham Young University Journal of Public Law

No abstract provided.

A Legal Definition Of The Stepfamily: The Example Of Incest Regulation, Margaret M. Mahoney

Brigham Young University Journal of Public Law

No abstract provided.

From A Tender Years Presumption To A Primary Parent Presumption: Has Anything Really Changed? . . . Should It?, Phyllis T. Bookspan

Brigham Young University Journal of Public Law

No abstract provided.

Reform Of The Divorce Provisions Of The Marriage Contract, Allen M. Parkman

Brigham Young University Journal of Public Law

No abstract provided.

Legal Policy, Technique And Research In Family Law—Some Comparative Aspects, Anders Agell

Brigham Young University Journal of Public Law

No abstract provided.

Designating Male Parents At Birth, Jeffrey A. Parness

University of Michigan Journal of Law Reform

In focusing on legal designations of male parentage as of the time of birth, this Essay first reviews the methods by which such designations currently are made. The difficulties raised by contemporary methods then will be explored, together with suggested reforms involving laws that could promote earlier, more complete, and more accurate designations of male parentage as of the time of a child's birth.

Incompletely Reasoned Sex: A Review Of Posner's Somewhat Misleading Guide To The Economic Analysis Of Sex And Family Law, Martin Zelder

Michigan Law Review

A Review of Sex and Reason by Richard A. Posner

Traditionalism, Secularism, And The Transformative Dimension Of Religious Institutions, W. Cole Durham Jr., Alexander Dushku

BYU Law Review

No abstract provided.

Children's Rights: The Destruction And Promise Of Family, Barbara Bennett Woodhouse

BYU Law Review

No abstract provided.

Individualisme Et Communautarisme: L'Individu, La Familie Et L'Etat En Europe Occidentale, Marie-Therese Meulders-Klein

BYU Law Review

No abstract provided.

Scott V. Pacific West Mountain Resort: Erroneously Invalidating Parental Releases Of A Minor's Future Claim, Angeline Purdy

Washington Law Review

In Scott v. Pacific West Mountain Resort, the Washington Supreme Court held that parents do not have legal authority to waive their children's future claims for personal injuries caused by a third party's negligence. This Note argues that the court departed from Washington precedent and ignored the implications of existing Washington law. Moreover, the court erroneously analogized children's future claims to children's existing claims by failing to adequately analyze the differences between the two situations. This Note thus concludes that because parents can already waive their children's causes of action in many situations, they should be allowed to do so …

A Life Preserver For Battered Immigrant Women: The 1990 Amendments To The Immigration Marriage Fraud Amendments, Maxine Yi Hwa Lee

Buffalo Law Review

No abstract provided.

Introduction: Family Law In The 1990s -- New Problems, Strong Solutions, L. Elizabeth Bowles

Vanderbilt Law Review

The 1992 Presidential campaign was fraught with references to "family values." While Vice President Quayle took on a fictional television character for choosing to have a child out of wedlock," candidate Clinton was vowing support for the Family Leave Bill and other pro- family measures. Although the political rhetoric of the 1992 campaign was partisan in nature, the emphasis placed on the family by the political parties reflects the seriousness of the problems facing the American family in the 1990s. The American family is not the same entity that it was twenty years ago. Now, "nontraditional" families, such as single …