Family Law Commons^™

"Who Owns The Child?": Meyer And Pierce And The Child As Property, Barbara Bennett Woodhouse

William & Mary Law Review

No abstract provided.

Limitations On Family Size: Potential Pressures On The Rights Of Privacy And Procreation, Rodney A. Smolla

William & Mary Bill of Rights Journal

No abstract provided.

Divorce Reform And The Legacy Of Gender, Milton C. Regan Jr.

Michigan Law Review

A Review of The Illusion of Equality: The Rhetoric and Reality of Divorce Reform by Martha Albertson Fineman

In Re Custody Of Dfs, A Minor Child 92-Ap-4 (Blkft. Tr. Ct. App., April 29, 1992), Blackfeet Appellate Court

Court Decisions

• In the Blackfeet tribal Court of Appeals, the Court considered whether the best interests of a child surpass the interests of other interested parties.

• The Court affirmed a lower court decision awarding custody of DFS to the child's natural parents over the child’s grandparents. In the view of the Court, the interests of the minor child are paramount to the interests of all other interested parties. The Court will not disturb the findings of a lower court to the best interests of the child absent evidence that the lower court failed to adequately consider contrary evidence. It is the duty …

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In Re Vielle Children, 92-Ap-05 (Blkft. Tr. Ct. App., April 27, 1992), Blackfeet Appellate Court

Court Decisions

In the Blackfeet Tribal Court of Appeals, the Court vacated a prior temporary custody order which granted custody to the natural mother, and restored custody to the natural father. The Court reasoned that the previous temporary Custody Order was issued ex parte, directly to the judge without the other party’s knowledge, a practice that has been long prohibited. The lower court judge was removed from that case and deprived of all authority over this matter. This order violated due process rights of the father and the Blackfeet Law and Order Code.

Killing Us Softly: Divorce Mediation And The Politics Of Power, Penelope E. Bryan

Buffalo Law Review

No abstract provided.

The Parental Rights Of Unwed Fathers: A Developmental Perspective, Kara L. Boucher, Ruthann M. Macolini

North Carolina Central Law Review

No abstract provided.

The Channelling Function In Family Law, Carl E. Schneider

Articles

On an occasion such as this, we are called to step back from our daily work to seek what Justice Holmes called a "liberal view" of our subject. Today, I propose to do so by exploring a function of family law that I believe is basic, that underlies much of family law, that resonates with the deepest purposes of culture but that is rarely addressed expressly-namely, what I call the "channelling function." As I will soon explain at length, in the channelling function the law recruits, builds, shapes, sustains; and promotes social institutions. My exploration of this topic will have …

Child Support Enforcement For Low-Income Children: Part Of The Problem Or Part Of The Solution?, Paula Roberts

University of the District of Columbia Law Review

No abstract provided.

Centrist Judging And Traditional Family Values: Or Why Papa Can't Be A Rolling Stone, Steven H. Hobbs, Mary F. Mulligan

Washington and Lee Law Review

No abstract provided.

Mandatory Planning For Divorce, Jeffrey E. Stake

Vanderbilt Law Review

My daughter Laura will reach the median age of first marriage in about seventeen years.' Alison, her little sister, follows three years be hind. There is a good chance they both will marry. What are the odds that those marriages will work out well? Less than I would like. The strong statistical possibility of divorce is hard to ignore and the prospects upon divorce are not rosy. The economic repercussions of divorce for Laura and Alison could be grim, likely worse than those for their brother Christopher if he were to divorce.' What hope have I that this gloomy situation …

The Privatization Of Family Law, Jana B. Singer

Faculty Scholarship

No abstract provided.

'Til Success Do Us Part: How Illinois Promotes Inequities In Property Distribution Pursuant To Divorce By Excluding Professional Goodwill, 26 J. Marshall L. Rev. 147 (1992), Diane Green Smith

UIC Law Review

No abstract provided.

Has Connecticut Thrown Out The Baby With The Bath Water? Termination Of Parental Rights And In Re Valerie D., Jennifer M. Mone

Fordham Urban Law Journal

This Note focuses on the termination of parental rights in the context of drug-addicted parents. Termination of parental rights has been characterized as a unique kind of deprivation which has the effect of ending a fundamental liberty interest. In In re Valerie D., Connecticut has established a new precedent in the area of termination of parental rights by holding that parental rights may be terminated at birth solely on the basis of prenatal conduct. This Note discusses Valerie D. in the context of the governmental obligation to promote family integrity and the penumbra of rights residing in the parents, the …

The Decontextualization Of Domestic Violence, Lisa G. Lerman

Scholarly Articles

No abstract provided.

Grandparent Visitation And Intact Marriages: An Unresolved Maryland Family Law Issue, Christopher W. Nicholson, Murray O. Singerman

University of Baltimore Law Review

No abstract provided.

Notes: Family Law — Adoption: Do Laws Prohibiting Reimbursement To A Natural Mother For Reasonable Expenses Incurred During Pregnancy Truly Serve The Best Interests Of The Child? In Re Adoption No. 9979, 323 Md. 39, 591 A.2d 468 (1991), Donald A. Rea

University of Baltimore Law Review

No abstract provided.

The Enforceability Of Religious Upbringing Agreements, 25 J. Marshall L. Rev. 655 (1992), Martin Weiss, Robert Abramoff

UIC Law Review

No abstract provided.

Out Of The Mouths Of Babes: Determination Of Child Custodial Preference In Illinois, J. Peter Ault Honorable

Loyola University Chicago Law Journal

No abstract provided.

The Plight Of The Agunah: A Study In Halacha, Contract, And The First Amendment, Irving Breitowitz

Maryland Law Review

No abstract provided.

Getting The Whole Truth And Nothing But The Truth: The Limits Of Liability For Wrongful Adoption, Marianne Blair

Articles, Chapters in Books and Other Contributions to Scholarly Works

No abstract provided.

Minor Changes: Emancipating Children In Modem Times, Carol Sanger, Eleanor Willemsen

University of Michigan Journal of Law Reform

This Article reports on the use of still another mechanism for removing children in conflict with their parents: statutory emancipation, the process by which minors attain legal adulthood before reaching the age of majority. Statutorily emancipated minors can sign binding contracts, own property, keep their earnings, and disobey their parents. Although under eighteen, they are "considered as being over the age of majority" in most of their dealings with parents and third parties. Thus, while emancipated minors can sign contracts and stay out late, their adult status also means that their parents are no longer responsible for the minors' support. …

Goodwill And The Ideal Of Equality: Marital Property At The Crossroads, 31 U. Louisville J. Fam. L. 1 (1992), Michael G. Heyman

UIC Law Open Access Faculty Scholarship

No abstract provided.

Toward A More Equitable Distribution Of Property Upon Divorce: A Critique Of Recent Developments In The Law Of Marital Property In West Virginia, Lee Vanegmond

West Virginia Law Review

No abstract provided.

Lifting The Genealogical Veil: A Blueprint For Legislative Reform Of The Disclosure Of Health-Related Information In Adoption, Marianne Blair

Articles, Chapters in Books and Other Contributions to Scholarly Works

No abstract provided.

Equal Protection

Touro Law Review

No abstract provided.

Louisiana Family Law, Christopher L. Blakesley

Scholarly Works

No abstract provided.

Tales Of Two Cities: Aids And The Legal Recognition Of Domestic Partnerships In San Francisco And New York, David L. Chambers

Articles

Here are two stories. They are of the quite different ways that domestic partnerships of lesbian and gay couples have come to be recognized, for some purposes, in San Francisco and New York City. I tell the stories for their own sake, but with a particular focus on the role that AIDS played in the political process in each city.

Preventing Trauma For The Children Of Divorce Through Education And Professional Responsibility, Andrew Schepard, Joan Atwood, Steven W. Schlissel

Hofstra Law Faculty Scholarship

Divorce is one of the greatest challenges that American children face. The numbers affected are enormous. In 1951, a rate of 6.1 children per thousand were involved in a divorce. In 1981, the rate reached18.7 children per thousand. Since then, the rate has fallen back some-what to 16.8 children per thousand in 1986, the last year for which statistics are available. This number translates to about 1.2 million children each year who experience the divorce of their parents. If current rates of divorce continue, we can expect that a significant percentage of all American children will become children of divorce …

The Dna Paternity Test: Legislating The Future Paternity Action, E. Donald Shapiro, Stewart Reifler, Claudia L. Psome

Journal of Law and Health

This Article will first briefly examine the historical development of the paternity suit in the beginning of Part II. Part II will then focus upon the standards of proof, presumptions and affirmative defenses concomitant to the traditional paternity action. Part III will examine the concepts and legal applications behind blood group / genetic marker testing and the probability formulas derived from these tests used to exclude or include a putative father. Part IV will examine the technology behind DNA paternity testing and its current evidentiary admissibility. Part V will discuss some of the substantive and public policy issues relating to …