Family Law Commons^™

Mapping The Human Genome And The Meaning Of Monster Mythology, George J. Annas

Faculty Scholarship

Pre-Columbian cartographers drew their maps to the extent of their knowledge, and then wrote in the margins, "Beyond this point there are dragons." With the voyage of Columbus, we lost both our fear of the geographic frontier and our innocence. We accept that knowledge can generally overpower fear; but we have also learned that the application of new knowledge often has a dark side that can lead to brutality and disaster. The discovery of America, for example, led to unforeseen value conflicts of justice and fairness involving native Americans that were "resolved" only by their merciless subjugation and genocidal destruction. …

Rational Decisionmaking About Marriage And Divorce, Elizabeth S. Scott

Faculty Scholarship

The apparent normative goal of modem divorce law is the efficient termination of unsuccessful marriages. Once the couple (or either party) determine that the marriage is no longer satisfactory, then quick and easy exit is deemed desirable. As Carl Schneider suggests, the law has withdrawn from moral discourse about divorce, adopting a neutral stance toward marital dissolution. Although divorce typically imposes formidable psychological and economic costs, there are few legal incentives to remain married, or even to consider thoughtfully the decision to end the marriage. Moreover, although decisions about marriage and divorce have important legal implications, the law does nothing …

Tax Aspects Of Divorce And Separation: Alimony, Child Support And Property Transfers, Robert E. Lee

William & Mary Annual Tax Conference

No abstract provided.

The Seventeen Percent Solution: Formula Guidelines For Determining Child Support Awards Arrive In North Carolina, J. Brad Donovan

North Carolina Central Law Review

No abstract provided.

The Politics Of God And The Woman's Vote: Religion In The American Suffrage Movement, 1848-1895, Elizabeth B. Clark

Publications

This thesis examines the role of religion— both liberal and evangelical Protestantism— in the development of a feminist political theory in America during the nineteenth century and how that feminist theory in turn helped to transform American liberalism. Chapter 1 looks for the genesis of women's rights language, not in the republican rhetoric of the Founding Fathers, but in the teachings of liberal Protestantism and its links with laissez-faire economic theory. The antebellum understanding of rights is shown to have encompassed social and civil rights alike, and to have arisen from a vision of the mutual benefits that derived from …

An Abused Child's Right To Life, Liberty, And Property In The Home: Constitutional Approval Of State Inaction, Michael J. Florio

West Virginia Law Review

No abstract provided.

Review Of Putting Asunder: A History Of Divorce In Western Society, Carl E. Schneider

Reviews

This ambitious, impressive, and absorbing book seeks to chronicle the history of divorce in Western society from the Middle Ages to the present. It begins by describing the ideological positions on divorce of the Catholic Church and of the Protestant reformers. From this description grows the book's first theme, the story of the development of divorce legislation. Phillips examines the insistence of Catholic states on marital indissolubility, traces the acceptance in Protestant states of divorce -primarily for adultery- and reviews the strikingly liberal law of revolutionary France. After noting that divorce law was procedurally and substantively secularized in the seventeenth …

Virginia's Equitable Distribution Law: An Owner's Manual, Brett R. Turner

Washington and Lee Law Review

No abstract provided.

J.W.F. V. Schoolcraft: The Husband's Rights To His Wife's Illegitimate Child Under Utah Law, Kim C. Stanger

BYU Law Review

No abstract provided.

Review Of Family And State: The Philosophy Of Family Law, Carl E. Schneider

Reviews

In Family and State: The Philosophy of Family Law, Professor Houlgate sets out to "introduc[e] ... a new subject area in philosophy that [I] call 'the philosophy of family law.'" He defines that area as "the discipline that is concerned to present general normative principles or criteria and to apply these to ethical questions about laws that affect or concern the family." He directs the book to legal scholars, social philosophers, philosophers of law, legislators, laymen, and students.

Book Review Of Abortion And Divorce In Western Law, Joan M. Krauskopf

Journal of Legal Education

No abstract provided.

Surrogacy And The Utah Surrogate Parenthood Act: The Need For An Unambiguous Statement, Jason C. Demille

Brigham Young University Journal of Public Law

No abstract provided.

The Right To Abortion: Anomalous, Absolute, And Ripe For Reversal, James Bopp Jr., Richard E. Coleson

Brigham Young University Journal of Public Law

No abstract provided.

Drawing The Line In Surrogate Parenthood Arrangements: How The Intended Parent Definition Of New York Senate Bill 1429 Denies Equal Protection To Non-Married Persons, K. R. Kaczmarski

In the Public Interest

No abstract provided.

Surrogate Parenthood: Finding A North Carolina Solution, Katharine T. Bartlett

North Carolina Central Law Review

No abstract provided.

Custody Of The Illegitimate Child, Frances Patricia Solari

North Carolina Central Law Review

No abstract provided.

Alimony Reform For North Carolina, Barbara Heggie

North Carolina Central Law Review

No abstract provided.

On The Expressive Functions Of Family Law, Carol Weisbrod

Faculty Articles and Papers

No abstract provided.

Uniform Status Of Children Of Assisted Conception Act: A View From The Drafting Committee, Robert C. Robinson, Paul M. Kurtz

Scholarly Works

The "Status of Children of Assisted Conception" Act was designed primarily to effect the security and well-being of children born and living in our midst as a result of assisted conception. The Conference's Executive Committee and the general Conference, considering the plight of these children, some with five biological parents, some with no readily identifiable biological parents, and some with other deprivations, determined that the greatest priority and first call on the energy and talent of the Drafting Committee was to provide an act which addressed these and other deficiencies.

There was great urgency on the part of the Drafting …

Divorce Reform And Gender Justice, Jana B. Singer

Faculty Scholarship

The modern shift from fault-based to no-fault divorce has disappointed those who expected the no-fault system to eliminate economic inequality between divorced women and men. The fact that women and their dependent children invariably experience economic hardship after a divorce has caused Lenore Weitzman and other commentators to romanticize the "good old days" of fault-based divorce. Professor Singer attacks the logic of this nostalgia by demonstrating that women were 'not[' better off under the fault-based system. She then proposes an investment partnership model of post-divorce allocation which would insure a fair result for both spouses.

Child Support And Visitation: Rethinking The Connections, Karen Czapanskiy

Faculty Scholarship

No abstract provided.

Family Law, Rhonda L. Kerns, David Alan Payne

Loyola University Chicago Law Journal

No abstract provided.

Marriage As A Bad Business Deal: Distribution Of Property On Divorce, Michael D. Bayles

Florida State University Law Review

No abstract provided.

Looking Toward The Future: Feminism And Reproductive Technologies, Isabel Marcus, Rhonda Copelon, Ruth Hubbard, Barbara Katz Rothman, Barbara Omolade

Journal Articles

No abstract provided.

Mcguire V. Farley: The West Virginia Supreme Court Of Appeals Takes A Step Toward Equal Protection For The Unwed Father, David E. Thompson

West Virginia Law Review

No abstract provided.

Surrogate Parenthood: Finding A North Carolina Solution, Katharine T. Bartlett

Faculty Scholarship

No abstract provided.

Independent Representation Of Children In Protection Proceedings, Donald N. Duquette

Book Chapters

In civil child protection proceedings in the United States, children are independently represented by an advocate, usually a lawyer. A growing debate is underway as to what the role of that independent advocate ought to be and who ought to fulfil it. This paper summarizes current research in the U.S. on independent representation of the child, identifies some policy choices in defining the role of the child advocate, and suggests approaches to developing meaningful empirical measures of advocacy.

The State's Interest In The Preservation Of Life: From Quinlan To Cruzan, Philip G. Peters Jr.

Faculty Publications

This article considers the kinds of limits on withholding that each of these policies might plausibly support, compares these limits to the judicial approaches taken in the refusal of treatment cases, and explores how apparent conflicts between these state goals and the interests of the patients might be resolved. Because this article focuses exclusively on the state's interests, however, it necessarily isolates and considers only one portion of a complex problem involving the interests of patients, families, providers, and others. No comprehensive examination of the nature and weight of the patient's interests or those of other involved parties is attempted. …

The Pennsylvania Protection From Abuse Act: 1988 Amendments Provide Greater Protection To Victims Of Domestic Violence, Ellen S. Frank

Villanova Law Review (1956 - )

No abstract provided.

For Better Or Worse: The 1988 Amendments To The Pennsylvania Divorce Code, Carl Sottosanti

Villanova Law Review (1956 - )

No abstract provided.