Family Law Commons^™

Terminating The Rights Of Mentally Retarded Parents: Severing The Ties That Bind, 22 J. Marshall L. Rev. 133 (1988), Patricia Werner

UIC Law Review

No abstract provided.

Fetal Abuse: Culpable Behavior By Pregnant Women Or Parental Immunity?, George P. Smith Ii

Scholarly Articles

The purpose of this essay is to demonstrate the pressing need of the law to take decisive action in imposing tort liability for willful and malicious conduct by drug addicted women during their pregnancy. Liability should be imposed notwithstanding the warnings from civil libertarians that the enforcement of such a policy would most assuredly give rise to "prenatal police patrols.'

Confrontation In The Balance: The Protection Of Child Witnesses In West Virginia, Tamara J. Defazio

West Virginia Law Review

No abstract provided.

Protecting The Parental Rights Of Incarcerated Mothers Whose Children Are In Foster Care: Proposed Changes To New York's Terminaton Of Parental Rights Law, Philip M. Genty

Fordham Urban Law Journal

This Article examines the parental rights of incarcerated mothers under New York's foster care and termination of parental rights laws. It describes the foster care system in New York, the grounds for a termination of parental rights proceeding, and the problems that persist despite New York's legislative reforms. After examining these problems, the author proposes several legislative solutions, which include: (1) improving incarcerated parents' access to court proceedings; and (2) requiring social services agencies and prison officials to provide the services necessary to maintain and strengthen the parents' parental relationships. This Article concludes that, while New York has enacted legislation …

Comments: Regulatory Options For Surrogate Arrangements In Maryland, Carol L. Nicolette, Libby Crystal Reamer

University of Baltimore Law Review

No abstract provided.

A Dissent On Joint Custody, Jana B. Singer, William L. Reynolds

Maryland Law Review

No abstract provided.

The Federal Government And A Program Of 'Advance Maintenance' In The United States, David L. Chambers

Book Chapters

Israel and several European nations including Austria, Denmark, Sweden, and West Germany, have adopted programs of ''advance maintenance''-programs under which, in varying forms, the state advances to a custodial parent the child support owed by an absent parent and then seeks to reimburse itself by collecting from the absent parent. The programs differ widely-,on the maximum that the government will advance to any one family, on the number of years an order of advance payments can remain in effect, on the efforts, if any, that the custodial parent must have made to collect from the absent parent-but all have in …

Recent Developments In Family Law: Property Division At Dissolution, Mary Kay Kisthardt

Faculty Works

The law pertaining to the division of property at dissolution has undergone substantial change in recent years. This is due primarily to the adoption of principles of equitable distribution. These principles require the courts to define "marital" property and to develop guidelines to determine how and in what proportion such property is to be divided. This Article will survey some of the significant developments in Missouri in this important area of family law.

Annual Survey Of Virginia Law: Domestic Relations, Donald K. Butler

University of Richmond Law Review

In 1988, the Virginia General Assembly made two significant changes with respect to child support awards. First, the authority of the court has been extended so that the court may order support for a child over the age of eighteen who is still attending high school. In order to award support for a child who is no longer a minor, the child must be "(i) a full-time high school senior, (ii) not self-supporting and (iii) living in the home of the parent seeking or receiving child support, until the child reaches the age of nineteen or graduates from high school, …

Family, Church And State: An Essay On Constitutionalism And Religious Authority, Carol Weisbrod

Faculty Articles and Papers

No abstract provided.

The Intentional Creation Of Fetal Tissue For Transplants: The Womb As A Fetus Farm, 21 J. Marshall L. Rev. 853 (1988), James David Roberts

UIC Law Review

No abstract provided.

Surrogacy And Adoption: A Case Of Incompatibility, Barbara L. Atwell

Elisabeth Haub School of Law Faculty Publications

This Article explores the public policy doctrine relating to contracts generally and examines specific public policies set forth in state adoption statutes. The Article concludes that surrogate parenting agreements are 1) incompatible with consent provisions of state adoption statutes, 2) inconsistent with state laws prohibiting baby-selling, and 3) inconsistent with state adoption provisions that provide for a thorough investigation of the adoptive parents in order to ensure that the adoption serves the child's best interests. Accordingly, this Article suggests that as state legislatures debate the best means of addressing the issue of surrogate parenting, they should recognize that surrogate parenting …

Unsafe Havens: The Case For Constitutional Protection Of Foster Children From Abuse And Neglect, Michael B. Mushlin

Elisabeth Haub School of Law Faculty Publications

The six sections of this Article present the case for direct federal court involvement in aiding foster children who are at risk of abuse and neglect while in foster care. Section I discusses the extent of abuse and neglect in foster care as well as the structural causes of this maltreatment. It also explains the inevitable failure of the political branches of government to confront the problem. Section II describes the constitutional right to safety and surveys the judicial treatment of that right, including the lack of development of the right for children in foster care. Section III discusses differences …

Recent Developments And Proposed Legislative Reform Of The Illinois Adoption Act, Diane Geraghty

Loyola University Chicago Law Journal

No abstract provided.

Family Law—Federal Courts—No Federal Jurisdiction Under The Parental Kidnapping Prevention Act. Thompson V. Thompson, 108 S. Ct. 513 (1988)., Don A. Taylor

University of Arkansas at Little Rock Law Review

No abstract provided.

Wimberly And Beyond: Analyzing The Refusal To Award Unemployment Compensation To Women Who Terminate Prior Employment Due To Pregnancy, Mary F. Radford

Faculty Publications By Year

In Wimberly v. Labor & Industrial Relations Commission, the Supreme Court interpreted section 3304(a)(12) of the Federal Unemployment Tax Act (FUTA), which requires that states not dent unemployment benefits "solely on the basis of pregnancy," as an antidiscrimination statue, rather that one requiring preferential treatment for pregnant and formerly pregnant women. Professor Mary Radford argues that given the ambiguous legislative history and other Supreme Court precedent in the area of unemployment compensation, Wimberly could just as easily have held that FUTA's language requires preferential treatment to pregnant and formerly pregnant women. She further argues that given the current realities that …

Defending Battered Women's Self-Defense Claims, Kit Kinports

Faculty Scholarship

This Article contends that many battered women who kill their abusive spouses can legitimately raise the standard self-defense claim. No substantial extension of self-defense doctrine is required to justify the acquittal of battered women on self-defense grounds. Furthermore, no special "battered women defense" is necessary or even desirable in such cases.

Part I of this Article summarizes the results of psychological research studying abused women and battering relationships. It further explains the concept of the :battered woman syndrome" which describes the effects of sustained physical and psychological abuse by one's husband. Part II discusses the requirements of a successful self-defense …

Protecting The Parental Rights Of Incarcerated Mothers Whose Children Are In Foster Care: Proposed Changes To New York's Termination Of Parental Rights Law, Philip Genty

Faculty Scholarship

In the past decade, the number of female prisoners in New York state and city jails has risen dramatically. Currently, there are 1,890 women incarcerated in New York State prisons, and an additional 1,626 women confined in New York City jails. Approximately seventy- two percent of the women in state prisons are parents, and, according to one informal study, nearly sixty percent of the women in city prisons are single parents with minor children. While some of these women can make formal or informal child care arrangements with relatives or close friends, many others must turn to state-regulated foster care. …

The Case Of Baby M: Love’S Labor Lost, George P. Smith Ii

Scholarly Articles

No abstract provided.

Rights Discourse And Neonatal Euthanasia, Carl E. Schneider

Articles

Hard cases, they say, make bad law. Hard cases, we know, can also make revealing law. Hard cases identify the problems we have not found a way of solving. They reveal ways the law's goals conflict. They force us to articulate our assumptions and to examine our modes of discourse and reasoning. If there was ever a hard case for the law, it is the question of whether, how, and by whom it should be decided to allow newborn children who are severely retarded mentally or severely damaged physically to die. For many years, the law has not had to …

Surrogate Parenting: What Should Legislatures Do?, Marsha Garrison

Faculty Scholarship

No abstract provided.

Plemel As A Primer On Proving Paternity, David H. Kaye

Faculty Scholarship

Although in the past courts only permitted genetic evidence in paternity suits to prove that an accused man was not the father, with the advent of new genetic tests, which easily can exclude ninety to nitey-five percent of the population in most cases, the supreme courts of Massachusetts, Oregon, and Utah have held that various genetic tests may be used to prove paternity. While a positive move, the admissibility of genetic proof of paternity raises serious questions as to the manner in which this evidence should be presented in court. In the interests of efficiency, some jurisdictions seem to dispense …

Facilitative Ethics In Divorce Mediation: A Law And Process Approach, Steven H. Hobbs

University of Richmond Law Review

Mediation is becoming a vital part of family legal problem solving and is creating new challenges for the lawyer practicing in the family law setting. The American Bar Association, the Association of Family and Conciliation Courts and others recently have proposed standards of behavior for mediators where none have existed before. States also have attempted to define the appropriate realm of ethical practice for family mediation.

University Of Richmond Law Review

University of Richmond Law Review

No abstract provided.

Within The Best Interests Of The Child: The Factor Of Parental Status In Custody Disputes Arising From Surrogacy Contracts, Irma S. Russell

Faculty Works

No abstract provided.

Enforcement Of Surrogate Mother Contracts: Case Law, The Uniform Acts, And State And Federal Legislation, James T. Flaherty

Cleveland State Law Review

Surrogate motherhood is possibly the most viable family issue in today's society, and especially in the law. Surrogacy will be treated here solely as a fact of life, and examined solely from the point of view of its legal status under the appropriate Uniform Acts, existing and proposed legislation outside Ohio, and existing Ohio law. It may sound strange that Ohio was chosen as an example, in that a search of Ohio law will not show any law directly dealing with surrogacy. But then, that is the point. Ohio is one of only three states that have adopted both relevant …

Surrogate Parenting After Baby M: The Ball Moves To The Legislature’S Court, John R. Dunne, Gregory V. Serio

Touro Law Review

No abstract provided.

The Problem Of Selecting A Valuation Date For Property Subject To Equitable Distribution In New York

Touro Law Review

No abstract provided.

Reliance Interest In Marriage And Divorce, Margaret F. Brinig, June Carbone

Journal Articles

The first part of this article examines the changing nature of reliance on marriage as the relationship between the spouses and the role of the family has changed. The second section defines the ‘reliance interest,’ as that term has been used to describe contract damages, discusses its application to marriage, and examines the implications for the role of ‘fault’ in the financial allocations to be made upon divorce. The third section describes the varying state reactions to the adoption of no fault divorce and assesses the ability of existing law to protect the reliance interest in marriage. Finally, this article …

Baby M Reconsidered, Judith C. Areen

Georgetown Law Faculty Publications and Other Works

Surrogate mothering depends on treating procreation, an activity traditionally viewed as an integral aspect of family life (and family law), as a service to be purchased in the marketplace and governed by the rules of contract law. Thus surrogacy forces us to confront the differences between two of our most fundamental institutions-the family and the market.