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Articles 6451 - 6480 of 7930
Full-Text Articles in Family Law
For Richer Or Poorer, 'Til Decree Do Us Part - A Spouse's Entitlement To Division Of Pension Funds And Professional Degrees As Marital Property, Linda A. Malone
For Richer Or Poorer, 'Til Decree Do Us Part - A Spouse's Entitlement To Division Of Pension Funds And Professional Degrees As Marital Property, Linda A. Malone
Faculty Publications
No abstract provided.
Ground Rules For Custody Mediation And Modification, Andrew Schepard, Melissa D. Philbrick, Dvora Wolff Rabino
Ground Rules For Custody Mediation And Modification, Andrew Schepard, Melissa D. Philbrick, Dvora Wolff Rabino
Hofstra Law Faculty Scholarship
This Article describes an approach to resolving some of the strategic and ethical problems faced by attorneys who wish to mediate the custody disputes of divorcing parents. Part I of the Article sets forth some of the issues custody mediators necessarily confront and the setting in which we attempted to resolve them. Part II discusses the mediation ground rules that we developed to ensure that the mediation process would be both beneficial for the child and his family and ethical for attorneys working with mental health professionals. Because future disputes might develop and circumstances could change, Part III suggests a …
Drafting Cohabitation, Antenuptial, And Reconciliation Agreements, Peter N. Swisher
Drafting Cohabitation, Antenuptial, And Reconciliation Agreements, Peter N. Swisher
Law Faculty Publications
No abstract provided.
The Professional Degree As Marital Property Under North Carolina's Equitable Distribution Statute, Darnell A. Batton
The Professional Degree As Marital Property Under North Carolina's Equitable Distribution Statute, Darnell A. Batton
Campbell Law Review
The Legislature in enacting the North Carolina Act for Equitable Distribution of Marital Property altered the common law approach of dividing property upon divorce strictly according to record title. Under the new statute, marriage is viewed as a joint venture to acquire property through monetary and non-monetary efforts of each spouse. The Legislature authorizes the courts to reward these mutual efforts by dividing marital property in an equitable fashion. Marital property is that real or personal property acquired during marriage which is traceable to the joint efforts of both spouses. Under the new statute, only that property classified as "marital …
Coercive Governmental Intervention And The Family: A Comment On North Carolina's Proposed Standards, The Hon. Clarence E. Horton Jr.
Coercive Governmental Intervention And The Family: A Comment On North Carolina's Proposed Standards, The Hon. Clarence E. Horton Jr.
Campbell Law Review
It is ... the purpose of this comment ... to examine the broad changes which the proposed standards would make in the present child-protection and foster care system, and to suggest additional areas in which further study is needed.
Rethinking Joint Custody, Elizabeth S. Scott, Andre Derdeyn
Rethinking Joint Custody, Elizabeth S. Scott, Andre Derdeyn
Faculty Scholarship
A small revolution has begun in child custody law, and as yet its dimensions and ultimate direction are uncertain. Joint custody, the sharing of legal authority by divorced or separated parents over their children, is gaining acceptance as the best arrangement for most children when their parents divorce. The legal system is embracing this arrangement with remarkable enthusiasm, although until recently it was viewed as being of questionable legality and antithetical to the best interest of the child. Today, thirty states have joint custody laws, most of which have been enacted since 1980. A growing number of the more recent …
Human Leukocyte Antigen Testing: Technology Versus Policy In Cases Of Disputed Parentage, Patricia B. Blumberg
Human Leukocyte Antigen Testing: Technology Versus Policy In Cases Of Disputed Parentage, Patricia B. Blumberg
Vanderbilt Law Review
This Note assumes that the judicial trend of using HLA test results as affirmative evidence" will continue, and accepts the proposal that these results are scientifically reliable.' The Note will focus on the policy considerations and arguments that should affect the admissibility of the HLA blood test as affirmative evidence in various disputed parentage cases.This Note first examines the use of HLA test results to determine the paternity of illegitimate children who do not have a legal father, and concludes that courts should admit the results unconditionally in these circumstances. Second, the Note analyzes the use of the HLA blood …
The Non-Lawyer Guardian Ad Litem In Child Abuse And Neglect Proceedings: The King County, Washington, Experience, Nancy Neraas
The Non-Lawyer Guardian Ad Litem In Child Abuse And Neglect Proceedings: The King County, Washington, Experience, Nancy Neraas
Washington Law Review
Part I of this Comment surveys the various theories of the role of the guardian ad litem in child abuse proceedings. Part II turns to the need for independent representation for abused children and the appropriate role of the guardian ad litem. It demonstrates that neither the state nor the parents can adequately protect the interests of abused children and concludes that a guardian ad litem plays an important role for the children. Part III outlines the Washington state child abuse legislation and discusses the use of guardians ad litem in Washington child abuse proceedings. This legislation provides the framework …
Palmore V. Sidoti, Lewis F. Powell Jr.
Kirkpatrick V. Christian Home Of Abilene, Lewis F. Powell Jr.
Kirkpatrick V. Christian Home Of Abilene, Lewis F. Powell Jr.
Supreme Court Case Files
No abstract provided.
Inequality In Marital Liabilities: The Need For Equal Protection When Modifying The Necessaries Doctrine, Debra S. Betteridge
Inequality In Marital Liabilities: The Need For Equal Protection When Modifying The Necessaries Doctrine, Debra S. Betteridge
University of Michigan Journal of Law Reform
This Note contends that the "primary/secondary" modification is unconstitutional because it ignores the husband's equal protection rights while unlawfully stigmatizing women as dependent. Part I discusses how the growing independence of women has led courts to modify the common law doctrine. Part II develops the test that the Supreme Court would apply in judging the constitutionality of any modification of the doctrine. Part III applies this test to the "primary/secondary" modification and concludes that the modification is unconstitutional and, therefore, not a legitimate reformation of the common law necessaries doctrine.
Larue V. Larue: Equitable Distribution Of Marital Assets Finally Available In West Virginia, Gerald A. Kinchy
Larue V. Larue: Equitable Distribution Of Marital Assets Finally Available In West Virginia, Gerald A. Kinchy
West Virginia Law Review
No abstract provided.
Involuntary Sterilization In Virginia: From Buck V. Bell To Poe V. Lynchburg, Paul A. Lombardo
Involuntary Sterilization In Virginia: From Buck V. Bell To Poe V. Lynchburg, Paul A. Lombardo
Faculty Publications By Year
No abstract provided.
Community Property Law In The United States, By W.S. Mcclanahan (1982) And Community Property In The United States, By William A. Reppy, Jr. And Cynthia A. Samuel (1982), Harry M. Cross
Washington Law Review
These two books with almost identical titles serve similar purposes for two different audiences—the McClanahan treatise for the practicing lawyer, the Reppy and Samuel casebook for the law student (and professor). Both books present the current community property law of the several American states, and in both the coverage of the principles of community property law as that law has developed in the United States will facilitate comparative analysis. This coverage may also minimize the apparent provincialism of decisions in the several states, at least for those problems not already resolved and therefore constrained by stare decisis.
Parental Notification And Abortion: A Review And Recommendation To West Virginia's Legislature, David W. Frame West Virginia University College Of Law
Parental Notification And Abortion: A Review And Recommendation To West Virginia's Legislature, David W. Frame West Virginia University College Of Law
West Virginia Law Review
No abstract provided.
Marital Status Discrimination: A Survey Of Federal Caselaw, Joyce D. Edelman
Marital Status Discrimination: A Survey Of Federal Caselaw, Joyce D. Edelman
West Virginia Law Review
No abstract provided.
Domestic Relations, Catherine Munster
Book Note Of Child Custody: A Study Of Families After Divorce, - -
Book Note Of Child Custody: A Study Of Families After Divorce, - -
Journal of Legal Education
No abstract provided.
Who Speaks For The Child: The Problems Of Proxy Consent, Michigan Law Review
Who Speaks For The Child: The Problems Of Proxy Consent, Michigan Law Review
Michigan Law Review
A Review of Who Speaks for the Child: The Problems of Proxy Consent edited by Willard Gaylin and Ruth Macklin
Blest Be The Tie That Binds, Joan Heifetz Hollinger
Blest Be The Tie That Binds, Joan Heifetz Hollinger
Michigan Law Review
A Review of The New Family and the New Property by Mary Ann Glendon
Illegitimacy: An Examination Of Bastardy, Michigan Law Review
Illegitimacy: An Examination Of Bastardy, Michigan Law Review
Michigan Law Review
A Review of Illegitimacy: An Examination of Bastardy by Jenny Teichman
Texas Adoption Laws And Adoptee's Rights Of Access To Confidential Records., Cynthia A. Rucker
Texas Adoption Laws And Adoptee's Rights Of Access To Confidential Records., Cynthia A. Rucker
St. Mary's Law Journal
Since the adoption process affects the lives of numerous people, courts must reach a decision which benefits all parties involved in the process. Many adoptees retain an emotional desire, or a psychological need, to ascertain the identity of their birth parents. This desire or need is in direct conflict with state statutes mandating adoption information remain sealed and confidential. In recent years, courts across the country have considered several cases challenging the validity of confidentiality statutes on constitutional grounds. Primarily, adoptees have asserted confidentiality statutes deny them a fundamental right to privacy, a right to receive information, and a right …
The Marriage Contract, Michigan Law Review
The Marriage Contract, Michigan Law Review
Michigan Law Review
A Review of the The Marriage Contract by Lenore J. Weitzman
Virginia's Domestic Relations Long-Arm Legislation: Does Its Reach Exceed Its Due Process Grasp?, E. Roy Hawkens
Virginia's Domestic Relations Long-Arm Legislation: Does Its Reach Exceed Its Due Process Grasp?, E. Roy Hawkens
William & Mary Law Review
No abstract provided.
Why Terminate Parental Rights, Marsha Garrison
Why Terminate Parental Rights, Marsha Garrison
Faculty Scholarship
No abstract provided.
Illegitimacy: Suggestion For Reform Following Mills V. Halbluetzel, Raymond C. O'Brien
Illegitimacy: Suggestion For Reform Following Mills V. Halbluetzel, Raymond C. O'Brien
Scholarly Articles
In the recent decision of Mills v. Habluetzel, the Supreme Court implies that as technology advances and scientific tests make the determination of biological paternity more certain, the state or governmental interest in avoiding evidentiary problems of false claims, will cease to justify the use of any facile statutory denials of substantive rights claimed by illegitimates First, in the advent of scientific ability to prove the fact of paternity, unrealistic legal prerequisites or statutory limitations extinguishing the rights of illegitimates will not prevail under a constitutional analysis. Second, the use of science implies greater inquiry into all aspects of the …
Criminal Law - A New Means To Combat Child Abuse?, Janet Coleman
Criminal Law - A New Means To Combat Child Abuse?, Janet Coleman
Campbell Law Review
This note will examine State v. Walden in light of prior North Carolina law, in relation to the new law it creates, as well as the policy interests involved in this area of criminal liability.
Law, Social Change And Child Snatching, Christopher Carlson, Paul Lansing, Thomas Sweeney
Law, Social Change And Child Snatching, Christopher Carlson, Paul Lansing, Thomas Sweeney
Loyola University Chicago Law Journal
No abstract provided.
Maryland's Exchangeable Children: A Critique Of Maryland's System Of Providing Services To Mentally Handicapped Children, Susan P. Leviton, Nancy B. Shuger
Maryland's Exchangeable Children: A Critique Of Maryland's System Of Providing Services To Mentally Handicapped Children, Susan P. Leviton, Nancy B. Shuger
Maryland Law Review
No abstract provided.