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Articles 6541 - 6570 of 7930
Full-Text Articles in Family Law
Torts - Interspousal Immunity - Unliquidated Tort Claims Between Spouses No Longer Barred - Pennsylvania Abrogates Doctrine Of Interspousal Immunity As Unsupported By Law, Logic, Or Public Policy, James Russell Wells
Villanova Law Review (1956 - )
No abstract provided.
Guarding The Altar: Physiological Restrictions And The Rise Of State Intervention In Matrimony, Michael Grossberg
Guarding The Altar: Physiological Restrictions And The Rise Of State Intervention In Matrimony, Michael Grossberg
Articles by Maurer Faculty
No abstract provided.
Community Property—Washington Allows Separate Tort Recovery From Community Property—Deelche V. Jacobsen, 95 Wn. 2d 237, 622 P.2d 835 (1980), Elizabeth Jane Blagg
Community Property—Washington Allows Separate Tort Recovery From Community Property—Deelche V. Jacobsen, 95 Wn. 2d 237, 622 P.2d 835 (1980), Elizabeth Jane Blagg
Washington Law Review
With the deElche decision, Washington joined the majority of community property states, but did not address several important questions, which will be the subject of this note. This note begins by reviewing prior case law and the structure of community property ownership in general. An analysis of the majority and dissenting opinions in deElche follows. The majority's reasoning and the impact of the decision will then be analyzed. The note concludes that the deElche holding is basically sound, but that the lack of clarity in the opinion leaves several community property questions unsettled.
Cults, Deprogrammers, And The Necessity Defense, Michigan Law Review
Cults, Deprogrammers, And The Necessity Defense, Michigan Law Review
Michigan Law Review
This Note considers the applicability of the necessity defense in criminal prosecutions of parents and deprogrammers. Part I explores the conflicting policies that underlie the traditional necessity defense, and suggests that courts replace their unitary approach to necessity with a "choice of evils" defense - for actors reasonably attempting to avoid a greater evil - and a "compulsion" defense - for actors reacting understandably to the pressure of circumstances. Part II applies these defenses to deprogramming cases, and concludes that rarely may they be advanced successfully.
Women's Rights And The Proposed Family Protection Act, Karen Flax
Women's Rights And The Proposed Family Protection Act, Karen Flax
University of Miami Law Review
In this article, the author examines the potential ramifications of the Family Protection Act, a bill recently introduced in the Senate by Senators Jespen and Laxalt. The author criticizes the bill both as a mechanism for legislatively enforcing the traditional role of women in American society and as a threat to civil liberties in general.
Mills V. Habluetzel, Lewis F. Powell Jr.
Mills V. Habluetzel, Lewis F. Powell Jr.
Supreme Court Case Files
No abstract provided.
"Deprogramming": From The Defense Counsel's Perspective, Albert R. Vermeire
"Deprogramming": From The Defense Counsel's Perspective, Albert R. Vermeire
West Virginia Law Review
We begin with the proposition that the right of freedom of thought protected by the First Amendment against State action includes both the right to speak freely and the right to refrain from speaking at all. A system which secures the right to proselytize religious, political and ideological causes must also guarantee the concomitant right to decline to foster such concepts. The right to speak and the right to refrain from speaking are complementary components of the broader concept of 'individual freedom of mind.' Anguished parents and sympathetic judges; concerned attorneys and psychologists; reality-inducing therapists, police officers and adult or …
The Uniform Child Custody Jurisdiction Act: An Analysis Of Its History, A Prediction Of Its Future, Jane Moran
The Uniform Child Custody Jurisdiction Act: An Analysis Of Its History, A Prediction Of Its Future, Jane Moran
West Virginia Law Review
No abstract provided.
The Impact Of Smith V. Maryland On The Law Of Pen Registers, Mark Bialek
The Impact Of Smith V. Maryland On The Law Of Pen Registers, Mark Bialek
Antioch Law Journal
In Smith v. Maryland,' the Supreme Court was presented with the question of whether the installation and use of a pen register2 constitutes a "search" under the fourth amendment.3 The pen register is a device which can be used to determine the telephone numbers dialed from a phone under investigation or the number of rings on calls coming into the phone. The question was raised by petitioner Michael Lee Smith, who was convicted of robbery, at least in part, based on evidence obtained from the installation and use of a pen register.4 Smith claimed that the use of a pen …
The Adoptee's Right To Know: In Re Adoption Of A Female Infant, Zvi Greismann
The Adoptee's Right To Know: In Re Adoption Of A Female Infant, Zvi Greismann
Antioch Law Journal
Among the most difficult questions arising out of an adoption is whether a record should be reopened at the request of an adult adoptee seeking information about his or her biological parents. In most jurisdictions an adoptee seeking this information must obtain a court order.'Adoption proceedings are statutory and, therefore, proceedings to unseal records are governed by state adoption laws. However,existing statutory standards are vague. Ultimately the decision to grant or deny access is a discretionary one lying with the courts.Further, in exercising their discretion, courts are faced with the difficult problem of resolving potentially conflicting interests of the adoptee, …
Actions For Loss Of Consortium In Washington: The Children Are Still Crying, Gino L. Gabrio
Actions For Loss Of Consortium In Washington: The Children Are Still Crying, Gino L. Gabrio
Washington Law Review
This comment examines the reasons advanced by Washington courts to deny children a cause of action for loss of parental consortium when a parent is negligently injured. It discusses the inconsistent positions that courts and legislatures have taken in awarding or refusing to award recovery for loss of consortium by various classes of plaintiffs, and argues that children, like parents and spouses, should also have a separate consortium action. This comment then proposes guidelines for legislation creating a child's consortium action that limits any dangers of permitting children to recover. Finally, this comment concludes that, if the legislature fails to …
Step-Parent Adoptions In Nova Scotia And British Columbia, Wilfred Oppel
Step-Parent Adoptions In Nova Scotia And British Columbia, Wilfred Oppel
Dalhousie Law Journal
The basic purpose of this article is to examine that area of the law which deals with adoption by step-parents. In particular, the law of Nova Scotia and British Columbia will be considered. The approach taken will be to focus on the relevant statute law and selected cases which deal with the subject under scrutiny. Reference will also be made to recent developments in the law relating to adoption in England. Additionally, the latter part of this paper will deal with some alternatives to the granting of adoptions to step-parents. The particular issues and problems raised by step-parent adoptions, however, …
Loss Of Consortium And The Unmarried Cohabitant: Bulloch V. United States, Paul D. Ellsworth
Loss Of Consortium And The Unmarried Cohabitant: Bulloch V. United States, Paul D. Ellsworth
BYU Law Review
No abstract provided.
Automotive Child Abuse: Keeping Children Alive Is A Matter Of Restraint, Ronald S. Zarowitz
Automotive Child Abuse: Keeping Children Alive Is A Matter Of Restraint, Ronald S. Zarowitz
In the Public Interest
No abstract provided.
Bankruptcy Court Jurisdiction To Modify Alimony Payments Of Chapter 13 Debtors, Peter Swiecicki
Bankruptcy Court Jurisdiction To Modify Alimony Payments Of Chapter 13 Debtors, Peter Swiecicki
University of Michigan Journal of Law Reform
This article examines a bankruptcy court's power to modify a chapter 13 debtor's alimony payments. Part I discusses the bankruptcy court's jurisdiction in chapter 13 cases and the connection between the chapter 13 case and alimony modification proceedings. It then outlines the domestic relations limitation and the resulting conflict between bankruptcy courts and state courts with respect to alimony modification. Part II analyzes various arguments for and against allowing bankruptcy courts to hear alimony modification requests in chapter 13 cases. This analysis reveals that any state interests are far outweighed by the substantial benefits to be gained from consolidating the …
Parents' Rights And Juvenile Court Jurisdiction: A Review Of Before The Best Interests Of The Child, Stanley Z. Fisher
Parents' Rights And Juvenile Court Jurisdiction: A Review Of Before The Best Interests Of The Child, Stanley Z. Fisher
Faculty Scholarship
This new book1 by the authors of Beyond the Best Interests of the Child2 also makes a major contribution to the field of family law. Concentrating this time on the subject of child neglect and abuse, the authors mount a powerful attack on state intrusion into families under current child protection laws. Like Beyond the Best Interests, this book has attracted wide attention and provoked intense controversy. It should be read by all those concerned about the law's impact on children and families.
A Property Theory Of Future Earning Potential In Dissolution Proceedings, Jon Andrew Chandler
A Property Theory Of Future Earning Potential In Dissolution Proceedings, Jon Andrew Chandler
Washington Law Review
State participation in domestic relations, particularly divorce, is a form of societal protection. When the state, through its courts or laws, establishes procedures for the dissolution of a marital community, society is assured a necessary continuity. Although an individual family unit may change, the laws governing divorce provide for preservation of the rights, privileges, and duties of the family relationship. The state accomplishes this first by allocating and establishing title to property of the marriage, and second by providing for the ongoing support of those who had been financially dependent upon the marital community. This comment begins by outlining state …
A Reappraisal Of The Taxation Of Wealth Transfers Incident To Divorce, John P. Steines
A Reappraisal Of The Taxation Of Wealth Transfers Incident To Divorce, John P. Steines
Washington Law Review
The intent of this article is to inspire a review of the entire area of wealth transfers incident to divorce; to take the scope of review beyond fixation on Davis, with the view of integrating the present regimes in a scheme that is less dependent on the subtle and often invisible distinction between support and property rights. The article discusses first, the purpose of the rules governing periodic cash payments; second, the evolution of the rule on transfers of appreciated property; third, an assessment of the need for reform; and fourth, a proposal for unified treatment of all marital wealth …
Modification Of Child Custody Predicated On Cohabitation Of The Custodial Parent: Jarrett V. Jarrett, Fred D. Essig
Modification Of Child Custody Predicated On Cohabitation Of The Custodial Parent: Jarrett V. Jarrett, Fred D. Essig
BYU Law Review
No abstract provided.
Tort—Parental Immunity—Merrick V. Sutterlin, 93 Wn. 2d 411, 610 P.2d 891 (1980), Frederick W. Grimm
Tort—Parental Immunity—Merrick V. Sutterlin, 93 Wn. 2d 411, 610 P.2d 891 (1980), Frederick W. Grimm
Washington Law Review
This note outlines the origins of the doctrine of parentalftort immunity and its development in Washington, placing special emphasis on the doctrine's underlying policies and their applicability in automobile negligence cases. This note then discusses the problems which may arise from the Merrick court's failure to abolish the parental immunity entirely. Looking to the future, this note suggests that the immunity be abolished in favor of a standard of care recognizing the legal duty of a parent to act as a reasonably prudent parent.
A Reappraisal Of The Taxation Of Wealth Transfers Incident To Divorce, John P. Steines
A Reappraisal Of The Taxation Of Wealth Transfers Incident To Divorce, John P. Steines
Washington Law Review
The intent of this article is to inspire a review of the entire area of wealth transfers incident to divorce; to take the scope of review beyond fixation on Davis, with the view of integrating the present regimes in a scheme that is less dependent on the subtle and often invisible distinction between support and property rights. The article discusses first, the purpose of the rules governing periodic cash payments; second, the evolution of the rule on transfers of appreciated property; third, an assessment of the need for reform; and fourth, a proposal for unified treatment of all marital wealth …
A Property Theory Of Future Earning Potential In Dissolution Proceedings, Jon Andrew Chandler
A Property Theory Of Future Earning Potential In Dissolution Proceedings, Jon Andrew Chandler
Washington Law Review
State participation in domestic relations, particularly divorce, is a form of societal protection. When the state, through its courts or laws, establishes procedures for the dissolution of a marital community, society is assured a necessary continuity. Although an individual family unit may change, the laws governing divorce provide for preservation of the rights, privileges, and duties of the family relationship. The state accomplishes this first by allocating and establishing title to property of the marriage, and second by providing for the ongoing support of those who had been financially dependent upon the marital community. This comment begins by outlining state …
Tort—Parental Immunity—Merrick V. Sutterlin, 93 Wn. 2d 411, 610 P.2d 891 (1980), Frederick W. Grimm
Tort—Parental Immunity—Merrick V. Sutterlin, 93 Wn. 2d 411, 610 P.2d 891 (1980), Frederick W. Grimm
Washington Law Review
This note outlines the origins of the doctrine of parentalftort immunity and its development in Washington, placing special emphasis on the doctrine's underlying policies and their applicability in automobile negligence cases. This note then discusses the problems which may arise from the Merrick court's failure to abolish the parental immunity entirely. Looking to the future, this note suggests that the immunity be abolished in favor of a standard of care recognizing the legal duty of a parent to act as a reasonably prudent parent.
Parenting At And After Divorce: A Search For New Models, Carol S. Bruch
Parenting At And After Divorce: A Search For New Models, Carol S. Bruch
Michigan Law Review
A Review of Surviving the Breakup: How Children and Parents Cope with Divorce by Judith S. Wallerstein and Joan Berlin Kelly
Before The Best Interests Of The Child, Douglas J. Besharov
Before The Best Interests Of The Child, Douglas J. Besharov
Vanderbilt Law Review
This book has been hard to criticize for one who, like this reviewer, agrees with its basic premises: (1) that the weakness of child protective capability requires a policy of minimum state intervention into family life, and (2) that when intervention occurs,it should be much more decisive. Yet, application of the rules that the authors suggest would be at great cost, not only to the endangered children whom they exclude from protection, but also to our own view of ourselves. Society cannot turn its back on the real and present suffering of children and still retain its sense of humanity,and …
Family Law: Ought A Professional Degree Be Divisible As Property Upon Divorce?, Beth H. Lamb
Family Law: Ought A Professional Degree Be Divisible As Property Upon Divorce?, Beth H. Lamb
William & Mary Law Review
No abstract provided.
Finn Or Kern? Does A Florida Dissolution Court Possess Authority To Compel Child Support Of Healthy, Majority-Age Children Who Are Attending College?, Lawrence A. Kellogg
Finn Or Kern? Does A Florida Dissolution Court Possess Authority To Compel Child Support Of Healthy, Majority-Age Children Who Are Attending College?, Lawrence A. Kellogg
Florida State University Law Review
No abstract provided.
Parental Kidnapping: Can The Uniform Child Custody Jurisdiction Act And Federal Parental Kidnapping Prevention Act Of 1980 Effectively Deter It?, Rita Mankovich Irani
Parental Kidnapping: Can The Uniform Child Custody Jurisdiction Act And Federal Parental Kidnapping Prevention Act Of 1980 Effectively Deter It?, Rita Mankovich Irani
Duquesne Law Review
Despite the adoption in forty-four states of the Uniform Child Custody Jurisdiction Act, kidnapping remains a widespread alternative for parents who seek custody of their children. The author discusses how the willingness of courts to entertain the custody petition of a parent who has kidnapped his child has provided incentive for child-snatching, and probes section 8 of the Act, which sets forth guidelines for courts to use in determining whether to hear such petitions. Selected cases are presented to illustrate a proper interpretation and application of section 8 in light of the Act's overall purpose. Finally, the author explains the …
Freedom And Choice In Constitutional Law, John H. Garvey
Freedom And Choice In Constitutional Law, John H. Garvey
Scholarly Articles
The constitutional rights of children, the mentally ill, and other legally incompetent persons have been the subject of much litigation in the past twenty years. In this Article, Professor Garvey develops a general theory to explain the different ways in which persons of diminished capacity can be said to enjoy constitutional protections. He first notes that, of the various constitutional provisions, only one kind -freedoms, which protect the right to make choices - pose serious difficulties when applied to persons of diminished capacity. He then proposes a hierarchy of ways in which we can attribute freedoms to such persons: the …
Artificial Insemination Redivivus: Permutations Within A Penumbra, George P. Smith Ii
Artificial Insemination Redivivus: Permutations Within A Penumbra, George P. Smith Ii
Scholarly Articles
Judicial and legislative action are needed in order to chart a course of stability for decision-making in the field of artificial insemination. Because of the lethargy and benign neglect of the medical profession itself in policing this area, the courts will be forced to impose new and higher standards of care and responsibility, thereby tightening the laws of malpractice. Additional clarifying legislation will also have to be enacted creating a presumption at law of legitimacy for the issue born of consensual AID and thereby establishing both the legal rights and duties of the consenting husband. Donor liability should be scrupulously …