Family Law Commons^™

Florida's Baker Act Laws: How Florida's Excessive Use Of Baker Acts Can Be Harmful To Children, Kaitlin Gibbs

Gator Team Child Juvenile Law Clinic

The goal of this White Paper is to provide an overview of Florida’s Baker Act Laws. Additionally, this White Paper will show how the excessive use of Baker Acts in Florida can have harmful effects on children, especially those in the dependency system, and potential solutions to reform the Baker Act process.

Constitutional Issues In Family Law: An Annotated Bibliography (Part 2 Of 2), Allen K. Rostron

Faculty Works

Significant constitutional questions often arise in the family law context. This is the second of two bibliographies, in this volume of the Journal of the American Academy of Matrimonial Lawyers, about constitutional issues in family law. It focuses on issues discussed in the articles in this issue of the journal.

Removing Barriers--Not Children: How West Virginia Can Prevent Further Harm To Children, Emily R. Mowry

West Virginia Law Review

West Virginia has one of the highest rates of children in foster care—and thus removed from their families—in the United States. Recent scientific and social science research has shown that removing children from their parents’ home is a traumatic event in and of itself, causing further harm to children already experiencing abuse and neglect. Federal legislation in the past ten years requires that states make reasonable efforts to address issues of abuse and neglect prior to removing children from their homes. West Virginia, for many reasons, is not doing so. West Virginia’s state child welfare agency, Department of Health and …

Child Protection And Infant Mental Health: An Essential Partnership, Claudia M. Gold M.D.

West Virginia Law Review

The core argument of this paper— that listening from stance of curiosity to caregivers who interface with the child protection system holds the key to true protection by supporting child development—stands the test of time. Since its publication a decade ago, two significant changes have occurred. First the field of infant mental health is in the process of a reframing to the term “early relational health,” drawing on the abundance of research evidence showing how early relationships lay the foundation for lifelong growth and development. Second we are in the midst of a long overdue reckoning with social injustice. Principles …

Childist Objections, Youthful Relevance, And Evidence Reconceived, Mae C. Quinn

Dickinson Law Review (2017-Present)

Evidence rules are written by and for adults. As a result, they largely lack the vantage point of youth and are rooted in arm’s-length assumptions about the lives and legal interests of young people. Moreover, because children have been mostly treated as evidentiary afterthoughts, they have been patched into the justice system and its procedures in a piecemeal fashion. Yet, to date, there has been no comprehensive scholarly critique of evidence principles and practices for failing to meaningfully account for youth. And the evidentiary intersection of youth and race has been almost entirely overlooked in legal scholarship. This Article, in …

The Dobbs Effect On West Virginia, Anne Marie Lofaso, Cameron Kiner

West Virginia Law Review

Humans have practiced birth control, including abortion, for thousands of years. Pregnant individuals have sought abortions for many reasons even though the abortion procedure itself has often been dangerous to the pregnant person’s life. Moreover, a stable consensus concerning the debate about when life begins and other questions surrounding abortion has rarely if ever been attained. Notwithstanding the numerous questions raised by this indisputably controversial subject, this article is quite limited in scope. In Section I, we review the development and retrenchment of an individual’s right to terminate their pregnancy starting on January 22, 1973, the day that the United …

In The Best Interests Of Whom?: An Analysis Of Judicial Bias In Custody Disputes Involving Transgender Children, Caden Pociask

Indiana Law Journal

Anti-transgender discrimination and bias loom large in many areas of our society, but perhaps one of the most concerning settings is within the four walls of a courtroom. Evidence suggests that judicial decision making in custody determinations involving transgender children are influenced by anti-transgender bias. In this Note, I examine the current best practice for treating transgender children, the affirmative model, and explore the legal landscape of custody cases involving parents who disagree on how to treat their transgender child. I then suggest a model of comprehensive judicial education reform to help eliminate antitransgender bias from family courts in the …

Friends With Benefits: Expanding Virginia's Domestic Violence And Mutual Protection Order Statutes To Include Reciprocal Beneficiaries, Faith A. Parker

William & Mary Journal of Race, Gender, and Social Justice

On June 26, 2015, the Obergefell decision recognized same-sex marriage. While same-sex couples celebrated their new rights to marriage equality, they still face legal battles in the realm of domestic violence. Both married and unmarried same-sex couples face discrimination when reporting incidents of domestic violence. While most domestic violence statutes are gender-neutral on their face, their implementations disparately impact same-sex couples. Furthermore, domestic violence statutes that include same-sex couples punish same-sex couples more harshly than opposite-sex couples. This Note will examine the domestic violence law in Virginia, arguing that the laws are too vague to properly protect same-sex couples and …

Permasalahan Konsepsi Harta Bersama Dalam Kepemilikan Saham Perseroan Terbatas (Studi Kasus Putusan Nomor 80/Pdt.G/2020/Pn.Jkt.Utr), Mutiara Husna Wahono, Lauditta Humaira

Lex Patrimonium

A limited liability company as a legal entity adheres to the principle of a separate legal entity which creates the concept of limited liability of its shareholders. The existence of these two concepts automatically separates the assets of the limited liability company from the personal assets of its shareholders. Even though the shareholders are part owners of the limited liability company, the shareholders cannot claim the assets of the limited liability company. Shares acquired while in marital status can become joint property. However, the Indonesian Marriage Law does not provide special arrangements or mechanisms regarding the distribution of joint assets, …

The Ties That Bind Us: An Empirical, Clinical, And Constitutional Argument Against Terminating Parental Rights, Vivek S. Sankaran, Christopher Church

Articles

This Article explores the unnecessary termination of a child's relationship with their parent from an empirical, clinical, and constitutional lens. Part I explores administrative data related to TPR, which like many child protection metrics, resembles nothing short of a wild west of practices and policies relating to how often and how fast child protection systems terminate parental rights. These data also reveal how TPR can unnecessarily delay legal permanency for children, particularly those children who are living with extended family, and how a State pursuing TPR can drain its own scarce resources, a system perpetually decrying insufficient resources. Part II …

An Analysis Of Juvenile Gun Violence Mitigation In Columbia, South Carolina, Amelia Shook

Senior Theses

Over the past ten years, the United States has been impacted by the increasing frequency of homicides due to gun violence. Juvenile homicides via firearms are examined on a national, state, and county level by the Centers for Disease Control and Prevention (CDC) and analyzed to showcase adjusted age and years of potential life lost due to gun violence. Data obtained through a CDC database depicts the geographic areas being examined: United States, South Carolina, and Richland County. South Carolina will be singled out and examined individually as it ranks eighth highest in the United States for gun violence. Richland …

The Pitfall Of Child Marriage Dispensation: A Study Of Court Judgments In East Java (Dispensasi Perkawinan Anak Yang Menjerumuskan: Studi Putusan Hakim Di Jawa Timur), Iklilah Muzayyanah Dini Fajriyah, Siti Marhamah, Septiani Anggriani

The Indonesian Journal of Socio-Legal Studies

This article conducted study on court decisions on dispensation for marriage that occurred during the COVID-19 pandemic (June 2020 to February 2021) from the children’s rights perspective. The library research method was chosen to dissect 19 marriage dispensation decisions (12 decisions from religious courts and seven decisions from district courts) in Kraksaan and Sumenep districts, East Java. Child married couples were randomly selected with one or both parties under the age of 18. Three important findings in this study are: 1) the perspective of the best interests of the child has not been the main consideration for judges; 2) judges …

The Gloria And Stanley Plesent Lecture: “Parents’ Rights” And Transgender Children With Professor Dara E. Purvis Penn State Law, Gertrud Mainzer Program In Family Law, Policy And Bioethics, Cardozo Outlaw, Cardozo Family Law Society

2023 Event Invitations

This year’s Gloria and Stanley Plesent Lecture will be given by Professor Dara E. Purvis, a scholar of family law, feminist legal theory, sexuality, gender identity and the law who teaches at Penn State Law. Her work examines gendered impacts of the law and proposes neutralizing reforms, most recently in the context of how the law defines parenthood. Professor Purvis will be discussing the recent spate of state bills and laws related to transgender children.

4th Annual Women In Law Leadership Lecture, Roger Williams University School Of Law

School of Law Conferences, Lectures & Events

No abstract provided.

Family Law Judges And Family Law Judging, Gertrud Mainzer Program In Family Law, Policy And Bioethics, Cardozo Family Law Society

2023 Event Invitations

This program is intended for current students and graduates interested family law, working in a judge’s chambers, or becoming a judge.

Panelists:

• Judge Caroline Cohen, Civil Court Judge, Kings County Family Court, New York
• Judge Esther Morgenstern, Supreme Court Justice, Kings County Integrated Domestic Violence Court, New York
• Judge Jane Pearl, The Mandel Law Firm, Special Counsel; Family Court Judge, New York (retired)
• Judge Andrea Sullivan, Superior Court Judge, Middlesex County Family Court, New Jersey

Child Custody Is No Place For A Magic Formula: Why A Presumption Of 50/50 Physical Custody In West Virginia Is Not In Its Children's Best Interests, Stephanie R. Weber

West Virginia Law Review

The “best interest of the child” standard is used throughout family law and is the generally accepted standard for determining custody disputes. However, many states have introduced, and some have enacted, legislation that creates a presumption of joint, or “50/50,” physical custody between the parents. As psychological studies have shown, instability typically found in custody disputes can have a significant impact on a child’s life, influencing attachment style and abilities to successfully self-regulate. These findings make the 50/50 presumption a flawed concept. Courts should be able to take factors supported by this research into account when making custody determinations as …

The Legal Ethics Of Family Separation, Milan Markovic

Faculty Scholarship

On April 6, 2018, the Trump administration announced a “zero tolerance” policy for individuals who crossed the U.S. border illegally. As part of this policy, the administration prosecuted parents with minor children for unlawful entry; previous administrations generally placed families in civil removal proceedings. Since U.S. law does not allow children to be held in immigration detention facilities pending their parents’ prosecution, the new policy caused thousands of children to be separated from their parents. Hundreds of families have yet to be reunited.

Despite a consensus that the family separation policy was cruel and ineffective, there has been minimal focus …

Legislating Childhood Independence, David Pimentel

Pepperdine Law Review

The legal system has been drawn into the ongoing debate about what constitutes responsible parenting in a world increasingly obsessed with child safety. While statistics show that children are dramatically safer today than ever before, media and popular paranoia about child safety are prompting parents to err on the side of overprotection. Vague statutes exacerbate the problem, enabling law enforcement and child protection authorities to condemn parental choices that fail to adhere to the new hyper-protective orthodoxy. Parents and children are both victimized by this trend. The costs and burdens of parenting have skyrocketed, and children are denied the opportunity …

Adoption Ouroboros: Repeating The Cycle Of Adoption As Rescue, Malinda L. Seymore

Pepperdine Law Review

Ouroboros—the circular symbol of the snake eating its tail; an endless cycle. As the U.S. recently withdrew from Afghanistan in chaos and Russia invaded Ukraine, the attention of Americans turned, as it frequently has in times of international conflict, to the plight of children in need of rescue. For many Americans, rescue is synonymous with adoption. The history of international adoption began with rescues following America’s wars in Europe and Asia and continues today through other violent upheavals. International adoption is an ouroboros, repeating the pattern of adoption as a response to humanitarian crises. But as human and charitable as …

Invisibility And Dis-Identification Of Algerian Women: Feminist Jurisprudence Eyes On The Legal Provisions Related To Personal Status And Criminal, Sophia Lina Meziane

Theses and Dissertations

Much of the debate around women’s rights in legal systems focuses on the increase of protection as a legal mechanism for approaching and guaranteeing gender equality. Yet, what extensive or comprehensive analysis has been done on how effective such laws are when applied? This thesis discusses the extent to which a feminist legal theory, separate and distinct from the patriarchal legal system, can demonstrate how an Islamic or Napoleonic order is conceptually another male rationality. While one could possibly identify inefficiencies of laws proclaiming equality and protection for women, the context of the question is inevitably entrenched in the very …

6th Annual Stonewall Lecture 2-2-2023, Roger Williams University School Of Law

School of Law Conferences, Lectures & Events

No abstract provided.

Adopting Social Media In Family And Adoption Law, Stacey B. Steinberg, Meredith Burgess, Karla Herrera

Utah Law Review

Social media has dramatically changed the landscape facing families brought together through adoption. Just as adoptive families thirty years ago could not have predicted the impact of DNA technology on postadoption family life, adoptive families are only now beginning to grasp the impact of social media connectivity on the lives of their growing children. This change is related both to social media’s impact on family life and to fundamental shifts in our understanding of privacy more generally. Understanding the legal rights of parents and children in these circumstances is a novel and underexplored area of family law, constitutional law, and …

Recognizing The Right To Family Unity In Immigration Law, Eugene Lee

Michigan Law Review

The Trump Administration’s travel ban and separation of families at the U.S.- Mexico border drew newfound attention to the constitutional due process right to family unity. But even before then, the right to family unity has had a substantial history. Rooted in the Supreme Court’s line of privacy rights cases, the right to family unity is amorphous. This ambiguity has given rise to disagreement regarding not only legal doctrine surrounding the right but also whether the right even exists. This Note clarifies this disagreement by offering a historical account of the right to family unity and an overview of three …

Adoption Ouroboros: Repeating The Cycle Of Adoption As Rescue, Malinda L. Seymore

Faculty Scholarship

Ouroboros—the circular symbol of the snake eating its tail; an endless cycle. As the U.S. recently withdrew from Afghanistan in chaos and Russia invaded Ukraine, the attention of Americans turned, as it frequently has in times of international conflict, to the plight of children in need of rescue. For many Americans, rescue is synonymous with adoption. The history of international adoption began with rescues following America’s wars in Europe and Asia and continues today through other violent upheavals. International adoption is an ouroboros, repeating the pattern of adoption as a response to humanitarian crises. But as human and charitable as …

Originalism: Erasing Women From The Body Politic, Malinda L. Seymore

Faculty Scholarship

In Dobbs v. Jackson Women's Health, the Court relied on originalism to excise women from the Constitution. Originalism is purposefully backward-looking. With cherry-picked history, the Court created a future that looks to the past: a past where unwed pregnancy is shameful and can be redeemed only by secret adoption. Yet the case has revealed originalism as a flawed method, harmed the legitimacy of the Court, and energized those supporting abortion rights.

Martin V. Martin, 138 Nev. Adv. Op. 78 (Dec. 01, 2022), Caitlin Gwin

Nevada Supreme Court Summaries

In this decision authored by Justice Stiglich, the Court held that a property settlement incident to a divorce decree is enforceable when it requires a divorcing veteran spouse to make payments from military disability pay. Although federal law prohibits state courts from awarding veteran disability pay in a divorce, the Court found an indemnification provision in a property settlement resulting in the payment of disability pay was enforceable because the parties had previously negotiated and agreed to the terms. While the Court would not have been able to award veteran disability pay as part of a property settlement, the divorcing …

At A Glance: Defining Missouri’S Homeschooling Regulations, Christine Hall

SLU Law Journal Online

American parents have a right to homeschool their children, and it is only growing in popularity. Each state has the power to regulate homeschooling, and some do not regulate it at all. In this article, Christine Hall analyzes the practical application of Missouri's homeschooling statute and argues for a change in these regulations.

Kepastian Hukum Kantor Perwakilan Badan Usaha Jasa Konstruksi Asing Dalam Melakukan Kegiatan Usaha Di Indonesia, Emy Mutia Zahrina

"Dharmasisya” Jurnal Program Magister Hukum FHUI

Representative offices are present in Indonesia in order to meet the needs of global economic growth in all countries. Multinational companies expand their business to other countries through relocation policies. The aim is none other than an effort to reduce production costs through a number of comparative advantages possessed by Indonesia as well as seizing such a large market for these products, and through this way multinational companies benefit. The presence of representative offices in Indonesia is regulated by Presidential Decree Number 90 of 2000 concerning Representative Offices of Foreign Companies. Through the Presidential Decree, the government limits the scope …

Cross-Border Transfer Pricing Sebagai Tindakan Tax Avoidance, Elleanor Rigby Bangun

"Dharmasisya” Jurnal Program Magister Hukum FHUI

Transfer Pricing refers to pricing transaction within and between enterprises situated in different countries and belong to the same multinational group. Cross-border transaction inevitably affects international taxation, especially when multinational enterprises encounter two or more countries that apply different tax collection systems. Consequently, a Tax Treaty (Perjanjian Penghindaran Pajak Berganda/P3B) is made to resolve issues involving double taxation. However, since the Tax Treaty’s benefits vary by country, the investors or companies tend to abuse the agreement in order to gain the most profitable benefits or incentives. Abusing the benefits of Tax Treaty (P3B) could be categorized as an act against …

Resentralisasi Kewenagan Pengelolaan Pertambangan Mineral Dan Batura, Muhammad Salman Al Farisi

"Dharmasisya” Jurnal Program Magister Hukum FHUI

Amendments to Law No. 4 of 2009 became Law No. 4 of 2009 withdrawing almost all local government authority into central authority. Leaving room for delegation of some of the authority of the Central Government to provincial regional governments for the issuance of IPR and SIPB, even district-city governments no longer have space for authority over coal mineral mining matters. the authority of provincial or district/city regional governments in mining affairs, is a concurrent matter which in its handling involves the central government and regional governments, withdraws most of the authority and does not involve regional governments, of course it …