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Agree To Disagree: Moving Tennessee Toward Pure No-Fault Divorce, Evan Wright 2017 Lincoln Memorial University

Agree To Disagree: Moving Tennessee Toward Pure No-Fault Divorce, Evan Wright

Lincoln Memorial University Law Review Archive

This Note addresses Tennessee's no-fault divorce statute. Currently, married couples are forced to either agree on all issues or prove at least one fault ground. This author contends that the current law imposes an unnecessary burden on litigants, which wastes precious resources that Tennessee families could use for more productive purposes. Moreover, pure no-fault states have not seen a disproportionate rise in divorce rates. Last, pure no-fault divorce better reflects current societal trends and the evolving effect of religious affiliation on how a younger generation defines morality.


Zoning For The Elderly And Family Rights, Ralph J. Libsohn 2017 St. John's University School of Law

Zoning For The Elderly And Family Rights, Ralph J. Libsohn

The Catholic Lawyer

No abstract provided.


Marriage, Millennials, And Massive Student Loan Debt, Victoria J. Haneman 2017 Concordia University School of Law

Marriage, Millennials, And Massive Student Loan Debt, Victoria J. Haneman

Concordia Law Review

The purpose of this Essay is to explore the idea that the student loan indebtedness bearing down upon the majority of today’s college graduates creates economic insecurity that forces borrowers to reject or significantly delay marriage, and that burden, taken together with an already lukewarm Millennial attitude, may not bode well for the future of the institution. Record numbers of Millennials have rejected the traditional path of marriage-homeownership-children, and the percentage of Millennials who will marry by age 40 is projected to fall lower than the figure for any previous generation of Americans. To the extent that marriage is an …


A Longitudinal And Experimental Study Of The Impact Of Knowledge On The Bases Of Institutional Trust, Lisa M. PytlikZillig, Christopher D. Kimbrough, Ellie Shockley, Tess M.S. Neal, Mitchel Herian, Joseph A. Hamm, Brian H. Bornstein, Alan Tomkins 2017 University of Nebraska

A Longitudinal And Experimental Study Of The Impact Of Knowledge On The Bases Of Institutional Trust, Lisa M. Pytlikzillig, Christopher D. Kimbrough, Ellie Shockley, Tess M.S. Neal, Mitchel Herian, Joseph A. Hamm, Brian H. Bornstein, Alan Tomkins

Lisa PytlikZillig Publications

This study examined a knowledge-centered theory of institutional trust development. In the context of trust in water regulatory institutions, the moderating impact of knowledge was tested to determine if there were longitudinal changes in the bases of institutional trust as a function of increases in knowledge about a target institution. We hypothesized that as people learn about an institution with which they were previously unfamiliar, they begin to form more nuanced perceptions, distinguishing the new institution from other institutions and relying less upon their generalized trust to estimate their trust in that institution. Prior to having specific, differential information about …


Domestic Violence And Enforcement Of Protection From Abuse Orders: Simple Fixes To Help Prevent Intra-Family Homicide, Nicole R. Bissonnette 2017 University of Maine School of Law

Domestic Violence And Enforcement Of Protection From Abuse Orders: Simple Fixes To Help Prevent Intra-Family Homicide, Nicole R. Bissonnette

Maine Law Review

Domestic violence has long been recognized as a pressing law enforcement and societal concern, and both federal and state governments have continued to pursue strategies to address the issue. Beyond the criminal threatening, assaults, batteries, and other physical atrocities that victims face, domestic violence provides an added horror—“obliterating personhood, suspending identity and nullifying any notion of personal autonomy.” To address these concerns, legislatures created Protection from Abuse Orders (hereinafter PFAs), to protect those that have been subject to abuse from trusted family members or dating partners. Unfortunately, victims then place their trust in the system, which often fails to deter …


Petit V. Adrianzen, 133 Nev. Adv. Op. 15 (Apr. 13, 2017), Skyler Sullivan 2017 Nevada Law Journal

Petit V. Adrianzen, 133 Nev. Adv. Op. 15 (Apr. 13, 2017), Skyler Sullivan

Nevada Supreme Court Summaries

The Court considers, as a matter of first impression, the standard of proof to be applied by district courts in resolving initial naming disputes of a child of married parents. The focus should be on the best interest of the child and neither parent should have the burden of proof. The Court held the district court determined the child’s name should be hyphenated to include both parent’s surnames and, in doing so, considered the best interests of the child and, thus, the order is affirmed.


Recognizing Gestational Surrogacy Contracts: "Baby-Steps" Toward Modern Parentage Law In Maine After Nolan V. Labree, Adam Quinlan 2017 University of Maine School of Law

Recognizing Gestational Surrogacy Contracts: "Baby-Steps" Toward Modern Parentage Law In Maine After Nolan V. Labree, Adam Quinlan

Maine Law Review

In Nolan v. LaBree, a husband and wife filed a complaint seeking a judgment declaring their legal parentage of a newborn child born via gestational surrogacy. All parties surrounding the birth of this child entered into a surrogacy contract and are in agreement that the genetic mother and father bringing this suit should be declared as the legal parents. When the child was born, however, the birth certificate did not reflect the intentions of the contract, listing the parents as the surrogate mother and the surrogate mother’s spouse. The trial court, following an uncontested hearing, declared the requested paternity determination …


"In Sickness And In Health, Until Death Do Us Part": An Examination Of Fmla Rights For Same-Sex Spouses And A Case Note On Obergefell V. Hodges, Jasmine Foo 2017 Pepperdine University

"In Sickness And In Health, Until Death Do Us Part": An Examination Of Fmla Rights For Same-Sex Spouses And A Case Note On Obergefell V. Hodges, Jasmine Foo

Journal of the National Association of Administrative Law Judiciary

This note discusses the history of the lesbian, gay, bisexual, and transgender (LGBT) struggle for equal rights alongside the Supreme Court's recent ruling in Obergefell v. Hodges and uses this to examine the potential effect on the rights granted to same-sex spouses by the Family Medical Leave Act (FMLA). Part II records the jurisprudence that has slowly evolved over the past forty to fifty years to make the present a more hospitable era for same-sex marriage to take root today. Part III gives a general overview of the FMLA's history and current form. Part IV reviews the facts prompting the …


Will Focusing On Men's Moral Calculus Make Abortion Less "About" Gender?, Linda C. McClain 2017 Boston University School of Law

Will Focusing On Men's Moral Calculus Make Abortion Less "About" Gender?, Linda C. Mcclain

Faculty Scholarship

Decades ago, feminist leader Gloria Steinem quipped that, “if men could get pregnant, abortion would be a sacrament.” As President Trump reinstates restrictions on women’s reproductive rights that the Obama Administration lifted (such as the “global gag rule”), the visual imagery of Trump signing executive orders while surrounded by an audience of white men raises – once again – the question of how gender shapes the abortion issue. In the recent unsuccessful Republican effort to repeal “Obamacare,” when Kansas Senator Pat Roberts was asked whether he supported removing the mandate that insurance companies cover “essential health benefits” such as maternity …


Sealed Records In Adoptions: The Need For Legislative Reform, Patricia Gallagher Lupack 2017 St. John's University School of Law

Sealed Records In Adoptions: The Need For Legislative Reform, Patricia Gallagher Lupack

The Catholic Lawyer

No abstract provided.


Marriage Contracts For The Mentally Retarded, John B. Murray 2017 St. John's University School of Law

Marriage Contracts For The Mentally Retarded, John B. Murray

The Catholic Lawyer

No abstract provided.


Commitment To And In Marriage, Leon Salzman 2017 St. John's University School of Law

Commitment To And In Marriage, Leon Salzman

The Catholic Lawyer

No abstract provided.


Homosexuality And Validity Of Matrimony - A Study In Homo-Psychosexual Inversion, John Rogg Schmidt 2017 St. John's University School of Law

Homosexuality And Validity Of Matrimony - A Study In Homo-Psychosexual Inversion, John Rogg Schmidt

The Catholic Lawyer

No abstract provided.


Parental Blame Frame: An Empirical Examination Of The Media's Portrayal Of Parents And Their Delinquent Juveniles, Ashley Wellman, Eve Brank, Katherine Hazen 2017 University of Central Missouri

Parental Blame Frame: An Empirical Examination Of The Media's Portrayal Of Parents And Their Delinquent Juveniles, Ashley Wellman, Eve Brank, Katherine Hazen

Center on Children, Families, and the Law: Faculty Publications

The most recent study discussed in this article examines how the media report issues of parental responsibility and blame regarding acts of juvenile delinquency. To accomplish this goal, we examined the frequency, context, and framing of parental responsibility in local and national print media via two content analyses. The results demonstrate that national media sources depict the notion of parental responsibility, whereas local media stories rarely mention parents. The national stories offer distant, more global statements of parental responsibility, while the local, specific stories tend to avoid any parental blame. The findings in this paper mirror public opinion polls that …


Anchoring More Than Babies: Children's Rights After Obergefell V. Hodges, Susan Hazeldean 2017 Brooklyn Law School

Anchoring More Than Babies: Children's Rights After Obergefell V. Hodges, Susan Hazeldean

Faculty Scholarship

No abstract provided.


Taking Aim At Family Violence: A Report On The Dallas County Gun Surrender Program, Laura Choi, Rachel Elkin, Monica Harasim, Natalie Nanasi 2017 Southern Methodist University, Dedman School of Law

Taking Aim At Family Violence: A Report On The Dallas County Gun Surrender Program, Laura Choi, Rachel Elkin, Monica Harasim, Natalie Nanasi

Hunter Center Publications

The Dallas County Gun Surrender Program (“the program”) provides domestic violence offenders who are legally barred from possessing firearms a safe and secure way to surrender any guns they own. Existing state and federal laws prohibit offenders from possessing firearms for a statutorily-specified period of time; offenders who violate the law by possessing guns also expose themselves to criminal penalties. However, prior to the launch of the Program, offenders in Dallas County had few ways to comply with these laws or were unaware that they were required to surrender their firearms. As a result, many offenders continued to possess firearms …


Children Crossing Borders: Internationalizing The Restatement Of The Conflict Of Laws, Louise Ellen Teitz 2017 Roger Williams University School of Law

Children Crossing Borders: Internationalizing The Restatement Of The Conflict Of Laws, Louise Ellen Teitz

Law Faculty Scholarship

No abstract provided.


Collaborative Divorce: What Louis Brandeis Might Say About The Promise And Problems?, Susan Saab Fortney 2017 Texas A&M University School of Law

Collaborative Divorce: What Louis Brandeis Might Say About The Promise And Problems?, Susan Saab Fortney

Faculty Scholarship

If you ask legal ethics scholars what they remember about Louis D. Brandeis's judicial confirmation hearings, most would point to the manner in which he responded to questions about his representation of persons with perceived conflicts of interest. Louis Brandeis responded to challenges by stating that he was "counsel for the situation. Some use this comment when examining problems associated with a single lawyer representing multiple clients in the same transaction. Others believe that Brandeis may have been referring to a type of intermediary role in which lawyers attempt to adjust the rights and interests of multiple clients with potentially …


Editorial Notes: April 2017, Barbara A. Babb 2017 University of Baltimore School of Law

Editorial Notes: April 2017, Barbara A. Babb

All Faculty Scholarship

This issue of Family Court Review (FCR) begins by honoring the life and memory of Ruth Stern, former Managing Editor of Family Court Review, who passed away in October, 2016. Her husband, Professor Herbie DiFonzo, offers glimpses into Ruth's life and their life together. Coming from a baseball family myself, I am particularly moved by Ruth's and Herbie's mutual passion for the New York Mets. It is obvious from the details Herbie graciously shares that theirs was a love and a life of unique tenderness and togetherness. I am deeply grateful to Herbie for allowing us the privilege to publish …


Time To Hold Last Rites For Martial-Rape Immunity, Tan K. B. EUGENE 2017 Singapore Management University

Time To Hold Last Rites For Martial-Rape Immunity, Tan K. B. Eugene

Research Collection Yong Pung How School Of Law

When Minister for Social and Family Development Tan Chuan-Jin said earlier this month in Parliament that the Government was “actively reviewing” a husband’s limited immunity from marital rape, he asserted that a married woman should have equal protection against sexual violence as an unmarried woman.


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