Family Law Commons^™

Judge Lawrence W. Kaplan And His Court Cases In Family Division, Court Of Common Pleas Of Allegheny County (1980-1990), Joel Fishman

Law Faculty Publications

In the last issue of the Pennsylvania Family Lawyer, I compiled a list of family law cases decided by Judge R. Stanton Wettick, Jr. for the decade of the 1980s when the Divorce Code was first introduced into the Commonwealth. The local court was a leader in deciding cases that set forth many of the principles that the appellate courts adopted as new law developed. In this article, I present the cases of Judge Lawrence Kaplan who served his entire judicial career in the Allegheny Court of Common Pleas from June 30, 1978 until his retirement on Augst 12, 1998 …

Efforts To Combat Child Trafficking In The Us: Victims And Victim-Witnesses, Katherine Kaufka Walts

Faculty Publications & Other Works

No abstract provided.

Traditional Problems: How Tribal Same-Sex Marriage Bans Threaten Tribal Sovereignty, Marcia Zug

Mitchell Hamline Law Review

No abstract provided.

Close To Zero: The Reliance On Minimum Blood Quantum Requirements To Eliminate Tribal Citizenship In The Allotment Acts And The Post-Adoptive Couple Challenges To The Constitutionality Of Icwa, Abi Fain, Mary Kathryn Nagle

Mitchell Hamline Law Review

No abstract provided.

2016 Survey Of Rhode Island Law: Cases And Public Laws Of Note

Roger Williams University Law Review

No abstract provided.

Racial Anxieties In Adoption: Reflections On Adoptive Couple, White Parenthood, And Constitutional Challenges To The Icwa, Addie C. Rolnick

Scholarly Works

The Indian Child Welfare Act (ICWA) is under fire from people who argue that it interferes with adoptions and violates the constitution by doing so. The current crop of lawsuits is an outgrowth of a 2012 case in which the Supreme Court heard its second-ever challenge to the law. While the Court sidestepped the most far-reaching anti-ICWA arguments, the majority opinion evidenced a deep skepticism about the law. This skepticism led the Court to narrow the law’s application so that it didn’t apply to the family involved, and it seemed to invite further challenges to the law.

In Defense Of The Family: An Argument For Maintaining The Parental Rights Of Incarcerated Women In Texas, Erica D. Benites

The Scholar: St. Mary's Law Review on Race and Social Justice

Abstract Forthcoming

Fathers And Feminism: The Case Against Genetic Entitlement, Jennifer S. Hendricks

Publications

This Article makes the case against a nascent consensus among feminist and other progressive scholars about men's parental rights. Most progressive proposals to reform parentage law focus on making it easier for men to assert parental rights, especially when they are not married to the mother of the child. These proposals may seek, for example, to require the state to make more extensive efforts to locate biological fathers, to require pregnant women to notify men of their impending paternity, or to require new mothers to give biological fathers access to infants.

These proposals disregard the mother's existing parental rights and …

The Law Of Attorney Fees In Family Law Cases, Robert G. Spector, Carolyn S. Thompson

Oklahoma Law Review

No abstract provided.

Rights Of Incarcerated Parents, Angélica Cházaro

Chapters in Books

This chapter discusses the childcare and custody rights of incarcerated parents. According to the U.S. Department of Justice, an estimated 809,800 state and federal prisoners were parents to children under the age of eighteen in 2007. There are approximately 1,706,600 children under the age of eighteen who have a parent in prison.

As a parent in prison, you may fear that your child will not be cared for, that you will lose your child, or that your relationship with your child will suffer while you are incarcerated. This Chapter focuses on New York state law and describes how the law …

The Intersection Of Contract Law, Reproductive Technology, And The Market: Families In The Age Of Art, Deborah Zalesne

University of Richmond Law Review

No abstract provided.

Who Is Parent And Who Is Child In Same-Sex Family? - Legislative And Judicial Issues For Lgbt Families Post-Separation, Part Ii: The U.S. Perspective, Mary Kay Kisthardt, Richard A. Roane

Faculty Works

No abstract provided.

The Law Of Attorney Fees In Family Law Cases, Robert G. Spector, Carolyn S. Thompson

Faculty Articles

No abstract provided.

Making It Up: Lessons For Equal Protection Doctrine From The Use And Abuse Of Hypothesized Purposes In The Marriage Equality Litigation, Steve Sanders

Articles by Maurer Faculty

To survive rational basis scrutiny under the Equal Protection Clause, a law must serve a governmental purpose which is at least legitimate. It is well established that legitimate purposes can sometimes be found through speculation and conjecture-that is, they may be hypothesized-in order to avoid the difficulties of identifying actual purpose or the specter of courts second-guessing legislative judgments. But hypothesized purposes can be abused, and such abuse was rampant in the states' defenses of their bans on same-sex marriage, bans which were ultimately invalidated in Obergefell v. Hodges.

This Article draws on the federal marriage litigation as a lens …

Child Support Collections To Offset Out Of Home Placement Costs: A Study Of Cost Effectiveness, Trish Skophammer

School of Business Student Theses and Dissertations

Families experiencing out-of-home placement (OHP) are in crisis. The fact that a child has been removed from the home means the family has become involved with the child welfare or juvenile justice system. Families that experience OHP are disproportionately poor, and the reasons for OHP often stem from poverty. Because OHP is expensive, and society values parental responsibility, federal and state laws require that parents be referred to the child support system to help offset the cost of OHP through child support collections. This study explores practices around OHP cases in the child support system and adds to the small …

Redefining The Standard: Who Can Be A Person Legally Responsible For The Care Of A Child Under The Family Court Act?, Alexsis Gordon

Touro Law Review

No abstract provided.

The Moral And Economic Advantages Of Raising The Age Of Criminal Responsibility In New York Among Juvenile Offenders, And Plans For Rehabilitation, Patrick Harty

Touro Law Review

No abstract provided.

Protecting Subject Children In Family Court And Beyond: The Necessity To Utilize Identical Confidentiality Measures Between Article 6 Lincoln Hearings And Article 10 Lincoln Hearings, Bradley Kaufman

Touro Law Review

No abstract provided.

In The Shadow Of A Myth: Bargaining For Same-Sex Divorce, Noa Ben-Asher

Faculty Publications

This Article explores a relatively new phenomenon in family law: same-sex divorce. The Article’s central claim is that parties to the first wave of same-sex divorces are not effectively bargaining against the backdrop of legal dissolution rules that would govern in the absence of an agreement. In other words, to use Robert Mnookin and Lewis Kornhauser’s terminology, they are not “bargaining in the shadow of the law.” Instead, the Article argues, many same-sex couples today bargain in the shadow of a myth that same-sex couples are egalitarian—that there are no vulnerable parties or power differentials in same-sex divorce.

The Article …

Tradition And Culture In Africa: Practices That Facilitate Trafficking Of Women And Children, Norah Hashim Msuya

Dignity: A Journal of Analysis of Exploitation and Violence

Many states in Africa have adopted legislative, administrative and institutional measures to combat trafficking in human beings. These measures include, among other things, the formulation and implementation of both national and regional action plans by African states to provide for comprehensive and coordinated interventions. Many African countries have also enacted an anti-trafficking legislation at the country level. Despite these measures, African women and children have been trafficked annually worldwide for purposes of forced labor, sexual exploitation, and domestic servitude. Additionally, women and children are trafficked within their countries from rural to urban areas. Misconception and abuse of African tradition and …