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Family Law, Allison Anna Tait 2016 University of Richmond School of Law

Family Law, Allison Anna Tait

University of Richmond Law Review

No abstract provided.


Family Law, Allison Anna Tait 2016 University of Richmond

Family Law, Allison Anna Tait

Law Faculty Publications

In the past year, Virginia courts have addressed a range of family law questions—new and old—that reflect the changing landscape of families and marriage. Questions related to same-sex marriage and divorce have begun to appear on Virginia court dockets, including an important case the Supreme Court of Virginia decided this year with respect to same-sex couples cohabiting and the termination of spousal support. Family law courts also saw shifts in gender norms—wives paying spousal support to their husbands and fathers being awarded physical custody of their children. These legal questions tested the limits of statutory language and helped to expand …


Leave And Marriage: The Flawed Progress Of Paternity Leave In The U.S. Military, T. J. Keefe 2016 William & Mary Law School

Leave And Marriage: The Flawed Progress Of Paternity Leave In The U.S. Military, T. J. Keefe

William & Mary Law Review

No abstract provided.


The First Decade Of The Family Law Section, Rev. Robert F. Drinan, S.J. 2016 St. John's University School of Law

The First Decade Of The Family Law Section, Rev. Robert F. Drinan, S.J.

The Catholic Lawyer

No abstract provided.


College Education Held A "Necessary" In Alimony Decree, 2016 St. John's University School of Law

College Education Held A "Necessary" In Alimony Decree

The Catholic Lawyer

No abstract provided.


A World Wide Web Of Unwanted Children: The Practice, The Problem, And The Solution To Private Re-Homing, S. Megan Testerman 2016 University of Florida Levin College of Law

A World Wide Web Of Unwanted Children: The Practice, The Problem, And The Solution To Private Re-Homing, S. Megan Testerman

Florida Law Review

A deplorable practice has emerged in the world of adoption. Adoptive families are now using the Internet to give their unwanted adopted children over to complete strangers, some of whom are traffickers, pedophiles, child pornographers, or worse. This practice is known as private rehoming. Through the use of online message boards and a simple notarized power of attorney document, adoptive parents are circumventing the adoption system—including its home study and background check requirements for prospective parents—and placing children in great danger. Because only a handful of states have enacted legislation directly targeting private re-homing and because no such legislation exists …


Brief Amici Curiae Of Professors Of History, Political Science, And Law In Support Of Respondent, Kristin Collins, Catherine E. Stetson, Jessica K. Jacobs 2016 Boston University School of Law

Brief Amici Curiae Of Professors Of History, Political Science, And Law In Support Of Respondent, Kristin Collins, Catherine E. Stetson, Jessica K. Jacobs

Faculty Scholarship

Sex-based laws premised on archaic presumptions about the proper roles of men and women run afoul of established constitutional principles, especially when they interfere with the parent-child relationship. Amici write to explain the history of the federal government’s use of sex-based classifications in the regulation of citizenship. In its regulation of intergenerational and interspousal citizenship transmission, the federal government has perpetuated outdated gender-based norms concerning proper parental roles, even when those norms have been rejected in other legal and social contexts. In addition, the laws governing derivative citizenship have significantly encumbered the ability of American fathers to transmit citizenship to …


An Evolution Of Tradition: Understanding The Unintended Effects Of The 1999 Inheritance And Marital Property Law On Intra-Family Relationships In Rwanda., Pete Freeman 2016 SIT Study Abroad

An Evolution Of Tradition: Understanding The Unintended Effects Of The 1999 Inheritance And Marital Property Law On Intra-Family Relationships In Rwanda., Pete Freeman

Independent Study Project (ISP) Collection

In the months following the 1994 genocide in Rwanda, a disproportionate number of Rwandan women were left without husbands, homes, family, or property. These losses required women to take on cultural responsibilities hitherto reserved for men. One roadblock to assuming these responsibilities was the legal and cultural right of property ownership reserved exclusively for men. Then in 1999, the Rwandan government enacted legislation which allowed women and girls the rights to family property -- Law/nº 22/99 of 12/11/1999 on Matrimonial Regimes, Liberalities, and Successions. On paper, this Rwandan policy seemed like a step toward gender equality, a watershed moment in …


Not Too Separate Or Unequal: Marriage Penalty Relief After Obergefell, Mitchell L. Engler, Edward D. Stein 2016 University of Washington School of Law

Not Too Separate Or Unequal: Marriage Penalty Relief After Obergefell, Mitchell L. Engler, Edward D. Stein

Washington Law Review

Joint tax returns have generated controversy for many years. Married couples with the same joint income pay the same tax under our current system regardless of the earnings distribution between the spouses. This approach primarily rests on the idea that married couples share resources and operate as a single economic unit. Critics typically challenge this assumption and lament how marriage might significantly change a couple’s taxes. Depending on their earnings breakdown, a couple’s taxes could be reduced (a marital bonus for uneven-earners) or increased (a marital penalty for even-earners). These possibilities exist because the joint brackets are typically larger–but not …


Not Too Separate Or Unequal: Marriage Penalty Relief After Obergefell, Mitchell L. Engler, Edward D. Stein 2016 University of Washington School of Law

Not Too Separate Or Unequal: Marriage Penalty Relief After Obergefell, Mitchell L. Engler, Edward D. Stein

Washington Law Review

Joint tax returns have generated controversy for many years. Married couples with the same joint income pay the same tax under our current system regardless of the earnings distribution between the spouses. This approach primarily rests on the idea that married couples share resources and operate as a single economic unit. Critics typically challenge this assumption and lament how marriage might significantly change a couple’s taxes. Depending on their earnings breakdown, a couple’s taxes could be reduced (a marital bonus for uneven-earners) or increased (a marital penalty for even-earners). These possibilities exist because the joint brackets are typically larger–but not …


Dna, Donor Offspring And Derivative Citizenship: Redefining Parentage Under The Citizenship Act, Stefanie Carsley 2016 McGill University

Dna, Donor Offspring And Derivative Citizenship: Redefining Parentage Under The Citizenship Act, Stefanie Carsley

Dalhousie Law Journal

Under Canada's Citizenship Act, children born outside Canada acquire derivative citizenship-that is, citizenship through descent or parentage-if at least one of their parents is Canadian. However according to Citizenship and Immigration Canada, in order to qualify for derivative citizenship a child must have a genetic link to a Canadian citizen. Canadians who use donated sperm or eggs to conceive-including women who give birth using donated eggs-are therefore not considered parents for citizenship purposes. According to the Federal Court of Appeal, Canadian donors may also pass on their citizenship to their genetic offspring. This article argues that current interpretations of the …


Retroactive Recognition Of Same-Sex Marriage For The Purposes Of The Confidential Marital Communications Privilege, Steven A. Young 2016 William & Mary Law School

Retroactive Recognition Of Same-Sex Marriage For The Purposes Of The Confidential Marital Communications Privilege, Steven A. Young

William & Mary Law Review

No abstract provided.


Davidson V. Davidson, 132 Nev. Adv. Op. 71 (Sept. 29, 2016), Hunter Davidson 2016 Nevada Law Journal

Davidson V. Davidson, 132 Nev. Adv. Op. 71 (Sept. 29, 2016), Hunter Davidson

Nevada Supreme Court Summaries

The Court determined that: (1) the six-year statute of limitations in NRS 11.190(1)(a) applies to claims for enforcement of a property distribution provision in a divorce decree; and (2) the statute of limitations period in an action on a divorce decree commences “from the last transaction or the last item charged or last credit given.”


Fulfilling The Promise Of Roe: A Pathway For Meaningful Pre-Abortion Consultation, Thomas J. Molony 2016 The Catholic University of America, Columbus School of Law

Fulfilling The Promise Of Roe: A Pathway For Meaningful Pre-Abortion Consultation, Thomas J. Molony

Catholic University Law Review

In Whole Woman’s Health v. Hellerstedt, the U.S. Supreme Court struck down regulations that it believed would inhibit a woman’s ability to receive meaningful personal consultation and support before choosing to have an abortion. The Court thus echoed what it had emphasized in Roe v. Wade more than 40 years earlier—that an abortion decision would follow an extensive discussion between a woman and her physician. An ob/gyn who provides a woman with regular care likely is best equipped to offer this type of consultation, but most ob/gyns do not perform abortions, and there is evidence that physicians who perform …


The Ties That Bind: Attachment Theory And Child Welfare—Considering The Benefits Of Maintaining Biological Connections For Children In Foster Care, Keli Iles-Hernandez 2016 University at Buffalo School of Law

The Ties That Bind: Attachment Theory And Child Welfare—Considering The Benefits Of Maintaining Biological Connections For Children In Foster Care, Keli Iles-Hernandez

Buffalo Public Interest Law Journal

No abstract provided.


Religiously-Motivated Medical Neglect: A Response To Professors Levin, Jacobs, And Arora, Doriane Lambelet Coleman 2016 Duke Law School

Religiously-Motivated Medical Neglect: A Response To Professors Levin, Jacobs, And Arora, Doriane Lambelet Coleman

Washington and Lee Law Review Online

This Response to Professors Levin, Jacobs, and Arora’s article To Accommodate or Not to Accommodate: (When) Should the State Regulate Religion to Protect the Rights of Children and Third Parties? focuses on their claim that the law governing religious exemptions to medical neglect is messy, unprincipled, and in need of reform, including because it violates the Establishment Clause. I disagree with this assessment and provide support for my position. Specifically, I summarize and assess the current state of this law and its foundation in the perennial tussle between parental rights and state authority to make decisions for and about the …


Kar V. Kar, 132 Nev. Adv. Op. 63 (August 12, 2016), Briana Martinez 2016 Nevada Law Journal

Kar V. Kar, 132 Nev. Adv. Op. 63 (August 12, 2016), Briana Martinez

Nevada Supreme Court Summaries

The Court considered an appeal from a district court order denying a motion to modify child custody and support. The Court held that the district court lost exclusive, continuing jurisdiction when the parents and child left Nevada. However, this did not end the jurisdictional analysis. The district court should have considered whether it retained jurisdiction under NRS 125.315(2) and NRS 125.305.


Outliving Love: Marital Estrangement In An African Insurance Market, Casey Golomski 2016 University of New Hampshire, Durham

Outliving Love: Marital Estrangement In An African Insurance Market, Casey Golomski

Anthropology

Marital estrangement and formal divorce are vital conjunctures for married women’s kinship relations and life course, where a horizon of future possibilities are revalued and negotiated at the interstices of custom, law, and social and ritual obligations. In this article, after delineating the forms of customary and civil marriage and the possibilities for divorce or estrangement from each, I describe how some married women in Swaziland and South Africa mediate this complex social field for their children and families through pensions and continuing to pay for their partners’ insurance coverage. This was not solely out of avarice to reap future …


Strenghtening Protections For Survivors Of Domestic Violence: The Case Of Washington, D.C., M. Alexandra Verdi 2016 University at Buffalo School of Law

Strenghtening Protections For Survivors Of Domestic Violence: The Case Of Washington, D.C., M. Alexandra Verdi

Buffalo Law Review

No abstract provided.


Child Marriage In Yemen: A Violation Of International Law, Elizabeth Verner 2016 University of Georgia School of Law

Child Marriage In Yemen: A Violation Of International Law, Elizabeth Verner

Georgia Journal of International & Comparative Law

No abstract provided.


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