Family Law,
2016
University of Richmond School of Law
Family Law,
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,
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,
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,
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,
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.,
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,
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,
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,
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,
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),
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,
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,
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,
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),
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,
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.,
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,
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.
