Reflections On “Innovations In Family Dispute Resolution”,
2016
University of Maryland School of Law
Reflections On “Innovations In Family Dispute Resolution”, Deborah Thompson Eisenberg
Maryland Law Review Online
No abstract provided.
Moving Family Dispute Resolution From The Court System To The Community,
2016
University of Maryland School of Law
Moving Family Dispute Resolution From The Court System To The Community, Jane C. Murphy, Jana B. Singer
Maryland Law Review Online
No abstract provided.
Moving Family Dispute Resolution From The Court System To The Community,
2016
University of Baltimore School of Law
Moving Family Dispute Resolution From The Court System To The Community, Jane C. Murphy, Jana B. Singer
All Faculty Scholarship
Over the past three decades, there has been a significant shift in the way the legal system approaches and resolves family disputes. Mediation, collaboration, and other non-adversarial processes have replaced a traditional, law-oriented adversarial regime. Until recently, however, reformers have focused largely on the court system as the setting for innovations in family dispute resolution. But our research suggests that courts may not be the best places for families to resolve disputes, particularly disputes involving children. Moreover, attempting to turn family courts into multi-door dispute resolution centers may detract from their essential role as adjudicators of last resort and forums …
Family Law And Entrepreneurial Action,
2016
BYU Law School
Family Law And Entrepreneurial Action, D. Gordon Smith
Faculty Scholarship
In "The Contractual Foundation of Family-Business Law," Benjamin Means aspires to lay the groundwork for a law of family businesses. In this brief response essay, I suggest that a workable family-business law along the lines suggested by Means is consistent with an overarching policy in the United States of promoting entrepreneurial action, and I evaluate the proposal against this policy goal, with particular attention to Means’s arguments in favor of “family-business defaults” and his concern over the potentially disruptive role of fiduciary law.
How The Liberati Sabotaged Child Welfare,
2016
William & Mary Law School
How The Liberati Sabotaged Child Welfare, David Stoesz
William & Mary Bill of Rights Journal
No abstract provided.
Project Prevention: Concept, Operation, Results And Controversies About Paying Drug Abusers To Obtain Long-Term Birth Control,
2016
William & Mary Law School
Project Prevention: Concept, Operation, Results And Controversies About Paying Drug Abusers To Obtain Long-Term Birth Control, Bruce A. Thyer
William & Mary Bill of Rights Journal
This Article describes the origins and current operation of Project Prevention, a privately-funded program that provides a payment of $300 to substance abusers who obtain long-term birth control. This practice is intended as a means to prevent the conception of babies to mothers who are prone to expose their developing child to toxic levels of alcohol or other drugs during pregnancy, likely to be unable to care for their child once born, and at risk for having their child removed from their custody by the state and placed in foster care or an adoptive home. Children born to such mothers …
The Impact Of Liberal Ideology On Child Protection Reform,
2016
William & Mary Law School
The Impact Of Liberal Ideology On Child Protection Reform, Cassie Statuto Bevan
William & Mary Bill of Rights Journal
No abstract provided.
Re-Evaluating The Criminalization Of In Utero Alcohol Exposure: A Harm-Reduction Approach,
2016
William & Mary Law School
Re-Evaluating The Criminalization Of In Utero Alcohol Exposure: A Harm-Reduction Approach, Adam J. Duso, John Stogner
William & Mary Bill of Rights Journal
No abstract provided.
Thoughts On The Liberal Dilemma In Child Welfare Reform,
2016
William & Mary Law School
Thoughts On The Liberal Dilemma In Child Welfare Reform, Elizabeth Bartholet
William & Mary Bill of Rights Journal
No abstract provided.
A Liberal Dilemma: Respecting Autonomy While Also Protecting Inchoate Children From Prenatal Substance Abuse,
2016
William & Mary Law School
A Liberal Dilemma: Respecting Autonomy While Also Protecting Inchoate Children From Prenatal Substance Abuse, Andrew J. Weisberg, Frank E. Vandervort
William & Mary Bill of Rights Journal
No abstract provided.
Stanley V. Illinois’S Untold Story,
2016
William & Mary Law School
Stanley V. Illinois’S Untold Story, Josh Gupta-Kagan
William & Mary Bill of Rights Journal
Stanley v. Illinois is one of the Supreme Courts more curious landmark cases. The holding is well known: the Due Process Clause both prohibits states from removing children from the care of unwed fathers simply because they are not married and requires states to provide all parents with a hearing on their fitness. By recognizing strong due process protections for parents rights, Stanley reaffirmed Lochner-era cases that had been in doubt and formed the foundation of modern constitutional family law. But Peter Stanley never raised due process arguments, so it has long been unclear how the Court reached this decision. …
Child Protection’S Parental Preference,
2016
William & Mary Law School
Child Protection’S Parental Preference, Daniel Heimpel
William & Mary Bill of Rights Journal
No abstract provided.
Why The American Child Welfare System Is Not Child Centered,
2016
William & Mary Law School
Why The American Child Welfare System Is Not Child Centered, Richard J. Gelles
William & Mary Bill of Rights Journal
No abstract provided.
Diagnosing Liberal Resistance To Needed Child Welfare Reforms,
2016
William & Mary Law School
Diagnosing Liberal Resistance To Needed Child Welfare Reforms, James G. Dwyer
William & Mary Bill of Rights Journal
No abstract provided.
Matter Of Anthony "S",
2016
Touro University Jacob D. Fuchsberg Law Center
Matter Of Kevin M.,
2016
Touro University Jacob D. Fuchsberg Law Center
In The Name Of The Child: Race, Gender, And Economics In Adoptive Couple V. Baby Girl ,
2016
University of Connecticut School of Law
In The Name Of The Child: Race, Gender, And Economics In Adoptive Couple V. Baby Girl , Bethany R. Berger
Florida Law Review
On June 25, 2013, the Supreme Court decided Adoptive Couple v. Baby Girl, holding that the Indian Child Welfare Act did not permit the Cherokee father in that case to object to termination of his parental rights. The case was ostensibly about a dispute between prospective adoptive parents and a biological father. But this Article demonstrates that it was about a lot more than that. It was a microcosm of anxieties about Indianness, race, and the changing nature of parenthood. While made in the name of the child, moreover, the decision supports practices and policies that do not forward …
Sticks And Stones May Break My Bones, But Words Will Always Hurt Me: Why California Should Expand The Admissibility Of Prior Acts Of Child Abuse,
2016
Pepperdine University
Sticks And Stones May Break My Bones, But Words Will Always Hurt Me: Why California Should Expand The Admissibility Of Prior Acts Of Child Abuse, Lindsay Gochnour
Pepperdine Law Review
This Comment seeks to explore the effect that the admissibility of prior bad acts evidence would have on child maltreatment cases and the benefits that would be afforded to child abuse victims if they were provided the same legal protections as victims of other crimes. This Comment argues that expanding the California Evidence Code to allow the admission of prior acts of psychological and emotional child maltreatment would make great progress for the protection of child abuse victims and the prosecution of their (often losing) cases.
Surviving The Borrower: Assumption, Modification, And Access To Mortgage Information After A Death Or Divorce,
2016
Pepperdine University
Surviving The Borrower: Assumption, Modification, And Access To Mortgage Information After A Death Or Divorce, Sarah Bolling Mancini, Alys Cohen
Pepperdine Law Review
The death of a borrower too often brings the surviving spouse or other heirs to the brink of foreclosure. Transfer of the marital home to a non-borrower spouse through divorce may lead to the same problems. Mortgage servicers tell these successor homeowners that because they are not the borrower on the loan, they are not entitled to any information about the mortgage secured by their home and cannot apply for a loan modification, even if they are struggling with the payments. In fact, successors have a right to information, the right to assume liability for the loan, and the right …
Surrogacy As The Sale Of Children: Applying Lessons Learned From Adoption To The Regulation Of The Surrogacy Industry's Global Marketing Of Children,
2016
Pepperdine University
Surrogacy As The Sale Of Children: Applying Lessons Learned From Adoption To The Regulation Of The Surrogacy Industry's Global Marketing Of Children, David M. Smolin
Pepperdine Law Review
This Article argues that most surrogacy arrangements, as currently practiced, constitute the “sale of children” under international law and hence should not be legally legitimated. Therefore, maintaining the core legal norm against the sale of children requires rejecting claims that there is a right to procreate through surrogacy. Since a fundamental purpose of law in the modern era of human rights is to protect the inherent dignity of the human person, a claimed legal right that is built upon the sale of human beings must be rejected. This Article refutes common arguments claiming that commercial surrogacy does not constitute the …
