Family Law Commons^™

Denying The Dyad: How Criminalizing Pregnant Use Harms The Baby, Taxpayers And Vulnerable Women, Melissa Ballengee Alexander

Faculty Articles

No abstract provided.

The Problems Of Gender Inequality Raised By Unmarried Couples In Liberia, Yah-Yeplah Dolo-Barbu

Maurer Theses and Dissertations

No abstract provided.

Mediating A Family: The Use Of Mediation In The Formation And Enforcement Of Post-Adoption Contact Agreements, Sophie Mashburn

Journal of Dispute Resolution

This comment will discuss how and why adoption law has evolved into a preference for open adoption, provide a brief history of post-adoption contact agreements, and discuss the current and best practices for utilizing post-adoption contact agreements. Finally, this comment will explore the use of mediation in various states to assist adoptive parents and birth parents in forming and maintaining an agreement they both accept and that furthers the best interests of the children being adopted. Using mediation to further the interests of children, adoptive couples, and birth parents is a positive trend in adoption law that should be encouraged …

Why Opposing Hyper-Incarceration Should Be Central To The Work Of The Anti-Domestic Violence Movement, Donna Coker, Ahjané D. Macquoid

University of Miami Race & Social Justice Law Review

No abstract provided.

Newsroom: Dean Yelnosky On Same-Sex Marriage, Roger Williams University School Of Law

Life of the Law School (1993- )

No abstract provided.

Anna Moscowitz Kross And The Home Term Part: A Second Look At The Nation's First Criminal Domestic Violence Court, Mae C. Quinn

Akron Law Review

This paper seeks to inform current conversations about dedicated domestic violence courts by shedding light on Kross’s remarkable early efforts to treat domestic violence prosecutions differently from other criminal matters and handle them in a designated court part. The story of Kross’s Home Term Part – the first specialized criminal domestic violence court in New York and perhaps the United States—is an important chapter in the history of intimate violence policies in this country. Recognition of Home Term is crucial to any complete account and understanding of our criminal justice system’s renewed efforts at judicial innovation through specialized “problem-solving” courts. …

The Science And Statistics Behind Spanking Suggest That Laws Allowing Corporal Punishment Are In The Best Interests Of The Child, Jason M. Fuller

Akron Law Review

Were such a killing to occur in the U.S., the popular reaction would have been, “How can we prevent this from happening again?” In Sweden, however, youth violence and aggression has gotten so out-of control that the reaction was, “Shoot another [one].” Sadly, many policymakers fail to realize how Swedish laws have contributed to growing youth violence, and consequently, to public resentment of Swedish youths.

In 1979, Sweden started an international trend by becoming the first country to ban spanking. Since then, twenty-three more countries have outlawed it. The European Committee of Social Rights currently is urging all forty-five of …

Save The Children: The Legal Abondonment Of American Youth In The Workplace, Seymour Moskowitz

Akron Law Review

Part II of the Article sets out the basic facts regarding children in the contemporary American economy. These youths labor in a wide variety of work settings but are concentrated in the retail, restaurant, and service sectors. The existing protective statutes exclude large blocks of working children and provide few effective deterrents for violations. The results are as tragic as they are predictable. Working youths, particularly those working more than twenty hours per week, suffer numerous academic, physical, and other detriments. An additional problem particular to young workers is sexual harassment on the job. Part III analyzes the legal rules …

Jon & Kate Plus The State: Why Congress Should Protect Children In Reality Programming, Dayna B. Royal

Akron Law Review

One is forced to wonder whether any laws exist to protect minors whose personal lives are laid bare as their own parents thrust them into the paparazzi’s spotlight. This article addresses this question, considering the best legal regime for regulating employment of children in reality programming, and suggesting an alternative to the status quo. To that end, Part II begins by identifying the various harms reality programming causes, arguing that participating in reality programming is detrimental both to the individual children who participate and to society in general. Part III surveys the current legal landscape, addressing first the federal law …

Shari'ah Law As National Security Threat?, Cyra Akila Choudhury

Akron Law Review

The Article proceeds in three parts: in Part II, the Article describes three anti-shari’ah measures. It describes Oklahoma’s Save Our State amendment to show how these laws target Islam. It also reviews the recent decision by the Tenth Circuit Court of Appeals affirming the grant of a preliminary injunction against the certification of Oklahoma’s constitutional amendment. It then describes Arizona’s law that targets shari’ah as well as other legal traditions. It also examines the original version of the Tennessee bill to illustrate the motivations behind the revised, watered down version that was eventually passed by the legislature. Part II concludes …

Splitting The Baby: Immigration, Family Law, And The Problem Of The Single Deportable Parent, Timothy E. Yahner

Akron Law Review

The purpose of this article is not to suggest that the Fifth Circuit was wrong in upholding the dismissal of Monica’s case. Indeed, the court was faced with a dilemma that would give King Solomon pause: what to do when two parents claim one child. This article’s purpose is to show that a regulatory solution is preferable to forcing the courts to make impossible choices between parents. Part II discusses the factual and procedural history of Castro. Part III details the policies and rules of law of immigration and custody at play in the case. Part IV explains why the …

Because I Said So: An Examination Of Parental Naming Rights, Ashley N. Moscarello

Chicago-Kent Law Review

Naming a child is often one of the most exciting parts of having a baby. Some parents, of course, choose to be more creative and unique, which leads to some very interesting names like Toilet Queen, Acne Fountain, Crimson Tide Redd, Messiah, Candy Stohr, and Violence. Although some of these names are quite absurd, should the government be able to tell parents that they have crossed the line?

When parents agree about the name they want to give their child, should the state or courts be able to intervene in that decision if the state has problems with the name? …

Contact That Can Kill: Orders Of Protection, Caller Id Spoofing And Domestic Violence, Gabriella Sneeringer

Chicago-Kent Law Review

The Illinois Domestic Violence Act (IDVA) was created as a means of providing protection and remedies to domestic violence victims through orders of protection. The orders of protection can insulate victims from abusers through a variety of ways such as mandating that the abuser be prohibited from contacting the victim by any means. Under the IDVA, any violation of the order is a crime. As technology advances, abusers begin using more and more technology as a means to circumscribe orders of protection. One such technology, Caller ID spoofing, is particularly problematic. This technology enables abusers to easily contact, stalk and …

Stop Making Court A First Stop For Many Low Income Parents, Jane C. Murphy

All Faculty Scholarship

In the wake of the unrest over police misconduct in cities across the country, calls for reform have focused on the criminal justice system — making police, prosecutors, and criminal courts more accountable and just. While much work needs to be done in that arena, too little attention has focused on the ways in which low income families are hurt in civil courts. Many more men, women and children from low income communities of color pass through the doors of our family courts every day than those who interact with the criminal justice system. Some come to court as a …

Summary Of Jennifer L. V. Eighth Jud. Dist. Ct., 131 Nev. Adv. Op. 30 (Jun. 04, 2015), Jaymes Orr

Nevada Supreme Court Summaries

The Court held that, although a legal guardianship had been established, and a parent had neither legal nor physical custody of a child, parents are not relived of their parental duties to provide for the care, support, or maintenance of the child.

The Night Is Dark And Full Of . . . Family Law?: California Law And Marital Presumption In Game Of Thrones, Rebecca Rosen

Pace Intellectual Property, Sports & Entertainment Law Forum

The television show Game of Thrones has developed a tremendous following in recent years. The show takes place primarily in the fictional state of Westeros, a feudal society that mirrors many of the legal structures of medieval England. As such, many of the laws and customs of Westeros seem antithetical to the beliefs and values of modern viewers. In an attempt to posit a more just outcome following the death of Westeros’ king (the action which springboards the primary power struggle), this Article applies California law to the disposition of King Robert’s property. Shockingly, this Article finds that California’s marital …

"Family Cycles" And The Future Of Family Law, Allan Carlson

Brigham Young University Journal of Public Law

No abstract provided.

A Prospective Analysis Of Family Fragmentation: Baby Mama Drama Meets Jane Austen, Lynne Marie Kohm

Brigham Young University Journal of Public Law

No abstract provided.

The Law's Duty To Promote The Kinship System: Implications For Assisted Reproductive Techniqes And For Proposed Redefinition Of Familial Relations, Scott Fitzgibbon

Brigham Young University Journal of Public Law

No abstract provided.

I Now Pronounce You Husband And Wives: The Case For Polygamous Marriage After United States V. Windsor And Burwell V. Hobby Lobby Stores, Peter Nash Swisher

Brigham Young University Journal of Public Law

No abstract provided.