Family Law And Nonmarital Families,
2015
Fordham University School of Law
Family Law And Nonmarital Families, Clare Huntington
Faculty Scholarship
No abstract provided.
Postmarital Family Law: A Legal Structure For Nonmarital Families,
2015
Fordham University School of Law
Postmarital Family Law: A Legal Structure For Nonmarital Families, Clare Huntington
Faculty Scholarship
Family law is based on marriage, but family life increasingly is not. The American family is undergoing a seismic shift, with marriage rates steadily declining and more than four in ten children now born to unmarried parents. Children of unmarried parents fall far behind children of married parents on a variety of metrics, contributing to stark inequality among children. Poverty and related factors explain much of this differential, but new sociological evidence highlights family structure — particularly friction and dislocation between unmarried parents after their relationship ends — as a crucial part of the problem. As the trend toward nonmarital …
Children’S Health In A Legal Framework,
2015
Fordham University School of Law
Children’S Health In A Legal Framework, Clare Huntington, Elizabeth S. Scott
Faculty Scholarship
The interdisciplinary periodical Future of Children has dedicated an issue to children’s health policy. This contribution to the issue maps the legal landscape influencing policy choices. The authors demonstrate that in the U.S. legal system, parents have robust rights, grounded in the Constitution, to make decisions concerning their children’s health and medical treatment. Following from its commitment to parental rights, the system typically assumes the interests of parents and children are aligned, even when that assumption seems questionable. Thus, for example, parents who would limit their children’s access to health care on the basis of the parents’ religious belief have …
Paved With Good Intentions: Unintended Consequences Of Federal Proposals To Integrate Child Support And Parenting Time.,
2015
The Catholic University of America, Columbus School of Law
Paved With Good Intentions: Unintended Consequences Of Federal Proposals To Integrate Child Support And Parenting Time., Stacy Brustin, Lisa Vollendorf Martin
Scholarly Articles
This Article proceeds in three parts to evaluate the merits of integrating custody and visitation determinations in government-initiated child support proceedings. Part I situates the federal parenting time proposals within the doctrines that shape the scope and allocation of parental rights and responsibilities. This part explores parents’ ability to establish custody, visitation, and child support arrangements, both outside of the court system and within the context of domestic relations proceedings. The section goes on to explore the federal and state child support enforcement structure and recent attempts to change the goal of government involvement from recapturing costs to creating opportunities …
The Stereotyped Offender: Domestic Violence And The Failure Of Intervention,
2015
University of Colorado Law School
The Stereotyped Offender: Domestic Violence And The Failure Of Intervention, Carolyn B. Ramsey
Publications
Scholars and battered women's advocates now recognize that many facets of the legal response to intimate-partner abuse stereotype victims and harm abuse survivors who do not fit commonly accepted paradigms. However, it is less often acknowledged that the feminist analysis of domestic violence also tends to stereotype offenders and that state action, including court-mandated batterer intervention, is premised on these offender stereotypes. The feminist approach can be faulted for minimizing or denying the role of substance abuse, mental illness, childhood trauma, race, culture, and poverty in intimate-partner abuse. Moreover, those arrested for domestic violence crimes now include heterosexual women, lesbians, …
Family Court, Queens County, In The Matter Of Joseph G.,
2014
Touro University Jacob D. Fuchsberg Law Center
Family Court, Queens County, In The Matter Of Joseph G., Annette Thompson
Touro Law Review
No abstract provided.
Lawrence V. Texas: The Decision And Its Implications For The Future,
2014
Touro Law Center
Lawrence V. Texas: The Decision And Its Implications For The Future, Martin A. Schwartz
Touro Law Review
No abstract provided.
Danaher V. Hopkins (Sc 2879),
2014
Western Kentucky University
Danaher V. Hopkins (Sc 2879), Manuscripts & Folklife Archives
Manuscript Collection Finding Aids
Finding aid only for Manuscripts Small Collection 2879. Photocopy of decision of Kentucky Court of Appeals in Danaher v. Hopkins, rendered on 24 October 2014. The court rules on an appeal from the Warren Circuit Court regarding custody of the child of the parties in the case.
Getting To Know Fred,
2014
De La Salle University-Manila
Getting To Know Fred, Dr. Emily Sanchez Salcedo
Center for Business Research and Development
Family responsibilities discrimination (FReD) is a novel concept in the Philippine workplace. It is novel not because it is a new occurrence but because societal awareness is a fairly recent phenomenon following its unprecedented surge in popularity in the United States that began with the publication of the book, “Unbending Gender: Why Family and Work Conflict and What to Do About It” in 2000 by Professor Joan C. Williams.
Straddling The Columbia: A Constitutional Law Professor's Musings On Circumventing Washington State's Criminal Prohibition On Compensated Surrogacy,
2014
University of Washington School of Law
Straddling The Columbia: A Constitutional Law Professor's Musings On Circumventing Washington State's Criminal Prohibition On Compensated Surrogacy, Peter Nicolas
Washington Law Review
In this Article, I recount—through both the prisms of an intended parent and a constitutional law scholar—my successful efforts to become a parent via compensated surrogacy and egg donation. Part I of this Article provides a narrative of my experience in becoming a parent via compensated surrogacy, and the various state and federal legal roadblocks and deterrents that I encountered along the way, including Washington State’s criminal prohibition on compensated surrogacy as well as federal guidelines issued by the U.S. Food and Drug Administration regarding the use of sperm by gay donors in the process of in vitro fertilization. Part …
The House Of Windsor: Accentuating The Heteronormativity In The Tax Incentives For Procreation,
2014
University of Washington School of Law
The House Of Windsor: Accentuating The Heteronormativity In The Tax Incentives For Procreation, Anthony C. Infanti
Washington Law Review
Following the Supreme Court’s decision in United States v. Windsor, many seem to believe that the fight for marriage equality at the federal level is over and that any remaining work in this area is at the state level. Belying this conventional wisdom, this Article plumbs the gap between the promise of Windsor and the reality that heteronormativity has been one of the core building blocks of the federal tax system. Eradicating embedded heteronormativity will take far more than a single court decision (or even revenue ruling); it will take years of work uncovering the subtle ways in which …
Domestic Relations,
2014
Mercer University School of Law
Domestic Relations, Barry B. Mcgough, Elinor H. Hitt, Katherine S. Cornwell
Mercer Law Review
This Article addresses significant case law that arose during the survey period. There were no extensive statutory changes specific to domestic relations during this period, though legislation was passed by the Georgia General Assembly providing limitations on personal information allowed in court filings.
Windsor, Surrogacy, And Race,
2014
University of Washington School of Law
Windsor, Surrogacy, And Race, Khiara M. Bridges
Washington Law Review
Scholars and activists interested in racial justice have long been opposed to surrogacy arrangements, wherein a couple commissions a woman to become pregnant, give birth to a baby, and surrender the baby to the couple to raise as its own. Their fear has been that surrogacy arrangements will magnify racial inequalities inasmuch as wealthy white people will look to poor women of color to carry and give birth to the white babies that the couples covet. However, perhaps critical thinkers about race should reconsider their contempt for surrogacy following the Supreme Court’s recent decision in United States v. Windsor. …
Foreword: Compensated Surrogacy In The Age Of Windsor,
2014
University of Washington School of Law
Foreword: Compensated Surrogacy In The Age Of Windsor, Kellye Y. Testy
Washington Law Review
The authors in this timely symposium tackle the many and varied issues related to compensated surrogacy with sophisticated, diverse, and careful analysis. Moreover, they do so in the context of fast-paced legal and sociological change on issues of marriage and parenting, some of which was crystalized in the recent United States v. Windsor decision that spurred growing recognition of gay marriage and families across the nation.
Compensated Surrogacy,
2014
University of Washington School of Law
Compensated Surrogacy, Martha A. Field
Washington Law Review
The question that was put to us is whether the widespread legalization of gay marriage, supported by the Supreme Court’s decision in United States v. Windsor, means that compensated surrogacy should be more broadly legalized. This essay takes the position that Windsor has little relevance to surrogacy, which will continue to be governed by state rather than federal law. States do, and will, follow a wide spectrum of policies on surrogacy, ranging from banning it and making it illegal to promoting it by enforcing surrogacy contracts as ordinary commercial transactions. The legalization of gay marriage need not affect states’ …
The Future Of Compensated Surrogacy In Washington State: Anytime Soon?,
2014
University of Washington School of Law
The Future Of Compensated Surrogacy In Washington State: Anytime Soon?, Terry J. Price
Washington Law Review
Americans in the mid-1980s were shocked by the facts of the Baby M case. That case, a compensated surrogacy arrangement that publicly went very wrong, raised complicated issues that the country had not considered: whether a woman could contract to carry a pregnancy for another person without becoming the legal mother; whether she could be separated from the child at birth, even though it was her genetic offspring; and whether the contract could take precedence over a mother’s regret over giving up the child. As a result of that case, a number of states, including Washington, prohibited compensated surrogacy arrangements. …
Bearing Children, Bearing Risks: Feminist Leadership For Progressive Regulation Of Compensated Surrogacy In The United States,
2014
University of Washington School of Law
Bearing Children, Bearing Risks: Feminist Leadership For Progressive Regulation Of Compensated Surrogacy In The United States, Sara L. Ainsworth
Washington Law Review
Compensated surrogacy—an arrangement in which a woman carries and gives birth to a child for someone else in exchange for money—intimately affects women. Yet, feminist law reformers have not led efforts to regulate this practice in the United States. Their absence is notable given the significant influence of feminist lawmaking in a host of other areas where women’s interests are at stake. This lack of feminist law reform leadership can be understood, however, in light of the complex issues that surrogacy raises—complexity that has long divided feminists. In response to efforts to pass surrogacy legislation in Washington State in 2010, …
For A Feminist Considering Surrogacy, Is Compensation Really The Key Question?,
2014
University of Washington School of Law
For A Feminist Considering Surrogacy, Is Compensation Really The Key Question?, Julie Shapiro
Washington Law Review
Feminists have long been engaged in the debates over surrogacy. During the past thirty years, thousands of women throughout the world have served as surrogate mothers. The experience of these women has been studied by academics in law and in the social sciences. It is apparent that if properly conducted, surrogacy can be a rewarding experience for women and hence should not be objectionable to feminists. Improperly conducted, however, surrogacy can be a form of exploitation. Compensation is not the distinguishing factor. In this essay I offer two changes to law that would improve the surrogate’s experience of surrogacy. First, …
Psychological Mechanisms Underlying Support For Juvenile Sex Offender Registry Laws: Prototypes, Moral Outrage, And Perceived Threat,
2014
University of Evansville
Psychological Mechanisms Underlying Support For Juvenile Sex Offender Registry Laws: Prototypes, Moral Outrage, And Perceived Threat, Margaret C. Stevenson, Cynthia J. Najdowski, Jessica M. Salerno, Tisha R.A. Wiley, Bette L. Bottoms, Katlyn S. Farum
Psychology Faculty Scholarship
We investigated whether and how a juvenile’s history of experiencing sexual abuse affects public perceptions of juvenile sex offenders in a series of 5 studies. When asked about juvenile sex offenders in an abstract manner (Studies 1 and 2), the more participants (community members and undergraduates) believed that a history of being sexually abused as a child causes later sexually abusive behavior, the less likely they were to support sex offender registration for juveniles. Yet when participants considered specific sexual offenses, a juvenile’s history of sexual abuse was not considered to be a mitigating factor. This was true when participants …
Summary Of In Re Parental Rights As To A.L., 130 Nev. Adv. Op. 91,
2014
Nevada Law Journal
Summary Of In Re Parental Rights As To A.L., 130 Nev. Adv. Op. 91, Stephanie Bedker
Nevada Supreme Court Summaries
The Court determined that (1) when seeking to maintain parental rights, parents have a right to bring material evidence rebutting a NRS 432B.450 presumption that a child is in need of protection; and (2) that district courts cannot rely on juvenile court findings of intentional abuse to terminate parental rights where such evidence has been improperly excluded.
