Family Law Commons^™

Brief Of Scholars Of The Constitutional Rights Of Children Susannah W. Pollvogt, Catherine E. Smith, And Tanya Washington As Amici Curiae In Support Of Plaintiffs-Appellants And Reversal: Robicheaux V. Caldwell, Catherine E. Smith, Tanya Washington, Susannah W. Pollvogt

Scholarly Articles

Amici are scholars and professors of family law and the law of equal protection. Amici submit this brief to respond directly to arguments advanced by the State of Louisiana that its laws prohibiting same-sex marriage2 are justified because they advance child welfare. Specifically, the State asserts that its laws advance child welfare by promoting Louisiana’s interest in: (1) linking children with their biological parents to prevent the social stigma associated with being “illegitimate” and (2) establishing the child as a member of an intact family resulting from the marriage of the mother and alleged father. These purported justifications express and …

Saving Face: Acid Attack Laws After The U.N. Convention On The Elimination Of All Forms Of Discrimination Against Women, Lisa M. Taylor

Georgia Journal of International & Comparative Law

No abstract provided.

What God Has United Man Will Now Divide: Divorce Referendum Changes Law Of 60 Years, Laura A. Marshall

Georgia Journal of International & Comparative Law

No abstract provided.

There's No Place Like Home. Determining Habitual Residence: Feder V. Evans-Feder, Katherine V. Hung

Georgia Journal of International & Comparative Law

No abstract provided.

Law In Ancient Egyptian Fiction, Russ Versteeg

Georgia Journal of International & Comparative Law

No abstract provided.

Safe Havens Or Dangerous Waters? A Phenomenological Study Of Abused Women's Experiences In The Family Courts Of Ontario, Lois Shereen Winstock

PhD Dissertations

This qualitative, interdisciplinary research study explores the experiences of women abused by their intimate partners who appear as litigants in family court proceedings in Ontario, and the responses of judges presiding over those proceedings.

Domestic violence and abuse affects families from all social, economic and cultural groups. Women have been overwhelmingly identified as the victims of domestic violence and abuse. Children exposed to domestic violence and abuse, either directly or indirectly, are also negatively impacted. The term woman abuse has been employed to denote the gendered nature of the phenomena.

Studies of abused womens interactions with the legal system across …

Access For Access: Ensuring Access To Federal Courts For Parents Seeking To Exercise Rights Of Access Under The Hague Convention On The Civil Aspects Of International Child Abduction, Katherine L. Olson

Catholic University Law Review

Each year, thousands of children are abducted across international borders, often by one of their parents. The Hague Convention on the Civil Aspects of International Child Abduction (Hague Convention) and its implementing legislation, the International Child Abduction Remedies Act (ICARA), provide recourse to the non-abducting parent. However, recent cases in the U.S. Courts of Appeal for the Fourth and Second Circuits have created a circuit split on the issue of whether rights of access, in contrast to rights of custody, convey a private right of action in U.S. federal courts under the Hague Convention. This Comment examines this circuit split …

Voided Vows: Annulment As A Full Faith And Credit Solution To The Same-Sex Divorce Conundrum, Katharine J. Westfall

William & Mary Bill of Rights Journal

No abstract provided.

Traditional Surrogacy In Tennessee: Strange Statute Begets Strange Judicial Ruling, Joanna L. Grossman

Hofstra Law Faculty Scholarship

According to a recent article in the New York Times by Tamar Lewin, the United States has become – or is in the process of becoming – a mecca for foreign couples seeking the services of a surrogate to gestate a child for them. Theories differ as to the draw, but the lack of national policy or strict regulation is among the most likely suspects.

Stop Draggin’ My Heart Around: The Supreme Court Is Harming People With Its Inscrutable Gay Marriage Actions, Sonja R. West, Dahlia Lithwick

Popular Media

The Supreme Court’s decision Monday (Oct. 5, 2014) to decline the appeals of decisions striking down same-sex marriage bans in five states was, to most court-watchers, a huge surprise. It was also a deeply strange move given the magnitude of the constitutional issue and the general confusion about what a non-decision actually means. While Monday’s denial of certiorari was not technically a decision on the merits, most supporters of same-sex marriage celebrated the move as part of the justices’ inexorable crawl toward marriage equality. And in Virginia, Oklahoma, Colorado, and other affected states, gay couples who have waited—in many cases …

Ironic Simplicity: Why Shaken Baby Syndrome Misdiagnoses Should Result In Automatic Reimbursement For The Wrongly Accused, Jay Simmons

Seattle University Law Review

Shaken baby syndrome (SBS)’s shortcomings include the debatable science behind SBS theory and diagnosis—the questioning of which has grown more vociferous—and the arguably biased, discriminatory treatment of the accused. Professor Deborah Tuerkheimer notes that the evolving SBS skepticism and contentious debate has resulted in "chaos" in many SBS adjudications and within the medical and biomechanical fields, with the same SBS proponents and opponents continually crusading for and clashing over their beliefs. The issues surrounding the medical and biomechanical components of SBS diagnoses have been repeatedly examined and discussed, and are not the focus of this Note. This Note recounts those …

A Matter Of Compliance: How Do U.S. Multinational Corporations Deal With The Discrepancies In The Family And Medical Leave Act Of 1993 And The European Union Directive On Parental Leave; Is An International Standard Practical Or Appropriate In This Area Of Law?, Kathryn L. Morris

Georgia Journal of International & Comparative Law

No abstract provided.

Lawful Wife, Unlawful Sex - Examining The Effect Of The Criminalization Of Marital Rape In England And The Republic Of Ireland, Melisa J. Anderson

Georgia Journal of International & Comparative Law

No abstract provided.

The Ill Effects Of A United States Ratification Of The Hague Convention On Protection Of Children And Co-Operation In Respect Of Intercountry Adoption, Gina M. Croft

Georgia Journal of International & Comparative Law

No abstract provided.

Legal Recognition Of Gender Change For Transsexual Persons In The United Kingdom: The Human Rights Act 1998 And "Compatibility" With European Human Rights Law, Robert E. Rains

Georgia Journal of International & Comparative Law

No abstract provided.

Momma Drama: A Study Of How Canada's National Regulation Of Surrogacy Compares To Australia's Independent State Regulation Of Surrogacy, Ailis L. Burpee

Georgia Journal of International & Comparative Law

No abstract provided.

Summary Of Henson V. Henson, 130 Nev. Adv. Op. 79, Sydney Gambee

Nevada Supreme Court Summaries

The Court determined that (1) survivor benefits must be specifically set forth in a divorce decree notwithstanding NRS 286.590, which does not automatically confer survivor benefits and (2) immediate payment of benefits to a former non-employee spouse must be requested by motion, in accordance with California’s approach in In re Marriage of Cornejo.

[1] 916 P.2d 476 (Cal. 1996).

Climate Change Survey Measures: Exploring Perceived Bias And Question Interpretation, Tarik Abdel-Monem, Lisa M. Pytlikzillig, Tonya K. Bernadt, Nicole Wall

Lisa PytlikZillig Publications

Climate change has become an important yet politically divisive topic in recent years. Further complicating the issue are assertions that climate change– related public opinion surveys used by social scientists are biased or otherwise problematic. We conducted a pilot study to explore questions concerning bias and interpretation of climate change surveys. Our study sample was composed of adult residents of Nebraska (n = 115). We augmented our survey findings with cognitive interviews of a subsample of respondents (n = 20). We assessed study participants’ attitudes about climate change, and perceptions of bias and interpretation of survey questions drawn from previously …

Family Unity Revisited: Divorce, Separation, And Death In Immigration Law, Albertina Antognini

Law Faculty Scholarly Articles

Families are integral to immigration law and policy, and family-based immigration accounts for the majority of legal entry into the United States. Legislative, judicial, and scholarly discussions that address immigration law's family-based categories rely nearly exclusively on the principle of family unification, which has long been a cornerstone policy of immigration law. Yet the family-based provisions of immigration law do more than unify intact families; understanding families as dynamic entities that experience change reveals an immigration system that acknowledges a flexible family structure in determining status.

The principal aim of this Article is to present a more complete description of …

Dangers In De Facto Parenthood, Jeffrey A. Parness

University of Arkansas at Little Rock Law Review

No abstract provided.