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Family Law And Nonmarital Families, Clare Huntington 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, Clare Huntington 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, Clare Huntington, Elizabeth S. Scott 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., Stacy Brustin, Lisa Vollendorf Martin 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, Carolyn B. Ramsey 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., Annette Thompson 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, Martin A. Schwartz 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), Manuscripts & Folklife Archives 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, Dr. Emily Sanchez Salcedo 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, Peter Nicolas 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, Anthony C. Infanti 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, Barry B. McGough, Elinor H. Hitt, Katherine S. Cornwell 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, Khiara M. Bridges 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, Kellye Y. Testy 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, Martha A. Field 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?, Terry J. Price 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, Sara L. Ainsworth 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?, Julie Shapiro 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, Margaret C. Stevenson, Cynthia J. Najdowski, Jessica M. Salerno, Tisha R.A. Wiley, Bette L. Bottoms, Katlyn S. Farum 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, Stephanie Bedker 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.


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