Family Law Commons^™

Hard Labor: New Pregnancy Discrimination Guidance From The Eeoc, Joanna L. Grossman

Hofstra Law Faculty Scholarship

Pregnancy discrimination in the workplace is an intractable problem, one that has resulted in a startling number of claims each year to the Equal Employment Opportunity Commission (EEOC)—rising at a faster rate than women are joining the workforce—and increased media attention. But it has also led to extensive litigation that raises, in a variety of contexts, the question of what constitutes illegal pregnancy discrimination under federal law.

In light of these developments, the EEOC has just issued new Enforcement Guidance on pregnancy discrimination—its first in several decades—to explain its interpretation of applicable statutes. In this column, I’ll explain key …

Moving Beyond Marriage: A Proposed Unit Of Presumed Economic Interdependence For Joint Filing Purposes In Bankruptcy And In Tax, Heather V. Graham

Pace Law Review

In order to promote both equality and efficiency, this Comment proposes that individuals should have the opportunity to file jointly for tax and bankruptcy purposes when they have a relationship predicated upon economic interdependence, as opposed to basing the opportunity to file jointly upon marital status. Part I of this Comment will briefly discuss the history of marriage in the United States. In particular, Part I will discuss the role that the government has had in promoting and regulating marriage and how the treatment of married persons operates to the exclusion of the unmarried. Parts II and III of this …

In The Heat Of The Moment: The Implications Of State V. Ness On Criminal Defendants' Rights In Minnesota Danco Proceedings, Aisha N. Servaty

Hamline Law Review

abstract

The Intersection Of Family Law And Education Law, Debra Chopp

Articles

It is well-established that parents have a fundamental liberty interest in directing the education of their children. As family law practitioners know, however, parents do not always agree with each other on matters pertaining to their child's education. Where education issues arise in family law cases, it is important for members of the family law bar to have familiarity with education laws so that they may properly advise their clients. This article will identify and briefly discuss common intersections of family law and education law.

The Experiences Of School Counselors With Court Involvement Related To Child Custody, Crystal E. Hatton

Counseling & Human Services Theses & Dissertations

Professional school counselors are often confronted with a myriad of legal and ethical challenges when working with students and their families. While school counselors are discouraged from becoming involved in child custody matters, many are unable to avoid the process for a variety of reasons. This qualitative phenomenological research inquiry explored professional school counselors' experiences with court involvement in child custody matters and sought to understand how such experiences may have affected how they perceive their role in assisting children and families who are undergoing divorce, separation, or child custody disputes. A series of semi-structured interview questions and a written …

Summary Of Holdaway-Foster V. Brunell, 130 Nev. Adv. Op. 51, Brian Vasek

Nevada Supreme Court Summaries

The Court determined whether (1) the Full Faith and Credit for Child Support Orders Act of 1994 applies retroactively, and (2) Nevada had continuing, exclusive jurisdiction over a 1985 child support order modified in Hawaii.

Summary Of Doan V. Wilkerson, 130 Nev. Adv. Op. 48, Kelsey Bernstein

Nevada Supreme Court Summaries

The Court determined two issues: 1) whether the six-month statute of limitations set forth in NRCP 60(b) applies to a motion for relief from a divorce decree, and (2) under what circumstances a marital asset adjudicated in court but omitted from the final divorce decree may be partitioned through a motion for relief from judgment.

Summary Of Druckman V. Ruscitti, 130 Nev. Adv. Op. 50, Allison Vitangeli

Nevada Supreme Court Summaries

The Court determined two issues: (1) the child custody rights of unmarried parents when the father’s paternity has been established pursuant to statute; and (2) whether the district court abused its discretion when it awarded primary physical custody of the child to the mother and granted the mother’s relocation request.

Same Sex Marriage In A Post-Perry And Windsor America, Kathryn L. Moore, Allison I. Connelly, Ross T. Ewing

Law Faculty Scholarly Articles

These materials accompanied a presentation at the 2014 Kentucky Bar Association Annual Convention entitled Same Sex Marriage in a Post-Perry and Windsor America. The focus of this presentation was on: the legal landscape following major LGBTQ civil rights cases; how these cases would impact families in Kentucky; and any employment or retirement issues.

The Child Client: Representing Children In Child Protective Proceedings, Merril Sobie

Touro Law Review

No abstract provided.

Foster Kids In Limbo: The Effects Of The Interstate Compact On Children In Foster Care, Vivek Sankaran

Articles

Each year, child welfare agencies make over 40,000 requests for home studies to determine whether children in foster care can be placed with parents, relatives, and others living in another state. Each request is governed by the Interstate Compact on the Placement of Children (ICPC), a uniform law adopted by every state to coordinate the placement of foster children in other states. Under the ICPC, a child can only be placed in foster care in another state after the receiving state conducts a home study and approves the proposed placement. Despite its good intentions, the ICPC has become unworkable...A study …

A New Formalism For Family Law, Rebecca Aviel

William & Mary Law Review

Family law is simultaneously moving toward and away from formalist decision making. Examining family law across its various component doctrines—custody disputes, child support, jurisdiction, and parentage—reveals these two competing trends. In some of these areas, scholars and lawmakers have recognized that litigating under open-ended, amorphous standards is unpredictable and often painful, with costs that undermine the very purposes served by these legal frameworks; in these areas we are witnessing a turn toward determinate rules over judicial discretion as the preferred means of resolving disputes. In other areas, however, family law is experiencing a trend toward more flexible decision making that …

Families Matter: Recommendations To Improve Outcomes For Children And Families In Court, Barbara A. Babb, Gloria Danziger

All Faculty Scholarship

The Families Matter initiative was designed as a major, multi-year undertaking to develop legal practice methods and approaches to reduce the destructive consequences of the family legal process. The initiative was intended to respond to the need for deep and meaningful reform of the family law process.

Convened in June 2010 by the University of Baltimore School of Law Sayra and Neil Meyerhoff Center for Families, Children and the Courts (CFCC), the Families Matter Symposium brought together an interdisciplinary group of family law experts for two days at the University of Baltimore to identify problems regarding the practice of family …

Domestic Asset Protection Trusts: A Threat To Child Support?, Trent Maxwell

BYU Law Review

No abstract provided.

Court Of Appeals Of New York, Hernandez V. Robles, Gennaro Savastano

Touro Law Review

No abstract provided.

Supreme Court, Kings County, Wilson V. Kilkenny, James Dougherty

Touro Law Review

No abstract provided.

In Re Allers: A Display Of Progress, Not Perfection, In The Guardianship System, Melanie Rosen

Touro Law Review

No abstract provided.

Faking Equity: A Critique Of The New York Equitable Distribution Statute As Applied To Licenses And Degrees Under The O'Brien Decision, Nicole Giannakis

Touro Law Review

No abstract provided.

Defaults And Choices In The Marriage Contract: How To Increase Autonomy, Encourage Discussion, And Circumvent Constitutional Constraints, Andrew Blair-Stanek

Touro Law Review

No abstract provided.

Comity Of Errors: Foreign Same-Sex Marriages In New York, Gennaro Savastano

Touro Law Review

No abstract provided.