Family Law Commons^™

Domestic Violence Does Not Discriminate By Color Or Race: Examining Domestic Violence Comparatively In The Jewish And Latino Communities, Victoria Gonchar

Student Works

No abstract provided.

Raising Hope For Children In Foster Care: An Argument In Favor Of Expanding The Pool Of Qualified Applicants, Tapia Mateo

Student Works

No abstract provided.

Three Strikes, Yet They Keep On Swinging: Athletes And Domestic Violence, Victoria Lucido

Student Works

No abstract provided.

[Including But Not Limited To] Violence Against Women, Giovanna Shay

Faculty Scholarship

This Article highlights three developments in criminal justice in 2012 that marked the move toward more gender-inclusive anti-violence movements: the FBI’s adoption of a gender-neutral definition of rape; the debate regarding the reauthorization of the Violence Against Women Act (VAWA); and the promulgation of new Department of Justice (DOJ) regulations under the Prison Rape Elimination Act of 2003 (PREA). These recent developments reveal a growing movement towards more gender-inclusive conceptions of rape and intimate partner violence. The change to a more gender-inclusive approach will have many implications for criminal justice policy and institutions. One critical project is to ensure that …

The New Baby Mama Drama: Equal Rights To Compensation For Birth Mothers Of Adopted Infants As Granted To Egg Donors And Surrogates, Jenny Beecroft

Student Works

No abstract provided.

Book Review: Fifty Years In Family Law: Essays For Stephen Cretney (Rebecca Probert & Chris Barton Eds. 2012), Nancy E. Dowd

UF Law Faculty Publications

This collection honors the life and work of Stephen Cretney, the preeminent British scholar of family law. For those wanting an entry point into British family law, this is a wonderful volume. For those who know it well and admire the work of Stephen Cretney, as well as the work of this preeminent group of scholars, it will also be of much value as a remarkable group of essays. As an example of life's work that we all might hope to achieve, in many manifestations, but with dedication to the common good, it is a model to which we all …

Alone And Unrepresented: A Call To Congress To Provide Counsel For Unaccompanied Minors, Shani M. King

UF Law Faculty Publications

The legal rights of children who enter a country without their parents or other guardians, including the right to legal representation in immigration proceedings, differ vastly across the globe. This Article is the first to show that unaccompanied minors lie at the nexus of international and regional human rights standards governing the treatment of immigrants, children, and civil counsel and to show how the development of human rights standards in these three areas underscores the importance of and the need for counsel for unaccompanied minors. Part I illustrates why unaccompanied minors in the United States need legal representation by focusing …

Screening For Intimate Partner Violence In Mediation, Kelly Browe Olson

Law Faculty Scholarship

No abstract provided.

A Dilemma Of Doctrinal Design: Rights, Identity And The Work-Family Conflict, Lauren Sudeall Lucas

Faculty Publications By Year

This symposium article suggests that with regard to the work-family conflict, we may have exhausted doctrine’s potential in setting a constitutional foundation for women to be treated as equals in the workplace and requiring that they not be discriminated against in the event that they decide to start a family. For purposes of this piece, those accomplishments constitute the first phase or “first generation” of progress. This article is concerned with how doctrine relates to “second generation” issues arising from the work-family conflict: how to balance work and family once some initial level of equality has been achieved; how to …

Community Mediation Of Parenting Disputes Between Estranged Parents, Madhawa Palihapitiya, Kaila Obstfeld Eisenkraft

Massachusetts Office of Public Collaboration Publications

Community mediation, characterized by free or low cost mediation services delivered primarily by volunteer mediators, aims to provide effective dispute resolution services to a broad spectrum of the population, particularly to underserved and low-income populations. The present study seeks to determine whether community mediation fulfills this goal with respect to divorce/separation-related parenting disputes while concomitantly testing the legitimacy of concerns about the quality of mediation services offered according to a community mediation model. Thus, the effectiveness of community mediation in resolving these disputes is measured through indicators reported by mediation participants, such as the population served, mediation results and party …

It's [Not] A Black Thing: The Black/Gay Split Over Same-Sex Marriage - A Critical [Race] Perspective, Adele M. Morrison

Law Faculty Research Publications

No abstract provided.

Filial Support Laws In The Modern Era: Domestic And International Comparison Of Enforcement Practices For Laws Requiring Adult Children To Support Indigent Parents, Katherine C. Pearson

Faculty Scholarship

Family responsibility and support laws have a long but mixed history. When first enacted, policy makers used such laws to declare an official policy that family members should support each other, rather than draw upon public resources. This article tracks modern developments with filial support laws that purport to obligate adult children to financially assist their parents, if indigent or needy. The author diagrams filial support laws that have survived in the 21st Century and compares core components in the United States (including Puerto Rico) and post-Soviet Union Ukraine. While the laws are often similar in wording and declared intent, …

Family Law: Husband And Wife, Joseph W. Mcknight, Shanin Turner Brevig

SMU Law Review

No abstract provided.

Equality Between Adults And Children: Its Meaning, Implications, And Opposition, James G. Dwyer

Faculty Publications

Family law scholars have devoted much attention to equality among groups of adults and some attention to equality between groups of children. There has been little exploration, however, of the notion of equality between adults and children. In this Article, I first explain what it means at a basic, theoretical level to speak of such equality. I then identify some practical implications. Finally, I consider why there is great resistance to many practical implications of children's equality, even among those who would consider themselves advocates for child welfare.

40th Anniversary Of Roe V. Wade: Reflections Past, Present And Future, Linda L. Schlueter

Faculty Articles

This Article addresses the historical developments leading to the Roe decision, reviews the cases that continue to challenge the Court's holding in Roe, and makes recommendations to protect women and minors as long as Roe remains in effect. Part II reflects the historical legal foundations that protected life and the shift in emphasis to a liberty interest that led to the Roe decision. Part III analyzes the factual and legal background of Roe v. Wade, and its companion case of Doe v. Bolton, reveals their basis in lies and deception, and exposes that the Supreme Court's underlying assumptions that are …

Fathers, Divorce, And Child Custody, Matthew M. Stevenson, Sanford L. Braver, Ira M. Ellman, Ashley M. Votruba

Department of Psychology: Faculty Publications

A great many fathers will have their fathering eliminated, disrupted, or vastly changed because they become divorced from the child’s mother. In fact, between 40% and 50% of marriages end in divorce (Cherlin, 2010). Although the divorce rate (measured as divorces per 1,000 people) is high by the standards prior to the late 1960s, it has actually fallen more than 30% since its peak in 1980. The decline in divorce rates in recent years has, however, been concentrated among the college-educated portion of the population; divorce rates among the less well educated may have even increased (Cherlin, 2010). But for …

Revisiting Mary Ann Glendon: Abortion, Divorce, Dependency, And Rights Talk In Western Law, Margaret F. Brining, Linda C. Mcclain

Faculty Scholarship

This essay revisits Mary Ann Glendon’s comparative law study, Abortion and Divorce in Western Law and her subsequent book, Rights Talk: The Impoverishment of Political Discourse. Glendon’s comparative study actually included a third topic: “forms of dependency which are connected with pregnancy, marriage, and child raising.” The topic of dependency has obvious relevance to consideration of intergenerational obligations and the interplay between family responsibility and societal responsibility for addressing dependency needs.

A central claim Glendon made in both books is that the U.S. legal tradition is “libertarian,” views individuals as “lone rights bearers,” and exalts the “right to be let …

The Aaml Child Custody Evaluation Standards: Bridging Two Worlds, Child Custody Evaluation Standards, Sacha M. Coupet

Faculty Publications & Other Works

No abstract provided.

What Price Liberty: The Search For Equality For Kinship-Caregiving Families, Sacha M. Coupet

Faculty Publications & Other Works

No abstract provided.

Undocumented Children And Families In America: An Interdisciplinary Exploration Of Challenges And Emerging Opportunities, Diane C. Geraghty

Faculty Publications & Other Works

No abstract provided.