Summary Of In Re A.B., 128 Nev. Adv. Op. 70,
2013
Nevada Law Journal
Summary Of In Re A.B., 128 Nev. Adv. Op. 70, Timothy A. Wiseman
Nevada Supreme Court Summaries
The court considered how a dependency master’s finding of facts and recommendations should be reviewed by the juvenile dependency judge.
Sexual Orientation Of Fatherhood,
2013
Penn State Law
Sexual Orientation Of Fatherhood, Dara Purvis
Faculty Scholarship
In this Article, I examine how same-sex fathers affect the perception of heterosexual caretaking fathers - and by extension, could affect the perception of heterosexual non-caretaking mothers. I conclude that gay stay-at-home fathers offer a provocative opportunity to broaden societal views of men and caregiving more generally, and argue that greater recognition of parents who counteract gender stereotypes - even where the recognition might arguably lessen women's rights in family law - ultimately helps women as well as children and nontraditional parents. Part I discusses fathers, particularly stay-at-home fathers, the practical problems fathers face combining work and caregiving responsibilities, and …
Parsing Parenthood,
2013
Brooklyn Law School
Family Law Equality At A Crossroads,
2013
Brooklyn Law School
Family Law Equality At A Crossroads, David D. Meyer
Faculty Scholarship
No abstract provided.
Civil Actions For Acts That Are Valid According To Religious Family Law But Harm Women's Rights: Legal Pluralism In Cases Of Collision Between Two Sets Of Laws,
2013
Vanderbilt University Law School
Civil Actions For Acts That Are Valid According To Religious Family Law But Harm Women's Rights: Legal Pluralism In Cases Of Collision Between Two Sets Of Laws, Benjamin Shmueli
Vanderbilt Journal of Transnational Law
This Article analyzes the implications of legal pluralism when religious family law conflicts with state civil tort law. Refusal to grant a get (a Jewish divorce bill) in Jewish law, divorcing a wife against her will in Muslim Shari'a law, and bigamy and polygamy in Muslim Shari'a law are practices permitted by personal-religious family law that harm human rights. This Article seeks to answer the question whether tort law should overrule family law, with the proviso that it be applied sensibly when deciding family matters; or whether the two disciplines of law are complementary, in the sense that liberal tort …
Expanding The Vienna Convention On Consular Relations,
2013
Vanderbilt University Law School
Expanding The Vienna Convention On Consular Relations, Sarah G. Mccroskey
Vanderbilt Journal of Transnational Law
Article 37 of the Vienna Convention on Consular Relations (VCCR) aims to protect the interests of foreign national children by requiring consular notification whenever these children come into the custody of the state. Consular assistance can be invaluable for foreign national parents and children who may not understand the language or the culture and who may be subject to discrimination based on their nationality. However, the VCCR is currently inadequate in two major ways. First, the protections of Article 37 are only triggered when the child in custody is a foreign national, leaving vulnerable to unfair treatment families in which …
Fathers, Divorce, And Child Custody,
2013
Arizona State University
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 …
How Congress Could Defend Doma In Court (And Why The Blag Cannot),
2013
University of Georgia School of Law
How Congress Could Defend Doma In Court (And Why The Blag Cannot), Matthew I. Hall
Scholarly Works
In one of the most closely watched litigation matters in recent years, the Supreme Court will soon consider Edith Windsor's challenge to the Defense of Marriage Act (DOMA). The Court surprised many observers by granting certiorari, not only on the merits of Windsor's equal protection and due process claims, but also on the question whether the defendants — the United States and the Bipartisan Legal Advisory Group of the House of Representatives (the BLAG) — have Article III standing to defend DOMA. The United States has agreed with plaintiffs that DOMA is unconstitutional, prompting the BLAG to intervene for the …
The Effect Of Pre-Legal Recognition Cohabitation On Alimony And Equitable Distribution In Same-Sex Dissolution Cases,
2013
Seton Hall Law
The Effect Of Pre-Legal Recognition Cohabitation On Alimony And Equitable Distribution In Same-Sex Dissolution Cases, Alison J. Miller
Student Works
No abstract provided.
Domestic Violence Does Not Discriminate By Color Or Race: Examining Domestic Violence Comparatively In The Jewish And Latino Communities,
2013
Seton Hall Law
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,
2013
Seton Hall Law
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,
2013
Seton Hall Law
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,
2013
Western New England University School of Law
[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 …
Marriage Rights And The Good Life: A Sociological Theory Of Marriage And Constitutional Law,
2013
New York Law School
Marriage Rights And The Good Life: A Sociological Theory Of Marriage And Constitutional Law, Ari Ezra Waldman
Articles & Chapters
This is the first in a series of three Articles investigating the underappreciated role that the social theory of Emile Durkheim plays in the quest for the freedom to marry for gay Americans. To that end, this Article begins the discussion by examining the Durkheimian legal arguments that go unnoticed in equal protection and due process claims against marriage discrimination. This Article challenges two assumptions: first, that the most effective legal argument for marriage rights is a purely liberal one, and second, that the substance and rhetoric of liberal toleration cannot exist symbiotically in the marriage discrimination debate with a …
Prostitution 3.0?,
2013
University of Colorado Law School
Prostitution 3.0?, Scott R. Peppet
Publications
This Article presents an entirely novel approach to prostitution reform focused on incremental market improvement facilitated by information law and policy. Empirical evidence from the economics and sociology of sex work shows that new, Internet-enabled, indoor forms of prostitution may be healthier, less violent, and more rewarding than traditional street prostitution. This Article argues that these existing "Prostitution 2.0" innovations have not yet improved sex markets sufficiently to warrant legalization. It suggests that creating a new "Prostitution 3.0" that solves the remaining problems of disease, violence, and coercion in prostitution markets is possible, but would require removing legal barriers to …
Neofeminism,
2013
University of Colorado Law School
Neofeminism, Aya Gruber
Publications
Today it is prosaic to say that "feminism is dead." Far from being moribund, feminist legal theory is breaking from its somewhat dogmatic past and forging ahead with new vigor. Many modern feminist legal scholars seek innovative ways to better the legal, social, and economic status of women while simultaneously questioning some of the more troubling moves of second-wave feminism, such as the tendency to essentialize the woman's experience, the turn to authoritarian state policies, and the characterization of women as pure objects or agents. These "neofeminists" prioritize women's issues but maintain a strong commitment to distributive justice and recognize …
Re-Problematizing Anger In Domestic Violence Advocacy,
2013
University of Colorado Law School
Re-Problematizing Anger In Domestic Violence Advocacy, Deborah Cantrell
Publications
Feminist advocacy commits wholeheartedly to a woman’s autonomous choices about how to respond to domestic violence, prioritizing a woman’s own lived experiences and her own assessments of her needs and goals over other supposedly “objective” assessments. Feminists robustly privilege individual choices of women in part as a way of revealing anti-woman bias in the dominant, patriarchal legal system as well to reject male constructions of feminine behavior. In feminist domestic violence advocacy, scholars and advocates have argued that a woman’s autonomous choices include capacious choices about the kinds of emotions that a woman might express about being subjected to abuse. …
Equality Between Adults And Children: Its Meaning, Implications, And Opposition,
2013
William & Mary Law School
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.
Misused Concepts And Misguided Questions: Fundamental Confusions In Family Law Debates,
2013
William & Mary Law School
Misused Concepts And Misguided Questions: Fundamental Confusions In Family Law Debates, James G. Dwyer
Faculty Publications
No abstract provided.
Sex And Statutory Uniformity: Harmonizing The Legal Treatment Of Semen,
2013
William & Mary Law School
Sex And Statutory Uniformity: Harmonizing The Legal Treatment Of Semen, Myrisha S. Lewis
Faculty Publications
No abstract provided.
