Open Access. Powered by Scholars. Published by Universities.®

Family Law Commons™

Open Access. Powered by Scholars. Published by Universities.®

7,958 Full-Text Articles 6,067 Authors 9,758,073 Downloads 188 Institutions

All Articles in Family Law

Faceted Search

7,958 full-text articles. Page 171 of 201.

Issues Facing The Family Mediation Field , Joan B. Kelly 2012 Pepperdine University

Issues Facing The Family Mediation Field , Joan B. Kelly

Pepperdine Dispute Resolution Law Journal

This article analyzes a number of important issues confronting family mediation in the new millennium. The article addresses family mediation as an interdisciplinary field and the certification of family mediators. The article also explores how to ensure competence in family mediators.


Institutionalizing Mediation: The Role Of Lawyers And Bar Associations , Ronald R. Volkmer 2012 Pepperdine University

Institutionalizing Mediation: The Role Of Lawyers And Bar Associations , Ronald R. Volkmer

Pepperdine Dispute Resolution Law Journal

The world of trusts and estates is changing before our eyes - the "multidiscipline practice" trend may radically change the traditional practice of the probate bar. There is one constant, however, besides change and that is conflict. That conflict is oftentimes lurking beneath the surface when a lawyer becomes involved in the estate planning process. All of the technical knowledge you may possess about the legal system and its rules is valuable and necessary. But, the estate planning lawyer is preeminently a counselor at law. In the strongest possible way I urge students to become aware of conflict management skills …


Mediation And Jury Trials As Means Of Resolving Will Contests , Ronald Chester 2012 Pepperdine University

Mediation And Jury Trials As Means Of Resolving Will Contests , Ronald Chester

Pepperdine Dispute Resolution Law Journal

In the vast range of human problems that law seeks to govern, there are certain areas in which legalisms and legal thinking are not particularly useful. It is my belief that one of these areas is that of will contests, in which nonlawyer dispute resolution seems particularly effective.


Mediation Of Probate Matters: Leaving A Valuable Legacy , Lela Porter Love 2012 Pepperdine University

Mediation Of Probate Matters: Leaving A Valuable Legacy , Lela Porter Love

Pepperdine Dispute Resolution Law Journal

Mediation has the power to bring parties to a different level of understanding about their underlying situation and about each other, to re-establish family harmony and to resolve both monetary and relationship issues that probate matters generally involve. To realize these advantages, this paper makes two suggestions. First, attorneys should urge testators to consider dispute resolution provisions in their will. Such provisions allow the testator to weigh in with a directive that the family pull together and attempt to resolve its conflicts creatively. A dispute resolution clause can also provide a vehicle to express and encourage family values connected with …


Advantages And Disadvantages Of Mediation In Probate, Trust, And Guardianship Matters , Mary F. Radford 2012 Pepperdine University

Advantages And Disadvantages Of Mediation In Probate, Trust, And Guardianship Matters , Mary F. Radford

Pepperdine Dispute Resolution Law Journal

Mediation is the ADR process by which a neutral third party works with disputants to reach a mutually agreeable resolution. Mediation is arguably the oldest and most popular ADR technique in use today. Part I of this essay discusses the commonly accepted advantages of mediation as an alternative to litigation, and, in some instances, questions whether those advantages become disadvantages in the context of probate, trust, and guardianship cases. Part II examines the use of mediation as a component of the actual estate planning process rather than as an alternative to litigation.


The Greatest Heritage Is The Love Of A Family: The Larson Case And The Mediation Of Probate Disputes, Susan N. Gary 2012 Pepperdine University

The Greatest Heritage Is The Love Of A Family: The Larson Case And The Mediation Of Probate Disputes, Susan N. Gary

Pepperdine Dispute Resolution Law Journal

In 1981, two brothers, Ben and William Larson, began litigation that would last for four years. By the time the lawsuit ended, the "winning" brother was dead, and the other brother was bitter and estranged from the family of his only sibling. Although one can only speculate, had the brothers chosen mediation, rather than litigation, to resolve their dispute, both brothers might have achieved a better outcome.


Summary Of In Re Parental Rights As To C.C.A., 128 Nev. Adv. Op. No. 15, William S. Habdas 2012 Nevada Law Journal

Summary Of In Re Parental Rights As To C.C.A., 128 Nev. Adv. Op. No. 15, William S. Habdas

Nevada Supreme Court Summaries

An appeal of a district court’s order terminating the appellant’s parental rights.


The Kids Aren't Alright: Every Child Should Have An Attorney In Child Welfare Proceedings In Florida, Michael J. Dale, Louis M. Reidenberg 2012 Nova Southeastern University - Shepard Broad Law Center

The Kids Aren't Alright: Every Child Should Have An Attorney In Child Welfare Proceedings In Florida, Michael J. Dale, Louis M. Reidenberg

Faculty Scholarship

This article is a continuation of a discussion as to why, as a matter of Florida constitutional law, public policy, and professional ethics, Florida's children need independent attorneys from the inception of all dependency and termination of parental rights cases to their completion. It is based upon events which have occurred since the authors' last article on this topic in the Nova Law Review, including the Barahona case, the resolution by the American Bar Association (ABA) in August 2011 at its Annual Convention in Toronto adopting the ABA Model Act Governing the Representation of Children in Abuse, Neglect, and Dependency …


West Virginia Courts Attempting To Equitably Distribute Defined Benefit Pension Plans During Divorce Proceedings: An Examination Of The Immediate Offset And Deferred Distribution Methods, Alex Greenberg 2012 West Virginia University College of Law

West Virginia Courts Attempting To Equitably Distribute Defined Benefit Pension Plans During Divorce Proceedings: An Examination Of The Immediate Offset And Deferred Distribution Methods, Alex Greenberg

West Virginia Law Review

No abstract provided.


Adultery By Doctor: Artificial Insemination, 1890–1945, Kara W. Swanson 2012 Chicago-Kent College of Law

Adultery By Doctor: Artificial Insemination, 1890–1945, Kara W. Swanson

Chicago-Kent Law Review

In 1945, American judges decided the first court cases involving assisted conception. The challenges posed by assisted reproductive technologies to law and society made national news then, and have continued to do so into the twenty-first century. This article considers the first technique of assisted conception, artificial insemination, from the late nineteenth century to 1945, the period in which doctors and their patients worked to transform it from a curiosity into an accepted medical technique, a transformation that also changed a largely clandestine medical practice into one of the most pressing medicolegal problems of the mid-twentieth century. Doctors and lawyers …


Exposing The Traditional Marriage Agenda, Jessica Feinberg 2012 Northwestern Pritzker School of Law

Exposing The Traditional Marriage Agenda, Jessica Feinberg

Northwestern Journal of Law & Social Policy

The success of a social justice movement, especially with regard to issues upon which the public will be voting, depends in significant part on how the issues are defined or framed. Anti-same-sex marriage campaigns frequently urge voters to vote in favor of laws defining marriage as between a man and a woman in order to “protect traditional marriage.” Instead of framing the issue as a question of whether individuals of the same sex should be banned from marrying, anti-same-sex marriage campaigns often frame the issue as a question of whether traditional marriage should be protected from redefinition. This strategy has …


Modern Odysseus Or Classic Fraud - Fourteen Years In Prison For Civil Contempt Without A Jury Trial, Judicial Power Without Limitation, And An Examination Of The Failure Of Due Process, Mitchell J. Frank 2012 Barry University

Modern Odysseus Or Classic Fraud - Fourteen Years In Prison For Civil Contempt Without A Jury Trial, Judicial Power Without Limitation, And An Examination Of The Failure Of Due Process, Mitchell J. Frank

Faculty Scholarship

No abstract provided.


Every Adolescent Deserves A Parent, Dale Margolin Cecka 2012 University of Richmond

Every Adolescent Deserves A Parent, Dale Margolin Cecka

Law Faculty Publications

This article argues that all adolescents, indeed all human beings, deserve at least one parent—one person who takes the good with the bad because that person’s life is intertwined with the child’s. The child matters to the parent in a way that a friend, nephew, or foster child may not. Child welfare professionals must never lose sight of this principle when they recruit, train, and maintain parents for adolescents. The parent can be someone who is already in the young person’s life or someone who has been unable to parent in the past, but is now ready to secure that …


A Parent Is A Parent, No Matter How Small, Kendra Huard Fershee 2012 William & Mary Law School

A Parent Is A Parent, No Matter How Small, Kendra Huard Fershee

William & Mary Journal of Race, Gender, and Social Justice

Every parent in America has constitutional rights to parent his or her children. If a parent is under the age of eighteen, however, those rights are tenuous. There is no question that adolescent parents face difficulties while trying to juggle school, parental responsibilities, work, their social lives, and more. Add to that long list of challenges the legal infirmities all minors share, and a picture of impending disaster begins to appear for the adolescent parent and his or her child. Furthermore, once a minor parent enters the family court system— instead of getting the services, training, and supervision that may …


Siblings In Law, Jill E. Hasday 2012 Vanderbilt University Law School

Siblings In Law, Jill E. Hasday

Vanderbilt Law Review

Family law's intense concentration on marriage and parenthood has left little room for legal attention directed at any other family relationship. The breadth of this exclusion from family law's canon is enormous. Examining the legal treatment of one noncanonical family relationship, whose marginalization in family law is particularly remarkable, can provide a foundation for better understanding the consequences of family law's narrowness. The sibling relationship offers a striking illustration of a crucial, yet legally neglected, family tie. Siblings can give each other support, love, nurturing, and stability. But the law governing children's family relationships focuses almost exclusively on children's ties …


The Combined Impact Of Prwora, Fmla, Irc, Frd, Dppa, And Bapcpa On Single Mothers And Their Children, Pamela Gershuny 2012 William & Mary Law School

The Combined Impact Of Prwora, Fmla, Irc, Frd, Dppa, And Bapcpa On Single Mothers And Their Children, Pamela Gershuny

William & Mary Journal of Race, Gender, and Social Justice

No abstract provided.


My Daddy's Name Is Donor: Evaluating Sperm Donation Anonymity And Regulation, Mark Ballantyne 2012 University of Richmond

My Daddy's Name Is Donor: Evaluating Sperm Donation Anonymity And Regulation, Mark Ballantyne

Law Student Publications

In Part I, this comment explores the debate on anonymous sperm donation and the current law in the United States. Part II surveys new developments in the regulation of sperm donation internationally and domestically. Part III reviews “My Daddy’s Name is Donor” and how its findings relate to the anonymity debate. Part IV concludes with suggestions regarding the national registry and future regulation of sperm donation in the United States.


Renegotiating The Social Contract, Jennifer S. Hendricks 2012 University of Tennessee College of Law

Renegotiating The Social Contract, Jennifer S. Hendricks

Michigan Law Review

Despite an economic recession and record levels of personal bankruptcy filings due to healthcare costs, President Obama's healthcare reform initiative sparked a season of protests. A "public option"-not to mention a single-payer system-was off the table even before the discussion began. As the question of the reform package's constitutionality wound its way to the Supreme Court, it became clear that a substantial number of American people do not want their government helping them stay alive. In this climate, it is difficult to imagine an America in which the state is an accepted partner in meeting the challenges and responsibilities of …


Purpose Vs. Power: Parens Patriae And Agency Self-Interest, Daniel L. Hatcher 2012 University of Baltimore School of Law

Purpose Vs. Power: Parens Patriae And Agency Self-Interest, Daniel L. Hatcher

All Faculty Scholarship

The purpose of human service agencies to serve vulnerable populations such as abused and neglected children derives from the common law doctrine of parens patriae, embodying the inherent role of the state as parent of the country. However, along with this foundational purpose, the parens patriae doctrine also provides power that is illusive to public knowledge and oversight. To maintain their cloak of power, the very agencies created to fulfill the parens patriae obligations — to protect the rights of children — have systematically battled the children’s efforts to claim those rights as their own. Also, the agencies have now …


Teaching Social Justice Lawyering: Systematically Including Community Legal Education In Law School Clinics, Margaret Martin Barry, A. Rachel Camp, Margaret E. Johnson, Catherine F. Klein, Lisa V. Martin 2012 Vermont Law School

Teaching Social Justice Lawyering: Systematically Including Community Legal Education In Law School Clinics, Margaret Martin Barry, A. Rachel Camp, Margaret E. Johnson, Catherine F. Klein, Lisa V. Martin

All Faculty Scholarship

There is a body of literature on clinical legal theory that urges a focus in clinics beyond the single client to an explicit teaching of social justice lawyering. This Article adds to this emerging body of work by discussing the valuable role community legal education plays as a vehicle for teaching skills and values essential to single client representation and social justice lawyering. The Article examines the theoretical underpinnings of clinical legal education, community organizing and community education and how they influenced the authors’ design and implementation of community legal education within their clinics. It then discusses two projects designed …


Digital Commons powered by bepress