Legal Reform, Social Policy, And Gendered Redistribution In Colombia: The Role Of The Family,
2011
American University Washington College of Law
Legal Reform, Social Policy, And Gendered Redistribution In Colombia: The Role Of The Family, Helena Alviar Garcia
American University Journal of Gender, Social Policy & the Law
No abstract provided.
Do Joint Parenting Laws Make Any Difference?,
2011
Notre Dame Law School
Do Joint Parenting Laws Make Any Difference?, Margaret F. Brinig, Douglas W. Allen
Journal Articles
Using a unique data set on divorcing couples, we analyze the effects of a change in legal entitlement on the outcomes for divorcing couples. In particular, we analyze the 1997 change to custody provisions in the State of Oregon. Prior to 1997, Oregon assigned custody, based on the discretion of the court, in the best interests of the child. This was changed to a presumption- of joint parenting, which manifests in the courts encouraging and imposing joint (or shared) custody in cases that otherwise would have had sole custody arrangements. We find that the law had several implications for divorce …
Interstate Recognition Of Parent-Child Relationships: The Limits Of The State Interests Paradigm And The Role Of Due Process,
2011
Indiana University Maurer School of Law
Interstate Recognition Of Parent-Child Relationships: The Limits Of The State Interests Paradigm And The Role Of Due Process, Steve Sanders
Articles by Maurer Faculty
How secure are the legal relationships between gay or lesbian parents and their children when those families move from one state to another? What happens when a non-biological parent who has been legally recognized as a full parent under the laws of one state moves with her same-sex spouse and their child to a different state where public policy is unfriendly toward same-sex relationships? Or what happens when a same-sex couple adopts a child, thus becoming its full legal parents, then seeks recognition of their parental status in a different state?
In this Article I argue that the traditional doctrines …
The "Right" To Be Trafficked,
2011
Duke University
The "Right" To Be Trafficked, Charles Piot
Indiana Journal of Global Legal Studies
The post-Cold War dispensation in Togo, West Africa, ushered in a new lexicon of politically salient terms, among them droits de 1'homme. Initially deployed in the early 1990s by members of the political opposition to expose dictatorial abuse, this potent signifier then found its way into society at large and, spurred by NGO support, was taken up by women's groups in struggles over gender inequality. This essay explores droits de l'homme's itinerary in the villages of northern Togo where teenage children embraced the term in proclaiming their freedom from parental control. Ironically, the same children now leave their villages to …
Annual Survey Of Periodical Literature,
2011
Mitchell Hamline School of Law
Annual Survey Of Periodical Literature, Nancy Ver Steegh
Faculty Scholarship
The Annual Review of Periodical Literature provides a sampling of law review articles published between November 1, 2009, and October 31, 2010. The survey highlights the variety and depth of family law scholarship produced during the year and calls attention to currently debated "hot topics." Readers are encouraged to read articles of interest in their entirety because the summaries included in the survey are necessarily abbreviated.
Introduction: For Love Or Money? Defining Relationships In Law And Life,
2011
Duke Law School
Introduction: For Love Or Money? Defining Relationships In Law And Life, Kimberly D. Krawiec, Marion Crain
Faculty Scholarship
No abstract provided.
No Difference?: An Analysis Of Same-Sex Parenting,
2011
Case Western Reserve University School of Law
No Difference?: An Analysis Of Same-Sex Parenting, George W. Dent
Faculty Publications
The principal argument for traditional marriage is that it is uniquely beneficial to children. The campaign for same-sex marriage (“SSM”) denies this argument and claims that same-sex couples are just as good as other parents; there is “no difference” between the two. This article analyzes this claim and concludes that it is unsubstantiated and almost certainly false.
Currency Of Love: Customary International Law And The Battle For Same-Sex Marriage In The United States, 14 U. Pa. J.L. & Soc. Change 53 (2011),
2011
John Marshall Law School
Currency Of Love: Customary International Law And The Battle For Same-Sex Marriage In The United States, 14 U. Pa. J.L. & Soc. Change 53 (2011), Sonia Bychkov Green
UIC Law Open Access Faculty Scholarship
No abstract provided.
Social Security Spouse And Survivor Benefits 101: Practical Primer Part Ii (Or Another Reason To Put A Ring On It),
2011
University of Nevada, Las Vegas -- William S. Boyd School of Law
Social Security Spouse And Survivor Benefits 101: Practical Primer Part Ii (Or Another Reason To Put A Ring On It), Francine J. Lipman
Scholarly Works
No abstract provided.
When Courts Collide: Integrated Domestic Violence Courts And Court Pluralism,
2011
University of Nevada, Las Vegas -- William S. Boyd School of Law
When Courts Collide: Integrated Domestic Violence Courts And Court Pluralism, Elizabeth L. Macdowell
Scholarly Works
This Article proposes court pluralism as a new theory for analyzing the role of the justice system in addressing domestic violence. It argues that a systemic view of the justice system is essential to developing coherent reform strategies, and lays out the foundation for taking into account the unique functions of civil and criminal justice in domestic violence cases. In doing so, the Article challenges the one-dimensional characterization of a fragmented court system as bad for victims of domestic violence that dominates legal scholarship, and shows that court fragmentation can be an opportunity and potential source of protection from systemic …
Preventing The Unnecessary Entry Of Children Into Foster Care,
2011
University of Michigan Law School
Preventing The Unnecessary Entry Of Children Into Foster Care, Vivek Sankaran
Articles
A young mother of three endures abuse at the hands of the children's father. Her children repeatedly witness the violence in their home and describe it to a school teacher, who in turn places a call to Child Protective Services (CPS). A CPS investigator arrives at the home the next morning with a plethora of questions for the mother and her children. Have the children been hit? Did they observe the beatings? What steps has their mother taken to protect them? An adversarial conversation ensues. Unsatisfactory answers may lead to tragic consequences-the removal of the children from their home.
The Lavender Letter: Applying The Law Of Adultery To Same-Sex Couples And Same-Sex Conduct,
2011
University of Washington School of Law
The Lavender Letter: Applying The Law Of Adultery To Same-Sex Couples And Same-Sex Conduct, Peter Nicolas
Articles
In this Article, I explore the division in the courts over the question of whether same-sex sexual conduct constitutes adultery in four contexts: (1) criminal adultery prosecutions, (2) fault-based divorce actions, (3) civil tort actions for interference with the marital relationship, and (4) murder cases raising a provocation defense based on a spouse's act of adultery.
In so doing, I arrive at the following conclusions. First, as illustrated in Part I, there is a significant overlap between states that recognize same-sex marriage and states where adulterous conduct is legally relevant, making this more than an interesting theoretical exercise. Second, Part …
Black V. Simms: A Lost Opportunity To Benefit Children By Preserving Sibling Relationships When Same-Sex Families Dissolve,
2011
University of Maryland Francis King Carey School of Law
Black V. Simms: A Lost Opportunity To Benefit Children By Preserving Sibling Relationships When Same-Sex Families Dissolve, Natalie Amato
Student Articles and Papers
No abstract provided.
Legislating After Janice M.: The Constitutionality Of Recognizing De Facto Parenthood In Maryland,
2011
University of Maryland Francis King Carey School of Law
Legislating After Janice M.: The Constitutionality Of Recognizing De Facto Parenthood In Maryland, Rachel Simmonsen
Student Articles and Papers
No abstract provided.
Introduction To Schreyer V Schreyer,
2011
The Peter A. Allard School of Law
Introduction To Schreyer V Schreyer
Canadian Journal of Family Law
No abstract provided.
Out In The Cold: Schreyer V Schreyer’S Call For Law Reform,
2011
The Peter A. Allard School of Law
Out In The Cold: Schreyer V Schreyer’S Call For Law Reform, Susan Boyd, Janis Sarra
Canadian Journal of Family Law
No abstract provided.
"See You On Skype!": Relocation, Access, And Virtual Parenting In The Digital Age,
2011
The Peter A. Allard School of Law
"See You On Skype!": Relocation, Access, And Virtual Parenting In The Digital Age, Christine E. Doucet
Canadian Journal of Family Law
Since its emergence in the 1990s, the Internet has been celebrated as a tool for connecting people from all corners of the globe. Electronic communication tools, such as the Internet, now have a significant role in daily life, particularly with young people. While the legal field traditionally lags behind in integrating technological advancements into practice, these developments are increasingly, albeit somewhat slowly, being incorporated in family law disputes. Courts are now considering the use of virtual visitation to facilitate access between noncustodial parents and their children, particularly in contested relocation cases. This paper will examine the use of virtual visitation …
Book Review: Transforming Law’S Family: The Legal Recognition Of Planned Lesbian Motherhood By Fiona Kelly,
2011
The Peter A. Allard School of Law
Book Review: Transforming Law’S Family: The Legal Recognition Of Planned Lesbian Motherhood By Fiona Kelly, Shelley A.M. Gavigan
Canadian Journal of Family Law
No abstract provided.
Mothers Wishing To Relocate With Children: Actual And Perceived Reasons,
2011
The Peter A. Allard School of Law
Mothers Wishing To Relocate With Children: Actual And Perceived Reasons, Patrick Parkinson, Judy Cashmore, Judi Single
Canadian Journal of Family Law
Thirty-eight mothers in Australia who wanted to move with their children were interviewed about their reasons for wanting to relocate. Forty men, all of whom opposed the mother's move, were also interviewed about what they perceived the mother's reasons were. There were nine former couples in the study. Most women had more than one reason for wanting to relocate, and there were quite often disparate reasons. Women's reasons mainly focused on relationships with family or potential new partners. Conversely, men were more likely to perceive the real reasons as being related to financial issues, jobs, and lifestyle. The article explores …
“Putting The Child First”: A Necessary Step In The Recognition Of The Right To Identity,
2011
The Peter A. Allard School of Law
“Putting The Child First”: A Necessary Step In The Recognition Of The Right To Identity, Michelle Giroux, Mariana De Lorenzi
Canadian Journal of Family Law
In recent years, the number of nations which have banned the anonymous character of gamete donations has increased, including nations that once strongly supported such a position. This shift in national legislative policy worldwide has aided a growing recognition of the right to know one's origins in international law and gives a wider effect to this fundamental right. In Canada, while there has been discussion about the importance of the right to know one's biological origins, this right has not been universally guaranteed through legislation, either to adoptees or to the donor-conceived. This article refers mostly to Québec legislation, but …
