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7,958 full-text articles. Page 186 of 201.

Legal Reform, Social Policy, And Gendered Redistribution In Colombia: The Role Of The Family, Helena Alviar Garcia 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?, Margaret F. Brinig, Douglas W. Allen 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, Steve Sanders 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, Charles Piot 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, Nancy Ver Steegh 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, Kimberly D. Krawiec, Marion Crain 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, George W. Dent 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), Sonia Bychkov Green 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), Francine J. Lipman 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, Elizabeth L. MacDowell 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, Vivek Sankaran 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, Peter Nicolas 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, Natalie Amato 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, Rachel Simmonsen 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, Susan Boyd, Janis Sarra 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, Christine E. Doucet 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, Shelley A.M. Gavigan 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, Patrick Parkinson, Judy Cashmore, Judi Single 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, Michelle Giroux, Mariana De Lorenzi 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 …


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