Family Law Commons^™

Should I Stay Or Should I Go: Why Immigrant Reunification Decisions Should Be Based On The Best Interest Of The Child, Marcia A. Yablon-Zug

Faculty Publications

No abstract provided.

Advocating For Children In Care In A Climate Of Economic Recession: The Relationship Between Poverty And Child Maltreatment., Bruce A. Boyer, Amy E. Halbrook

Faculty Publications & Other Works

No abstract provided.

Child Friendly Legal Aid In Africa, Diane C. Geraghty, Thomas F. Geraghty

Faculty Publications & Other Works

No abstract provided.

Are Christians Fit To Be Parents And Guardians—The Case Of Johns V. Derby City Council, Robert J. Araujo S.J.

Faculty Publications & Other Works

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

Scholarly Works

No abstract provided.

Deadbeats, Deadbrokes, And Prisoners, Ann Cammett

Scholarly Works

Historically, child support policy has targeted absent parents with aggressive enforcement measures. Such an approach is based on an economic resource model that is increasingly irrelevant, even counterproductive, for many low-income families. Specifically, modern day mass incarceration has radically skewed the paradigm on which the child support system is based, removing millions of parents from the formal economy entirely, diminishing their income opportunities after release, and rendering them ineffective economic actors. Such a flawed policy approach creates unintended consequences for the children of these parents by compromising a core non-monetary goal of child support system – parent-child engagement – as …

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 …

Reviving Proxy Marriage, Andrea B. Carroll

Journal Articles

Marriage is merely a contract. It creates myriad rights and responsibilities - essentially conferring a status - but the American states recognize without exception that the parties’ relationship is at base nothing more than a contractual one. Still, modern society has elevated the marriage contract above all others. This distinction has overwhelmingly focused on the very personal nature of the marital relationship, a feature nonexistent in the arms-length contractual dealings with which we are accustomed to working when applying contract law. As a result, marriage is subject to a number of requirements, even at the level of contractual formation, which …

The Fourth Amendment Rights Of Children At Home: When Parental Authority Goes Too Far, Kristin N. Henning

Georgetown Law Faculty Publications and Other Works

Although it is virtually undisputed that children have some Fourth Amendment rights independent of their parents, it is equally clear that youth generally receive less constitutional protection than adults. In a search for continuity and coherence in Fourth Amendment jurisprudence involving minors, Professor Henning identifies three guiding principles—context, parental authority, and the minor’s capacity—that weave together children’s rights cases. She argues that parental authority too often prevails over children’s rights, even when context and demonstrated capacity would support affirmation of those rights. Context involves both the physical setting in which Fourth Amendment protections are sought and the nature of the …

The Hendershott Ruling: When Mediation Runs Into Domestic Violence, Eduardo R.C. Capulong

Faculty Journal Articles & Other Writings

This article examines the Montana Supreme Court's decision in Hendershott v. Westphal, a case of first impression in which the Court held that MCA 40-4-301(2) bars district courts in family law proceedings "from authorizing or continuing mediation of any kind where there is a reason to suspect emotional, physical, or sexual abuse."

Hofstra’S Family Law With Skills Course: Implementing Fler (The Family Law Education Reform Project), Andrew Schepard, J. Herbie Difonzo

Hofstra Law Faculty Scholarship

The Family Law Education Reform Project (FLER ) Final Report documented that the current doctrinally oriented family law curriculum at most law schools does not adequately prepare students for modern family law practice. FLER recommended that law school courses move from the study of cases to the study of the legal system’s effect on families, and integrate the study of alternative dispute resolution and interdisciplinary knowledge. In response, Hofstra Law School has made a comprehensive attempt to implement FLER’s curricular recommendations. This article discusses one major innovation – the Family Law with Skills course. Family Law with Skills is the …

Parenting By The Clock: The Best-Interest-Of-The-Child Standard, Judicial Discretion, And The American Law Institute's "Approximation Rule", Richard A. Warshak

University of Baltimore Law Review

No abstract provided.

The Principle Of Subsidiarity Applied: Reforming The Legal Framework To Capture The Psychological Abuse Of Children, Jessica Dixon Weaver

Faculty Journal Articles and Book Chapters

Psychological abuse is the most prevalent type of child abuse. It lies at the core of child maltreatment because it is embedded in and interacts with physical and sexual abuse, as well as physical neglect. It also has a more extensive and destructive impact on the development of children than any other type of abuse. Yet, the current child protection system fails to adequately address the problem because the normative framework of the child protection system does not always include the psychological abuse of children. For the majority of states, the physical health, safety, and well-being of children are focal …

Getting To Stay: Clarifying Legal Treatment Of Improper Adoptions, Elena Schwieger

NYLS Law Review

No abstract provided.

Not Of Woman Born: A Scientific Fantasy, Jennifer S. Hendricks

Publications

This Article explores the legal implications of a scientific fantasy: building artificial wombs that could gestate a human child from conception to birth. Because claims about the technological possibility of artificial wombs in the foreseeable future are likely overstated, the focus of the Article is the effect that the fantasy of artificial gestation has on the legal discourse about pregnancy and reproduction today.

The Article first places the fantasy of artificial gestation in the context of theories about reproduction that western science has propounded. The history of scientific theorizing about reproduction is a history of scientists emphasizing the male contribution …

Respect For Me But Not For Thee: Reflections On The Impact Of Same-Sex Marriage On Education, Charles J. Russo

Educational Leadership Faculty Publications

Examples of the ramifications of same-sex marriage in education are beginning to emerge whether in K-12 public or non-public schools or higher education. In K-12 schools, controversies have surfaced over whether school officials can use gay friendly curricular material for young children, 15 whether religiously affiliated non-public schools are obligated to enroll children who are being raised by couples in same-sex unions, 16 and whether students can bring same-sex dates to proms. 17 In like manner, disputes have arisen in higher education, particularly in the context of graduate counseling programs where two students unsuccessfully challenged their dismissals for professing their …

Cutting Edge Issues In Family And Matrimonial Law: An Annotated Bibliography, Nancy Levit

Faculty Works

This bibliography covers law review articles published, for the most part, after 2007. Articles for which the title is self-explanatory or that concern only a single case, state, or statute are cited, but not annotated. Property-related issues will appear in the fall 2011 bibliography.

Sifre V. Sifre, Victoria Rosner

NYLS Law Review

No abstract provided.

International Adoption: A Way Forward, Elizabeth Bartholet

NYLS Law Review

No abstract provided.

Finding Home In The World: A Deontological Theory Of The Right To Be Adopted, Paulo Barrozo

NYLS Law Review

No abstract provided.