Family Law Commons^™

2025, Richard Delgado

Seattle University Law Review

"In a cutting and provocative social critique in one of the more extended Rodrigo Chronicles, Richard Delgado in 2025 employs skillful narrative—one of CRT’s many contributions to legal scholarship —to tell a gripping story of just how far the nation has descended into darkness with President Trump’s re-election. In Delgado’s vision, law professors—along with other political opponents of the President: immigrants, people of color, LGBTQ+ people, women, the underserved—have targets on their backs."

-excerpt from Kevin Johnson's review of 2025

The Preventative Care Gap: Completing The Aca’S Vision For Health, Abby Nagaich

Seattle University Law Review

This Note examines the preventive care mandate under the Affordable Care Act (ACA) and the legal, political, and practical challenges that threaten its effectiveness. While the ACA significantly expanded access to no-cost preventive services, gaps remain—particularly in behavioral health, obesity management, and equitable service delivery. Ongoing litigation, potential administrative rollbacks, and shifting political leadership further destabilize this critical component of public health policy.

This Note argues that for the ACA to fulfill its original promise—and for any health framework to succeed—preventive care must be redefined as a comprehensive, early intervention approach grounded in both systemic access and patient education. It …

الإجتهاد اللبناني, Poej

Proche-Orient, Études juridiques

No abstract provided.

الإجتهاد اللبناني, Poej

Proche-Orient, Études juridiques

No abstract provided.

The Paradox Of Protection: How Age Of Consent Laws Fail The Youth They Were Designed To Defend, Christie Smith

Advanced Issues in Criminal Law: Sex Offenses

This paper examines the historical development, modern inconsistencies, and unintended consequences of age of consent laws in the United States and abroad. Tracing the doctrine from its origins in English common law through reform movements in countries such as the United States, India, and Canada, the paper argues that age of consent laws have often reflected shifting political, economic, and patriarchal objectives rather than coherent principles of protection or developmental maturity. The paper explores discrepancies across jurisdictions, contradictions in adolescent autonomy, gender bias in enforcement, and the overcriminalization of consensual relationships between minors. It further analyzes how modern statutory frameworks …

No Child Left To Heal Alone: Rethinking Restitution For Child Victims Of Sexual Abuse, Jessica Valiani

Advanced Issues in Criminal Law: Sex Offenses

This paper examines the long-term psychological, emotional, and financial harms suffered by child victims of sexual abuse and argues that existing restitution statutes in the United States fail to provide meaningful, sustained support for survivors. Drawing on developmental psychology research, criminal restitution frameworks, and comparative state statutes, the paper demonstrates how current laws often limit recovery to narrow categories of offenses or leave compensation largely discretionary. The paper further analyzes Kentucky’s “Melanie’s Law” as a model for imposing ongoing offender-funded obligations and proposes a new child-centered restitution statute requiring convicted offenders to fund therapy and treatment for survivors of child …

The United States Still Says “I Do” To Marital Rape: An Examination Of Modern Marital Rape Exemptions, Jaiden Herald

Advanced Issues in Criminal Law: Sex Offenses

This paper examines the persistence of marital rape exemptions in the United States despite the formal criminalization of spousal rape in all fifty states. Through historical analysis and statutory comparison, the paper traces the origins of marital rape exemptions to common law doctrines rooted in implied consent, coverture, and the treatment of women as property. It further analyzes modern exemptions that continue to shield perpetrators through loopholes involving cohabitation, incapacity, reporting requirements, or reduced penalties. By highlighting statutes from states such as South Carolina, Arkansas, and Iowa, the paper demonstrates how marital status continues to undermine equal protection for victims …

From Promise To Practice: An Analysis Of The De Jure-De Facto Gap In The Individuals With Disabilities Education Act, Alyssa S. Piccoli

Honors Scholar Theses

Children with disabilities face educational disparities in the United States despite the existence of the Individuals with Disabilities Education Act (IDEA), which was enacted by the U.S. Congress to ensure a Free Appropriate Public Education (FAPE) for such children. As promises of protection are overshadowed by discrepancies in access, quality, and consistency across school districts (Seligman 2005), this paper examines the legal factors that aggravate the paradox between de jure educational rights and their de facto fulfillment for children with autism. To better understand how these challenges manifest in the legal arena, I analyze twenty-four legal cases and seventy claims …

Void, Voidable, And The Limits Of Finality: Reconciling Equity And Public Policy In Illinois Child Support Orders, Julie M. Pirtle

Northern Illinois University Law Review

What happens when a 2012 agreed order, which dismisses a 2009 paternity finding, waives child support, and sets no parenting time, is challenged as void twelve years later and now Mother says Father has a $63,219.60 arrearage? My client, the Father and payor of support, was facing just that scenario. It is common knowledge that an out of court agreement to modify/terminate child support is not enforceable unless it is reduced to writing and approved by the courts. However, a party to a litigation should be allowed to rely on the orders the court enters. Father has every right to …

Nonmarriage? Rethinking Religious Marriage In Modern States, Shahar Lifshitz

Cardozo Law Review

This Article examines the civil regulation of religious marriage in liberal democracies. While legal scholarship has extensively explored nonmarital intimate relationships, it has paid comparatively little attention to couples who regard themselves as married under religious law without corresponding civil status, as well as couples who remain religiously married following a civil divorce. These arrangements, prevalent among religious minorities such as Orthodox Jews and Muslims, often generate significant legal and personal harms, including exclusion from civil protections, economic vulnerability, and constrained exit from intimate relationships.

This Article develops a structured analytical framework grounded in three liberal perspectives. The individual-rights perspective …

The Impact Of Ai Companions On Family Law, Clare Huntington

Cardozo Law Review

People of all ages and backgrounds regularly use AI companions—virtual friends, lovers, and confidantes powered by artificial intelligence. As a new form of relationship, this development poses novel doctrinal and policy questions for family law. As a doctrinal matter, what does child neglect look like when a parent delegates caretaking to an AI companion? How should standards for elder neglect adapt to the widespread use of robotic caregivers? Should lawmakers impose mandatory reporting requirements on therapy bots if children share experiences of abuse or neglect? And can people designate an AI companion as a health care proxy? As a policy …

Adoption And The Illusion Of Choice After Dobbs V. Jackson Women’S Health, Solangel Maldonado

Cardozo Law Review

Thalia, a twenty-eight-year-old mother of two, has struggled with a substance use disorder for several years. Her children, ages five and seven, are in foster care. Thalia was homeless when she learned that she was fourteen weeks pregnant. She wanted to have an abortion, but her state banned abortions after the Supreme Court’s decision in Dobbs v. Jackson Women’s Health Organization. The closest abortion care provider in a neighboring state was 400 miles away, and a medical (non-surgical) abortion was no longer an option.

Unable to access abortion care, Thalia was forced to carry the pregnancy to term. Her …

Autonomous Contracts And Transformative Justice: Practicing Family Law Without Court Intervention, D Dangaran, Andy Izenson

Cardozo Law Review

Legal scholars have made calls to “abolish family court” or “abolish the family.” Before family court can be abolished, society must reduce its reliance on state interventions to resolve family disputes. This Article applies abolition theory and the praxis of “non-reformist reforms,” derived from Black feminist thought and the prison abolition movement, to family law. It details the context of the current “carceral” interventions that rely on state enforcement and then categorizes alternative family law tools into noncarceral, anticarceral, and transformative practices. Noncarceral approaches, such as private ordering through prenuptial, “no-nuptial,” and separation agreements, and establishing parentage for assisted reproduction …

Whose Fault Is It Anyways?: An Investigation Into Mississippi Divorce And Contested Custody Laws In Practice, Charles Conner

Honors Theses

When compared to almost any other state in the country, Mississippi is an outlier when it comes to divorce and child custody laws. Mississippi still retains a fault-based system to adjudicate contested divorces and still maintains best interest of the child as the default custody standard in court. These standards make Mississippi an exception nationally, requiring dedicated hearings to assign blame for the collapse of a marriage. This thesis aims to study how this unique system has impacted those going through it by surveying attorneys in the state who practice family law. This thesis will compare experiences both nationwide and …

Surrogacy-Friendly State Law: Criteria For Categorizing State Law By Strength Of Legal Pathways To Gestational Surrogacy, Emma J. Noble

Honors Theses

This paper proposes new criteria for defining U.S. states as surrogacy-friendly. It exclusively considers gestational surrogacy and domestic intended parents. It provides an overview of the surrogacy laws in each state and Washington D.C., and classifies them by the newly proposed criteria. Existing definitions of surrogacy-friendly do not often provide detailed legal distinctions between the states. The proposed criteria consider whether or not a state has express surrogacy laws and if the intended parents’ sexual orientation, marital status, or genetic relationship to the child are limiting factors in their ability to obtain parentage orders. The criteria depend on the legal …

Du Statut Juridique De L’Embryon Humain En Droit Libanais, Roula El-Husseini Begdache

Proche-Orient, Études juridiques

The legal status of the human embryo has not been specifically studied in Lebanon and is the subject of an uncertain regime resulting from scattered texts and very few court decisions. As the moment marking the beginning of human life remains debated, the recent issues relating to bioethics accompanying scientific advances, particularly in relation to reproductive medicine techniques and their corollaries, including surplus embryos, do not find clear-cut answers in Lebanese law. As scientific progress is at the heart of concerns relating to human life before birth, an abdication of legal experts in favour of doctors and ethics committees can …

L’Hypothèse D’Une Consécration Des « Familles » Naturelles Et Adoptives Par Le Droit Libanais Des Successions Non Musulmanes, Vincent Heuzé

Proche-Orient, Études juridiques

The Law of 23 June 1959 has significantly reformed the non-Muslim Inheritance Law, in particular by granting inheritance rights to natural and adopted children. While the very innovative nature of this solution has long justified, by a contrario reasoning, that any inheritance rights be refused to adoptive parents as well as to ascendants and collaterals of natural children, the present article attempts to demonstrate that a reversed interpretation would not be incompatible with the legislation nor with the evolution of ideas in Lebanon.

Joint Representation Of Spouses And Romantic Partners: Ethical Considerations For Estate Planners, Elizabeth R. Carter

Arkansas Law Review

Attorneys routinely represent married couples jointly in estate planning matters. Joint representation of married couples—and, increasingly, unmarried romantic partners—is a routine practice for most estate planners. This practice was not always so widely accepted. Beginning in the 1990s, scholars, attorneys, and interest groups successfully advocated for the widespread acceptance of joint representation in estate planning. In a joint representation, the attorney represents both individuals in a collaborative form of representation where confidences and goals are shared between both clients and the attorney. Proponents of joint representation in the estate planning setting argue that it reduces costs, is more consistent with …

Child Support Factory: Racist History, Harm, And Unconstitutionality Of The Child Support System's Contractual Operations, Daniel L. Hatcher

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

Within America’s justice institutions, the child support system has become a business. The intended mission of aid has been traded and abdicated through contractual deals to churn vulnerable families into factory-like revenue operations. Juvenile and family courts across the country have partnered through countless intertwined interagency contracts with human service agencies, prosecutors, attorneys general’s offices, probation departments, and policing offices—all aimed at generating revenue from impoverished children and parents rather than serving their best interests. The resulting child support factory is vast, harmful, unconstitutional, unethical, and grew from a racist history that devastated Black families, and still operates with starkly …

Appellate Review Of Child Custody In Mississippi, 1994-2024, Eleanor Detweiler

Honors Theses

This study examines changes in child custody decision-making within the Mississippi appellate court system over a thirty-year period, with a particular focus on the role of legal custody as a separate consideration from physical custody. Using a longitudinal empirical research design, appellate court decisions from 1994, 2004, 2014, and 2024 were analyzed using Nexis Uni. Cases were identified using the search term “child custody” with emphasis on case headnotes indexed under “child custody” as the area of law. Variables including party roles, types of custody sought, reasons for appeal, and case outcomes were recorded and evaluated to identify trends over …