Family Law Commons^™

Disposition Of Frozen Preembryos In The Case Of Divorce: New York Should Implement A Modified Mutual Contemporaneous Consent Approach, Kasey Bray

Touro Law Review

No abstract provided.

Charles Reich: Due Process In The Eye Of The Receiver, Harold Hongju Koh

Touro Law Review

No abstract provided.

Who Gets The Pet In The Divorce? Examining A Standard For The New York Legislature To Adopt, Jared Sanders

Touro Law Review

No abstract provided.

The Year 2020 In Review: Editor's Note, Lisa Grumet

Articles & Chapters

No abstract provided.

Family Law During Covid-19: Virtual Hearings, Family Court Proceedings, And The Future: Editors' Notes, Lisa Grumet

Articles & Chapters

No abstract provided.

Equality, Animus, And Expressive And Religious Freedom Under The American Constitution: Masterpiece Cakeshop And Beyond, Daniel O. Conkle

Books & Book Chapters by Maurer Faculty

Professor Conkle's contribution to this volume, pre-print attached, is the chapter "Equality, Animus, and Expressive and Religious Freedom Under the American Constitution: Masterpiece Cakeshop and Beyond."

CHAPTER ABSTRACT: Does the First Amendment protect religious wedding vendors from anti-discrimination laws that require them to provide goods or services for same-sex weddings? The fundamental question is whether equality or religious freedom should prevail in this setting, but the complexities of American free speech and free exercise law—exacerbated by the Supreme Court’s decision in Masterpiece Cakeshop—have obscured the debate with dubious distinctions and highly contentious rationales and arguments. In this Essay, I present …

Bibliometric Analysis Of Research Trends On Role Of Dispute Resolution Mechanisms In Family Law Conflicts, Himanshi Parekh, Yogesh Dharangutti

Library Philosophy and Practice (e-journal)

This paper is a bibliometric analysis of research publications in the field of dispute resolution of family matters. The paper analyses the frequency of publications in this arena and identifying the research gaps. The paper utilizes literature published on this subject available at the Scopus database from 2011 to 2020. A total of 59 documents varying from books, chapters, articles, and journals have been extracted and analyzed for the purpose of this study. This data is further analyzed and presented in the forms of tables, maps, graphs, etc using VOSviewer and IMAPBuilder software. The study shows that even though there …

Custom Of The Country: Trust And Marriage Planning In High-Wealth Families, Allison Anna Tait

Law Faculty Publications

That marriage has always been a property arrangement in some form or another – particularly for those families and couples with property to arrange – is a truism. It is a truism because marriage has significant property implications for the intended spouses, with the result that financial planning around marriage is both a historical and continuing reality, despite changes in the social and economic norms governing marriage. Moreover, the wealth management industry has, past and present, trained its eye and its expertise on marriage planning as part of a family’s larger wealth planning, offering services and products to help mitigate …

The Dysfunctional Criminalization Of Family Violence, Andrea L. Dennis

Scholarly Works

Legal responses to elder, child and intimate partner abuse have developed along similar tracks from civil and regulatory to criminal, employed much of the same mechanisms, and shifted power from victims to law enforcement officers and prosecutors. The siloed evolutionary process leading to the criminalization of the se behaviors has not significantly resolved the problems and criticisms of the behavior. Indeed, thirty years ago, Peter Edelman critiqued the government's role in remediating child abuse and domestic violence. In particular Edelman identified three issues: (1) the failure to recognize the inter-relatedness of different types of family violence; (2) the lack of …

The Creative Legal Histories Of Cervantes And Jurist Antonio De La Peña, Susan Byrne

Department of World Languages Faculty Research

In the Quijote’s intercalated novella titled El curioso impertinente, Miguel de Cervantes narrates the story of a husband inducing his best friend to seduce his wife. This study compares Cervantes’ use of juridical detail in that story with contemporaneous legal arguments and punishments for a husband who acts as procurer for his wife.

Icwa’S Irony, Marcia Zug

American Indian Law Review

No abstract provided.

The Small-Er Screen: Youtube Vlogging And The Unequipped Child Entertainment Labor Laws, Amanda G. Riggio

Seattle University Law Review

Family vloggers are among the millions of content creators on YouTube. In general, vloggers frequently upload recorded videos of their daily lives. Family vloggers are unique because they focus their content around their familial relationships and the lives of their children. One set of family vloggers, the Ace Family, has recorded their children’s lives from the day they were born and continue to upload videos of each milestone, including “Elle Cries on Her First Rollercoaster Ride” and “Elle and Alaïa Get Caught Doing What!! **Hidden Camera**.” Another vlogging couple, Cole and Savannah LaBrant, post similar content, including videos titled “Baby …

Do It Yourself Legal Services? Domestic Violence Victims May Depend On It, Sabrina Marquez

Seattle University Law Review

This Note will address how encouraging nonlawyer Internet programs to engage in limited areas frequently considered the “practice of law” will increase the ability of vulnerable groups, especially victims of domestic violence, to receive crucial—and potentially lifesaving—legal assistance.

Part I will outline the rise of Internet legal service providers (ILSPs), who have innovated software programs that help clients fill out and file a wide assortment of legal documents, as well as the negative response these services have received from state bar associations and the wider legal community. Part II will discuss why a different method of providing legal assistance is …

The Illusion Of Victory: Access To Abortion After June Medical Services, Brittany L. Raposa

Roger Williams University Law Review

No abstract provided.

"We Can't Breathe." Like George Floyd, Black Families In New York City Have A Knee On Their Necks, Shanée Brown

Scholarly Works

While watching the murder of George Floyd, one thing should have remained imprinted in everyone's mind: he was a father. This racist officer permanently separated a father from his children when he recklessly, yet intentionally placed his knee on Mr. Floyd's neck for eight minutes and forty-six seconds. When the Administration for Children's Services ("ACS") removes Black children from their homes for unjust reasons, it places its knee on the necks of Black families.

Breathing as a family involves parents and children inhaling and exhaling the love shown to each other. To separate a family means to obstruct that family's …

Properties Of Intimacy, Emily J. Stolzenberg

Faculty Publications

Today, nearly nineteen million U.S. adults are cohabiting with an intimate partner. Yet family law continues to struggle with the question whether these unmarried partners should have relationship-based rights in one another’s property. Generally speaking, states answer “no.” Because cohabitants are not spouses, they’re treated like strangers. As a result, their property rights usually follow title, and richer partners tend to walk away with a large proportion of the property acquired during the relationship. This Article shows the “cohabitant problem” to be no anomaly, but rather the clearest manifestation of family law’s overarching structure. In marital property regimes as well …

Family Law—The Revictimization Of Survivors Of Domestic Violence And Their Children: The Heartbreaking Unintended Consequence Of Separating Children From Their Abused Parent, Jeanne Kaiser, Caroline M. Foley

Faculty Scholarship

Massachusetts law governing child custody recognizes the damaging effect that witnessing domestic violence can have on a child. Accordingly, the law requires courts to give special attention to the effects of domestic violence on a child when determining custody. An unintended consequence of this scrutiny is that parents who have been the victims of domestic violence can lose custody, or even their parental rights, for failing to protect children from witnessing their abuse. This result can be prevented by requiring courts to apply the same level of attention to the effects of domestic violence when removing a child from an …

Reimagining Schools’ Role Outside The Family Regulation System, Brianna Harvey, Joshua Gupta-Kagan, Christopher Church

Faculty Scholarship

The United States’ family regulation system often begins with well-intentioned professionals making child protection hotline calls, jeopardizing their own ability to work with families and subjecting the families to surveillance. By the system’s own standards, most of this surveillance leads to no meaningful action. Nowhere is this reality more present than in schools. Educational personnel serve as the leading driver of child maltreatment allegations, yet decades worth of data reveal educator reports of maltreatment are the least likely to be screened-in and the least likely to be substantiated or confirmed. In other words, education personnel — whether motivated by genuine …

The 100-Year Life And The New Family Law, Elizabeth S. Scott, Naomi Cahn

Faculty Scholarship

This draft book chapter, prepared as part of a symposium on The 100-Year Life by Linda Gratton and Andrew Scott, reflects on the future of family law in an era of longer lives. Our analysis leads us to conclude that the 100-year life is indeed likely to have an impact on the nature, scope, and definition of family law, but that families will continue to function as the primary setting for intimacy and for caregiving and caretaking, whatever form those families take. Further, the importance to both individual and social welfare of family support throughout life points to a need …

A Ringing Endorsement Of Lawyers, And The Most Important Development In Child Protection Law, Joshua Gupta-Kagan

Faculty Scholarship

Two empirical studies demonstrating the impact of vigorous family defense legal work on child protection cases bookended the 2010s. In 2012, Mark Courtney and Jennifer Hook found that cases in which a specialized interdisciplinary law office (ILO) represented parents had faster reunifications, guardianships, and adoptions than similar cases with different parental representation, though it did not explore how those results were obtained. In 2019, Lucas Gerber, Yuk Pang, Timothy Ross, Martin Guggenheim, Peter Pecora, and Joel Miller found that, compared to solo and small office practitioners, ILOs in New York City hastened reunification and guardianships for their clients, leading to …