Family Law Commons^™

Family Law—Breach Baby: An Argument For Equal Enforcement Of Traditional And Gestational Surrogacy Contracts, James M. Gift

University of Arkansas at Little Rock Law Review

No abstract provided.

Toward A Theory Of Intercountry Human Rights: Global Capitalism And The Rise And Fall Of Intercountry Adoption, Barbara Stark

Indiana Law Journal

This Article proposes another mechanism for enforcement, an alternative to self-serving domestic policing and weak international bureaucracy. “Intercountry,” as opposed to “international,” human rights would apply to specific rights in specific contexts and be enforceable through the legal mechanisms and other resources of the state parties that accepted them. Intercountry adoption is a useful context in which to consider this proposal for several reasons.

First, as a practical matter, there have probably never been more babies and children in orphanages, on the street, on the market, or on their own. Yet intercountry adoptions have declined to levels not seen for …

Life Is A Highway: Addressing Legal Obstacles To Foster Youth Driving, Lucy Johnston-Walsh

Faculty Scholarly Works

The simple and relatively mundane act of driving a car, which many of us take for granted, can have a profound impact on many aspects of adulthood. The ability to drive a car can provide a means to pursue education and employment, to earn income, and to ultimately obtain independence. As a young adult, a car is often the first acquired asset, which leads to developing credit history for other major life purchases. Owning a car may also be a significant contributor to a person’s economic wellbeing and future buying power. Yet the simple act of driving a car is …

Responding Effectively To Trauma Manifestations In Child Welfare Cases, Rebecca Stahl

All Faculty Scholarship

This article defines trauma and how it manifests in the dependency court system. Trauma is prevalent in child welfare cases and all of the professionals on these cases can respond to the trauma they see and experience more effectively through a better understanding of how to regulate the nervous system and the body. Trauma often manifests as difficult behaviors in the dependency court world, but there is a lack of information for effective strategies to deal with it. This article discusses how families and professionals experience trauma in dependency court and provides tools rooted in a physiological understanding of trauma. …

Does Partner Satisfaction Influence Contraceptive Use? Findings From The Philippines National Demographic And Health Survey 2017, Renz Adrian T. Calub

Angelo King Institute for Economic and Business Studies (AKI)

It is curious that despite campaigns in favor of modern family planning methods and widespread availability of family planning commodities, women still find it hard to meet their family planning needs. Although a myriad of sociological factors may come into play, such as religion or peers, it is interesting to find out how the woman’s propensity to satisfy partner needs factor in her contraceptive use. This paper develops a simple theoretical model to demonstrate how partner satisfaction, channeled through the psychological cost of partner satisfaction, is related to the likelihood of condom use. The empirical analyses suggest that women who …

Compassion: The Necessary Foundation To Reunify Families Involved In The Foster Care System, Katherine Markey, Vivek Sankaran

Articles

Compassion plays a critical role in ensuring that stakeholders can engage with, and support parents trying to reunify with kids in the foster care system. This Article will explore the compassion crisis in foster care, will present the research documenting the impact of compassion on engaging families, and will identify key steps stakeholders can take to incorporate compassion into their work.

Issues Of Law Enforcement Of The Institution Of Common Joint Ownership By The Example Of Common Joint Property Of Spouses, Leila Burkhanova

Review of law sciences

the article considers the issues of legal regulation, concepts, grounds for occurrence, conditions for implementation, the legal status of participants in common property, the grounds and procedure for the division of property in common ownership by the example of joint ownership of spouses. An integrated approach to understanding the enforcement of the construction of common property in the modern model of property relations is defined. The proposals on improving the legal regulation of the right of common property are formulated, as defined in the Concept of improving the civil legislation of the Republic of Uzbekistan.

Valuing Community Property Businesses: The Good, The Bad, And The Ugly Of Louisiana Law, Sally Brown Richardson

Louisiana Law Review

The article discusses the law in Louisiana on the valuation of community property businesses in divorce proceedings and other topics like fair market value and the ruling by the Louisiana Second Circuit of Appeal in the 2003 case Ellington v. Ellington.

Table Of Contents, Seattle University Law Review

Seattle University Law Review

Table of Contents

The Costs Of Justice In Domestic Violence Cases : Mapping Canadian Law And Policy, Jennifer Koshan, Janet Mosher, Wanda Wiegers

Articles & Book Chapters

Domestic violence cases in Canada present unique access to justice challenges due to complex power dynamics, structural inequality, and the fact that victims, offenders, and children must often navigate multiple legal systems to resolve the many issues in this context. The complexity of these cases has both personal and systemic impacts. Different legal systems – for example, criminal, family, child protection, social welfare, and immigration – have differing objectives and personnel with varying levels of expertise in domestic violence. Conflicting decisions by different courts and tribunals with overlapping jurisdiction may impair the safety of victims and children, and may require …

Verified Amended Complaint By Next Friend James Dwyer Against Defendants Norfolk Department Of Human Services (Ndhs), James G. Dwyer

Faculty Publications

No abstract provided.

Transracial Adoptions In America: An Analysis Of The Role Of Racial Identity Among Black Adoptees And The Benefits Of Reconceptualizing Success Within Adoptions, Jessica M. Hadley

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

No abstract provided.

Consent In Marriage: A Radical Feminist Analysis Of Pakistani Law, Iqra Saleem Khan

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

In Abdul Kadir v. Salima, Mahmood J summarised the nature of a Pakistani wife’s duties under Islamic Law. The nikkah contract “imposes submission on the wife when summoned to the couch and confers on him the power of correction when she is disobedient or rebellious.” Earlier, a similar pronouncement was made across the ocean in the United Kingdom by Sir Matthew Hale that through the marriage contract the “wife hath given herself to the husband, consent of which she cannot retract.” Marital rape was later recognised as an offence in the UK by the House of Lords in R …

Corporal Punishment, Social Norms, And Norm Cascades: Examining Cross-National Laws And Trends In Homes Across The Globe, Melissa L. Breger, Lucy Sorensen, Victor Asal, Charmaine N. Willis

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

For centuries, parents across the globe have utilized corporal punishment against children in the name of discipline. This Article is the first legal article to examine cross-national trends in child corporal punishment laws and to propose ideas for reducing its practice using the social norms approach. By examining 192 countries over a 46-year period, we shed light on emerging patterns. Additionally, by delving into countries’ self-reports regarding their compliance with the United Nations Convention on the Rights of the Child (CRC) treaty, we observe other unique patterns globally.

Notably, during the course of our empirical research and data collection (2017–2019), …

2nd Circuit Court Of Appeals Revives Religious Adoption Agency’S Challenge To New York Anti-Discrimination Rule, Arthur S. Leonard

Other Publications

No abstract provided.

Blockchain Wills, Bridget J. Crawford

Indiana Law Journal

Blockchain technology has the potential to radically alter the way that people have

executed wills for centuries. This Article makes two principal claims—one

descriptive and the other normative. Descriptively, this Article suggests that

traditional wills formalities have been relaxed to the point that they no longer serve

the cautionary, protective, evidentiary, and channeling functions that scholars have

used to justify strict compliance with wills formalities. Widespread use of digital

technology in everyday communications has led to several notable cases in which

individuals have attempted to execute wills electronically. These wills have had a

mixed reception. Four states currently recognize electronic …

Homeschooling: A Response To Ahlberg, Howell, And Justice, James G. Dwyer, Shawn F. Peters

Faculty Publications

No abstract provided.

Consider Allowing No-Fault Divorce To Remove Blame Game When Couples Split, Wing Cheong Chan

Research Collection Yong Pung How School Of Law

Such divorces remove acrimony and help families heal after a marriage breakdown

Family Law, Wei Jing Tricia Ho, Siyuan Chen

Research Collection Yong Pung How School Of Law

Two salient trends emerge from the decisions issued by the Singapore courts in 2019. First, cases with international elements are featured increasingly, with the Court of Appeal adjudicating its first case on financial relief consequential on foreign divorces and the High Court releasing a decision on sham marriages to obtain an immigration advantage. It is evident that the law is evolving to cater to the needs of a changing community in Singapore. There is a recognition of the increase in the number of Singapore citizens working abroad and marrying non-Singaporeans, which has prompted certain legislative changes that seek to provide …

Limited Scope Lottery: Playing The Odds On Your Ability To Withdraw, Lianne S. Pinchuk

Brooklyn Law Review

Limited scope representation, also called unbundled representation, has become widespread and widely used over the past three decades. While the American Bar Association has amended its model rules to expressly permit such representation, it failed to amend its model rules governing withdrawal. Some states have been more proactive than others in confronting potential withdrawal issues in limited scope representation. Those states that have attempted to remedy the withdrawal/termination issues have created specific rules governing limited scope engagements allowing for easier withdrawal by attorneys in such matters. Neither New York nor the American Bar Association have promulgated rules (or model rules) …