Open Access. Powered by Scholars. Published by Universities.®

Family Law Commons™

Open Access. Powered by Scholars. Published by Universities.®

7,968 Full-Text Articles 6,073 Authors 9,758,073 Downloads 188 Institutions

All Articles in Family Law

Faceted Search

7,968 full-text articles. Page 68 of 201.

The Dysfunctional Criminalization Of Family Violence, Andrea L. Dennis 2021 University of Georgia School of Law

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 …


Vaccination And The Child’S Right To An Open Future, Elias Feldman 2021 Lewis & Clark Law School

Vaccination And The Child’S Right To An Open Future, Elias Feldman

Lewis & Clark Law Review

States commonly require the vaccination of children through their parens pa- triae and police powers. But many states also allow parents to opt for non- medical exemptions from these vaccination requirements, contributing to the emergence of a national vaccine hesitancy crisis. By permitting parents not to vaccinate their children, do states that grant these exemptions violate children’s rights? This Article posits that children may indeed have a right to be vac- cinated and thus protected against contracting a disease for which there is a scientifically proven vaccine. This Article examines this question through the lens of Joel Feinberg’s theory of …


Parents And The Interstate Compact On The Placement Of Children: A Flexible Approach, Alex Jones 2021 Lewis & Clark Law School

Parents And The Interstate Compact On The Placement Of Children: A Flexible Approach, Alex Jones

Lewis & Clark Law Review

Before an Oregon court can send a child across the Columbia River to live with a Washington foster parent, the authorities on the Washington side must first approve the move. Unless and until that happens, the child stays in Oregon. But what if the Washington “foster” parent is the child’s biological father? The Interstate Compact on the Placement of Children (ICPC) imposes conditions on the sending of children across state lines to live with foster parents or potential adoptive parents. Courts in different states have long disagreed over whether those conditions ever apply to the placement of children with their …


Charles Reich: Due Process In The Eye Of The Receiver, Harold Hongju Koh 2021 Touro University Jacob D. Fuchsberg Law Center

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

Touro Law Review

No abstract provided.


The Illusion Of Victory: Access To Abortion After June Medical Services, Brittany L. Raposa 2021 Roger Williams University School of LAw

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 2021 University of Georgia School of Law

"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 …


A Ringing Endorsement Of Lawyers, And The Most Important Development In Child Protection Law, Joshua Gupta-Kagan 2021 Columbia Law School

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 …


Reimagining Schools’ Role Outside The Family Regulation System, Brianna Harvey, Joshua Gupta-Kagan, Christopher Church 2021 University of California Los Angeles School of Education and Information Studies

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 …


Preserving Procreative Potential With A Smart Prenuptial Agreement, Lynda Wray Black, Chelsea E. Caldwell 2021 Cecil C. Humphreys School of Law University of Memphis

Preserving Procreative Potential With A Smart Prenuptial Agreement, Lynda Wray Black, Chelsea E. Caldwell

FIU Law Review

No abstract provided.


The Year 2020 In Review: Editor's Note, Lisa Grumet 2021 New York Law School

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 2021 New York Law School

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

Articles & Chapters

No abstract provided.


The Hidden Gender Of Gender-Neutral Paid Parental Leave: Examining Recently-Enacted Law In The United States And Australia, Deborah A. Widiss 2021 Indiana University Maurer School of Law

The Hidden Gender Of Gender-Neutral Paid Parental Leave: Examining Recently-Enacted Law In The United States And Australia, Deborah A. Widiss

Articles by Maurer Faculty

The United States and Australia are unusual in their approach to providing paid time off to new parents. Virtually every other country in the world provides maternity leaves that are far longer than paternity leaves, even if they also provide supplemental parental leave available to either parent. Recently-enacted laws in the United States and Australia, by contrast, eschew sex-specific classifications entirely. But, while both adopt gender-neutral approaches, they are structured quite differently. American laws provide each parent equal and non-transferable benefits; Australian law provides an extended period of benefits to a “primary” caregiver, and a much shorter period of benefits …


Disposition Of Frozen Preembryos In The Case Of Divorce: New York Should Implement A Modified Mutual Contemporaneous Consent Approach, Kasey Bray 2021 Touro Law Center

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.


Bundle Of Joy: Why Same-Sex Married Couples Have A Constitutional Right To Enter Into Gestational Surrogacy Agreements, Benjamin H. Berman 2021 Touro Law Center

Bundle Of Joy: Why Same-Sex Married Couples Have A Constitutional Right To Enter Into Gestational Surrogacy Agreements, Benjamin H. Berman

Touro Law Review

No abstract provided.


Child Support And Joint Physical Custody, Raymond C. O'Brien 2021 The Catholic University of America, Columbus School of Law

Child Support And Joint Physical Custody, Raymond C. O'Brien

Scholarly Articles

Child custody has evolved to the point where, at a minimum, states provide a mediated process by which parents may formulate parenting plans with court-appointed assistance. At a maximum state legislatures and courts increasingly consider joint physical custody awards. While joint physical custody safeguards the fundamental rights of parents, it nonetheless prompts practical concerns in awarding child support. Today, child support begins with state statutory guidelines, but the guidelines often fail to adequately address the economic consequences of two complete residences, one supported by a parent with fewer economic resources, and the fact that oftentimes the child drifts from one …


Icwa’S Irony, Marcia Zug 2021 University of Oklahoma College of Law

Icwa’S Irony, Marcia Zug

American Indian Law Review

No abstract provided.


The Outlawed Family: How Relevant Is The Law In Family Litigation?, Sharon Shakargy 2021 Mitchell Hamline School of Law

The Outlawed Family: How Relevant Is The Law In Family Litigation?, Sharon Shakargy

Mitchell Hamline Law Review

No abstract provided.


Paper Courts And Parental Rights: Balancing Access, Agency, And Due Process, Tianna N. Gibbs 2021 American University Washington College of Law

Paper Courts And Parental Rights: Balancing Access, Agency, And Due Process, Tianna N. Gibbs

Scholarly Articles in Law Reviews & Journals

Across the country, state legislatures have created out-of-court, form-based processes that replace the adjudicative process in traditional courts. In the family law context, these out-of-court forms allocate fundamental parental rights, principally for unmarried and single parents, who disproportionately have low incomes and are people of color. In most states, instead of presenting their requests to a judge in a courtroom, parents can sign legal forms in a hospital room to establish paternity or at their kitchen table to assign their custodial rights to a third party. When a child is born to an unmarried mother, as 40% of children are, …


Covid-19’S Complications For Family Law Counsel: Domestic Violence And Threats To The Well-Being Of Children, J. Thomas Sullivan 2020 University of Arkansas at Little Rock William H. Bowen School of law

Covid-19’S Complications For Family Law Counsel: Domestic Violence And Threats To The Well-Being Of Children, J. Thomas Sullivan

The Arkansas Journal of Social Change and Public Service

No abstract provided.


Law School News: Two Rwu Law Alumni Included Among Historic Judicial Nominations 12-08-2020, Michael M. Bowden 2020 Roger Williams University School of Law

Law School News: Two Rwu Law Alumni Included Among Historic Judicial Nominations 12-08-2020, Michael M. Bowden

Life of the Law School (1993- )

No abstract provided.


Digital Commons powered by bepress