A Spotlight On: Advocating For The Stateless: The Work Of Professor Katherine Kaufka Walts,
2019
Loyola University Chicago, School of Law
A Spotlight On: Advocating For The Stateless: The Work Of Professor Katherine Kaufka Walts, Samantha Schatko
Children's Legal Rights Journal
No abstract provided.
Legislative Update Family First Prevention Services Act: An Overhaul Of National Child Welfare Policies,
2019
Loyola University Chicago, School of Law
Legislative Update Family First Prevention Services Act: An Overhaul Of National Child Welfare Policies, Fabiola Villalpando
Children's Legal Rights Journal
No abstract provided.
Statistically Speaking: Developing Stronger Support: The Impact Of Trauma-Informed Advocacy,
2019
Loyola University Chicago, School of Law
Statistically Speaking: Developing Stronger Support: The Impact Of Trauma-Informed Advocacy, Katharine Czinke
Children's Legal Rights Journal
No abstract provided.
Family Law: Above And Beyond The Call Of Duty,
2019
St. Thomas University College of Law
Family Law: Above And Beyond The Call Of Duty, Marianne Cristina Gonzalez
Intercultural Human Rights Law Review
Family law practitioners play a delicate and important role in the lives of clients and their families. As lawyers, we have a duty and an obligation to listen to and understand the client's legal needs, while competently advocating to meet their goals and expectations. But how often do we really pay attention to the mental and spiritual needs of our clients to achieve their goal? Chances are we generally do not, since our own emotional baggage has been left unchecked. We have mastered the skill of tuning out the "red herrings" by trimming the excess, non-essential emotional noise that not …
Punishing Families For Being Poor: How Child Protection Interventions Threaten The Right To Parent While Impoverished,
2019
University of Idaho College of Law
Punishing Families For Being Poor: How Child Protection Interventions Threaten The Right To Parent While Impoverished, David Pimentel
Articles
No abstract provided.
Properly Accounting For Domestic Violence In Child Custody Cases: An Evidence-Based Analysis And Reform Proposal,
2019
The John Marshall Law School
Properly Accounting For Domestic Violence In Child Custody Cases: An Evidence-Based Analysis And Reform Proposal, Debra Pogrund Stark, Jessica M. Choplin, Sarah Elizabeth Wellard
Michigan Journal of Gender & Law
Promoting the best interests of children and protecting their safety and well-being in the context of a divorce or parentage case where domestic violence has been alleged has become highly politicized and highly gendered. There are claims by fathers’ rights groups that mothers often falsely accuse fathers of domestic violence to alienate the fathers from their children and to improve their financial position. They also claim that children do better when fathers are equally involved in their children’s lives, but that judges favor mothers over fathers in custody cases. As a consequence, fathers’ rights groups have engaged in a nationwide …
Properly Accounting For Domestic Violence In Child Custody Cases: An Evidence-Based Analysis And Reform Proposal, 26 Mich. J. Gender & L. 1 (2019),
2019
UIC John Marshall Law School
Properly Accounting For Domestic Violence In Child Custody Cases: An Evidence-Based Analysis And Reform Proposal, 26 Mich. J. Gender & L. 1 (2019), Debra P. Stark, Jessica M. Choplin, Sarah Wellard
UIC Law Open Access Faculty Scholarship
Promoting the best interests of children and protecting their safety and well-being in the context of a divorce or parentage case where domestic violence has been alleged has become highly politicized and highly gendered. There are claims by fathers’ rights groups that mothers often falsely accuse fathers of domestic violence to alienate the fathers from their children and to improve their financial position. They also claim that children do better when fathers are equally involved in their children’s lives, but that judges favor mothers over fathers in custody cases. As a consequence, fathers’ rights groups have engaged in a nationwide …
Why The Legal Strategy Of Exploiting Immigrant Families Should Worry Us All,
2019
American University Washington College of Law
Why The Legal Strategy Of Exploiting Immigrant Families Should Worry Us All, Jamie Abrams
Scholarly Articles in Law Reviews & Journals
This article applies a family law lens to explore the systemic and traumatic effects of modern laws and policies on immigrant families. A family law lens widens the scope of individuals harmed by recent immigration laws and policies to show why all families are affected and harmed by shifts in state power, state action, and state rhetoric. The family law lens reveals a worrisome shift in intentionality that has moved the state from a bystander to family-based immigration trauma to an incendiary agent perpetrating family trauma.
Modern immigration laws and policies are deploying legal and political strategies that intentionally sever …
Getting To Equal: Resolving The Judicial Impasse On The Weight Of Non-Monetary Contribution In Kenya's Marital Asset Division,
2019
International Justice Mission-Kenya
Getting To Equal: Resolving The Judicial Impasse On The Weight Of Non-Monetary Contribution In Kenya's Marital Asset Division, Benedeta Prudence Mutiso
Michigan Journal of Gender & Law
Marital property law reforms and changing international human rights standards in the late 20th and early 21st century prompted Kenya to end certain discriminatory practices against women, especially in the area of property rights. For 50 years, Kenya relied on England’s century-old law, the Married Women’s Property Act of 1882, to regulate property rights. In 2010, Kenya adopted a new Constitution that called for equality between men and women, and in 2013, Kenya enacted independent legislation in the form of the Matrimonial Property Act (MPA). The MPA provides a basis for trial courts to divide marital property upon divorce. Specifically, …
Keeping It In The Family: Minor Guardianship As Private Child Protection,
2019
University of Maine School of Law
Keeping It In The Family: Minor Guardianship As Private Child Protection, Deirdre Smith
Faculty Publications
Due to the opioid use epidemic and an overwhelmed public child protection system, minor guardianship is an increasingly important tool for relative caregivers seeking to obtain legal authority regarding the children who come into their care because of a parent’s crisis. Yet minor guardianship originated in colonial law for an entirely different purpose: to protect legal orphans who had inherited property. Today’s guardianship laws are still based on this “orphan model” which does not fit today’s reality. This Article is the first to analyze how these outdated guardianship laws are being used as a form of “private child protection” and …
Adding Insult To Injury: The Unconscionability Of Alimony Payments From Domestic Violence Survivors To Their Abusers,
2019
American University Washington College of Law
Adding Insult To Injury: The Unconscionability Of Alimony Payments From Domestic Violence Survivors To Their Abusers, Amanda Nannarone
American University Law Review
No abstract provided.
Reynolds V. United States, Rewritten,
2019
S.J. Quinney College of Law, University of Utah
Reynolds V. United States, Rewritten, Laura T. Kessler
Utah Law Faculty Scholarship
In Reynolds v. United States, 98 U.S. 145 (1878), Chief Justice Morrison Waite, writing for a unanimous Supreme Court, upheld the federal Morrill Anti-Bigamy Act outlawing polygamy in the federal territories and providing criminal penalties for it. This is a re-writing of that opinion, presented in the form of a dissent, available in Feminist Judgments: Family Law Opinions Rewritten (Cambridge University Press, forthcoming 2020). Unlike the Court’s opinion, this dissent concludes that religious practice, as well as belief, is protected by the First Amendment. It therefore holds that a religious duty to engage in an unlawful practice may be a …
Police Surveillance Of Cell Phone Location Data: Supreme Court Versus Public Opinion,
2019
University of Nebraska-Lincoln
Police Surveillance Of Cell Phone Location Data: Supreme Court Versus Public Opinion, Emma W. Marshall, Jennifer L. Groscup, Eve Brank, Analay Perez, Lori A. Hoetger
Center on Children, Families, and the Law: Faculty Publications
The Fourth Amendment to the United States Constitution protects individuals from unreasonable searches and seizures. As technology evolves, courts must examine Fourth Amendment concerns implicated by the introduction of new and enhanced police surveillance techniques. Recent Supreme Court cases have demonstrated a trend towards reconsidering the mechanical application of traditional Fourth Amendment doctrine to define the scope of constitutional protections for modern technological devices and personal data. The current research examined whether public opinion regarding privacy rights in electronic communications is in accordance with these Supreme Court rulings. Results suggest that cell phone location data is perceived as more private …
Front Matter,
2019
The Peter A. Allard School of Law
Les Amoureux Sur Les Bancs Publics : Le Traitement Juridique Du Polyamour En Droit Québécois,
2019
The Peter A. Allard School of Law
Les Amoureux Sur Les Bancs Publics : Le Traitement Juridique Du Polyamour En Droit Québécois, Michaël Lessard
Canadian Journal of Family Law
L’auteur offre un tour d’horizon des manières dont le droit québécois désavantage les relations polyamoureuses. Dans la première partie, l’auteur définit le polyamour, le monoamour et certaines notions connexes. Dans les sections subséquentes, il avance une catégorisation du traitement juridique du polyamour. Selon son analyse, quatre angles sont exploités pour orienter les relations conjugales vers le monoamour et hors du polyamour : (1) limiter à deux le nombre de parents par enfant (biparenté vs pluriparenté), (2) faciliter la prestation de soins de conjoint·e à conjoint·e, (3) protéger les conjoint·es contre des vulnérabilités économiques, et (4) prohiber certains comportements polyamoureux (criminalisation …
Case Comment: Mccain V Mccain And Barton V Sauvé: A New Approach To Autonomous Domestic Contractual Bargaining In Ontario,
2019
The Peter A. Allard School of Law
Case Comment: Mccain V Mccain And Barton V Sauvé: A New Approach To Autonomous Domestic Contractual Bargaining In Ontario, Mark Cornish
Canadian Journal of Family Law
This case comment explores the tension between principles that guide domestic contractual bargaining and interpretation in Ontario with reference to two recent trial-level decisions. The courts’ analyses in McCain and Barton suggest a way to reconcile the apparent tension between principles of autonomy and fairness. In light of these decisions, and drawing on the literature in this area, the paper suggests a two-pronged approach for courts to adopt when deciding whether to set aside a domestic contract. This approach attempts to ensure that courts only uphold domestic contracts that are negotiated by truly autonomous parties.
In Memoriam: The Canadian Research Institute For Law And The Family, 1987–2018,
2019
The Peter A. Allard School of Law
In Memoriam: The Canadian Research Institute For Law And The Family, 1987–2018, John-Paul E. Boyd
Canadian Journal of Family Law
No abstract provided.
Faire Valoir Ses Droits À La Chambre De La Jeunesse : État Des Lieux Des Barrières Structurelles À L’Accès À La Justice Des Familles,
2019
The Peter A. Allard School of Law
Faire Valoir Ses Droits À La Chambre De La Jeunesse : État Des Lieux Des Barrières Structurelles À L’Accès À La Justice Des Familles, Emmanuelle Bernheim, Marilyn Coupienne
Canadian Journal of Family Law
S’il est convenu que l’intervention en protection de la jeunesse constitue en soi une atteinte aux droits fondamentaux des parents, il est souvent pris pour acquis que les droits des parents et des enfants s’opposent autour de notions telles que l’intérêt supérieur de l’enfant et le projet de vie permanent. Au Québec, dans un contexte où les mères vivant dans la pauvreté, et plus particulièrement les mères autochtones ou issues de minorités visibles, sont surreprésentées en protection de la jeunesse et où le nombre de dossiers judiciarisés a cru de 20% depuis les années 1990, il apparaît non seulement pertinent …
Relationally Speaking: The Implications Of Treating Embryos As Property In A Canadian Context,
2019
The Peter A. Allard School of Law
Relationally Speaking: The Implications Of Treating Embryos As Property In A Canadian Context, Kathleen Hammond
Canadian Journal of Family Law
In July 2018, the Ontario Superior Court, in S.H. v D.H., dealt with a dispute between a recently separated couple over a frozen embryo that the couple had created. In his judgment, Justice Del Frate stated that the embryo should be conceived of as property. This was the cause of uproar among feminist legal scholars who were concerned with the possible repercussions for cisgender women of labeling embryos as property. The Superior Court decision was subsequently overturned by the Ontario Court of Appeal this past May (2019). However, given the likelihood that embryos will be treated as property in …
Autonomous Motherhood In The Era Of Donor Linking: New Challenges And Constraints?,
2019
The Peter A. Allard School of Law
Autonomous Motherhood In The Era Of Donor Linking: New Challenges And Constraints?, Fiona Kelly
Canadian Journal of Family Law
The number of single mothers by choice (SMCs), that is, unpartnered women who choose to conceive a child that they intend to raise on their own; has grown rapidly in Australia, where they now represent the largest user group of clinic-based donor sperm. Despite the growing visibility of SMCs, constraints remain for women who wish to parent autonomously from a partner. This article explores a complex new challenge for Australian SMCs: whether to participate in the increasingly popular phenomenon of “donor linking,” defined as the process by which parents who use donated gametes to conceive seek access to the donor’s …
