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

Family Law Commons™

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

7,930 Full-Text Articles 6,054 Authors 9,618,907 Downloads 188 Institutions

All Articles in Family Law

Faceted Search

7,930 full-text articles. Page 96 of 199.

The Changing Tides Of Adoption: Why Marriage, Race, And Family Identity Still Matter, Jessica Dixon Weaver 2018 Southern Methodist University, Dedman School of Law

The Changing Tides Of Adoption: Why Marriage, Race, And Family Identity Still Matter, Jessica Dixon Weaver

SMU Law Review

This essay expounds on the shifting motivation for adoption in the United States using a critical race feminist theory lens to explore how adoption remains wedded to marriage, the control of wealth, and family identity. These three elements have been historically and legally tied to race in that the law was intentionally written to exclude certain persons of color from being able to access marriage or wealth, thereby diminishing their ability to establish family identity.

This essay proceeds in three parts. Part II sets forth an overview of the evolution of adoption by exploring the breakdown of formal adoption and …


Family Law, Anna K. Teller, Donald E. Teller Jr. 2018 Teller Law Firm, P.C.

Family Law, Anna K. Teller, Donald E. Teller Jr.

SMU Annual Texas Survey

No abstract provided.


Shades Of Theology In Suits Affecting The Parent-Child Relationship: A Tribute Honoring The Memory Of Professor Joseph W. Mcknight, Dr. Beverly Caro Dureus 2018 Southern Methodist University

Shades Of Theology In Suits Affecting The Parent-Child Relationship: A Tribute Honoring The Memory Of Professor Joseph W. Mcknight, Dr. Beverly Caro Dureus

SMU Law Review

No abstract provided.


Improving Outcomes In Child Poverty And Wellness In Appalachia In The "New Normal" Era: Infusing Empathy Into Law, Jill C. Engle 2018 Penn State Law

Improving Outcomes In Child Poverty And Wellness In Appalachia In The "New Normal" Era: Infusing Empathy Into Law, Jill C. Engle

Faculty Scholarship

No abstract provided.


Vacating Adult Adoptions Post-Obergefell, Sarah A. Quarles 2018 University of Kentucky

Vacating Adult Adoptions Post-Obergefell, Sarah A. Quarles

Kentucky Law Journal

No abstract provided.


Solving Millennial Marriage Evolution, Kathleen E. Akers, Lynne Marie Kohm 2018 Regent University School of Law

Solving Millennial Marriage Evolution, Kathleen E. Akers, Lynne Marie Kohm

University of Baltimore Law Review

No abstract provided.


Against Nonmarital Exceptionalism, Albertina Antognini 2018 University of Kentucky

Against Nonmarital Exceptionalism, Albertina Antognini

Law Faculty Scholarly Articles

The Supreme Court’s opinion on the right to marry in Obergefell v. Hodges, inspired a flurry of scholarship on the topic of nonmarriage. In the wake of that decision, scholars have made claims about the state of nonmarriage, and also laid claim to it — embracing the nonmarital legal space that remains. This Article intervenes in the literature by looking at how the law directly interacts with unmarried couples — in distributing property when their relationship ends. The overview of the cases leads to one central claim: the law of nonmarriage as it currently stands remains deeply tethered to marriage, …


A Change In Military Pension Division: The End Of Court-Adjudicated Indemnification - Howell V. Howell, Eliza Grace Lynch 2018 Mitchell Hamline School of Law

A Change In Military Pension Division: The End Of Court-Adjudicated Indemnification - Howell V. Howell, Eliza Grace Lynch

Mitchell Hamline Law Review

No abstract provided.


Defining “Home” Through Homestead Laws,, Hannah Haksgaard 2018 University of South Dakota School of Law

Defining “Home” Through Homestead Laws,, Hannah Haksgaard

Faculty Publications

No abstract provided.


Social Security, Divorce, And The Scope Of Federal Preemption, Michael T. Flannery 2018 University of Arkansas at Little Rock, William H. Bowen School of Law

Social Security, Divorce, And The Scope Of Federal Preemption, Michael T. Flannery

Buffalo Law Review

In light of the United States Supreme Court’s decision in Howell v. Howell, in May 2017, this article urges Congress to clarify its intent for the scope of federal preemption of state property distribution laws under the anti-assignment provision of the Social Security Act, 42 U.S.C. § 407.Congress enacted the Social Security Act in 1935 to serve as a federally regulated social insurance benefit program designed to ensure a continuing source of income to retired workers, age 65 or older. Within the Act, Congress reserved for itself the exclusive authority to regulate the program, with one of the primary purposes …


Families Across Borders: When Immigration And Family Law Collide-Minors Crossing Borders, Stewart Chang 2018 University of Nevada, Las Vegas -- William S. Boyd School of Law

Families Across Borders: When Immigration And Family Law Collide-Minors Crossing Borders, Stewart Chang

Scholarly Works

No abstract provided.


Can Three Parents Make A Family In New York?, Arthur S. Leonard 2018 New York Law School

Can Three Parents Make A Family In New York?, Arthur S. Leonard

Other Publications

No abstract provided.


Birth Mother Can’T Challenge Ex-Wife’S Parental Rights, Arthur S. Leonard 2018 New York Law School

Birth Mother Can’T Challenge Ex-Wife’S Parental Rights, Arthur S. Leonard

Other Publications

No abstract provided.


Beyond Balancing: Rethinking The Law Of Embryo Disposition, Mary Ziegler 2018 Florida State University

Beyond Balancing: Rethinking The Law Of Embryo Disposition, Mary Ziegler

American University Law Review

No abstract provided.


Marriage Equality Comes To The Fourth Circuit, Carl Tobias 2018 University of Richmond - School of Law

Marriage Equality Comes To The Fourth Circuit, Carl Tobias

Law Faculty Publications

Marriage equality has come to America. Throughout 2014, several federal appellate courts and numerous district court judges across the United States invalidated state constitutional or statutory proscriptions on same-sex marriage. Therefore, it was not surprising that Eastern District of Virginia Judge Arenda Wright Allen held that Virginia’s bans were unconstitutional in February. The United States Court of Appeals for the Fourth Circuit affirmed her opinion that July. North Carolina, South Carolina, and West Virginia District Judges rejected these jurisdictions’ prohibitions during autumn, and the Supreme Court approved marriage equality the next year. Because marriage equality in the Fourth Circuit presents …


2017 Survey Of Rhode Island Law: Cases And Public Laws Of Note, 2018 Roger Williams University

2017 Survey Of Rhode Island Law: Cases And Public Laws Of Note

Roger Williams University Law Review

No abstract provided.


The "Primary Purpose" Of Children's Advocacy Centers: How Ohio V. Clark Revolutionized Children's Hearsay, Andrew Lentz 2018 J.D. 2018, Roger Williams University School of Law

The "Primary Purpose" Of Children's Advocacy Centers: How Ohio V. Clark Revolutionized Children's Hearsay, Andrew Lentz

Roger Williams University Law Review

No abstract provided.


International Survey Of Family Law, 2018 Ed., Margaret Brinig 2018 Notre Dame Law School

International Survey Of Family Law, 2018 Ed., Margaret Brinig

Books

Margaret Brinig, editor The International Survey of Family Law is the annual review of the International Society of Family Law. It brings together reliable and clearly structured insights into the latest and most notable developments in family law from all around the globe. Chapters are prepared by an international team of selected experts in the field, usually covering 20 or more jurisdictions in each edition.

The 2018 edition addresses highly topical matters ranging from assisted reproductive technology and sterilisation to end-of-life issues and estate settlement. The authors explore legislative changes, common law developments and challenges of integrating customary law or …


Research Handbook On Fiduciary Law, Julian Velasco, Paul B. Miller 2018 Notre Dame Law School

Research Handbook On Fiduciary Law, Julian Velasco, Paul B. Miller

Books

Book Chapters

Julian Velasco, Delimiting Fiduciary Status, in Research Handbook on Fiduciary Law 76 (D. Gordon Smith & Andrew Gold eds., 2018).

Paul B. Miller, Dimensions of Fiduciary Loyalty, in Research Handbook on Fiduciary Law 180 (D. Gordon Smith & Andrew Gold eds., 2018).

A familiar problem to scholars of fiduciary law is that of definition. Fiduciary law has been called “messy,” “elusive,” and “unusually vexing.” In part, this is because fiduciary law principles appear in many areas of law, but are applied differently in each. This has made the development of a unified theory difficult. Some scholars have doubted …


The First Queer Right, Scott Skinner-Thompson 2018 University of Colorado Law School

The First Queer Right, Scott Skinner-Thompson

Publications

Current legal disputes may lead one to believe that the greatest threat to LGBTQ rights is the First Amendment’s protections for speech, association, and religion, which are currently being mustered to challenge LGBTQ anti-discrimination protections. But underappreciated today is the role of free speech and free association in advancing the well-being of LGBTQ individuals, as explained in Professor Carlos Ball’s important new book, The First Amendment and LGBT Equality: A Contentious History. In many ways the First Amendment’s protections for free expression and association operated as what I label “the first queer right.”

Decades before the Supreme Court would …


Digital Commons powered by bepress