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Puffing Away Parental Rights: A Survey And Analysis Of Whether Secondhand Smoke Exposure Is Child Abuse, Karly Huml 2019 Cleveland-Marshall College of Law

Puffing Away Parental Rights: A Survey And Analysis Of Whether Secondhand Smoke Exposure Is Child Abuse, Karly Huml

Journal of Law and Health

The steps taken thus far to protect children in public areas, custody cases, and in vehicles show the legislature's awareness of the chemical harms of secondhand smoke for children. This article will analyze those steps and discuss what they mean for both parents' and children's constitutional rights. This article proposes that the legislature take a vital fourth step by including secondhand smoke exposure in child abuse laws. Section II of this article provides the history of smoking tobacco and its transition from a trendy social status to an unpopular, harmful habit. Section II also introduces the steps that ...


Bringing Specificity To Child Custody Provisions In California, Shawn McCall 2019 Golden Gate University School of Law

Bringing Specificity To Child Custody Provisions In California, Shawn Mccall

Golden Gate University Law Review

This Comment evaluates the empirical evidence from social science studies to demonstrate that there is currently a sturdy body of social science research to justify using tangible evidence to define terms in the California Family Code, the California Family Courts, and beyond. Because the standard for custody determinations in California is the “best interest of the child” per the state’s legislation, social science research provides a vehicle that can define the “best interest of the child standard.” This Comment argues that this can be done empirically by calculating the minimum amount of time a child—in the aggregate— needs ...


Living Apart Together As A “Family Form” Among Persons Of Retirement Age: The Appropriate Family Law Response, Cynthia Grant Bowman 2019 Cornell Law School

Living Apart Together As A “Family Form” Among Persons Of Retirement Age: The Appropriate Family Law Response, Cynthia Grant Bowman

Cynthia Grant Bowman

As the Baby Boom generation enters retirement age, patterns of living among older persons are beginning to change. Unlike their predecessors, the Baby Boomers lived through the sexual revolution, divorced more easily and more often, and institutionalized new patterns of coupling, such as cohabitation. As a result, the rate of marriage has declined and the percent of the population classified as “single” has gone up. This age cohort has now moved into the sixty-five-plus group and makes up those we think of as the retirement generation, or the “Third Age” group. As longevity has increased and the divorce rate for ...


Rights Of Creditors To Collect Marital Debts After Divorce In Community Property Jurisdictions, James L. Musselman 2019 South Texas College of Law, Houston

Rights Of Creditors To Collect Marital Debts After Divorce In Community Property Jurisdictions, James L. Musselman

Pace Law Review

The primary thrust of this Article is to address the post-divorce liability issue outlined in Part III from the perspective of debtor-creditor law. The rules adopted in most of the community property jurisdictions with respect to this issue appear to be primarily focused on the perspective of marital property and family law without regard to general debtor-creditor law principles and policies. For example, basic fraudulent transfer law has been ignored in those jurisdictions and not applied in the usual manner. As a result, the rules developed in those jurisdictions with regard to the post-divorce liability issue are not consistent with ...


Leveling The Playing Field: Advancing Free Legal Aid For The Family Law Claims Of Ethiopian Women, Maereg Tewoldebirhan Alemayehu 2019 College of William & Mary Law School

Leveling The Playing Field: Advancing Free Legal Aid For The Family Law Claims Of Ethiopian Women, Maereg Tewoldebirhan Alemayehu

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

No abstract provided.


A Case For Legalizing Polygamy In Western Societies: Lessons From The Global South, 2019 University of Minnesota Law School

A Case For Legalizing Polygamy In Western Societies: Lessons From The Global South

Law & Inequality: A Journal of Theory and Practice

No abstract provided.


Uncommon Misconceptions: Holding Physicians Accountable For Insemination Fraud, 2019 University of Minnesota Law School

Uncommon Misconceptions: Holding Physicians Accountable For Insemination Fraud

Law & Inequality: A Journal of Theory and Practice

No abstract provided.


Report Of A National Meeting: Parental Involvement Laws And The Judicial Bypass, 2019 University of Minnesota Law School

Report Of A National Meeting: Parental Involvement Laws And The Judicial Bypass

Law & Inequality: A Journal of Theory and Practice

No abstract provided.


Equality, Equity, And Dignity, 2019 University of Minnesota Law School

Equality, Equity, And Dignity

Law & Inequality: A Journal of Theory and Practice

No abstract provided.


Introduction, 2019 University of Minnesota Law School

Introduction

Law & Inequality: A Journal of Theory and Practice

Introduction of articles published as a part of the North American Regional Meeting of the International Society of Family Law


Complex Relationships: Public Policy And Law Solutions To Rebalance The Confrontation Clause, Evidence-Based Intimate-Partner Violence Prosecution, And Public And Private Violence After The Resurrection Of Roberts, Kira Eidson 2019 Trinity College

Complex Relationships: Public Policy And Law Solutions To Rebalance The Confrontation Clause, Evidence-Based Intimate-Partner Violence Prosecution, And Public And Private Violence After The Resurrection Of Roberts, Kira Eidson

Senior Theses and Projects

Following the Supreme Court’s 2004 decision in Crawford v. Washington, tensions between the Sixth Amendment Confrontation Clause and evidence-based prosecution of intimate-partner violence increased. In consequence, the Court forged a path of Constitutional jurisprudence which has weakened the power of the Confrontation Clause, reverted to a disguised reliability test reminiscent of Ohio v. Roberts, and diminished the rights of the accused. Simultaneously, these rulings have created a hierarchy where the severity of private, domestic violence is regarded as a lower level of emergency than public violence. Consequently, the Supreme Court’s primary purpose test for testimonial statements should be ...


Phantom Income And Domestic Support Obligations, Timothy M. Todd 2019 Liberty University School of Law

Phantom Income And Domestic Support Obligations, Timothy M. Todd

Buffalo Law Review

The tax code is designed to raise government revenue. Domestic support obligations (DSOs)—namely, child support and spousal support—are designed to ameliorate the financial burdens that arise upon divorce. To determine the amount of domestic support obligations, statutes often refer to commonly used taxation concepts, such as “income.”

Courts determining domestic support obligations have been confronted with the question of how to treat “phantom income”—that is, amounts that are includible as gross income under the federal tax code but that have not resulted in any actual current cash receipt. Individuals obligated to make domestic support payments have argued ...


Now, I'M Liberal, But To A Degree: An Essay On Debating Religious Liberty And Discrimination, Francis J. Beckwith 2019 Baylor University

Now, I'M Liberal, But To A Degree: An Essay On Debating Religious Liberty And Discrimination, Francis J. Beckwith

Cleveland State Law Review

This essay is a critical analysis of the book authored by John Corvino, Sherif Girgis, and Ryan T. Anderson, Debating Religious Liberty and Discrimination. The book offers two contrary views on how best to think about some of the conflicts that have arisen over religious liberty and anti-discrimination laws, e.g., Masterpiece Cakeshop, Ltd. v. Colorado Civil Rights Comm’n, 138 S. Ct. 1719 (2018). One position is defended by Corvino, and the other by Girgis and Anderson. After a brief discussion of the differing views of religious liberty throughout American history (including the American founding), this essay summarizes each ...


Child Witnesses, Thomas D. Lyon, Kelly McWilliams, Shanna Williams 2019 University of Southern California

Child Witnesses, Thomas D. Lyon, Kelly Mcwilliams, Shanna Williams

University of Southern California Legal Studies Working Paper Series

In this chapter we provide an overview of psychological issues involving children’s capacities as witnesses. First, we discuss the kinds of cases in which children are usually involved. Across different courts, one most often sees children describing abuse at the hands of familiar adults. Second, we describe the difficulties children encounter in disclosing abuse, particularly when it is perpetrated by adults close to them. These dynamics lead most children to remain silent, and only the most forthcoming children to disclose. Third, we suggest a framework for assessing children’s allegations, in which child-generated and adult-generated information lie on opposite ...


Drinking From A Firehose: Conversation Analysis Of Consultations In A Brief Advice Clinic, Linda F. Smith 2019 University of Utah S.J. Quinney College of Law

Drinking From A Firehose: Conversation Analysis Of Consultations In A Brief Advice Clinic, Linda F. Smith

Ohio Northern University Law Review

No abstract provided.


Law School News: A Spring Break That Teaches - And Gives Back 03/11/2019, Edward Fitzpatrick 2019 Roger Williams University

Law School News: A Spring Break That Teaches - And Gives Back 03/11/2019, Edward Fitzpatrick

Life of the Law School (1993- )

No abstract provided.


Cycles Of Failure: The War On Family, The War On Drugs, And The War On Schools Through Hbo’S The Wire, Zachary E. Shapiro, Elizabeth Curran, Rachel C.K. Hutchinson 2019 Yale Law School

Cycles Of Failure: The War On Family, The War On Drugs, And The War On Schools Through Hbo’S The Wire, Zachary E. Shapiro, Elizabeth Curran, Rachel C.K. Hutchinson

Washington and Lee Journal of Civil Rights and Social Justice

Freamon, Bodie, and Zenobia’s statements cut straight to the heart of The Wire’s overarching theme: Individuals are trapped in a complex “cycle of harm” where social problems of inequality, crime, and violence are constantly reinforced. The Wire was a television drama that ran on HBO from 2002 through 2008, created by David Simon. The show focuses on the narcotics scene in Baltimore through the perspective of different stakeholders and residents of the city. The Wire highlights how self-perpetuating, interconnected, and broken social institutions act in concert to limit individual opportunity. These institutions squash attempts at reform by punishing ...


Family Law's Exclusions, Clare Huntington 2019 Fordham University School of Law

Family Law's Exclusions, Clare Huntington

Fordham Law Review Online

As Fordham Law School commemorates the hundredth anniversary of women in its ranks, the school is also acknowledging the ways it has excluded women. For this special Issue celebrating scholarship by the women of Fordham, I see a similar theme echoing in my work. From my first article, published soon after I graduated from law school, through my most recent work, I have identified and explored the exclusions riddling family law.


Rethinking Premarital Agreements: A Collaborative Approach, Elizabeth Carter 2019 Louisiana State University Law Center

Rethinking Premarital Agreements: A Collaborative Approach, Elizabeth Carter

Elizabeth R. Carter

No abstract provided.


Family Law And Female Empowerment, Andrea B. Carroll 2019 Louisiana State University Law Center

Family Law And Female Empowerment, Andrea B. Carroll

Andrea Beauchamp Carroll

No abstract provided.


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