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Access To Safety And Justice: Service Of Process In Domestic Violence Cases, Jane K. Stoever 2019 University of Washington School of Law

Access To Safety And Justice: Service Of Process In Domestic Violence Cases, Jane K. Stoever

Washington Law Review

Every day, in courthouses across America, numerous domestic violence protection order cases are dismissed for lack of personal service, even though law enforcement is tasked under federal law with effectuating service. Service of process presents substantial access to justice and access to safety issues for domestic violence survivors who seek legal protection, as nearly 40% of petitioners for civil protection orders are unable to achieve personal service on those against whom they seek protection. Research shows that the civil protection order remedy is the most effective legal means for intervening in and eliminating abuse, yet petitioners who fail to achieve ...


The Utility Of Direct Questions In Eliciting Subjective Content From Children Disclosing Sexual Abuse, Stacia N. Stolzenberg, Shanna Williams, Kelly McWilliams, Catherine Liang, Thomas D. Lyon 2019 Arizona State University

The Utility Of Direct Questions In Eliciting Subjective Content From Children Disclosing Sexual Abuse, Stacia N. Stolzenberg, Shanna Williams, Kelly Mcwilliams, Catherine Liang, Thomas D. Lyon

University of Southern California Legal Studies Working Paper Series

Background: Children alleging sexual abuse rarely exhibit emotion when disclosing, but they may be able to describe their subjective reactions to abuse if asked.

Objective: This study examined the extent to which different types of questions in child sexual abuse interviews elicited subjective content, namely emotional reactions, cognitive content, and physical sensations.

Participants and Setting: The study included transcripts of 205 Child Advocacy Center interviews with 4- to 12-year-old children alleging sexual abuse.

Methods: We coded questions for question type, distinguishing among invitations, wh- questions, yes/no and forced-choice questions, and suggestive questions. We coded both questions and answers for ...


Table Of Contents, Seattle University Law Review 2019 Seattle University School of Law

Table Of Contents, Seattle University Law Review

Seattle University Law Review

No abstract provided.


Marriage Equality Comes To The Fourth Circuit, Carl Tobias 2019 University of Richmond School of Law

Marriage Equality Comes To The Fourth Circuit, Carl Tobias

Washington and Lee Law Review

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 ...


The "Art" Of Future Life: Rethinking Personal Injury Law For The Negligent Deprivation Of A Patient's Right To Procreation In The Age Of Assisted Reproductive Technologies, Erika N. Auger 2019 Chicago-Kent College of Law

The "Art" Of Future Life: Rethinking Personal Injury Law For The Negligent Deprivation Of A Patient's Right To Procreation In The Age Of Assisted Reproductive Technologies, Erika N. Auger

Chicago-Kent Law Review

No abstract provided.


The Polarization Of Reproductive And Parental Decision-Making, Jamie R. Abrams 2019 University of Louisville Louis D. Brandeis School of Law

The Polarization Of Reproductive And Parental Decision-Making, Jamie R. Abrams

Jamie R. Abrams

Women’s abortion and parental decision-making in child rearing are constructed as polarized methods of decision-making in law, politics, and society. Women’s abortion decision-making is understood as myopic and individualistic. Parental decision-making is understood as sacrificial and selfless. This polarization leaves reproductive decision-making isolated, marginalized, and vulnerable while parental decision-making is essentialized, protected, and revered. Both framings are inaccurate and problematic. A unified family decision-making framework that aligns abortion decision-making and parental decision-making reveals that both forms of decision-making are more multi-dimensional, relational, and family-centered than currently understood. This Article exposes the ground to be gained by crossing longstanding ...


Cohabitation Worldwide Today, Margaret Ryznar, Anna Stępień-Sporek 2019 Indiana University McKinney School of Law

Cohabitation Worldwide Today, Margaret Ryznar, Anna Stępień-Sporek

Georgia State University Law Review

Despite the increase in cohabitation around the world, legal responses to it remain limited, particularly in the last several years. Yet, there are universal issues at the end of a cohabitation, particularly related to property division. This article will survey the recent legal developments on the property consequences of cohabitation in both the United States and Poland, drawing on comparative lessons to suggest future developments in this area of law.


Champions For Justice & Public Interest Auction 2019, Roger Williams University School of Law 2019 Roger Williams University

Champions For Justice & Public Interest Auction 2019, Roger Williams University School Of Law

School of Law Public Interest Auction

No abstract provided.


Stretching The First Amendment: Religious Freedom And Its Constitutional Limits Within The Adoption Sector, Tracy Smith 2019 J.D. Candidate, Pepperdine University School of Law

Stretching The First Amendment: Religious Freedom And Its Constitutional Limits Within The Adoption Sector, Tracy Smith

Pepperdine Law Review

The Constitution promises liberty to all within its reach, a liberty that includes certain specific rights that allow persons, within a lawful realm, to define and express their identity.


Cultural Diversity In Custody Disputes, Frederick H. Zemans 2019 Osgoode Hall Law School of York University

Cultural Diversity In Custody Disputes, Frederick H. Zemans

Frederick H. Zemans

The Commentaries give us a perspective of the expectations of medieval English society and its laws with respect to child rearing and the transmission of community values. Canada has inherited the common laws' values as articulated by Blackstone and has attempted to integrate them into its very different society.

Heterogeneous and pluralistic, Canada's society contains numerous cultural groups, each of which maintain distinct and independent traditions as well as the various national and religious institutions required to support these traditions.


Maltreated Children's Ability To Make Temporal Judgments Using A Recurring Landmark Event, Kelly McWilliams, Thomas D. Lyon, J A. Quas 2019 University of Southern California Law School

Maltreated Children's Ability To Make Temporal Judgments Using A Recurring Landmark Event, Kelly Mcwilliams, Thomas D. Lyon, J A. Quas

University of Southern California Legal Studies Working Paper Series

This study examined whether maltreated children are capable of judging the location and order of significant events with respect to a recurring landmark event. 167 6- to 10-year-old maltreated children were asked whether the current day, their last court visit, and their last change in placement were “near” their birthday and “before or after” their birthday. Children showed some understanding that the target event was “near” and “before” their birthday when their birthday was less than three months hence, but were relatively insensitive to preceding birthdays. Hence, children exhibited a prospective bias, preferentially answering with reference to a forthcoming birthday ...


Utah Marriage And Divorce Laws, Kory Staheli, Stephen Elmo Averett 2019 BYU Law

Utah Marriage And Divorce Laws, Kory Staheli, Stephen Elmo Averett

BYU Law Library Publications

A summary of current Utah domestic relations law. Current legal forms and sample filing documents are included in the Appendix.


Schnedler V. Lee: Some (Re)Assembly Required, Victoria Johnson 2019 University of Oklahoma College of Law

Schnedler V. Lee: Some (Re)Assembly Required, Victoria Johnson

Oklahoma Law Review

No abstract provided.


The Constitutionalization Of Fatherhood, Dara Purvis 2019 Penn State Law

The Constitutionalization Of Fatherhood, Dara Purvis

Journal Articles

Beginning in the 1970s, the Supreme Court heard a series of challenges to family law statutes brought by unwed biological fathers, questioning the constitutionality of laws that treated unwed fathers differently than unwed mothers. The Court’s opinions created a starkly different constitutional status for unwed fathers than for unwed mothers, demanding additional actions and relationships before an unwed father was considered a constitutional father. Although state parentage statutes have progressed beyond their 1970s incarnations, the doctrine created in those family law cases continues to have impact far beyond family law. Transmission of citizenship in the context of immigration law ...


Protecting All Women: Tribal Protection Orders And Required Enforcement Under Vawa, Brenna P. Riley 2019 J.D. 2019, Roger Williams University School of Law

Protecting All Women: Tribal Protection Orders And Required Enforcement Under Vawa, Brenna P. Riley

Roger Williams University Law Review

No abstract provided.


Childcare, Vulnerability, And Resilience, Meredith Johnson Harbach 2019 University of Richmond - School of Law

Childcare, Vulnerability, And Resilience, Meredith Johnson Harbach

Law Faculty Publications

The question of how to provide care for America’s youngest children, and the quality of that care, is among the most vexed for family law. Despite seismic demographic shifts in work and family, childcare law and policy in the United States still operates on the assumption that childcare is the private responsibility of parents and families rather than a state concern. But this private childcare model, based on unrealistic assumptions in liberal theory and buttressed by an ascendant neoliberalism, is inadequate to today’s childcare challenges. This project confronts the inadequacies of the private childcare model. Using Martha Albertson ...


2018 Survey Of Rhode Island Case Law, 2019 Roger Williams University

2018 Survey Of Rhode Island Case Law

Roger Williams University Law Review

No abstract provided.


Considering Parental Alienation When Assessing Best Interest Of The Child, Danielle Stewart 2019 Claremont Colleges

Considering Parental Alienation When Assessing Best Interest Of The Child, Danielle Stewart

CMC Senior Theses

As the divorce rate in the United States remains steady at 50%, the last few decades have shown an increase in child custody disputes. Within these litigations, interparental conflict can reach high levels and incite behaviors that wreak havoc on the children who are caught in the middle. When considering custody arrangements, judges and other evaluators use the Best Interest of the Child Standard (BICS), a jurisdictionally-specific framework that examines several factors that contribute to a child’s health and well-being. Parents who allow their resentments to get the better of them sometimes engage in behavior that encourages their child ...


Freedom Of Disposition V. Duty Of Support: What's A Child Worth?, Phyllis C. Taite 2019 Florida A&M University College of Law

Freedom Of Disposition V. Duty Of Support: What's A Child Worth?, Phyllis C. Taite

Journal Publications

Mandating financial responsibility for the care of children during one's lifetime is without question. Child support laws have been implemented in every state in America based on the inherent duty to financially support dependent children. Some laws even extend that duty to provide financial support to children over the age of eighteen when the child has a disability or pursues higher education.

Just as entrenched is the right of a decedent to dispose of his property as he pleases, known as freedom of disposition. Every state has intestacy provisions that provide for disposition of property after a decedent's ...


The Harm Of Child Removal, Shanta Trivedi 2019 University of Baltimore School of Law

The Harm Of Child Removal, Shanta Trivedi

All Faculty Scholarship

When the state proves or even merely alleges that a parent has abused or neglected a child, family courts may remove the child from the parent’s care. However, research shows separating a child from her parent(s) has detrimental, long-term emotional and psychological consequences that may be worse than leaving the child at home. This is due to the trauma of removal itself, as well as the unstable nature of, and high rates of abuse in, foster care. Nevertheless, the child welfare system errs on the side of removal and almost uniformly fails to consider the harms associated with ...


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