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

Family Law Commons

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

6,692 Full-Text Articles 4,252 Authors 3,050,354 Downloads 161 Institutions

All Articles in Family Law

Faceted Search

6,692 full-text articles. Page 9 of 147.

In Defense Of Hearth And [Foster] Home: Determining The Constitutionality Of State Regulation Of Firearm Storage In Foster Homes, Joseph G. DuChane 2018 Washington and Lee University School of Law

In Defense Of Hearth And [Foster] Home: Determining The Constitutionality Of State Regulation Of Firearm Storage In Foster Homes, Joseph G. Duchane

Washington and Lee Law Review

No abstract provided.


Administrative Chaos: Responding To Child Refugees—U.S. Immigration Process In Crisis, Lenni B. Benson 2018 New York Law School

Administrative Chaos: Responding To Child Refugees—U.S. Immigration Process In Crisis, Lenni B. Benson

Washington and Lee Law Review

No abstract provided.


Children Are Crying And Dying While The Supreme Court Is Hiding: Why Public Schools Should Have Broad Authority To Regulate Off-Campus Bullying "Speech", Jennifer Butwin 2018 Fordham University School of Law

Children Are Crying And Dying While The Supreme Court Is Hiding: Why Public Schools Should Have Broad Authority To Regulate Off-Campus Bullying "Speech", Jennifer Butwin

Fordham Law Review

Bullying has long been a concern for students, parents, teachers, and school administrators. But technological advances—including the internet, cell phones, and social media—have transformed the nature of bullying and allow “cyberbullies” to extend their reach far beyond the schoolhouse gate. The U.S. Supreme Court established that schools may regulate on-campus speech if the speech creates a substantial disruption of, or material interference with, school activities. However, the Court has yet to rule on a school’s ability to regulate students’ off-campus bullying speech. This Note examines how various courts have approached the issue, analyzes the current circuit ...


Fear Of A Multiracial Planet: Loving’S Children And The Genocide Of The White Race, Reginald Oh 2018 Cleveland-Marshall College of Law

Fear Of A Multiracial Planet: Loving’S Children And The Genocide Of The White Race, Reginald Oh

Reginald Oh

Part I analyzes the Loving decision striking down antimiscegenation laws and examines the segregationists’ justifications for antimiscegenation laws. Next, Part II explores the historical opposition of white segregationists to interracial marriages, families, and children and argues that the principle and practice of endogamy is a central feature of Jim Crow segregation. Finally, Part III examines the present ideology of white nationalism and shows that white nationalists oppose interracial unions and families for some of the same reasons that white segregationists opposed them. Specifically, white nationalists oppose interracial families because they are one of the main factors contributing to the so-called ...


Mulkern V. Eight Jud. Dist. Ct., 134 Nev. Adv. Op. No. 82 (Oct. 18, 2018), Adrianna Guida 2018 University of Nevada, Las Vegas -- William S. Boyd School of Law

Mulkern V. Eight Jud. Dist. Ct., 134 Nev. Adv. Op. No. 82 (Oct. 18, 2018), Adrianna Guida

Nevada Supreme Court Summaries

The Court determined the presumption under NRS § 432B.550(5)(a), that a child’s best interest is to be placed together with the siblings of the child, also applies to adopted children. Further, the Court held adoption does not sever a biological sibling relationship for purposes of NRS § 432B.550(5)(a).


We Are All Farkhunda: An Examination Of The Treatment Of Women Within Afghanistan's Formal Legal System, Ashley Lenderman 2018 Indiana University Maurer School of Law

We Are All Farkhunda: An Examination Of The Treatment Of Women Within Afghanistan's Formal Legal System, Ashley Lenderman

Indiana Journal of Constitutional Design

In this paper, I will examine three cases of violence against women that went through the Afghan formal legal system: the case of Farkhunda, the Paghman district gang rape case, and the case of Sahar Gul. In the first Part, I will discuss the formal legal system framework on which the cases are based. In the second Part, I will discuss the cases in detail. In the third Part, I will describe neo-liberal, reformist, and neo-fundamentalist approaches to interpretation of Islamic law, and I will then draw out pieces of the decisions from the three cases that closely match these ...


Law By Non-Lawyers: The Limit To Limited License Legal Technicians Increasing Access To Justice, Rebecca M. Donaldson 2018 Seattle University School of Law

Law By Non-Lawyers: The Limit To Limited License Legal Technicians Increasing Access To Justice, Rebecca M. Donaldson

Seattle University Law Review

For the first time in the American legal profession, non-lawyers can openly, independently, ethically, and legally engage in activities recognized by bar associations as the practice of law. In 2012, the Washington Supreme Court passed Admission and Practice Rule 28 (APR 28), establishing the profession’s first paraprofessional licensing scheme that allows non-lawyers to give legal advice. The process authorizes qualified non-lawyers to provide legal advice without the supervision of a lawyer. Washington’s Supreme Court intends for Limited License Legal Technicians, or “LLLTs” as they are known, to increase access to justice by responding to the unmet civil legal ...


Childhood Obesity And Positive Obligations: A Child Rights-Based Approach, Benedetta Faedi Duramy 2018 Seattle University School of Law

Childhood Obesity And Positive Obligations: A Child Rights-Based Approach, Benedetta Faedi Duramy

Seattle University Law Review

Childhood obesity is one of the most serious current public health challenges. Its prevalence has increased at an alarming rate. The World Health Organization estimated that in 2016 the global number of overweight children under the age of five was over 41 million. Although there is widespread concern about the rising rates of childhood obesity, there is not as much consensus on how to address the problem. Obesity has been mostly considered either a matter of personal responsibility or of parental responsibility when it concerns children. Inadequate attention has been given instead to the obligations borne by States to prevent ...


Voila! Taking The Judge Out Of Divorce, Margaret Ryznar, Angélique Devaux 2018 Seattle University School of Law

Voila! Taking The Judge Out Of Divorce, Margaret Ryznar, Angélique Devaux

Seattle University Law Review

This Article examines the possibility of non-judicial divorce in the United States based on the French model. Part I begins by examining the recognition of divorce by agreement of the parties in France. Part II analyzes the judicial role in American divorces, and whether it bars either domestic non-judicial divorce or recognition of foreign non-judicial divorce. Part III undertakes a comparative analysis, concluding that the United States may be amenable to non-judicial divorces that occur not only abroad but, eventually, within its own borders.


Women’S Divorce Rights In Jordan: Legal Rights And Cultural Challenges, Helen David 2018 SIT Study Abroad

Women’S Divorce Rights In Jordan: Legal Rights And Cultural Challenges, Helen David

Independent Study Project (ISP) Collection

This research aims to examine women’s divorce rights in Jordan examining the topic both through their legal rights as well as through the cultural challenges and stigma that divorced women face. The research is focused specifically on the rights of Muslim women, who have to file for divorce through the Shari’a court system, in Jordan that are Jordanian nationals. The literature used in the research provides background insight into Jordan’s tribal system, family law in Jordan, and psychological theories that relate to group therapy and self-efficacy in divorced women. The researcher hypothesizes that despite the many socio-economic ...


Family Law, Siyuan CHEN 2018 Singapore Management University

Family Law, Siyuan Chen

Research Collection School Of Law

No abstract provided.


Dads Are Parents, Too: Why Amending The Pregnancy Discrimination Act Is Necessary For Courts To Determine If A Parental Leave Policy Violates Title Vii, Krista Gay 2018 Brooklyn Law School

Dads Are Parents, Too: Why Amending The Pregnancy Discrimination Act Is Necessary For Courts To Determine If A Parental Leave Policy Violates Title Vii, Krista Gay

Brooklyn Journal of Corporate, Financial & Commercial Law

To attract millennials desiring a work-life balance, large companies have begun to offer new parent leave to both male and female employees and commonly offer longer leave to women than men. Although a company may offer pregnancy disability leave to women without offering similar leave to men, if the company classifies the leave as parental bonding leave, it must be offered equally. If it is not, as highlighted by recent lawsuits against JP Morgan and Estée Lauder, a Title VII claim can arise. Historically, courts have had difficulty deciding if such a policy does in fact violate Title VII, because ...


Getting Blood From Stones: Results And Policy Implications Of An Empirical Investigation Of Child Support Practice In St. Joseph County, Indiana Paternity Actions, Margaret F. Brinig, Marsha Garrison 2018 Notre Dame Law School

Getting Blood From Stones: Results And Policy Implications Of An Empirical Investigation Of Child Support Practice In St. Joseph County, Indiana Paternity Actions, Margaret F. Brinig, Marsha Garrison

Journal Articles

Today, there is consensus that the current system of calculating and enforcing support obligations does not work well for disadvantaged families, most of which are nonmarital. Nonmarital children are less likely to have support orders established than marital children, and they are much less likely to experience full payment.

In this paper, we report data on parenting time, child support calculation, and enforcement actions in a population of nonmarital children for whom paternity actions were brought, in 2008 or 2010, in St. Joseph County, Indiana. The computerized, court-based record system we utilized to collect data gave us access to information ...


The Universal, Inalienable Right Of The Child To The Marriage Of His Biological Parents, Neil B. Johnson 2018 Brigham Young University Law School

The Universal, Inalienable Right Of The Child To The Marriage Of His Biological Parents, Neil B. Johnson

Brigham Young University Journal of Public Law

No abstract provided.


The Intertwined Existence Of Families And Religion, L. Steven Brooks 2018 Brigham Young University Law School

The Intertwined Existence Of Families And Religion, L. Steven Brooks

Brigham Young University Journal of Public Law

No abstract provided.


The Intertwined Existence Of Families And Religion, Lynn D. Wardle 2018 Brigham Young University Law School

The Intertwined Existence Of Families And Religion, Lynn D. Wardle

Brigham Young University Journal of Public Law

No abstract provided.


The Universal, Inalienable Right Of The Child To The Marriage Of His Biological Parents, Patrick F. Fagan, William L. Saunders 2018 Brigham Young University Law School

The Universal, Inalienable Right Of The Child To The Marriage Of His Biological Parents, Patrick F. Fagan, William L. Saunders

Brigham Young University Journal of Public Law

No abstract provided.


Tensions Underlying The Indian Child Welfare Act: Tribal Jurisdiction Over Traditional State Court Family Law Matters, Elizabeth MacLachlan 2018 Brigham Young University Law School

Tensions Underlying The Indian Child Welfare Act: Tribal Jurisdiction Over Traditional State Court Family Law Matters, Elizabeth Maclachlan

BYU Law Review

State courts have historically exercised jurisdiction over family law cases. However, under the Indian Child Welfare Act (ICWA), Indian child custody and adoption cases have been taken out of state jurisdiction and placed with Indian tribal governments. State courts have pushed back against proper deference to ICWA and violate ICWA by misapplying its provisions and refusing to transfer custody and adoption cases to tribal courts. This Note analyzes the state-tribal tensions surrounding ICWA and argues that the primary reason for the lack of full state acceptance of ICWA is that, historically, states have had nearly total jurisdiction over family law ...


De Novo: Reviewing Tax Court Redressability Incongruities In Innocent Spouse Relief Sections 66© And 6015(F), Jason Harn 2018 Seattle University School of Law

De Novo: Reviewing Tax Court Redressability Incongruities In Innocent Spouse Relief Sections 66© And 6015(F), Jason Harn

Seattle University Law Review

Part One of this Note details the historical background of joint and several liability in federal income taxation. Part Two introduces, compares, and contrasts the two statutory provisions Congress has enacted to relieve “innocent spouses” from joint and several liability. Part Three discusses the incongruent standards of review applied by the Tax Court to these—§§ 66 and 6015—two substantially similar relief provisions. Finally, Part Four suggests remedies to alleviate this incongruity.


From Equitable To Equal, And Then More Equal: How Nevada Divorce Law Can Help Domestic Violence Survivors, David Ernesto Chavez 2018 University of Nevada, Las Vegas -- William S. Boyd School of Law

From Equitable To Equal, And Then More Equal: How Nevada Divorce Law Can Help Domestic Violence Survivors, David Ernesto Chavez

Nevada Law Journal

No abstract provided.


Digital Commons powered by bepress