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Family Law

Family Law Prof Blog

Family law issues explored by law professors.
By Barbara Glesner Fines, Robert E. Oliphant, and Nancy Ver Steegh (William Mitchell College of Law).

Post Frequency: 12.6/day

Last Entry: April 01, 2011 at 15:18:00

Jaros: ?Unfettered Discretion: Criminal Orders of Protection and Their Impact on Parent Defendants?

Posted on August 05, 2010
David Michael Jaros (University of Baltimore School of Law) has posted Unfettered Discretion: Criminal Orders of Protection and Their Impact on Parent Defendants, Indiana Law Journal (forthcoming) on SSRN. Here is the abstract: The last two decades have witnessed an...

Ryznar & Park: "The Proper Guardians of Foster Children's Educational Interests"

Posted on August 05, 2010
Margaret Ryznar & Chai Park have posted The Proper Guardians of Foster Children?s Educational Interests, Loyola University Chicago Law Journal (forthcoming) on SSRN. Here is the abstract: The United States Supreme Court has enumerated a constitutionally protected parental right to...

Buying Mini Afflecks and Carells

Posted on August 04, 2010
From NBC LA: Choosing a sperm donor can be overwhelming for many couples and even more challenging to those who are trying to go it alone. There is a ton of information one has to sift through: donor's blood type,...

Massachusetts Supreme Court Holds Postnups Signed Before Divorce May Be Enforced

Posted on August 04, 2010
The Massachusetts Supreme Court ruled last week that postnuptial agreements dividing property on the eve of divorce are permissible, ending years of uncertainty about the enforceablity of such contracts in Massachusetts. Addressing a matter that has long sown doubt among...

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Proposition 8 Unconstitutional, Holds Federal District Court

Posted on August 04, 2010
A federal district court decision is expected later today in Perry et al v. Schwarzenegger. Reportedly, the decision finds California?s Proposition 8 unconstitutional as a violation of due process and equal protection. Read early media coverage here and here...

Birthing Project USA

Posted on August 03, 2010
From CNN: (CNN) -- When she was a public health administrator for the state of California, Kathryn Hall-Trujillo found that her greatest challenge was paying for babies who were born sick. "The figure we were working with at that time...

Mika: "One Way to Be Born? Legislative Inaction and the Posthumous Child"

Posted on August 03, 2010
Karin Mika (Cleveland State University - Cleveland-Marshall College of Law) has posted "One Way to Be Born? Legislative Inaction and the Posthumous Child" on SSRN. Here is the abstract: This article argues that the posthumous child and the rights and...

Forget the Freshman 15?.

Posted on August 02, 2010
?and welcome marriage weight gain. From the New York Times: A 2008 study in the Journal of Economics and Human Biology examined data from 12,000 men and women ages 18 to mid-40s. Compared with when they were single, the body...

Yablon-Zug: "Separation, Deportation, Termination"

Posted on August 02, 2010
Marcia Yablon-Zug (University of South Carolina School of Law) has posted "Separation, Deportation, Termination" on SSRN. Here is the abstract: Parents have a constitutional right to the care and control of their children but this right is coming into mounting...

Ziegler: "The Terms of the Debate: Litigation, Argumentative Strategies, and Coalitions in the Same-Sex Marriage Debate, 1993-2008"

Posted on August 02, 2010
Mary Ziegler (St. Louis University School of Law) has posted "The Terms of the Debate: Litigation, Argumentative Strategies, and Coalitions in the Same-Sex Marriage Debate, 1993-2008" on SSRN. Here is the abstract: Leading scholarship on same-sex marriage litigation has been...

Marriage & Divorce in Ancient Egypt

Posted on July 31, 2010
Read a recent, interesting account of marriage and divorce in ancient Egypt here. MR

Is Divorce Contagious?

Posted on July 30, 2010
From news4jax.com: JACKSONVILLE, Fla. -- A new study suggests divorce is contagious. The 62-year study found that couples who know someone or are related to someone who gets divorced are 75 percent more likely to split up themselves. Local marriage...

French Infanticide

Posted on July 30, 2010
From Time Magazine: The question is as horrifying as it is important to ask: Why are a rising number of French women killing their newborn babies? Finding the answer has become a matter of urgency following the discovery on Wednesday...

Fewer American Women Having Children

Posted on July 29, 2010
From Reuters: NEW YORK (Reuters Life!) ? More American women are choosing not to have children than three decades ago, according to a new report. Nearly 20 percent of older women do not have children, compared to 10 percent in...

Dent: "Straight is Better: Why Law and Society May Legitimately Prefer Heterosexuality"

Posted on July 29, 2010
George W. Dent Jr. (Case Western Reserve University School of Law) has posted "Straight is Better: Why Law and Society May Legitimately Prefer Heterosexuality" on SSRN. Here is the abstract: America is embroiled in a culture war over homosexuality. The...

State-Funded Infertility Treatments in England & Wales

Posted on July 28, 2010
The National Institute for Health and Clinical Excellence is re-evaluating its existing guidelines to determine whether infertility treatments for women over 39 should receive state-funding. Women aged 23 to 39 meeting set medical criteria currently are entitled up to three...

Call for Papers on "Aging as a Feminist Concern"

Posted on July 28, 2010
Emory University School of Law has issued a call for papers for a January 2011 Workshop titled "Aging as a Feminist Concern." PAPER TOPICS: Potential contributors are encouraged to think creatively about the relationship between aging and gender, and how...

Lying Yields Rape Conviction

Posted on July 27, 2010
The blogosphere is buzzing with commentary on the rape conviction received by an Arab in Israel for lying to a Jewish woman regarding his religion in order to have sex with her. The story is available here, read commentary here...

Fedders: "Race and Market Values in Domestic Infant Adoption"

Posted on July 27, 2010
Barbara Fedders (UNC School of Law) has posted "Race and Market Values in Domestic Infant Adoption" (North Carolina L. Rev. 2010) on SSRN. Here is the abstract: For prospective parents seeking to adopt U.S.-born babies, white infants are the most...

Dillard: "Procreation, Harm, and the Constitution"

Posted on July 26, 2010
Carter Dillard (Loyola University New Orleans) has posted Procreation, Harm, and the Constitution, 105 Northwestern University Law Review Colloquy 5 (2010) on SSRN. Here is the abstract: This Essay provides relatively novel answers to two related questions: First, are there...

Transgendered Spouse Denied Death Benefits

Posted on July 26, 2010
From the Houston Chronicle: A judge Friday agreed to temporarily bar the allegedly transgendered widow of a Wharton firefighter from spending or collecting his death benefits. State District Judge Randy Clapp ruled after hearing from Nikki Araguz that she received...

Jailing PTA Haters?

Posted on July 25, 2010
Read more here about a Detroit prosecutor's push to jail parents for "repeatedly missing scheduled parent-teacher conferences." AC

CA Family Judges Kept Busy

Posted on July 24, 2010
Family judges in California are overwhelmed with their case loads, hearing 30 cases a day. Read about it here. MR

Family Lawyering Undesirable?

Posted on July 23, 2010
Are Canadian lawyers unique in shying away from family law? Read about it here. MR

Parness & Townsend: "For Those Not John Edwards: More and Better Paternity Acknowledgments at Birth"

Posted on July 23, 2010
Jeffrey A. Parness & Zachary Townsend (Northern Illinois University College of Law) have posted "For Those Not John Edwards: More and Better Paternity Acknowledgments at Birth" (forthcoming University of Baltimore Law Review) on SSRN. Here is the abstract...

Yu: ?Sequence Matters: Understanding the Relationship between Parental Income Support Receipt and Child Mortality?

Posted on July 22, 2010
Peng Yu has posted Sequence Matters: Understanding the Relationship between Parental Income Support Receipt and Child Mortality, Australian Social Policy Journal (2010). Here is the abstract: Previous research indicates there is a complex relationship between parental income support receipt and...

Fertility Saving Procedure Performed on Youngest Ever Toddler

Posted on July 22, 2010
The New York Post reports on the youngest child ever to have a fertility saving procedure performed in the wake of a serious illness: Thanks to a new miracle surgery, the hope that little Violet Lee can one day have...

Surrogacy in Ireland

Posted on July 21, 2010
Irish couples have been experiencing troubles with surrogate parenthood, going abroad to engage in surrogacy. Read more here. MR

Perpetual Alimony

Posted on July 21, 2010
The battle rages on in Massachusetts to reform what many critics characterize as an antiquated and often inequitable set of principles governing alimony: Steve Niro got married in 1981 at age 23 and divorced less than five years later. At...

Weber: ?A New Look at Section 504 and the ADA in Special Education Cases?

Posted on July 20, 2010
Mark C. Weber (DePaul University College of Law) has posted A New Look at Section 504 and the ADA in Special Education Cases, Texas Journal on Civil Liberties and Civil Rights (forthcoming) on SSRN. Here is the abstract: School districts...

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