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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

Appleton: "Gender and Parentage: Family Law's Equality Project in Our Empirical Age"

Posted on July 02, 2010
Susan Frelich Appleton (Washington University School of Law) has posted "Gender and Parentage: Family Law's Equality Project in Our Empirical Age" on SSRN. Here is the abstract: This essay joins the debate about the place of gender in the law...

Smith: ?Equal Protection for Children of Gay and Lesbian Parents: Challenging the Three Pillars of Exclusion - Legitimacy, Dual-Gender Parenting, and Biology?

Posted on July 01, 2010
Catherine E. Smith has posted Equal Protection for Children of Gay and Lesbian Parents: Challenging the Three Pillars of Exclusion - Legitimacy, Dual-Gender Parenting, and Biology, 28 Law and Inequality 307 (2010) on SSRN. Here is the abstract: In this...

Gay Parent Denied Equal Rights by Wisconsin Court of Appeals

Posted on July 01, 2010
From the Chicago Tribune: A woman who raised two adopted children for years in a same-sex relationship is not considered their parent under Wisconsin law, an appeals court ruled Thursday. The court ruled against a woman who was seeking legal...

Child Marriages in Malaysia

Posted on June 30, 2010
From AsiaoneNews: KUALA LUMPUR, MALAYSIA: The concept of child marriage appears to be alive and well in Malaysia based on government statistics of premarital HIV screening for Muslims preparing to get married. Last year, 479 children under 15 years, two...

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Medical Marijuana and Custody

Posted on June 30, 2010
The Associated Press reports on recent cases denying custody and/or visitation to a parent making use of medical marijuana: More than a decade after states began approving marijuana for medical use, its role in custody disputes remains a little-known side...

Joslin: ?Travel Insurance: Protecting Lesbian and Gay Parent Families Across State Lines?

Posted on June 29, 2010
Courtney G. Joslin has posted Travel Insurance: Protecting Lesbian and Gay Parent Families Across State Lines, 4 Harvard Law & Policy Review 31 (2010) on SSRN. Here is the abstract: Until recently, when a lesbian couple had a child through...

Abortion by Telemedicine

Posted on June 29, 2010
From the NY Times: The situation has played out hundreds of times. From his office here, a doctor asks a woman on the computer screen before him one final question: Are you ready to take your pill? In the Iowa...

Child Support Law in Quebec

Posted on June 28, 2010
From Examiner.com: The lawyer who represented the woman known as "Lola" in a high profile child support case is in court for a similar case involving six women who feel Quebec's child support benefits are unfair and unconstitutional. Anne-France Goldwater...

Are We All in Need of Marriage Education?

Posted on June 28, 2010
From the Washington Post: Horn was well versed in the literature that showed that -- all things being equal -- children raised in two-parent homes fare, on average, better than those who grow up in single-parent households. They have more...

Racial Preferences in International Adoption

Posted on June 27, 2010
Fascinating report of an Italian high court decision on international adoption (from jurist.org): The Italian Court of Cassation [official website, in Italian], the country's highest appeals court, ruled Tuesday that couples seeking to adopt children of a certain ethnicity or...

Fordham: ?Disability and Designer Babies: Rethinking the Debate Over Genetic Interventions in Favor of Disability?

Posted on June 26, 2010
Brigham A. Fordham has posted Disability and Designer Babies: Rethinking the Debate Over Genetic Interventions in Favor of Disability, Valparaiso University Law Review, Forthcoming (2010) on SSRN. Here is the abstract: If deaf parents purposely use new genetic technologies to...

Truth in Divorce

Posted on June 25, 2010
More on New York's shift to no-fault divorce. This time the focus is on increased truthfulness in divorce court. There are certain to be consequences if New York State introduces no-fault divorce, as now seems likely. The divorce rate might...

Nurture vs. Nature

Posted on June 24, 2010
The nurture vs. nature debate may soon be getting new contributions: From The New York Times: The problem is that where genes are tidy bits of DNA, the environment is huge, amorphous and hard to quantify. It includes what your...

No-Fault Divorce in New York

Posted on June 24, 2010
Last week the New York Times posted a great series of professional perspectives on the state's shift to no-fault divorce law. From the introduction to the series: In 1969, Gov. Ronald Reagan of California signed the nation?s first no-fault divorce...

Paternity and Minor?s Standing under IL Law

Posted on June 23, 2010
The Illinois appellate court recently affirmed the circuit court?s finding of nonpaternity based on DNA testing even though respondent had signed a voluntary acknowledgment of paternity (VAP) and the birth certificate. The court held that the minor, by and through...

Women Scientists in Academia

Posted on June 23, 2010
From The New York Times: The House of Representatives has passed what I like to think of as Larry?s Law. The official title of this legislation is ?Fulfilling the potential of women in academic science and engineering,? but nothing did...

Van Rossum: "The Clash of Legal Cultures Over the "Best Interests of the Child' Principle in Cases of International Parental Child Abduction"

Posted on June 22, 2010
Wibo Van Rossum has posted "The Clash of Legal Cultures Over the ?Best Interests of the Child? Principle in Cases of International Parental Child Abduction" (Utrecht Law Review) on SSRN. Here is the abstract. Because of the increase in international....

The Cost of Raising Children

Posted on June 22, 2010
The Los Angeles Times reports on the release of new data on the cost of child-rearing: The grand total for middle-income parents raising one child from birth to age 17 is $222,360, which doesn't include college tuition, according to a...

Tritt: ?Sperms and Estates: An Unadulterated Functionally Based Approach to Parent-Child Property Succession?

Posted on June 21, 2010
Lee-ford Tritt has posted Sperms and Estates: An Unadulterated Functionally Based Approach to Parent-Child Property Succession, 62 Southern Methodist University Law Review 367 (2009) on SSRN. Here is the abstract: The Article argues that the sanguinary nexus test, the dominant...

The Modern Dad

Posted on June 21, 2010
Nice story in the Washington Post yesterday about a single adoptive father's journey, and how is story is representative of a shift in modern thinking over the role of fathers: Whereas our dad archetype has been a nervous man pacing...

Enjoy a Lazy Sunday Instead of Multi-Tasking

Posted on June 20, 2010
Many working parents often have to multi-task. However, new evidence suggests that not only is multi-tasking addictive, but it is counterproductive. From The New York Times: Scientists say juggling e-mail, phone calls and other incoming information can change how people...

Workplace Protections for Nannies

Posted on June 19, 2010
Working parents take heed! NY to provide workplace protections for nannies: . . .nannies, as well as other domestic workers who make possible the lives of New York?s eternally striving work force, have long gone without basic workplace guarantees that...

Juvenile Treatment Programs

Posted on June 18, 2010
A new juvenile treatment program has been introduced in St. Charles, IL. From The Beacon-News: ST. CHARLES TWP. -- Court services departments in the 16th Judicial Circuit will add a new juvenile treatment program that has had better success nationally...

Pregnancy and OCD

Posted on June 18, 2010
A new study "confirms and extends" a link between pregnancy and OCD: Obsessive-compulsive disorder, or OCD, is an anxiety disorder in which people have persistent, unwanted thoughts that compel them to repeat routines and rituals over and over. An obsession...

Abusing Child?s Credit

Posted on June 17, 2010
It seems that a new form of child abuse is the parental abuse of a child?s credit rating. These days, perhaps it could become a particular problem. CNNMoney.com reports: For parents who've wrecked their own credit rating, cashing in on...

Changes in Indian Law to Make Outsourcing Pregnancy More Difficult

Posted on June 17, 2010
From the New York Daily News: Foreign tourists visit India by the hundreds each year to hire surrogate moms to carry their babies for them. It's a bargain for the would-be parents, costing them around $23,000, or about one fifth...

Divorcing? There?s an App for That

Posted on June 16, 2010
From Robert Ambrogi?s blog: If you?re married to your iPhone but not so sure about your spouse, then DivorceApps.com may have just what you need. It is developing a series of iPhone apps designed for people who are considering or...

Gender and Passports

Posted on June 16, 2010
A new development on the "gender at birth v. gender on the birth certficate" front. From CNN: The U.S. State Department announced Wednesday a new policy that no longer requires passport applicants seeking a gender change to have undergone sexual...

Rare Adultery Charge

Posted on June 15, 2010
A woman in New York, originally arrested for public lewdness, is facing a rare?in the United States?adultery charge. She faces up to 90 days in jail or a $500 fine. Read more here. MR

Call for Papers for AALS Worshop on "Women Rethinking Equality"

Posted on June 15, 2010
June 4, 2010 MEMORANDUM To: Faculty of AALS Member Schools From: Planning Committee for 2011 Workshop on Women Rethinking Equality: Kathryn Abrams, University of California, Berkeley Law, Chair Serena Mayeri, University of Pennsylvania Law School Elizabeth Nowicki, Tulane University Law...

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