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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

Controversial Child Abuse Registries

Posted on February 24, 2011
From DesMoinesRegister.com: Iowa's 51,960-name child abuse registry could get an overhaul in the wake of complaints that the list damages reputations and job prospects for the accused before they've had a fair hearing. ... Appeals took an average of 273...

Montana Counseling Measure Fails

Posted on February 24, 2011
A Republican lawmaker wants to require couples with children under the age of 18 to undergo marriage counseling before getting a divorce. Representative Tom McGillvray's bill would require couples to attend seven meetings with a counselor. He says divorce is...

Breastfeeding Not Indecent Exposure

Posted on February 23, 2011
From the Washington Post: Breastfeeding mothers no longer will feel shamed to feed their child in public places in Alexandria. The Alexandria City Council unanimously amended their indecent-exposure ordinance Saturday to exclude breastfeeding. The council plans to pass a special...

Maryland Same Sex Marriage Debate

Posted on February 23, 2011
From the Baltimore Sun: The state senate has just one bill on its agenda Wednesday: The Religious Freedom and Civil Marriage Act. "We've cleared the desk," Senate President Thomas V. Mike Miller told senators Tuesday morning. "We have nothing else...

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Breast Pump Now Tax Deductible

Posted on February 22, 2011
From Yahoo! News: WASHINGTON ? The cost of breast pumps will now be considered tax-deductible medical expenses under a ruling issued by the Internal Revenue Service Thursday. The ruling, long sought by advocates, means that women will be able to...

Shulman: "Introduction to 'Who Owns the Soul of the Child?: Religious Parenting Rights and the Enfranchisement of the Child"

Posted on February 22, 2011
Jeffrey Shulman (Georgetown Univ. Law Center) has posted "Introduction to 'Who Owns the Soul of the Child?: Religious Parenting Rights and the Enfranchisement of the Child" on SSRN. Here is the abstract: At common law, and (for most of the...

Fight Styles Most Likely Leading to Divorce

Posted on February 21, 2011
From GoErie.com: It's reasonable to assume that couples who scream and throw things at each other are the most likely to eventually divorce. However, a study recently published by the University of Michigan reports that this is not necessarily the...

The Best Time to Serve Custody Documents?

Posted on February 20, 2011
From the Los Angeles Times: Magic guard Gilbert Arenas, a former star at Van Nuys Grant High and Arizona, got a surprise as he left the court at halftime on Thursday night in a game against the Miami Heat at...

Home-wrecking Oscar?

Posted on February 19, 2011
From ABC: It's easy to name stars who won the Oscar for Best Actress and went on to see their relationships go belly up. Joan Crawford, Bette Davis, Halle Berry, Hilary Swank, Reese Witherspoon, Kate Winslet and, of course last...

Affordable Divorces?

Posted on February 18, 2011
From The Los Angeles Times: It may seem unromantic, but just about the only people who are busier than florists this time of year are divorce attorneys. Whether it's because Valentine's Day forces couples to face romantic disappointments or because...

MS Bill on Abuse as Divorce Ground Fails

Posted on February 18, 2011
From the AP: The Mississippi House has defeated a bill that would have given a spouse grounds for divorce if they have been away from an abusive situation for five years or longer. The Commercial Appeal reports that the bill...

Millionaire Divorces Skew UK Law

Posted on February 17, 2011
From Bloomberg Businessweek: Jan. 28 (Bloomberg) -- A British millionaire was ordered to increase his ex-wife?s payout to 8 million pounds ($12.7 million) from 5 million pounds in a case where a judge said divorces involving rich couples are having...

Varona: "Taking Initatives: Reconciling Race, Religion, Media and Democracy in the Quest for Marriage Equality"

Posted on February 17, 2011
Anthona Varona (American University Washington College of Law) has posted "Taking Initiatives: Reconciling Race, Religion, Media and Democracy in the Quest for Marriage Equality" (19 Columb. J. Gender & Law 805 (2010)) on SSRN. Here is the abstract: Election Days...

South Dakota Surrogacy Legislation Fails

Posted on February 16, 2011
From the Associated Press: A measure that would have outlawed surrogacy birth arrangements in South Dakota was defeated Monday by a state House panel. The Judiciary Committee voted 9-3 to reject the measure after even its main sponsor said the...

Civil Union in Hawaii

Posted on February 15, 2011
From UPI.com: HONOLULU, Feb. 12 (UPI) -- The Hawaii House voted 31-19 Friday to legalize civil unions for gay and heterosexual couples in the island state. ... The House version incorporated changes recommended by the state attorney general's office, including...

Newborn Genetic Testing in Kansas

Posted on February 15, 2011
From CJOnline.com: A bill introduced in the Kansas House would require every newborn in the state to be genetically tested to identify the child?s father. State Rep. Melody McCray Miller, a Democrat from Wichita, says the bill is intended to...

Higdon: "Fatherhood by Conscription: Nonconsensual Insemination and the Duty of Child Support:

Posted on February 15, 2011
Michael Higdon (Univ. of Tennessee College of Law) has posted "Fatherhood by Conscription: Nonconsensual Insemination and the Duty of Child Support" on SSRN. Here is the abstract: Nathaniel, was a California teenager who became a father in 1995. The mother...

Lee & Solon: "The Fragility of Estimated Effects of Unilateral Divorce Laws on Divorce Rates"

Posted on February 15, 2011
Jin Young Lee & Gary Solon (Michigan State University; National Bureau of Economic Research) have posted "The Fragility of Estimated Effects of Unilateral Divorce Laws on Divorce Rates" on SSRN. Here is the abstract? Following an influential article by Friedberg...

Happy Valentine's Day...

Posted on February 14, 2011
...on what must be family law's favorite holiday, if it had one. MR

Lebron: "Why to Abolish Civil Marriage?: Family-Normativity & the Reified Legal Regulation of Family"

Posted on February 13, 2011
Anibal Rosario Lebron (Hofstra Univ. School of Law) has posted "Why to Abolish Civil Marriage?: Family-Normativity & the Reified Legal Regulation of Family Arrangements" on SSRN. Here is the abstract: The family has been defined socially, legally, politically and philosophically...

Male Expiration Dates?!

Posted on February 12, 2011
From the New York Times: OF all the details surrounding Prince William's April marriage to his longtime girlfriend, Kate Middleton, few seem to have garnered as much attention as his rapidly receding hairline. ?You Can Leave Your Hat On? and...

Scharff & Herrick: "Navigating Emotional Currents in Collaborative Divorce: A Guide to Enlightened Team Practice"

Posted on February 11, 2011
The ABA is offering a new book entitled Navigating Emotional Currents in Collaborative Divorce: A Guide to Enlightened Team Practice by Kate Scharff, MSW & Lisa Herrick, Ph.D. Read about it here. MR

Ellman, Braver, & MacCoun: "Abstract Principles and Concrete Cases in Intuitive Lawmaking"

Posted on February 11, 2011
Ira Ellman (Arizona State Univ.College of Law), Sanford Braver (ASU Dept. of Psychology) & Robert MacCoun (UC Berkeley School of Law) have posted "Abstract Principles and Concrete Cases in Intuitive Lawmaking" (forthcoming Law & Human Behavior) on SSRN...

Hogue: "The Constitutional Obligation to Adjudicate Petitions for Same-Sex Divorce and the Dissolution of Civil Unions and Analogous Same-Sex Relationships: Prolegomenon to a Brief"

Posted on February 11, 2011
Lynn Hogue (Georgia State University College of Law) has posted "The Constitutional Obligation to Adjudicate Petitions for Same-Sex Divorce and the Dissolution of Civil Unions and Analogous Same-Sex Relationships: Prolegomenon to a Brief" (41 Cal. West...

Breger: "Against the Dilution of a Child's Voice in Court"

Posted on February 10, 2011
Melissa Breger (Albany Law School) has posted "Against the Dilution of a Child's Voice in Court" (20 Indiana Int'l & Comp. L. Rev. 2010) on SSRN. Here is the abstract: Children's voices have been diluted in the court system, as...

Cyber Hugs

Posted on February 10, 2011
From The Telegraph: Sensory equipment enabling people to share a hug across cyberspace has been in development for several years, and experts insist it will one day become part of everyday life. Adrian Cheok, associate professor at Singapore's Nanyang Technological...

I Want to Hold Your Hand...

Posted on February 09, 2011
From The Telegraph: Scientists have shown that holding the hand of a loved one can reduce their pain during times of distress. University of California revealed that, at least for women, the touch or sight of a partner seems to...

Shaken Baby Syndrome

Posted on February 08, 2011
The New York Times Magazine recently ran an interesting article on the shaken baby syndrome and the exent of its legitimacy, profiling a legal case regarding it in VA. Read it here. MR Hat Tip: EM

Symposium: "Divorcing the Multi-National Family"

Posted on February 08, 2011
The 2011 Family Law Symposium: Divorcing the Multi-National Family Friday, February 25, 2010 at 1:00 P.M. At the University of Oklahoma College of Law Bell Courtroom 300 Timberdell Road Norman, Oklahoma 73019 Presented by The Oklahoma Bar Association Family Law...

Nicola: "Family Law Exceptionalism in Comparative Law"

Posted on February 07, 2011
Fernanda Nicola (American Univ. Washington College of Law) has posted "Family Law Exceptionalism in Comparative Law" (58 American J. Comparative Law 777 (2010)) on SSRN. Here is the abstract: Today, family law is, to a surprising degree, at the center...

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