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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

Impeachment of AG Over Same Sex Marriage Opinion?

Posted on April 06, 2010
The New York Times is reporting on the attempt of a Maryland state legislator to impeach the state attorney general for issuing an opinion saying that Maryland would recognize same sex marriages validly perfected elsewhere. Read more here. Am I...

Prenuptial Agreements in the Media

Posted on April 05, 2010
USA News recently had a very long article on prenuptial agreements, beginning with a skeptical look at some February 14 engagements: Let's face it: The afterglow of that Valentine's Day proposal often begins to dim as discussions of wedding details...

Maillard: "Rethinking Children as Property: The Complex Family"

Posted on April 05, 2010
Kevin Maillard (Syracuse University College of Law) has posted "Rethinking Children as Property: The Complex Family," on SSRN. Here is the abstract: Despite the collective view in law and social practice that it is intrinsically taboo to consider human beings...

Egg Donors and SAT Scores

Posted on April 04, 2010
A new report brings to light interesting data on parents' willingness to genetically trait select in the egg donation process. Would people shell out big bucks for offspring with preferred traits? Yes. They already do. The evidence comes from an...

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Lawyerless Divorces...

Posted on April 03, 2010
...might sound good to many. According to Catherine Jun of the Detroit News: Breaking up is hard to do ? especially in a recession. With depressed home values and a dicey job market, divorces in Metro Detroit are down, as...

Bermuda Family Law Backlogs

Posted on April 02, 2010
Backlogs in Bermuda family law cases may prompt a judicial change: From the Royal Gazette: There is a backlog of up to 5,000 family law cases in the Magistrates? Court, a seminar heard today. The figure was revealed by British...

Does Air Pollution Decrease the Success Rate of IVF?

Posted on April 02, 2010
A new study indicates that exposure to air pollution during any phase of the IVF process may have a negative impact on its success. One common pollutant -- nitrogen dioxide (NO2), largely produced by vehicle exhaust -- was consistently linked...

Lawsuits Against Popular Birth Control Maker

Posted on April 01, 2010
From InjuryBoard.com: Because of several serious -- and sometimes deadly -- side effects, thousands of women across the United States have filed lawsuits against the makers of popular birth control pills Yaz, Yasmin and Ocella. Because of the large number...

Ver Steegh: "Family Court Reform and ADR: Shifting Values and Expectations Transform the Divorce Process"

Posted on April 01, 2010
Nancy Ver Steegh (William Mitchell) has posted "Family Court Reform and ADR: Shifting Values and Expectations Transform the Divorce Process" (Family Law Quarterly, Vol. 42, No. 3) on SSRN. Here is the abstract: During the last fifty years, the process...

Eichner: ?The Supportive State: Families, Government and America?s Political Ideals?

Posted on March 31, 2010
Maxine Eichner (University of North Carolina at Chapel Hill--School of Law) has recently published The Supportive State: Families, Government and America's Political Ideals, Oxford University Press (forthcoming). The SSRN abstract is here: There is broad agreement among politicians and policymakers...

New York Court Declines to Impose a Constructive Trust in Girlfriend's Favor

Posted on March 31, 2010
Law.com discusses a New York trial court's rejection of constructive trust and unjust enrichment arguments to transfer any property interest from a New York ad-exec to his long-time girlfriend: A prominent advertising executive's alleged promises to support his longtime girlfriend...

Cianciarulo & David: ?Pulling the Trigger: Separation Violence as a Basis for Refugee Protection for Battered Women?

Posted on March 30, 2010
Marisa Silenzi Cianciarulo (Chapman University--School of Law) and Claudia David have posted Pulling the Trigger: Separation Violence as a Basis for Refugee Protection for Battered Women, 59 American University Law Review 337 (2009) on SSRN. Here is the abstract: For...

Tennessee Bill on Equal Physical Custody Drawing Attention

Posted on March 30, 2010
A bill pending in the Tennessee legislature to mandate equal sharing of a child's time with each parent (with few exceptions) is sparking serious debate between women's advocacy groups and fathers' rights groups. On one side is an alliance of...

Incarceration Does Not Toll Time Under IL Adoption Act

Posted on March 29, 2010
The Illinois Supreme Court, reversing the appellate court, recently held that, under the Adoption Act, the time for a parent to make reasonable progress toward return of child was not tolled by parent?s incarceration. The appellate court had held that...

Grossman: "Civil Rites: The Gay Marriage Controversy in Historical Perspective"

Posted on March 29, 2010
Joanna Grossman (Hofstra) has posted "Civil Rites: The Gay Marriage Controversy in Historical Perspective" (in Law, Society and History: Essays on Themes in the Legal History and Legal Sociology of Lawrence M. Friedman, Robert Gordon, ed., Cambridge University Press, 2010)...

Appell: "Controlling for Kin: Ghosts in the Postmodern Family"

Posted on March 28, 2010
Annette Appell (Washington Univ. St. Louis) has posted "Controlling for Kin: Ghosts in the Postmodern Family" (Wis. Women's L. J.) on SSRN. Here is the abstract: This Article illustrates a paradox in the regulation of families. On the one hand,...

Gender Selective Abortion on the Rise in India

Posted on March 27, 2010
From the Christian Science Monitor: ?[R]ecent research suggests gender selection abortion is on the rise. Actionaid and Canada's International Development Research Centre found in 2008 that in 4 of the 5 states surveyed?Punjab, Haryana, Madhya Pradesh, and Himachal Pradesh ?...

Calt: ?A., B. & C. v. Ireland: 'Europe's Roe v. Wade'??

Posted on March 26, 2010
Shannon K. Calt (Lewis & Clark Law School) has posted A., B. & C. v. Ireland: 'Europe's Roe v. Wade'?, Lewis & Clark Law Review (forthcoming) on SSRN. Here is the abstract: In Ireland, abortion is illegal. In 2005, three...

Maryland Judge Marries Alleged Domestic Violence Perpetrator and Victim

Posted on March 26, 2010
Advocates for abused women reacted with outrage Thursday after learning that a Baltimore County judge had enabled a 29-year-old man to be found not guilty of assault when he officiated at the marriage of the defendant and the woman he...

IL Child Support Enforcement Case

Posted on March 25, 2010
An Illinois appellate court recently held that it is error for a court to restrain the Department of Healthcare and Family Services from enforcing child support arrearage against a parent when the Department did not unequivocally agree to modification of...

Smith: "Gender Politics and the Same-Sex Marriage Debate in the United States"

Posted on March 25, 2010
Miriam Smith (York University) has posted "Gender Politics and the Same-Sex Marriage Debate in the United States" on SSRN. Here is the abstract: This paper explores policy and legal debates over same-sex marriage in the United States, focusing on the...

Model Parents in Theory, but Not Practice

Posted on March 24, 2010
A remarkable story from CNN: Seoul, South Korea (CNN)--Police have arrested a South Korean couple whose toddler starved to death while they were raising a virtual child online, authorities said. The couple fed their 3-month-old daughter once a day between...

Jury Awards $9 Million for Alienation of Affections

Posted on March 24, 2010
A North Carolina jury last week awarded a wife a $9 million judgment against her husband's mistress, a relatively rare alienation of affections award likely to be appealed. Cynthia Shackelford's story could have been no different than that of any...

"The Rise of Marriage Therapy"

Posted on March 23, 2010
Excellent article in The New Yorker yesterday about the marriage counseling industry and its origins: Marriage in America is in disarray, or so they say. Americans, among the marryingest people in the world, are also the divorcingest. Even during the...

Trinder, Firth, & Jenks: ??So Presumably Things Have Moved on Since Then?? the Management of Risk Allegations in Child Contact Dispute?

Posted on March 23, 2010
Liz Trinder, Alan Firth, & Christopher Jenks have posted ?So Presumably Things Have Moved on Since Then?? the Management of Risk Allegations in Child Contact Dispute, 24 International Journal of Law, Policy and the Family 29 (2010) on SSRN. Here...

CUNY Conference March 25-26

Posted on March 22, 2010
There is an interdisciplinary conference at the CUNY Grad Center coming up on March 25-26, entitled ?All in the Family?: Kinship and Community.? At the conference, check out Constitutional Law Prof Blog?s Ruthann Robson?s presentation of ?UnSettled,? which ?explores the...

British High Court Hears Landmark Prenup Case

Posted on March 22, 2010
England's highest court is hearing argument today in a case between a German paper industry heiress and her French ex-husband about the enforceability of a prenuptial agreement they signed in advance of their 1998 marriage. At stake in the legal...

Joslin: "Legal Regulation of Pregnancy and Childbirth"

Posted on March 21, 2010
Courtney Joslin (UC Davis School of Law) has posted "Legal Regulation of Pregnancy and Childbirth" (forthcoming "The Child: An Encyclopedic Companion") on SSRN. Here is the abstract: This piece, a short entry in The Child: An Encyclopedic Companion, examines the...

Sleep as the Next Feminist Issue?

Posted on March 20, 2010
Women who enjoy catching a couple of zzzzzz?s will be happy to see that they may be advancing women?s causes by doing so, as sleep has been classified as the next feminist issue. According to TimesOnline: Just as Virginia Woolf...

Suk: ?The Trajectory of Trauma: Bodies and Minds of Abortion Discourse?

Posted on March 19, 2010
Jeannie Suk (Harvard Law School) has posted The Trajectory of Trauma: Bodies and Minds of Abortion Discourse, 110 Columbia L. Rev.__ (forthcoming 2010). Here is the abstract: What is the legal import of emotional pain following a traumatic event? The...

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