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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

Black Community Crucial in D.C. Gay Marriage Debate

Posted on March 02, 2010
Gay and lesbian couples will soon be able to marry in Washington, but the debate over same-sex marriage has sounded different here, with references to interracial marriage and Martin Luther King. Over the past year, both sides have courted the...

Anticipatory Neglect in IL

Posted on March 02, 2010
An Illinois appellate court recently upheld the application of ?anticipatory neglect? in regard to the Respondent mother. Accordingly, because Respondent?s previous 7 children were determined to be neglected between 1997 and 2006, with her parental rights being terminated in regards...

Special Wedding Guest: A Phlebotomist

Posted on March 01, 2010
A scientist who recently married had her blood, and several guests? blood, tested at the wedding for levels of the hormone oxytocin, dubbed the ?cuddle chemical? for its role in promoting bonding, trust, and generosity. In NewScientist, she writes: I...

Green: "Currency of Love: Customary International Law and the Battle for Same ?Sex Marriage in the United States"

Posted on March 01, 2010
Sonia Bychkov Green (The John Marshall Law School) has posted "Currency of Love: Customary International Law and the Battle for Same ?Sex Marriage in the United States" on SSRN. Here is the abstract: The battle for same-sex marriage is likely...

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Teaching Lessons from Teach for America

Posted on February 28, 2010
The Atlantic has a great article about Teach for America (TFA), which aims to end educational inequity by recruiting recent college graduates to teach in low-income schools for 2 years. According to the Atlantic article: Until now, Teach for American...

Oregon Child Advocacy Project Conference

Posted on February 27, 2010
Registration is now open for the 2010 Oregon Child Advocacy Project Conference: Protecting Children?s Interests, Hearing Children?s Voices: The Dilemmas of Advocacy When are children entitled to an attorney? When is a child's waiver of counsel valid? Should a lawyer...

Mother Seeks Surrogate to Give Birth to Child Created From Dead Son's Sperm

Posted on February 26, 2010
A Texas mother is seeking an egg donor and/or surrogate to give birth to a baby using the sperm of her son, whose sperm was extracted after he died from a gunshot wound last year. But now his mother is...

Easteal: ?Marriage-Like Relationships: Can Battered Woman Syndrome or Reality Be Pleaded in Social Security Law??

Posted on February 26, 2010
Patricia L. Easteal (University of Canberra) recently published Marriage-Like Relationships: Can Battered Woman Syndrome or Reality Be Pleaded in Social Security Law?, 34 Alternative Law Journal 174 (2009). Here is the abstract: The effects of living in domestic violence upon...

Oklahoma Bill to Ban Common Law Marriage Moves Forward

Posted on February 25, 2010
A bill pending in the Oklahoma legislature that would ban recognition of common law marriage and require couples to complete two hours premarital counseling has passed House committee and is now pending before the full house. Read more here. AC

Recent Case on Parental Rights in IL

Posted on February 24, 2010
An Illinois trial court recently found a Respondent father unfit, detemining that the child?s best interests required the termination of Respondent?s parental rights. The appellate court affirmed, determining, first, that the trial court was not prohibited from finding the Respondent...

Mom Pleads for Public Help in Locating Child at Center of Custody Battle

Posted on February 24, 2010
The battle between former lesbian partners Lisa Miller and Janet Jenkins for custody of a child born to Miller through IVF while the two were involved in an intimate relationship still rages, with Jenkins now publicly pleading for help in...

Chichilnisky: ?Gender Pay Gap?

Posted on February 23, 2010
Graciela Chichilnisky (Columbia University) has posted Gender Pay Gap, International Journal of Green Economics (2009) on SSRN. Here is the abstract: We discuss the special role of women in Green Economics. The article explains the origins of the gender pay...

Ruling in White Supremacist Custody Case in Canada

Posted on February 23, 2010
A Canadian judge has ruled that two children of a father with white supremacist beliefes will remain permanent words of Child and Family Services. The children were first apprehended by CFS after white supremacist markings were found drawn on the...

Previous Nebraska Safe Haven Law Blunder

Posted on February 22, 2010
State safe haven laws allow parents to anonymously, and without penalty, abandon very young children at designated public locations for the purpose of adoption. There are often certain limitations on this legalized form of parental abandonment: 1) the child must...

Secret Divorce

Posted on February 22, 2010
Read the story here of an indicted city council member from New York who obtained a judgment of divorce and kept it a secret from his wife for 7 years! AC

Approval of Altruistic Surrogacy throughout Australia

Posted on February 21, 2010
Queensland Parliament [on February 11, 2010] decriminalised altruistic surrogacy - whereby another woman has a baby for no payment - bringing the state into line with the rest of Australia. The law extends to same-sex couples after Opposition attempts to...

Academia & Marriage Go Together Like a Horse & Carriage

Posted on February 20, 2010
Kevin Maillard at the Faculty Lounge blog had an interesting post last month on marriage in academia, which notes that professors are more likely to be married than the average American. The figures are: 2001 Married Single American public 57%...

Don't Bring Around a Cloud to Rain on My Parade, I Can Do It Myself?

Posted on February 19, 2010
We have previously blogged here about the concerns regarding the appropriateness of having a 7-year-old samba carnival queen fulfill a traditionally sexy role in Brazil. Well, a family court chose not to intervene and she did indeed perform, but only...

5th Circuit Rules in Unmarried Parent Adoption Case

Posted on February 19, 2010
In a landmark decision published yesterday, the United States Court of Appeals for the Fifth Circuit ruled that Louisiana is required to list two fathers on the birth certificate of their adopted child. The two men adopted the Louisiana-born child...

IL Hearsay Rule Tested by Drew Peterson

Posted on February 18, 2010
From Law.com: Drew Peterson, the former Bolingbrook, Ill., cop now accused of killing his third wife and a suspect in the disappearance of his fourth wife, will have an opportunity to respond this week to the hearsay evidence presented against...

Marrying Young as the #1 Predictor of Divorce?

Posted on February 18, 2010
The Wall Street Journal recently ran a piece on "early marriage," which some interesting statistics about divorce rates: First, let's take a closer look at that term "early marriage." While it's true that teenage marriages are a significant predictor of...

Super Bowl Commercial for Next Year

Posted on February 17, 2010
We?ve blogged here about the super bowl Dodge commercial that had a skeptical view of marriage from the husbands? perspective. Well, now there?s a spoof from the wives? perspective: view it here. MR

Garoupa, Jorgensen & Vazquez: "Assessing the Argument for Specialized Courts: Evidence from Family Courts in Spain"

Posted on February 17, 2010
Nuno Garoupa (University of Illinois College of Law), Natalia Jorgensen (Foundation for Applied Economic Research) & Pablo Vazquez (Foundation for Applied Economic Research) have posted "Assessing the Argument for Specialized Courts: Evidence from Family Courts in Spain" on SSRN...

Sweetie, Can You Change Na?vi Tsu?tey?s Diaper?

Posted on February 16, 2010
Apparently, you might overhear this more often as people name their children after the characters in film blockbuster Avatar. Read more here. MR

Ratner: "But from Where Will the Money Come? Community Property Liability for Child Support and Other Premarital Obligations"

Posted on February 16, 2010
James Ratner (University of Arizona) has posted "But from Where Will the Money Come? Community Property Liability for Child Support and Other Premarital Obligations" on SSRN. Here is the abstract: Marital debt is normal, but confusing. In some community property...

Are We Having Fun Yet?

Posted on February 15, 2010
The winter weather in DC has created plenty of family fun time: From the Wall Street Journal: WASHINGTON?The most powerful people in Washington, D.C., this week were demanding another juice box and a Sesame Street video. The one-two snow punch...

The Effectiveness of Abstinence Education

Posted on February 15, 2010
The debate rages on about the effectiveness of abstinence-only education in delaying the start of sexual activity in adolescents. In December, a new study (using federal data) suggested that abstinence education may actually have a negative effect. From the Washington...

Happy Valentine's Day...

Posted on February 14, 2010
...on what must be Family Law's favorite holiday. MR

Fournier: ?Flirting with God in Western Secular Courts: Mahr in the West?

Posted on February 14, 2010
Pascale Fournier has posted Flirting with God in Western Secular Courts: Mahr in the West, 4 International Journal of Law, Policy and the Family 67 (2010) on SSRN. Here is the abstract: Through the journey of one symbolic legal institution...

Fournier: ?Flirting with God in Western Secular Courts: Mahr in the West?

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