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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

Divorce Attorney Tells All

Posted on February 13, 2010
The book description is as follows: In this riveting memoir, one of the nation's best divorce lawyers opens decades of case files, exposing salacious stories that make fiction jealous. We all know the stereotypes of divorce: the cheating husband, the...

Catania: "Accounting to Ourselves for Ourselves: An Analysis of Adjudication in the Resolution of Child Custody Disputes"

Posted on February 13, 2010
Francis Catania Jr. (Widener University School of Law) has posted "Accounting to Ourselves for Ourselves: An Analysis of Adjudication in the Resolution of Child Custody Disputes," 71 Neb. L. Rev. 1228 (1992) on SSRN. Here is the abstract: The adjudicatory...

Find Your Match for Only $2,000 and a Few Cheek Cells

Posted on February 12, 2010
With Valentine's Day coming up, this dating service might become a hit. From the Washington Post: ScientificMatch subscribers are asked to send in a DNA sample --"just a cotton swab you rub on the inside of your mouth for a...

Male Fertility Problems Inherited?

Posted on February 12, 2010
A new study suggests that they may be, as male children born through at least one type of IVF carried more traits correlated to infertility than did their counterparts born naturally. Doctors have uncovered the first evidence that fathers of...

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IL Rules of Evidence Inapplicable to Best Interests Hearing Under Adoption Act

Posted on February 11, 2010
An Illinois appellate court recently held that the formal rules of evidence do not apply to the second step of the dispositional hearing under the Juvenile Court Act and the best interest hearing under the Adoption Act, which are functional...

A Better Way to Divide Community Property?

Posted on February 11, 2010
Who needs expensive lawyers and hours upon hours of judicial time to divide community property between wealthy spouses? Kate Walsh, star of the television show Private Practice (and formerly Grey's Anatomy), and her ex-husband have adopted a new approach to...

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

Posted on February 11, 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). Here is the...

Saints: 31, Colts: 17, Relationships: -14

Posted on February 10, 2010
The blogosphere has recently been abuzz regarding the negative portrayal of romantic relationships and family in the 2010 Super Bowl commercials. Critics point to the Dodge commercial featuring a beaten down husband with only a car saving him, as well...

Wright: "Guardianship for Your Own Good: Improving the Well-Being of Respondents and Wards"

Posted on February 10, 2010
Jennifer Wright (University of St. Thomas School of Law) has posted "Guardianship for Your Own Good: Improving the Well-Being of Respondents and Wards" on SSRN. Here is the abstract: Adult guardianship is a coercive exercise of the state?s power over...

Invest a Divorce Settlement...

Posted on February 10, 2010
...to avoid the dilemma facing Paul McCartney's ex-wife Heather Mills. From BankFiesta: According to multiple outlets, Heather Mills, ex-wife of Paul McCartney, has managed to burn through $54.5 million dollars in less than two years. Heather received the funds in...

7-Year-Old Brazilian Girl Lands Coveted Carnival Role of Sexy Muse

Posted on February 09, 2010
In child welfare matters, every family law system must carefully balance between excessively intervening given parental rights, and not intervening enough to protect children?s interests. This dilemma has most recently arisen in the Brazil, where a 7-year-old girl has been...

Sexless Year as Grounds for Divorce?

Posted on February 09, 2010
A Maryland lawmaker is backing legislation that would allow couples who have lived together but have not had sex for a year to skirt the state's one-year waiting period for no-fault divorce. Yes, you read that correctly. I thought it...

University Hired Housekeepers?

Posted on February 08, 2010
An article published last month in Nature asserts that married female scientists do more than twice the amount of housework than male scientists. This is to be expected given some of the showings in the family law literature. Unique, however,...

Prop 8 Trial Judge Reportedly Gay

Posted on February 08, 2010
The San Francisco Chronicle reported yesterday that the federal judge who will issue the much-anticipated decision in California's Prop 8 trial (which we have blogged about here, here, and here) is gay. Walker has declined to talk about anything involving...

If You Like Pina Coladas and Getting Caught in the Rain?

Posted on February 07, 2010
?oh, never mind, because any woman?s chances for love in China are nearly surefire, where the one-child policy will yield a 24M bride shortage by 2020. From CNN: Sex-specific abortions have led to a large male population born since the...

"8: The Mormon Proposition"

Posted on February 06, 2010
A controversial new documentary about the Mormon church's role in the passage of California's Proposition 8 recently premiered last weekend at the Sundance Film Festival. Using internal church documents and recordings of Mormon officials, and interviews with gay activists, political...

Reproductive Coercion as the New Domestic Violence

Posted on February 05, 2010
Newsweek reports on the increasing phenomenon of "reproductive coercion." This month, Miller published a study in the journal Contraception detailing "reproductive coercion," when the male partner pressures the other, through verbal threats, physical aggression, or birth-control sabotage, to become pregnant...

Dillard: "Future Children as Property" & "Valuing Having Children"

Posted on February 05, 2010
Carter Dillard (Loyola University New Orleans) has posted the following articles on SSRN: Future Children as Property, Duke Journal of Gender Law & Policy (forthcoming). Here is the abstract: Between Skinner v. Oklahoma and the advent of modern substantive due...

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

Posted on February 04, 2010
Jeannie Suk (Harvard Law School) has posted "The Trajectory of Trauma: Bodies and Minds of Abortion Discourse" (forthcoming Columbia L. Rev.) on SSRN. Here is the abstract: What is the legal import of emotional pain following a traumatic event? The...

Embryo Screening in UK

Posted on February 04, 2010
From UK?s TimesOnline: FERTILITY regulators have triggered a new row over designer babies by allowing doctors to destroy embryos affected by more than 100 genetic conditions, including many illnesses that are not life-threatening. ? The Human Fertilisation and Embryology Authority...

HIV-Positive Russian Woman Wins Custody

Posted on February 03, 2010
An HIV-positive Russian woman won custody of her younger brother, housed in an orphanage since their mother's death. The Supreme Court of the republic of Tatarstan ruled in Izambayeva's favor after she appealed the decision of a Kazan city court...

Can't Understand Your Baby? There's An App. for That

Posted on February 03, 2010
With the progress of technology, becoming and being a parent might soon all be done on autopilot: From Telegraph.co.uk: The Cry Translator app, which costs �17,99, is said by its designers to be 96 per cent accurate in interpreting cries...

Teen Pregnancies Up for First Time in a Decade

Posted on February 02, 2010
New data shows that, for the first time in a decade, both teen pregnancy and abortion rates have risen. "One of the nation's shining success stories of the past two decades is in danger of unraveling," said Sarah Brown of...

Child Trafficking in Haiti

Posted on February 02, 2010
Already, there have been reports over the weekend of child trafficking in Haiti following the earthquake. Ten Americans have been arrested on these suspicions, but they deny any wrongdoing. From Reuters: The suspects were detained at Malpasse, Haiti's main border...

Revisiting Baby M

Posted on February 01, 2010
Joanna Grossman (Hofstra University School of Law) has recently posted an excellent two-part commentary on whether the Baby M decision should survive, particularly in the context of a recent New Jersey case. The case involves two gay men who were...

Ryznar: "To Work, or Not to Work? The Immortal Tax Disincentives for Married Women"

Posted on February 01, 2010
Margaret Ryznar has recently published To Work, or Not to Work? The Immortal Tax Disincentives for Married Women, 13 Lewis & Clark L. Rev. 921 (2009). Here is the abstract: Among the most fundamental barriers to the aggressive participation of...

10 Weird Divorce Settlements

Posted on January 31, 2010
CNN recently covered 10 bizarre divorce settlements; they are worth a look. Included is Marvin Gaye?s story: Marvin Gaye was a tremendous singer, but he wasn't always so great at keeping track of his personal finances. He spent lavishly, which...

Tiefenbrun & Edwards: "Gendercide and the Cultural Context of Sex Trafficking in China"

Posted on January 30, 2010
Susan Tiefenbrun (Thomas Jefferson School of Law) & Christie J. Edwards (Thomas Jefferson School of Law) have posted Gendercide and the Cultural Context of Sex Trafficking in China, 32 Fordham International Law Journal 731 (2009), on SSRN. Here is the...

How Much is Your Marriage Certificate Worth?

Posted on January 30, 2010
An online bidder paid $70,800 for the original 1994 marriage certificate issued to Michael Jackson and Lisa Marie Presley. Read more here. AC

Elizabeth Gilbert on Marriage

Posted on January 29, 2010
For fans of Elizabeth Gilbert (author of Eat, Pray, Love), here?s a CNN interview with the writer on her new book Committed, which covers her view of marriage following a bitter divorce and (happy?) remarriage. We?ll be seeing a lot...

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