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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

Madoff Losses Not "Mutual Mistake" in Divorce Settlement

Posted on December 29, 2009
Business Week reports on an unsuccessful argument that a divorce settlement might be rescinded for mutual mistake relating to the Madoff scam. A judge says a prominent New York City lawyer can't recover money he paid in a divorce agreement...

Hanna: "Rethinking Consent in a 'Big Love' Way"

Posted on December 29, 2009
Cheryl Hanna (Vermont Law School) has posted Rethinking Consent in a 'Big Love' Way, Michigan Journal of Gender & Law (forthcoming), on SSRN. Here is the abstract: This paper is a working draft of an article that will be published...

Husband Intentionally Infects Wife with HIV

Posted on December 28, 2009
From Sky News: An HIV-positive man has confessed to injecting his blood into his sleeping wife and infecting her with the virus that can cause Aids, reports have said. It is believed the man wanted to give her the disease...

Guggenheim: "Texas Polygamy and Child Welfare"

Posted on December 28, 2009
Martin Guggenheim (NYU School of Law) has published "Texas Polygamy and Child Welfare," 46 Hous. L. Rev. 759-816 (2009). The abstract from SSRN: This article explains why the child welfare process was used in the 2008 San Angelo, Texas raid...

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Domestic Violence Peaks During Holidays

Posted on December 27, 2009
Unfortunately, the holiday season is not all cheer: A recent study by researchers at the University of California at Berkeley and UC San Diego documented police calls about partner violence, taking note of particular holidays. They found a 22-percent increase...

VA Family Law Firm Sponsors Dogs for Christmas

Posted on December 26, 2009
Kudos to the Virginia family law firm of Shoun, Bach, Walinsky & Curran, P.C. for sponsoring, as a holiday gift, 132 homeless dogs at the Friends of Homeless Animals of Northern Virginia for 3 months while they await their permanent...

AND HAPPY HOLIDAYS TO ALL! MR

Posted on December 25, 2009
AND HAPPY HOLIDAYS TO ALL! MR

New Seinfeld Series to Give Advice to Squabbling Spouses

Posted on December 24, 2009
Marriage is a sacred institution between a man and a woman?and entertainers, athletes and comedians, beginning on March 14, when Marriage Ref premieres on NBC. Tom Papa will host the new series from Jerry Seinfield. On it, a panel of...

Christmas Family Photos Barred on California Beach

Posted on December 24, 2009
You probably won?t be receiving a Christmas family photo card from a particular beach in California this holiday season: APTOS ? Howard "Boots" McGhee and his family felt like they had an encounter with the Grinch when they tried to...

Brazilian Custody Case Finally Resolved?

Posted on December 23, 2009
The latest on the case from CNN: It looks like the Brazilian relatives of a 9-year-old boy, caught in an international custody battle with the child's father, will not file any further appeals after the Brazilian Supreme Court ruled against...

Turkheimer: "Forfeiture after Giles: the relevance of 'domestic violence context'"

Posted on December 23, 2009
Deborah Tuerkheimer (DePaul University College of Law) has published "Forfeiture after Giles: the relevance of 'domestic violence context'." 13 Lewis & Clark L. Rev. 711-731 (2009). Here is the abstract from SSRN: This contribution to Lewis and Clark's symposium issue...

Slobogin & Fondacaro: "Juvenile Justice: The Fourth Option"

Posted on December 23, 2009
Christopher Slobogin (Vanderbilt University - School of Law) and Mark R. Fondacaro (University of Florida, Dept of Pysch and Levin College of Law) have posted 95 Juvenile Justice: The Fourth Option, Iowa L. Rev.__(2009), on SSRN. Here is the abstract:...

Only the Lonely

Posted on December 22, 2009
From CNN: New research suggests loneliness can actually travel from person to person, spreading up to three degrees of separation. That means if your neighbor?s cousin's friend is lonely, you may have a good chance of being lonely, too. However,...

Hendricks: ?Pregnancy, Equality, and U.S. Constitutional Law?

Posted on December 22, 2009
Jennifer S. Hendricks has posted a book chapter entitled ?Pregnancy, Equality, and U.S. Constitutional Law,? on SSRN. Here is the abstract: This chapter will be part of a collection on international feminist constitutionalism, forthcoming from Cambridge University Press...

20-Year-Old Son?s Incarceration Not Full Emancipating Event in Illinois

Posted on December 21, 2009
So held an Illinois Court of Appeals, determining that a 20-year-old son?s incarceration would not terminate his father?s obligation to contribute to his educational expenses. The case is Baumgartner v. Baumgartner, No. No. 109047 (Ill. App. Ct. 2009)...

Byrn and Ives: "Which Came First the Parent or the Child?"

Posted on December 21, 2009
Mary Patricia Byrn and Jenni Vainik Ives have posted, ""Which Came First the Parent or the Child?" Rutgers Law Journal (forthcoming), on SSRN. Here is the abstract: From the moment a child is born, she is a juridical person endowed...

Maravilla: "The other don't ask, don't tell: adultery under the Uniform Code of Military Justice after Lawrence v. Texas"

Posted on December 20, 2009
Christopher Maravilla has published "The other don't ask, don't tell: adultery under the Uniform Code of Military Justice after Lawrence v. Texas," 37 Cap. U. L. Rev. 659-680 (2009). Here is an excerpt: The U.S. military has a long standing...

Family Law Changes Planned in Ontario

Posted on December 19, 2009
From CBC News: Under the changes, people will have more access to legal advice from the outset, as well as to options like mediation, arbitration or collaborative law, which are much less combative than the court process. That will also...

Brazilian Court Orders Child Returned to NJ Father; Then Brazilian High Court Stays the Order

Posted on December 18, 2009
A New Jersey man embroiled in a long custody battle over his 9-year-old son living in Brazil has won custody of the child. A Brazilian federal court, in a closed session, ruled Wednesday that Sean Goldman should be returned to...

ABC's 20/20 to feature a segment on "Parental Alienation Syndrome" Friday night

Posted on December 18, 2009
Parental Alienation Syndrome to be highlighted on ABC?s 20/20 Posted by admin in Brainwashing ABC News? show 20/20 will be featuring a segment this Friday, with a brief appearance by Dr. Richard Warshak, the foremost author and psychologist on parental...

Hendricks: ?Contingent Equal Protection: Reaching for Equality After Ricci and PICS"

Posted on December 17, 2009
Jennifer S. Hendricks has posted ?Contingent Equal Protection: Reaching for Equality After Ricci and PICS,? 16 Michigan Journal of Gender & Law__, (2009), on SSRN. Here is the abstract: The Supreme Court's decision in Parents Involved in Community Schools v...

Same Sex Marriage Bill Approved by D.C. Council

Posted on December 17, 2009
The D.C. Council gave final approval Tuesday to a bill to legalize same-sex marriage, setting off a wave of excitement in the gay community even as opponents vow to continue the fight on Capitol Hill. The bill, approved by a...

Science?s Lessons for Parenting

Posted on December 16, 2009
This recent article in the Atlantic Monthly describes an emerging theory in behavioral science called, among other names, the ?orchid hypothesis.? This theory posits that the genes associated with ADHD, depression, and anti-social behavior can actually provide stability and success...

Epstein: "Romance is Dead: Mail Order Brides as Surrogate Corpses"

Posted on December 16, 2009
Daniel Epstein has published "Romance is Dead: Mail Order Brides as Surrogate Corpses," 17 Buff. J. Gender, L. & Soc. Pol'y 61 (2009). Here is an excerpt: The economic imbalance between the male purchaser and the foreign spouse serves as...

Increased Value of Husband's IRA Due to Community Efforts

Posted on December 15, 2009
The Arizona Court of Appeals recently disagreed with the family court that "[an] increase in value of [a husband's] IRA Accounts can be attributed solely to the inherent nature of the investments," determining that instead the increase was partially due...

Irish Court Grants Visitation to Sperm Donor

Posted on December 15, 2009
CBS News reports on a recent decision from the Irish supreme court: The Irish Supreme Court ruled Thursday that a gay man who donated his sperm to a lesbian couple should be permitted to see his 3-year-old son regularly -...

Flu Smallest Problem in this Swine Flu Shot Dispute

Posted on December 14, 2009
From the Associated Press: An estranged couple whose case was in family court Monday may be on the cutting edge of marital disputes. The issue: Whether their healthy, school-age daughter will be given the swine flu vaccine. Dad says yes;...

Genes Passed on Only Through Sperm May Limit Lifespan

Posted on December 14, 2009
Scientists working on mice have highlighted a specific gene that, although carried by both sexes, appears to be active only in males. They believe it allows males to grow bigger bodies - but at the expense of their longevity. The...

New York Times Article Highlights Problems Created by Lack of Regulation of Surrogacy

Posted on December 14, 2009
A front-page article in the Sunday December 13 issue of the New York Times highlighted various problems that have been created by the lack or regulation of surrogacy. Some states, like Texas, provide regulations for what needs to be done...

Johnson: "A Suggested Solution to the Problem of Intestate Succession in Non-Traditional Family Arrangements ? Taking the ?Adoption? (and the Inequity) Out of the Doctrine of ?Equitable Adoption?"

Posted on December 13, 2009
Irene Johnson (Pace University School of Law) has posted "A Suggested Solution to the Problem of Intestate Succession in Non-Traditional Family Arrangements ? Taking the ?Adoption? (and the Inequity) Out of the Doctrine of ?Equitable Adoption?" on SSRN...

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