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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

Probert: "Cohabitation: Current Legal Solutions"

Posted on November 27, 2009
Rebecca Probert (University of Warwick - School of Law) has posted Cohabitation: Current Legal Solutions, 316 Current Legal Problems__(forthcoming), on SSRN. Here is the abstract: This paper considers the arguments that have been advanced to justify giving cohabitants the same...

MR

Posted on November 26, 2009
MR

Delaying Divorce During Recession

Posted on November 25, 2009
The Washington Times reports on the growing phenomenon of decisions to delay divorce until the recession ends. In the reality of this recession, even couples who both want a divorce can get stuck in a dead marriage. Take Sheryl Schelin...

Braithwaite, Ivec, & Harris: "Seeking to Clarify Child Protection?s Regulatory Principles"

Posted on November 25, 2009
Valerie Braithwaite (Australian National University), Mary Ivec, and Nathan Harris (Australian National University) have posted Seeking to Clarify Child Protection?s Regulatory Principles, Communities, Children and Families Australia (2009), on SSRN. Here is the abstract: Child protection systems are expected to...

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New York Court Rejects "Social Abandonment" as Ground for Divorce

Posted on November 24, 2009
A New York court of appeals has rejected a wife's claim for divorce on grounds of "constructive abandonment" on grounds that "the husband refused to engage in social interaction with the wife by refusing to celebrate with her or acknowledge...

Love and Marriage Go Together Like a Horse and Carriage

Posted on November 24, 2009
Leah Ward Sears?retired chief justice of the Georgia Supreme Court, partner at the Atlanta office of Schiff Hardin, William Thomas Sears Distinguished Fellow in Family Law at the Institute for American Values, and visiting professor on family law issues at...

About Family Law Prof Blog

Posted on September 08, 2009
If you are interested in serving as an editor of Family Law Prof Blog for the Law Professor Blogs Network, please contact Paul Caron and Joe Hodnicki by email.

Maine Supreme Court Upholds Adoption of Adult Partner

Posted on July 27, 2009
Last week, in a long-running inheritance dispute, the Maine Supreme Court ruled that an adult adoption of a same-sex partner was legitimate. The dispute mostly surrounded a very large trust set up by one of the founders of IBM for...

Uniform Collaborative Law Act Approved by Uniform Law Commission

Posted on July 21, 2009
Family Law Prof Andrew Shepherd, of Hofstra Law School, reporter for the Uniform Collaborative Law Act, reports that the Uniform Law Commission voted to adopt the Act on July 15th at its meeting in Santa Fe. The Act recognizes collaborative...

New Book: Same Sex Marriage and Religious Liberty

Posted on July 21, 2009
ILaw Profs. Robin Fretwell Wilson, of Washington and Lee University, and Douglas Laycock, of the University of Michigan have published Same-Sex Marriage and Religious Liberty: Emerging Conflicts (Rowman & Littlefield 2008). According to their announcement of the book: This is...

Albany Law School Seeking Family Law Professor

Posted on July 17, 2009
Albany Law School seeks candidates for, among other positions, a full-time, tenure track position teaching courses in Family Law and other related subjects. Albany Law School offers a vibrant scholarly environment while fostering and developing excellence in teaching...

Call for Papers: AALS Section on Family & Juvenile Law

Posted on July 16, 2009
Section on Family and Juvenile Law Money, Intimacy, Law and the Contours of Inequality 2010 Annual Meeting New Orleans, LA Friday, January 8, 2010, 10:15 am-12:15 pm Increasingly, there is a call for restraint in or even abandonment of law's...

Resources for Following the Massachusetts DOMA case

Posted on July 10, 2009
Some useful resources as you prepare to teach the issues surrounding the State of Massachusetts' suit against the federal government challenging the Defense of Marriage Act: The act - 1 USC �7 and 28 USC �1738(c) The complaint - filed...

Family Law Prof on Custody of Michael Jackson's Children

Posted on July 01, 2009
University of Dayton Family Law Prof Pamela Laufer-Ukeles contends the nanny of Michael Jackson's children ought to have a legal claim for visitation or custodial rights to the pop star's children, but Grace Rwaramba's status as a paid caregiver will...

Marriage Stronger than Ever

Posted on June 29, 2009
The New York Times summarizes a range of studies on the impact of infidelity on marriage and concludes that most marriage whether these storms and that the marriage tie is stronger than ever in today's society.

Case Law Development: Rude Behavior of Attorney Tipped the Scales in Favor of Protective Order Against Client

Posted on June 27, 2009
In a good example of the lesson that rude or aggressive lawyering is not effective advocacy, a California trial court issued a protective order based on the aggressive conduct of examination by the defendant?s attorney. While the California Court of....

What New Family Law Attorneys Need To Know

Posted on June 27, 2009
At a conference on the Future of Family Law Education yesterday, a group of attorneys and mental health professionals were asked to advise the law professors present on what new lawyers need to know about family law. Here is a...

Case Law Update: Voluntary Acknowledgement Wins in Competing Presumptions of Paternity

Posted on June 23, 2009
In an extremely messy case involving dramatically differing stories from the parties and the intersection of four separate statutory provisions governing paternity, the California Court of Appeals held that a voluntary acknowledgment of paternity trumped the presumption created by holding...

Father's Day Facts

Posted on June 22, 2009
New York Times Magazine columnist Lisa Belkin compiled a list of facts about contemporary fathers that provides a nice snapshot of the changing roles of fathers. Her column notes that fathers are more involved in their children's education and more...

Recession and Divorce

Posted on June 19, 2009
While previous reports have noted that the recession may make divorce too expensive an option for some couples, the National Law Journal recently reports that high-end divorce attorneys are seeing an increase in their work despite the recession. The article...

Incarceration for HIV-Positive Pregnant Immigrant

Posted on June 19, 2009
An immigrant woman from Cameroon was arrested for allegedly having false immigration documents. Shortly after her arrest, she learned she was both pregnant and HIV positive. On May 14, 2009, a US District Court Judge extended Ms. Tuleh's sentence to....

Sham Divorces

Posted on June 18, 2009
Students sometimes come to the study of family law thinking that "no fault" divorce is the same as "on demand" divorce. These students need to be reminded of the necessity to prove "irreconcilable differences" or "irretrievable breakdown" in order to...

Case Law Development: Preference for "Traditional Family" Insufficient Justification for Removing Child from Foster Care Placement

Posted on June 16, 2009
The West Virginia Supreme Court, writing for the first time on the issue of the propriety of same-sex parenting, granted a writ of prohibition against a trial court's order to remove a foster child from the home of a lesbian...

Facebook & Divorce

Posted on June 15, 2009
Taking the time to address the use of electronic data in divorce in our classes and clinics is becoming increasingly important. A recent survey of American Academy of Matrimonial Lawyers members indicated that 88% had noted an increase in the...

Case Law Development: Parent has no Right to Read Scripture to Kindergarten Class

Posted on June 12, 2009
Mitchell H. Rubinstein at Adjunct Law Prof Blog notes the recent Third Circuit decision in Busch v. Marple Newton School District, No. 07-2967 (3d Cir. June 1, 2009), in which the Third Circuit held that a school district did not...

Case Law Development: Juvenile Curfew Held Unconstitutional

Posted on June 12, 2009
The New York Court of Appeals found that the City of Rochester's curfew conflicted with more general state law and with the constitution. The court found that provisions of the curfew that applied to minors under the age of 17...

Call for Papers - Collaborative Law

Posted on June 05, 2009
Hofstra Law Review has issued a call for papers for an upcoming special symposium issues on Collaborative Law and the Uniform Collaborative Law Act: Opportunities, Challenges, and Questions for the Future In addition to featuring the Uniform Collaborative Law Act,...

New Hampshire Allows Same-Sex Marriage

Posted on June 03, 2009
For an analysis, see Constitutional Law Professor Blog here. RR

Reactions to Murder of Doctor Tiller

Posted on June 02, 2009
One of the most difficult aspects of teaching family law is helping students to explore issues such as abortion, marriage, parenting and the like in a manner that advances understanding of the issues while also being prepared to be effective...

Stetson Family Law Professor Ruth Fleet Thurman Retires

Posted on May 29, 2009
On May 31, family law scholar Ruth Fleet Thurman will retire from her full-time position at Stetson University College of Law in Gulfport, Fla., leaving behind a legacy that began almost five decades ago. As her son began kindergarten in...

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