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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

Nebraska's Safe Haven Law - Controversies

Posted on October 20, 2008
Nebraska's "safe-haven" law which allows parents to abandon children at hospitals without being prosecuted has been garnering lots of news. The reason? While other states have similar laws, other states also have an age-limit. Nebraska's law does not...

Juvenile Rights: Sex Offender for Nude Photos of Self?

Posted on October 13, 2008
An Ohio newspaper is reporting a 15 year old girl who may be adjudicated a sex offender and who has been charged with illegal use of a minor in nudity-oriented material, a second-degree felony; and possession of criminal tools, a...

Call for Papers -- University of Baltimore Second Annual Feminist Theory Conference

Posted on October 13, 2008
This call for papers seeks submissions for the University of Baltimore School of Law's Second Annual Feminist Legal Theory Conference, "Applied Feminism: How Feminist Legal Theory is Changing the Law." The conference will be held at the University of Baltimore...

Case Law development: Connecticut Supreme Court decides same-sex marriage case

Posted on October 10, 2008
The Connecticut Supreme Court has just released its opinion in the state same-sex marriage case, Kerrigan v. Commissioner of Public Health, SC 17716 (October 10, 2008), with three dissenting opinions. The Court held the state's opposite-sex marriage requirement UNCONSTITUTIONAL under...

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Case Law Development: Trial Court follows dissent to allow co-parent claim

Posted on October 08, 2008
According to LawProf Art Leonard: New York County Supreme Court Justice Harold B. Beeler has allowed NY Court of Appeals Chief Judge Judith Kaye's dissent in the 1991 case of Alison D. v. Virginia M. To guide his steps in...

News: Domestic Violence and Asylum

Posted on October 07, 2008
A press release from the CENTER FOR GENDER & REFUGEE STUDIES at UC-Hastings College of Law entitled " New Ruling by Attorney General Mukasey May Endanger Rights of Women Asylum Seekers." In a move that could change the course of...

Proposed Adoption Ban Opposed by Judges

Posted on October 07, 2008
Arkansas judges - - - well, a panel of 13 retired judges including retired justices from the state's highest court - - - said they are opposed to a ballot measure banning unmarried persons from becoming foster or adoptive parents....

Polygamy Scholarship

Posted on October 06, 2008
Polygamy is a "hot topic" in family law scholarship (as well as in the popular media). A few great looking articles with their SSRN abstracts: "'They Ain't Whites; They're Mormons': An Illustrated History of Polygamy as Race Treason" MARTHA M....

Secrecy in Child Welfare Questioned

Posted on October 05, 2008
Responding to a recent incident in which children were found dead in their adoptive mother's home, the Washington Post's Marc Fisher argues for "transparency" of child welfare records. (last visited by MIF 10-05-08)

Case Law Development: First Same-Sex Partner Custody Case in Montana

Posted on October 04, 2008
According to the Washington Blade, attorneys for both sides call it the first same-sex parental rights trial in Montana: A district judge on Monday ruled in favor of a Turah woman who sought parental rights to children adopted by her...

Adoption in Florida - continued

Posted on October 02, 2008
Florida's "homosexual" adoption ban, as codified in Florida Statute section 63.042, providing "No person eligible to adopt under this statute may adopt if that person is a homosexual," is again the subject of litigation. This time, it's a hearing in....

Call for Papers

Posted on September 29, 2008
Writing on Domestic Violence? Juvenile Justice? Sex Offenses? Focused on NYC? New York City Law Review: A Call for Papers The Legal System?s Response to Violence in New York City The New York City Law Review -- a student-run law...

Conference Announcement

Posted on September 27, 2008
The Center for Children, Law & Policy announces Child Centered Jurisprudence and Feminist Jurisprudence: Exploring The Connections And The Tensions Friday, November 14, 2008 @ the University of Houston Law Center View Conference Announcement Featured Speakers � Prof...

Scholarship: "Sex Offender Registration in Indian Country"

Posted on September 26, 2008
VIRGINIA DAVIS, National Congress of American Indians, and KEVIN K. WASHBURN, University of Arizona - James E. Rogers College of Law have authored "Sex Offender Registration in Indian Country" forthcoming in Ohio State Journal of Criminal Law. They have posted...

South Africa: Virginity Testing and the Constitution

Posted on September 26, 2008
From The Washington Post: The debate over virginity testing is an example of the clash common throughout Africa as governments try to regulate traditional practices that have long held sway, particularly in rural areas. Legal experts say the topic is...

Research Sources

Posted on September 17, 2008
Bibliographies - - - especially annotated ones - - - are a great source for professors for scholarship and teaching, as well as a great source for practitioners. Here are a few published in 2008: Nancy Levit, Family Law In...

CALL FOR PAPERS

Posted on September 17, 2008
Working on a paper about family law & feminist implications? CFP: Applied Feminism: How Feminist Legal Theory is Changing the Law This call for papers seeks submissions for the University of Baltimore School of Law?s Second Annual Feminist Legal Theory...

Texas FLDS Update: Ongoing Problems for State, Amidst Widespread Discovery Violations and Dismissal of "More Than Half" of Seized Children's Cases

Posted on September 16, 2008
Texas Child Protective Services "wants a do-over," according to the Deseret News. Employing a metaphor from the world of golf, a Texas Child Protective Services attorney admitted that the State had failed to provide discovery materials to lawyers for parents...

DC Foster Care Alleged In Contempt of Federal Court Order

Posted on September 13, 2008
Plaintiffs in LaShawn A. v. Fenty, the long-running federal court class-action case involving the District of Columbia's Child and Family Services Agency, have filed a contempt motion, alleging widespread violations of the Court's 1993 modified Final Order and 2007 Amended...

Red State/ Blue State Conference

Posted on September 12, 2008
The University of Missouri Kansas City School of Law is hosting ?Red State v. Blue State: The Judicial Role in an Era of Partisanship? and family law is taking center stage in the presentations. The program has been put together...

Case Law Development: Florida's "Homosexual" Adoption Ban

Posted on September 12, 2008
A Florida Circuit Court judge in Key West has allowed a gay man to adopt a child and has declared unconstitutional a portion of Florida Statute section 63.042 that provides "No person eligible to adopt under this statute may adopt...

This is news?: Money Matters in Marriage

Posted on September 10, 2008
From the New York Times (the financial section) is this insight: "Today, while most of us marry for romantic reasons, marriage at its core is still a financial union." The link to the article is here. In an article last...

Missouri Supreme Court Approves Collaborative Law Practice

Posted on September 09, 2008
The Missouri Supreme Court recently issued a formal ethics opinion approving collaborative law practice. Missouri joins the majority of states having addressed the issue. The formal opinion (one of only six issued since 1996) concluded that, as a type of...

Teen Pregnancy: Op Ed by Family Law Professors

Posted on September 05, 2008
An interesting op-ed by two Family Law Prof colleagues, June Carbone of University of Missouri-Kansas City and Naomi Cahn of George Washington University, in STLtoday.com, from St. Louis. Carbone and Cahn argue: Bristol Palin's pregnancy illustrates that there are many...

Case Law Development: New York court upholds Executive Order to recognize out-of-state same-sex marriages

Posted on September 03, 2008
A judge in New York has upheld the Executive Order of New York Governor David Paterson requiring government agencies to recognize same-sex marriages performed outside the state. The opinion in Golden v. Paterson is available as a pdf file here....

Case Law Development - Phillipines Supreme Court finds husband's homosexuality insufficient to declare marriage void

Posted on August 30, 2008
The Phillipines Supreme Court's 3rd Division, in a twenty page decision, reversed a lower court's ruling declaring an eleven year opposite-sex marriage void because of the husband's homosexuality. The Supreme Court found the trial court erred by only considering the...

Texas Drops 56 More Cases -- 253 Now Dismissed

Posted on August 29, 2008
According to the Deseret News (Utah), Texas has dropped 56 additional cases involving children taken from their homes at the FLDS Yearning For Zion ranch, raising to 253 the total number of cases dismissed. One child has been returned to...

Tribal Same-Sex Marriage Law

Posted on August 29, 2008
"Kitzen and Jeni Branting -- Kitzen legally took Jeni's last name three years ago -- signed up for the domestic partnership registry in their home state of Washington, but Kitzen Branting said getting married under tribal law means more to...

Racial Disparities in Maryland Foster Care and Nationwide

Posted on August 24, 2008
Advocates for Children and Youth (Maryland), reports here that "African-American children in Maryland are in out-of-home placement at 5.3 times the rate of white children, more than 50 percent higher than the national gap. African-American children are being removed from...

Texas Drops 150 FLDS Cases

Posted on August 23, 2008
Brooke Adams of the Salt Lake Tribune reports today that on Friday, August 22, Texas dropped 49 child abuse allegations involving children from the FLDS ranch. Texas now has asked for the dismissal of 150 cases, with 290 remaining pending....

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