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Family Law Across Borders

Family Law Across Borders
Author: MELISSA A.. HALE KUCINSKI (BRUCE. COFFEE, MICHAEL S.)
Publisher: West Academic Publishing
Total Pages: 699
Release: 2021-07-16
Genre:
ISBN: 9781647084288

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This casebook provides a comprehensive, accessible, and up-to-date analysis of family law from comparative and private international law perspectives. It emphasizes the need to examine complex cross-border family situations by comparing legal systems and understanding the jurisdictional overlay, with a particular focus on the United States. The casebook addresses some of the most intimate and legally complicated situations in which cross-border families find themselves, including the validity of foreign marriages, simultaneous divorce proceedings in multiple countries, the changing law in creating families using adoption and assisted reproductive technology, and how to remedy an international parental child abduction. In addition, the book dives into the importance of judicial assistance treaties and laws when understanding the legal issues, including the necessity to have proper service in a foreign country, obtaining evidence overseas, and authenticating foreign public documents. This book is a superb companion for law students and practitioners alike, and can readily be used in a traditional theory-based class and in practicum courses. It provides substantive material for a course on International Family Law, or can supplement a course on Family Law, International Law, or Comparative Law.


Navigating International Family Law

Navigating International Family Law
Author:
Publisher: Aspatore Books
Total Pages: 0
Release: 2012
Genre: Conflict of laws
ISBN: 9780314286352

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International Family Law provides an authoritative, insider's perspective on the latest developments and trends affecting family law in foreign countries. Written by leading family law attorneys, this book guides the reader through important issues such as custody and support. From citizenship and immigration laws across the globe to the Hague Convention on the Civil Aspects of International Child Abduction, these experienced attorneys examine legislation affecting marriage and divorce in an international setting. These experts also discuss asset division, pre- and postnuptial agreements, and the various cultural differences and barriers that can affect family law outside of the United States. The different niches represented and the breadth of perspectives presented enable readers to get inside some of the great legal minds of today, as these experienced lawyers offer up their thoughts around the keys to success within this ever-changing field.


Sacrificing Families

Sacrificing Families
Author: Leisy J. Abrego
Publisher: Stanford University Press
Total Pages: 269
Release: 2014-02-05
Genre: Social Science
ISBN: 0804790574

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Widening global inequalities make it difficult for parents in developing nations to provide for their children, and both mothers and fathers often find that migration in search of higher wages is their only hope. Their dreams are straightforward: with more money, they can improve their children's lives. But the reality of their experiences is often harsh, and structural barriers—particularly those rooted in immigration policies and gender inequities—prevent many from reaching their economic goals. Sacrificing Families offers a first-hand look at Salvadoran transnational families, how the parents fare in the United States, and the experiences of the children back home. It captures the tragedy of these families' daily living arrangements, but also delves deeper to expose the structural context that creates and sustains patterns of inequality in their well-being. What prevents these parents from migrating with their children? What are these families' experiences with long-term separation? And why do some ultimately fare better than others? As free trade agreements expand and nation-states open doors widely for products and profits while closing them tightly for refugees and migrants, these transnational families are not only becoming more common, but they are living through lengthier separations. Leisy Abrego gives voice to these immigrants and their families and documents the inequalities across their experiences.


Borders of Belonging

Borders of Belonging
Author: Heide Castañeda
Publisher: Stanford University Press
Total Pages: 382
Release: 2019-02-26
Genre: Social Science
ISBN: 1503607925

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Borders of Belonging investigates a pressing but previously unexplored aspect of immigration in America—the impact of immigration policies and practices not only on undocumented migrants, but also on their family members, some of whom possess a form of legal status. Heide Castañeda reveals the trauma, distress, and inequalities that occur daily, alongside the stratification of particular family members' access to resources like education, employment, and health care. She also paints a vivid picture of the resilience, resistance, creative responses, and solidarity between parents and children, siblings, and other kin. Castañeda's innovative ethnography combines fieldwork with individuals and family groups to paint a full picture of the experiences of mixed-status families as they navigate the emotional, social, political, and medical difficulties that inevitably arise when at least one family member lacks legal status. Exposing the extreme conditions in the heavily-regulated U.S./Mexico borderlands, this book presents a portentous vision of how the further encroachment of immigration enforcement would affect millions of mixed-status families throughout the country.


Justice Across Borders

Justice Across Borders
Author: Jeffrey Davis
Publisher: Cambridge University Press
Total Pages: 298
Release: 2008-06-02
Genre: Political Science
ISBN: 1139472453

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This book studies the struggle to enforce international human rights law in federal courts. In 1980, a federal appeals court ruled that a Paraguayan family could sue a Paraguayan official under the Alien Tort Statute – a dormant provision of the 1789 Judiciary Act – for torture committed in Paraguay. Since then, courts have been wrestling with this step toward a universal approach to human rights law. Davis examines attempts by human rights groups to use the law to enforce human rights norms. He explains the separation of powers issues arising when victims sue the United States or when the United States intervenes to urge dismissal of a claim and analyses the controversies arising from attempts to hold foreign nations, foreign officials, and corporations liable under international human rights law. While Davis's analysis is driven by social science methods, its foundation is the dramatic human story from which these cases arise.


Kinship Across Borders

Kinship Across Borders
Author: Kristin E. Heyer
Publisher: Georgetown University Press
Total Pages: 210
Release: 2012-10-02
Genre: Political Science
ISBN: 158901930X

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The failure of current immigration policies in the United States has resulted in dire consequences: a significant increase in border deaths, a proliferation of smuggling networks, prolonged family separation, inhumane raids, a patchwork of local ordinances criminalizing activities of immigrants and those who harbor them, and the creation of an underclass--none of which are appropriate or just outcomes for those holding Christian commitments. Heyer analyzes immigration in the context of fundamental Christian beliefs about the human person, sin, family life, and global solidarity to illuminate the plight of and receptivity to undocumented immigrants in this country, particularly immigrants from Mexico. She demonstrates how current US immigration policies reflect harmful neoliberal economic priorities, and why immigration cannot be reduced to security or legal issues alone; rather, immigration involves a broad array of economic issues, trade policies, concerns of cultural tolerance and criminal justice, and, at root, an understanding of the human person. Grounded in scriptural, anthropological, and social teachings, a Christian ethic of immigration calls society to promote structures and practices reflecting kinship and justice. The person-centered approach Heyer proposes demands basic changes to systems and rhetoric that abet and disguise immigrants' exploitation and death, requiring enhanced human rights protections and respect for the rule of law. Central to this ethic is attentiveness to the lived experiences of immigrants and a theologically inspired summons to "subversive hospitality."


Routledge Handbook of Family Law and Policy

Routledge Handbook of Family Law and Policy
Author: John Eekelaar
Publisher: Routledge
Total Pages: 548
Release: 2020-07-26
Genre: Law
ISBN: 1000096505

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Changes in family structures, demographics, social attitudes and economic policies over the last 60 years have had a large impact on family lives and correspondingly on family law. The Second Edition of this Handbook draws upon recent developments to provide a comprehensive and up-to-date global perspective on the policy challenges facing family law and policy round the world. The chapters apply legal, sociological, demographic and social work research to explore the most significant issues that have been commanding the attention of family law policymakers in recent years. Featuring contributions from renowned global experts, the book draws on multiple jurisdictions and offers comparative analysis across a range of countries. The book addresses a range of issues, including the role of the state in supporting families and protecting the vulnerable, children’s rights and parental authority, sexual orientation, same-sex unions and gender in family law, and the status of marriage and other forms of adult relationships. It also focuses on divorce and separation and their consequences, the relationship between civil law and the law of minority groups, refugees and migrants and the movement of family members between jurisdictions along with assisted conception, surrogacy and adoption. This advanced-level reference work will be essential reading for students, researchers and scholars of family law and social policy as well as policymakers in the field.


Legalized Families in the Era of Bordered Globalization

Legalized Families in the Era of Bordered Globalization
Author: Daphna Hacker
Publisher: Cambridge University Press
Total Pages: 0
Release: 2017-08-18
Genre: Law
ISBN: 9781316508213

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Providing a panoramic and interdisciplinary perspective, this book explores the interrelations between globalization, borders, families and the law. It considers the role of international, multi-national and religious laws in shaping the lives of the millions of families that are affected by the opportunities and challenges created by globalization, and the ongoing resilience of national borders and cultural boundaries. Examining familial life-span stages - establishing spousal relations, raising children and being cared for in old age - Hacker demonstrates the fruitfulness in studying families beyond the borders of national family law, and highlights the relevance of immigration and citizenship law, public and private international law and other branches of law. This book provides a rich empirical description of families in our era. It is relevant not only to legal scholars and practitioners but also to scholars and students within the sociology of the family, globalization studies, border studies, immigration studies and gender studies.


Adoption Beyond Borders

Adoption Beyond Borders
Author: Rebecca J. Compton
Publisher: Oxford University Press
Total Pages: 240
Release: 2016-02-15
Genre: Psychology
ISBN: 0190247819

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International adoptions have decreased dramatically in the last decade, despite robust evidence of the tremendous benefits that early placement in adoptive families can confer upon children who are not able to remain with birth families. Adoption Beyond Borders integrates evidence from a range of disciplines in the social and biological sciences-- including psychology, neuroscience, evolutionary biology, sociology, anthropology, and social work -- to provide a ringing endorsement of international adoption as a viable child welfare option. The author interweaves narrative accounts of her own adoption journey, which involved visiting a Kazakhstani orphanage daily for nearly a year, to illustrate the complexities and implications of the research evidence. Topics include: the effects of institutionalization on children's developing brains, cognitive abilities, and socio-emotional functioning; the challenges of navigating issues of identity when adopting across national, cultural, and racial lines; the strong emotional bonds that form even without genetic relatedness; and the methods in which adoptive families can address the special needs of children who experienced early neglect and deprivation, thereby providing a supportive environment in which those children can flourish. Striving to attain a balanced, evidence-based perspective on controversial issues, Adoption Beyond Borders argues that international adoption must be maintained and supported as a vital means of promoting international child welfare.