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Important Developments in Family Law

Important Developments in Family Law
Author: University of Missouri--Columbia. School of Law
Publisher:
Total Pages: 162
Release: 1997
Genre: Custody of children
ISBN:

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Contemporary Family Law

Contemporary Family Law
Author: Douglas Abrams
Publisher: West Academic Publishing
Total Pages: 0
Release: 2023-07-06
Genre:
ISBN: 9781642428605

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This popular family law casebook engages students by presenting core family law doctrine while exploring significant transformations in American families and cutting-edge policy debates. It highlights the important role of constitutional law--and other areas of state and federal law--in shaping family law. The book invites students to consider questions of family definition and governmental regulation of families in light of family law's purposes. It charts family law's evolving approach to adult-adult and parent-child (and other caretaker-dependent) relationships, emphasizing that contemporary families take a variety of forms. The Sixth Edition updates all chapters to reflect the latest family law developments, such as the legal treatment of nonmarital families (including plural relationships) and nonbiological parenting as well as recent Supreme Court decisions. It integrates material previously covered in separate chapters on ethical issues in family law practice and jurisdiction into the contexts in which they arise, such as divorce, child custody, and division of marital property. The Sixth Edition has new material highlighting the intersection of family law with race, gender, class, immigration, sexual orientation, and gender identity. As with previous editions, the casebook contains ample problems for students to apply doctrine to realistic factual contexts and highlights practical dynamics of family law practice. The 6th edition: Thoroughly examines the impact of recent Supreme Court cases on family law, including Dobbs v. Jackson Women's Health Organization (and provides teachers with shorter and longer versions of that case), and Golan v. Saada Includes attention to the role of race and racism in laws that shape and regulate the family, with case law addressing marriage, divorce, and inheritance rights of formerly enslaved persons and a post-Loving v. Virginia case challenging the continued requirement that couples disclose race on a marriage license Provides a restructured chapter on the legal consequences of marriage, spousal roles within marriage, and the gender revolution within family law and related fields Includes new developments on marriage requirements, including state minimum age laws and common-law marriage rules, and addresses First Amendment challenges, post-Masterpiece Cakeshop, to civil marriage equality and state antidiscrimination laws Includes new coverage of the intersection of immigration and family law Addresses changes in legal approaches to nonmarital families, including multi-adult domestic partnerships and the Uniform Cohabitants' Economic Remedies Act Provides updated treatment of custody and parenting time issues, including parenting gender-expansive children Provides a restructured chapter on intimate partner violence (IPV), including updates on various factors impacting IPV and shifting gun control statutes and caselaw affecting civil protection orders Provides new consideration of child support issues, including joint custody and subsequent families Provides revised problems in anticipation of the NextGen Bar Exam


Landmark Cases in Family Law

Landmark Cases in Family Law
Author: Stephen Gilmore
Publisher: Bloomsbury Publishing
Total Pages: 330
Release: 2011-07-01
Genre: Law
ISBN: 1847317871

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There are a number of important (landmark) cases in the development of Family Law in England and Wales that deserve detailed examination and lend themselves particularly well to historical examination. Family law cases tend to raise highly controversial issues, often on striking facts, frequently provoking wider social debate and/or extensive publicity. Consequently, the landmark cases chosen for this collection provide considerable scope, not only for doctrinal analysis and explanation of the importance and impact of the decisions, but also for in-depth examination of the social or policy developments that influenced them. The stories behind the cases provide a fascinating insight into the complexities of family life and the drama that can be found in the family courts. In recent years, Family Law has seen enormous changes in law's engagement with the notion of 'family', with the enactment, for example, of the Civil Partnership Act 2004, the Gender Recognition Act 2004 and, more recently, the Human Fertilisation and Embryology Act 2008. As we begin to move forward into the new millennium, this is an excellent time to engage in detailed analyses and 'stock-taking' of the landmark decisions, many of which were decided in the 1970s, and which have shaped modern Family Law. This book provides a series of in-depth studies of the key leading cases, and will be of interest to students and lecturers alike.


The Transformation of Family Law

The Transformation of Family Law
Author: Mary Ann Glendon
Publisher: University of Chicago Press
Total Pages: 336
Release: 1989
Genre: Law
ISBN: 0226299708

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Mary Ann Glendon offers a comparative and historical analysis of rapid and profound changes in the legal system beginning in the 1960s in England, France, West Germany, Sweden, and the United States, while bringing new and insightful interpretation and critical thought to bear on the explosion of legislation in the last decade. "Glendon is generally acknowledged to be the premier comparative law scholar in the area of family law. This volume, which offers an analytical survey of the changes in family law over the past twenty-five years, will burnish that reputation. Essential reading for anyone interested in evaluating the major changes that occurred in the law of the family. . . . [And] of serious interest to those in the social sciences as well."—James B. Boskey, Law Books in Review "Poses important questions and supplies rich detail."—Barbara Bennett Woodhouse, Texas Law Review "An impressive scholarly documentation of the legal changes that comprise the development of a conjugally-centered family system."—Debra Friedman, Contemporary Sociology "She has painted a portrait of the family in which we recognize not only ourselves but also unremembered ideological forefathers. . . . It sends our thoughts out into unexpected adventures."—Inga Markovits, Michigan Law Review


Contemporary Family Law

Contemporary Family Law
Author: Douglas E. Abrams
Publisher: West Academic Publishing
Total Pages: 1272
Release: 2020-06-09
Genre:
ISBN: 9781647085049

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This popular family law casebook engages students with the significant changes to the American family and the corresponding evolution of family law doctrine and policy. In the fifth edition, all 17 chapters are fully updated to reflect the latest family law developments, including ones that have occurred since Obergefell v. Hodges (2015). The book emphasizes that contemporary families take a variety of forms, including marital and nonmarital adult relationships, and that constitutional considerations play an increasingly important role in family law. The fifth edition preserves and builds on the approach of the earlier editions: presenting core substantive family law doctrine while also exploring ongoing and emerging policy debates and discussing the importance of cross-disciplinary collaborations with experts in fields such as psychology and accounting. A limited number of new cases replace older ones in most chapters, and the introductions to and notes and questions following each lead case, statute, or article have been thoroughly updated. In addition, problems for discussion in each chapter--including new and updated problems for this edition--enable students to apply doctrine in real-life settings that lawyers face. Contemporary Family Law also introduces the myriad issues central to family law practice and to a lawyer''s ethical and professional responsibilities. The book includes material on shifting paradigms in family law practice and the roles of family lawyers, and devotes separate chapters to professional ethics, alternative dispute resolution, and private ordering. The book addresses jurisdictional issues in one integrated chapter. In addition to providing a grounding in the historical and contemporary regulation of marriage, the book includes material throughout on the legal treatment of nonmarital couples and their children. The book also explores the diverse pathways to legal parentage and their impact on parent-child and co-parent relationships. Moreover, because child custody arrangements lead to some of the most acrimonious family disputes, this casebook devotes two chapters to custody: the first treats the initial custody decision, and the second explores continuing litigation concerning visitation, custody, and key childrearing decisions after the initial disposition, including disputes involving third parties such as cohabitants and grandparents. Both custody chapters include disputes involving nonmarital children. The fifth edition includes new and expanded material throughout, such as: Issues arising after Obergefell v. Hodges (2015), the Supreme Court''s decision on the fundamental right of same-sex couples to marry and to have every state recognize their marriage, and the decision''s ramifications throughout family law, including rules for entering marriage, parentage, domestic partnerships, civil unions, and other legal statuses. Changes in marriage regulation, including state bigamy and legal challenges to them and "child marriage," including legislative efforts to raise the minimum age of marriage, with examples of new legislation. Developments involving nonmarital couples, including Blumenthal v. Brewer''s affirmation of Illinois''s policy against allowing economic remedies for nonmarital couples. Changes in parentage law, including surrogacy legislation, the latest revision of the Uniform Parentage Act (2017), and the new Uniform Nonparent Custody and Visitation Act adopted in 2018. Extensive coverage of debt and family finances, new material drawn from numerous studies on the current economic climate (replacing the excerpt from Elizabeth Warren on bankruptcy), as well as new material on how the 2017 changes to federal tax law affect families; Discussion of Whole Woman''s Health v. Hellerstedt (S. Ct. 2016) and later developments in the courts and in state legislatures regulating access to abortion; New lead cases on moral fitness in custody adjudication and domestic violence in custody decisions with substantially revised notes; a new lead case on relocation by a custodial parent--here a male nurse--reflecting changes in the law in many jurisdictions; expanded notes on parental decisions involving transgender youth; and a new discussion of disputes over "custody" of animal companions, commonly known as pets. A full chapter containing updated materials about domestic violence and its harmful effects on marital and nonmarital households, and about intrafamily tort actions and family-related tort actions brought against family members by third persons. A full chapter on adoption, including the latest trends and practices in transracial adoption, international adoption by American parents, and adoption by same-sex couples. A fully updated chapter on the child support obligations of marital and non-marital parents.


Developments in Family Law

Developments in Family Law
Author: Orsolya Szeibert
Publisher:
Total Pages: 211
Release: 2018
Genre:
ISBN: 9789634891161

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This volume contains introductions to the main institutions of family law - primarily 'traditional' family law - in eleven European jurisdictfons. These reports were compiled, edited and published within the framework of a research project financed by the Ministry of justice of Hungary with the aim of enhancing the quality of legal education. This project has been realised through several_ sub-projects. One sub-project-dealing with the issues and regulations concerning the family and family members, as well as-family faw itself, providing consistent and up-to-date information according to the structure used in the reports in this collection - was performed in two dimensions, in a Hungarian and in a European context. The later one, called the 'Developments in Family Law - Year by Year' programme has resulted in a workshop and a database, which aims to build and maintain information concerning the regulations, key judgments and literature on family law in several European jurisdictions. In the first project year, the family law institutions of Belgium, Bulgaria, Croatia, Czechia, Hungary, Italy, Poland, Portugal, Romania, Slovenia and Spain were involved, with the research being undertaken by native family law experts in each case. The aim of 'Developments in Family Law - Year by Year' was to give an overview of the main sources of family law. Each report explores also some judgments of the national Supreme Court, Constitutional Court or upper courts of each country, which have significance in shaping family law and its interpretation by national family law institutions.


International Survey of Family Law 2006

International Survey of Family Law 2006
Author: Andrew Bainham
Publisher: Jordan Publishing (GB)
Total Pages: 528
Release: 2006
Genre: Law
ISBN: 9781846610172

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The International Survey of Family Law is the International Society of Family Law's annual review of developments in family law across the world. The 2006 edition covers developments in 27 countries written by leading academics and family law experts. Each article is accompanied by a French language abstract. The 2006 Review begins with a round-up of the major developments in the international arena, and is followed by contributions from a diverse selection of countries where there have been important developments in family law. The International Society of Family Law facilitates study and discussion by sponsoring and promoting international co-operation in research on family law topics worldwide. Table of contents include: The New Angolan Law on Children's and Juvenile Justice; Recent Developments in Family Law in Botswana: The Abolition of Marital Power Act; On Recent Developments to the Marital Property System of the People's Republic of China; Understanding Family Law and the Family Court System in Costa Rica; The Constitutional Court as Driver of Reforms in German Family Law; Progress and Retrogression on Domestic Violence Legislation in Ghana; The Dutch Family Law Chronicles: Continued Parenthood Notwithstanding Divorce; Legal Regulation of Adoption in Slovenia: Do We Need Changes?; Living in Sin in Paradise: Cohabitation in the South Pacific; Legislation on Forced Marriage and Intercountry Adoption; The Story of Adultery in Turkey; and Developments in the U.S.: The Struggle Over the Creation of a Status for Same-Sex Partners.


Contemporary Family Law

Contemporary Family Law
Author: Douglas E. Abrams
Publisher: Ingram
Total Pages: 0
Release: 2015
Genre: Domestic relations
ISBN: 9781628101652

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In the fourth edition, all 17 chapters are fully updated to reflect the latest family law developments. Developments based on Obergefell v. Hodges are treated fully throughout the new edition. This popular family law casebook engages students with the significant changes to the American family and the corresponding evolution of family law doctrine and policy. The book emphasizes that contemporary families take a variety of forms, including marital and nonmarital relationships, and that constitutional considerations play an increasingly important role in family law. The fourth edition preserves and builds on the approach of the earlier editions: presenting core substantive family law doctrine while also exploring ongoing and emerging policy debates and discussing the importance of cross-disciplinary collaborations with experts in fields such as psychology and accounting. The book introduces the myriad issues central to family law practice and to a lawyer''s ethical and professional responsibilities. New cases have been substituted where appropriate, and the notes following each lead case, statute or article have been thoroughly updated. In addition, new Problems expand the number of opportunities for actively engaging students. Contemporary Family Law highlights the issues of professional and ethical responsibility that arise in family law, not only by using Problems that invite students to engage in role playing, but also by devoting separate chapters to legal ethics, alternative dispute resolution, and private ordering. While providing a grounding in the historical and contemporary regulation of marriage, the book also devotes chapters to nonmarital couples and to establishing parenthood. The book also emphasizes concrete aspects of legal practice and professional responsibility by, for example, including material at the end of the first chapter on shifting paradigms within family law practice and the roles of family lawyers, by addressing jurisdictional issues in one integrated chapter, and by presenting problems for discussion in each chapter that enable students to apply doctrine in real-life settings that lawyers face. Moreover, because child custody arrangements lead to some of the most acrimonious family disputes, this casebook devotes two chapters to custody: the first treats the initial custody decision, and the second explores continuing litigation concerning visitation, custody, and key childrearing decisions after the initial disposition, including disputes involving third parties such as cohabitants and grandparents. Both custody chapters include disputes involving nonmarital children. New and expanded material in the fourth edition includes full treatment of Obergefell v. Hodges (2015), the Supreme Court''s ruling on the fundamental right of same-sex couples to marry and to have every state recognize their marriage, and its ramifications throughout family law. This edition has added a separate chapter on nonmarital couples, including a section on domestic partnerships, civil unions, and other legal statuses in the wake of Obergefell; extensive coverage of debt and family finances, reflecting the current economic climate, as well as new material on how taxes affect families; substantially updated discussion of the impact of gender in child custody decisions and the current legal status of shared parenting; an expanded Section on the Hague Convention; detailed discussion of new and emerging reproductive technologies; and major revisions to the chapter on child support (including recent data on the central role of child support in low-income families). The chapter on private ordering integrates the new Uniform Premarital and Marital Agreements Act. Finally, the comprehensive 700-page teachers manual presents explanations and pedagogical strategies, including extended exercises, that will help new adopters design a rich course that meets their students'' needs and aspirations. For professors who have already used the book, the manual provides support on how to integrate new material into their existing lectures. The co-authors will share their Power Point slides with professors who adopt the book.


Caring for Families in Court

Caring for Families in Court
Author: Barbara A. Babb
Publisher: Routledge
Total Pages: 160
Release: 2019-01-15
Genre: Law
ISBN: 1134842619

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In many US courts and internationally, family law cases constitute almost half of the trial caseload. These matters include child abuse and neglect and juvenile delinquency, as well as divorce, custody, paternity, and other traditional family law issues. In this book, the authors argue that reforms to the family justice system are necessary to enable it to assist families and children effectively. The authors propose an approach that envisions the family court as a "care center," by blending existing theories surrounding court reform in family law with an ethic of care and narrative practice. Building on conceptual, procedural, and structural reforms of the past several decades, the authors define the concept of a unified family court created along interdisciplinary lines — a paradigm that is particularly well suited to inform the work of family courts. These prior reforms have contributed to enhancing the family justice system, as courts now can shape comprehensive outcomes designed to improve the lives of families and children by taking into account both their legal and non-legal needs. In doing so, courts can utilize each family’s story as a foundation to fashion a resolution of their unique issues. In the book, the authors aim to strengthen a court’s problem-solving capabilities by discussing how incorporating an ethic of care and appreciating the family narrative can add to the court’s effectiveness in responding to families and children. Creating the court as a care center, the authors conclude, should lie at the heart of how a family justice system operates. The authors are well-known figures in the area and have been involved in family court reform on both a US national and an international scale for many years.


Private Lives

Private Lives
Author: Lawrence Meir Friedman
Publisher: Harvard University Press
Total Pages: 254
Release: 2004
Genre: Law
ISBN: 9780674015623

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Drawing on many revealing and sometimes colorful court cases of the past two centuries, Private Lives offers a lively short history of the complexities of family law and family life--including the tensions between the laws on the books and contemporary arrangements for marriage, divorce, adoption, and child rearing.