This guide is provided to assist patrons with family law research questions. There are sections specifically aimed toward Practitioners, Self-Help or Pro Se individuals, and Students. There is also a section that lists specific topics of interest to famil
A favorite classroom prep tool of successful students that is often recommended by professors, the Examples & Explanations (E&E) series provides an alternative perspective to help you understand your casebook and in-class lectures. Each E&E offers hypothetical questions complemented by detailed explanations that allow you to test your knowledge of the topics in your courses and compare your own analysis. Here's why you need an E&E to help you study throughout the semester: Clear explanations of each class topic, in a conversational, funny style. Features hypotheticals similar to those presented in class, with corresponding analysis so you can use them during the semester to test your understanding, and again at exam time to help you review. It offers coverage that works with ALL the major casebooks, and suits any class on a given topic. The Examples & Explanations series has been ranked the most popular study aid among law students because it is equally as helpful from the first day of class through the final exam.
Few areas of law practice cover as many issues as family law. The subject embraces marriage and divorce, annulment, custody of children, spousal and child support, complex property issues, paternity, domestic violence, adoption, and alternative means of reproduction. Each of these topics itself is complex. For example, within the broad subject of child custody lie the issues of interstate move away cases, international parental child abduction, and the impact of domestic violence on a parent's right to custody or visitation. In addition to purely legal issues, family law has a large psychological component, touching on some of the most important and sensitive aspects of human nature and interaction, such as, what is a family, what are the rights and responsibilities of parents toward children, and how should society respond to child abuse and domestic violence? All of these issues, and more, are discussed in this Nutshell. The book provides a thorough introduction to this challenging field of practice.
As with the previous three editions, this book offers an interested reader insights into the ever-changing parameters of family law. Recent approaches to nonmarital cohabitations are discussed, premarital and marital agreements, surrogacy and assisted reproduction in the context of the 2017 Uniform Parentage Age, and the evolution of same-sex marriage after Obergefell v. Hodges. The division of marital property and the presumptive status of child support formulae are discussed, as is federal expansive control over collection procedures. Recent cases and federal and state statutes are provided as illustration and the best interests of the child are defined through cases illustrating custody, termination of parental rights, and the possibility of adoption. The book seeks to provide the reader with a grasp of what is currently the law and provide a glimpse into where the law may be going.
Mastering Family Law helps students understand the basic principles and underlying policies of the topics covered in a general family law course. The content in this book is drawn from the table of contents of all the major family law teaching texts and includes all of the major topics covered in those texts. Consequently, a student will find this book a helpful supplement to any family law casebook. The book includes traditional family law topics such as marriage and divorce, but also covers child law topics such as the constitutional rights of parents and the definition of parents, among others.
Understanding Family Law includes comprehensive coverage of topics such as traditional and nontraditional families, nonmarital and postmarital contracts, annulment, paternity and legitimacy, procreation rights, contraception, abortion, sterilization, artificially assisted conception, and adoption and termination of parental rights. This edition also includes references to 50 states surveys so the reader can find their local law quickly.
Contemporary Family Law is the first family law casebook entirely conceived and written in the twenty-first century. The text captures the rapid evolution of doctrine, introduces students to emerging policy debates, and explores issues that arise in family law practice including the importance of collaborating with professionals from other disciplines. The book emphasizes that families take a variety of forms, including marital and nonmarital relationships, and that constitutional considerations play an increasingly important role in family law. Contemporary Family Law includes several chapters that do not appear in most other family law casebooks. For example, it devotes separate chapters to lawyering, private ordering, and alternative dispute resolution.
This skills-infused coursebook introduces students to basic family law practice. Designed as a primary text for family law courses, it delves far beyond the foundational cases and doctrine, presenting drafting exercises, negotiation simulations, litigation simulations, and problems that situate students in practice and challenge them to do what lawyers really do. Unique for its teachability, this book facilitates efficient, skills-oriented instruction in large classes without requiring burdensome preparatory time.
Family Law, Sixth Edition is a modern and teachable casebook, offering comprehensive coverage and a mix of interdisciplinary materials. It compares innovative developments in some states with the reaffirmation of traditional principles in others, and does so in the context of a wider focus on family and the state, the role of mediating institutions, and the efficacy of law and particular methods of enforcing the law. The casebook deals with the complexity of family law both in the organization of the chapters--separate units on family contracts, jurisdiction, and practice, for example, can be shortened, skipped, or taught in almost any order--and the diversity of material within each chapter. Each unit combines primary cases with comprehensive notes, supplemented with academic and policy analyses that provide a foundation for evaluation. Detailed problems extend the coverage or apply the commentary to real world examples. Key Features: A streamlined and updated chapter on the legal significance of being married, including an updated section on reproductive rights to reflect the potential influence of Whole Woman's Health v. Hellersted Major revisions to the chapters on marriage and informal domestic partnerships to reflect the impact of Obergefell v. Hodges A complete update of the parentage cases to incorporate the latest developments on same-sex partners, three parent recognition, third party visitation, adoption, and assisted reproduction Revised sections on the role of settlement agreements and out-of-court processes in divorce and the dissolution of relationships Coverage of cross-disciplinary topics, including financial principles, genetics/statistics, clinical psychology, social history, policy discussions, counseling, negotiation, ADR, and ethics
This textbook uses cases in family law to illustrate both traditional philosophical problems in the law as well as problems that are unique to family law. In the beginning chapters, family law cases are employed to introduce the reader to philosophical debates about the relationship between law and morals, about how one ought to interpret the U.S. Constitution and its amendments, about the conditions under which individual liberty is justifiably limited by law, about the justification of punishment, and about the justification of remedies and standards of care in determining negligence in tort cases. Later chapters are devoted to contemporary issues unique to family law, including justifiable limits of access to marriage, alternatives to marriage, the rights of children, child custody disputes involving surrogate births, quasi-property disputes involving custody of frozen embryos, and the justifiable limits of the right not to procreate.
Like many beliefs, religious views matter across an individual's life and the life cycle of a family - from birth to marriage, through child-rearing, and, eventually, death. This volume examines clashes over religious liberty within the personal realm of the family. Against swirling religious beliefs, secular values, and legal regulation, this volume offers a forward-looking examination of tensions between religious freedom and the state's protective function. Contributors unpack some of the Court's recent decisions and explain how they set the stage for ongoing disputes. They evaluate religious claims around birth control, circumcision, modesty, religious education, marriage, polygamy, shared parenting, corporal punishment, faith healing, divorce, and the end of life. Authors span legislators, attorneys, academics, journalists, ministers, physicians, child advocates, and representatives of minority faiths. The Contested Place of Religion in Family Law begins an overdue conversation on questions dividing the nation.
Law scholar Tracy A. Thomas discusses Stanton's impact on modern-day feminism by analyzing her intellectual contributions to--and personal experiences with--family law. Stanton's work on family issues has been overshadowed by her work (especially with Susan B. Anthony) on women's suffrage. But throughout her fifty-year career, Stanton emphasized reform of the private sphere of the family as central to achieving women's equality. By weaving together law, feminist theory, and history, Thomas explores Stanton's little-examined philosophies on and proposals for women's equality in marriage, divorce, and family, and reveals that the campaigns for equal gender roles in the family that came to the fore in the 1960s and '70s had nineteenth-century roots. Using feminist legal theory as a lens to interpret Stanton's political, legal, and personal work on the family, Thomas argues that Stanton's positions on divorce, working mothers, domestic violence, childcare, and many other topics were strikingly progressive for her time, providing significant parallels from which to gauge the social and legal policy issues confronting women in marriage and the family today.
In the wake of vast social and economic changes, the nuclear family has lost its dominance, both as an ideal and in practice. Some welcome this shift, while others see civilization itself in peril—but few move beyond ideology to develop a nuanced understanding of how families function in society. Margaret F. Brinig draws on research from a variety of disciplines to offer a distinctive study of family dynamics and social policy. Concentrating on legal reform, Brinig examines a range of subjects, including cohabitation, custody, grandparent visitation, and domestic violence. Firmly grounded in empirical research, Family, Law, and Community argues that family policy can only be effective if it is guided by an understanding of the importance of social capital and the advantages held by families that accrue it.
Developments in the law, scholarship, and research since 2006 form a substantial part of the second edition of this book which sets the governance of personal relationships in the context of the exercise of social and personal power. Its central argument is that this power is counterbalancedby the presence of individual rights. This entails an analysis of the nature and deployment of rights, including human rights, and children's rights. Against that background, the book examines the values of friendship, truth, respect, and responsibility, and how the values of individualism co-existwith those of the community in an open society. It argues that central to these values is respecting the role of intimacy in personal relationships. In doing this, a variety of issues are examined, including the legal regulation of married and unmarried relationships, same-sex marriage, statesupervision over the inception and exercise of parenthood (including surrogacy and assisted reproductive technology), the role of fault and responsibility in divorce law, children's rights and welfare, religion and family rights, the rights of separated partners regarding property and of separatedparents regarding their children, and how states should respond to cultural diversity.
In Family Law in America, Professor Sanford N. Katz examines the present state of family law in America. Themes include the tension between individual autonomy and governmental regulation in all aspects of family law, the extent to which relationships established before marriage are being regulated and how marriage is being redefined to take into account equality of the sexes, and the legal recognition of same-sex marriage in some jurisdictions. It demonstrates how the definition of marriage as a partnership in which the individual spouse's rights are recognized has resulted in protection of the vulnerable spouse. It also examines fault and no-fault divorce procedures and the extent to which these procedures reflect social realities. This volume describes state intervention into the parent and child relationship and how this is reflected in the reexamination of the privacy of the family unit. It concludes with a discussion of the conventional model of adoption of children and how new assisted reproductive technologies are having an impact on family formation, particularly adoption, to take into account new family forms.
One of the law's most important and far-reaching roles is to govern family life and family members. Family law decides who counts as kin, how family relationships are created and dissolved, and what legal rights and responsibilities come with marriage, parenthood, sibling ties, and other family bonds. Yet despite its significance, the field remains remarkably understudied and poorly understood both within and outside the legal community. Family Law Reimagined is the first book to evaluate the canonical narratives, examples, and ideas that legal decisionmakers repeatedly invoke to explain family law and its governing principles. Family Law Reimagined uncovers and critiques the family law canon and outlines a path to reform. Challenging conventional answers and asking questions that judges and lawmakers routinely overlook, it calls on us to reimagine family law.
Inside the Castle is a comprehensive social history of twentieth-century family law in the United States. This was the century that said goodbye to common-law marriage and breach-of-promise lawsuits. This was the century, too, of the sexual revolution and women's liberation, of gay rights and cohabitation. Marriage lost its powerful monopoly over legitimate sexual behavior. Couples who lived together without marriage now had certain rights. Gay marriage became legal in a handful of jurisdictions. By the end of the century, no state still prohibited same-sex behavior. Children in many states could legally have two mothers or two fathers. No-fault divorce became cheap and easy. And illegitimacy lost most of its social and legal stigma. Families took many forms, some of them new and different, and though buffeted by the winds of change, the family persisted as a central institution in society. Inside the Castle tells the story of that institution, exploring the ways in which law tried to penetrate and control this most mysterious realm of personal life.
Our Broken Family Court System is a collection of transcripts from the 2012 conference conducted by the Cummings Foundation. The speakers include judges, lawyers, psychologists and others. Each speaker tackles the problems within the family court system from their own professional standpoint. This book addresses a broken organization that often victimizes the innocent parties. Inspired and aided by the noteworthy film, No Way Out But One, which accompanies the book, Our Broken Family Court System addresses the inherent limitations and biases that are present in the current family court structure.
The well-being of children should be a social priority, and should consider the family circumstances into which children are born. Putting Children's Interests First in US Family Law and Policy: With Power Comes Responsibility details the rise of a federal policy of 'sexual expressionism', which prioritizes adults' interests over children's welfare. It describes the costs to children in the areas of family structure and stability, and the federal programs attempting to ameliorate the situation of non-marital children. Offering a detailed empirical and ethical critique both of 'sexual expressionism' and of the related federal programs, this study will be of interest to scholars and activists supporting children, women and the poor.