Modern Family Law 2007: Cases and Materials

by
Edition: Supplement
Format: Paperback
Pub. Date: 2007-08-06
Publisher(s): Wolters Kluwer
List Price: $38.00

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Summary

the 2007 Supplement to Modern Family Law brings the third edition up to date through July 1, 2007. it includes major developments in the areas of abortion, same-sex marriage and same-sex divorce, no-fault divorce reform, parentage, and assisted reproduction. New principal cases include: Gonzales v. Carhart, The Supreme Court's decision upholding the federal "Partial Birth Abortion Ban Act" Bailey v. Faulkner, a heart-balm action against the couple's pastor Gonzalez v. Green, a same-sex divorce case Iowa Supreme Court Attorney Disciplinary Board v. Morrison, a disciplinary proceeding against an attorney who became sexually involved with a divorce client Richardson v. Richardson, An unsuccessful effort to modify a separation agreement by a former husband whose wife tried to hire a "hit man" to kill him Jacob v. Shultz-Jacob, a ruling that a child can have three legal parents New excerpts on the following topics include: the validity of ceremonial Islamic weddings the testimony of Jessica Gonzales (plaintiff in Castle Rock v. Gonzales) before the Inter-American Commission on Human Rights child abuse statistics New problems on the following issues include: the "wiretapping" of actor Alec Baldwin's abusive phone call to his young daughter a fraud exception to durational residency requirements limitations on parents' common law right to discipline children liberalization in the reporting of emotional abuse Updates on empirical findings include: aging in the gay and lesbian community interracial marriage and polygamy naming practices the work-family conflict the declining divorce rate joint custody and children's views about custody decisionmaking sex education reporting about child abuse and neglect international adoption and open adoption

Table of Contents

Table of Casesp. xiii
Prefacep. xix
Private Family Choices: Constitutional Protection for the Family and Its Membersp. 1
Evolution of the Right to Privacyp. 1
The Birth of Privacyp. 1
Meanings of Privacyp. 1
Roots of Privacyp. 2
The Growth of Privacyp. 2
Abortions as a Private Choicep. 2
Burdens on Privacyp. 2
Gonzales v. Carhartp. 2
Notes and Questionsp. 16
The Liberation of Privacyp. 27
When Privacy Rights Conflictp. 27
Children and Parentsp. 27
Life and Deathp. 29
Note: The Terri Schiavo Casep. 29
Getting Marriedp. 31
Introduction: Public versus Private Dimensions of Courtship and Marriagep. 31
Courtship Patternsp. 31
Preparing to Marry: Premarital Controversiesp. 32
Breach of Promise to Marryp. 32
Gifts in Contemplation of Marriagep. 34
Premarital Contractsp. 34
Getting Married: Substantive and Procedural Regulationsp. 37
Constitutional Limits on State Regulation of Entry into Marriagep. 37
State Regulation of Entry into the Marital Relationshipp. 38
Substantive Restrictionsp. 38
Capacity to Marryp. 38
Same Sexp. 38
Note: Domestic Partnership Legislationp. 45
Incestp. 45
Bigamyp. 46
Agep. 48
State of Mind Restrictions: Fraud and Duressp. 49
Note: Marriage Fraud in Immigrationp. 49
Procedural Restrictionsp. 50
Licensure and Solemnizationp. 50
Letter to the Editorp. 50
Informal Marriagesp. 53
Common Law Marriagep. 53
The Putative Spouse Doctrine and Other Curative Devicesp. 55
Being Married: Regulation of the Intact Marriagep. 57
Roles and Responsibilities in Marriagep. 57
Duty of Supportp. 57
Names in the Familyp. 58
Employmentp. 61
Parentingp. 61
Balancing Work and Familyp. 61
Note: Work-Family Conflict Issuesp. 64
Tort and Criminal Lawp. 66
Tort Actions against Third Parties: Alienation of Affections and Criminal Conversationp. 66
Bailey v. Faulknerp. 66
Tort Actions Between Spousesp. 71
Interspousal Immunity Doctrinep. 71
Wiretappingp. 72
Problemp. 73
Domestic Violence: Wife Beatingp. 74
Battered Woman Syndromep. 74
Duties of Law Enforcementp. 76
Testimony of Jessica Gonzales before the Inter-American Commission on Human Rightsp. 77
Crimes: Marital Rapep. 81
Evidentiary Privileges Arising from the Marital Relationshipp. 81
Alternative Familiesp. 83
Cohabitation: Unmarried Couplesp. 83
Traditional Response: Criminal Sanctionsp. 83
Unmarried Couples' Rights Inter Sep. 84
Unmarried Couples, Third Parties, and the Statep. 87
Tort Recoveryp. 87
Employmentp. 88
Domestic Violencep. 91
Familial Benefits: Housing, Inheritance, Adoptionp. 91
Parents' and Children's Rights in the Nonmarital Familyp. 95
Support Rights of Nonmarital Childrenp. 95
Note on Paternity Establishmentp. 95
Limitations on Unmarried Parents' Rightsp. 98
Extending Paternity Laws to Same-Sex Couplesp. 102
Divorcep. 107
Introductionp. 107
Divorce as a Historical Phenomenonp. 107
Fault-Based Defensesp. 108
Condonationp. 108
No-Fault Divorcep. 108
Divorce Reformp. 108
Update: Divorce Reform in New Yorkp. 108
Legal Problems Raised by No-Fault Divorcep. 109
What Role for Fault?p. 109
Assessment of the No-Fault "Revolution"p. 112
Divorce Reform: The Gay Divorcep. 112
Gonzalez v. Greenp. 112
Note: The Return of Faultp. 115
Access to Divorcep. 116
Economic Obstaclesp. 116
Note: Social and Cultural Obstacles Surrounding Divorcep. 117
Access to Alternatives to Divorcep. 117
The Role of Counselp. 118
Conflicts of Interestp. 118
Sexual Ethicsp. 119
Iowa Supreme Court Attorney Disciplinary Board v. Morrisonp. 119
Divorce Jurisdictionp. 122
Over the Plaintiff and Defendantp. 122
Note: Jurisdiction to Terminate a Same-Sex Marriage or Domestic Partnershipp. 123
Durational Residency Requirementsp. 123
Problemp. 123
Domestic Relations Exception to Diversity Jurisdictionp. 124
Financial Consequences of Dissolutionp. 125
Property Distribution: From Title Theory to Contributionp. 125
Spousal Support: Theories of Need, Self-Sufficiency, and Beyondp. 126
"Winding Up" a Marriage: Applying Theories of Property and Supportp. 126
Two Couples' Storiesp. 126
Special Problems in Achieving a Fair Dissolutionp. 127
Changing Circumstancesp. 127
Bankruptcyp. 127
Pensions and Employee Benefitsp. 128
Child Supportp. 128
Parental Dutiesp. 128
Modification of Child Supportp. 129
Employment Changesp. 129
Enforcementp. 129
The Challenge of Multistate Casesp. 129
Modification and Enforcementp. 129
Separation Agreementsp. 130
Richardson v. Richardsonp. 130
Child Custodyp. 135
Introduction: Effects of Parental Divorcep. 135
Parental Disputes Concerning Child Custodyp. 136
Standards for Selecting the Custodial Parent: What Should Be the Standard?p. 136
Presumptions?p. 136
Tender Years Presumptionp. 136
Primary Caretaker Presumptionp. 137
Best Interests of the Child?p. 137
Constitutional Factorsp. 137
Racep. 137
Religionp. 138
Fitnessp. 139
Sexual Orientationp. 139
Careersp. 141
Domestic Violencep. 142
Joint Custody: Presumption, Preference, or Option?p. 143
Standards Governing the Noncustodial Parent: Visitationp. 146
Restrictions on Visitationp. 146
Denial of Visitationp. 147
Standards Governing Parent versus Nonparent Disputesp. 147
The Role of Special Participantsp. 150
The Child's Preferencep. 150
Representation for the Childp. 151
Modificationp. 151
Standardp. 151
Relocationp. 152
Jurisdiction and Enforcementp. 154
Note: International Child Abductionp. 154
What Process Should Govern Custody Disputes?p. 155
The Adversary System versus Mediation Processp. 155
State Regulation of the Parent-Child Relationshipp. 157
Parental Autonomy: Family Privacy Revisitedp. 157
Constitutional Doctrine and Limitationsp. 157
Child Abuse and Neglectp. 158
Introductionp. 158
The Abusive Parent and the Abused Childp. 158
Child Maltreatment 2005p. 158
Standards for Intervention in the Familyp. 160
Defining the Thresholdp. 160
Parental Privilege to Disciplinep. 161
Neglectp. 164
Medical Neglectp. 164
Emotional Abuse and Neglectp. 165
Problemp. 165
Sexual Abusep. 166
Proceduresp. 167
Reporting Requirementsp. 167
Hearsay and the Confrontation Clausep. 168
Dispositional Alternativesp. 169
Temporary Dispositions: Foster Carep. 169
Liability for Selection of Dispositionp. 169
Monitoring the Provision of Foster Carep. 170
Permanent Disposition: Termination of Parental Rightsp. 170
Standard of Proofp. 170
Reasonable Efforts Requirementsp. 171
Children's Autonomy?p. 171
Emancipationp. 171
When Can Children Sue Their Parents?p. 171
Tortious Injuryp. 171
Note: Childhood Sexual Abuse and Statutes of Limitationsp. 172
"Divorce" Actions Against Parentsp. 172
Adoption and Alternatives to Adoptionp. 175
Parental Consent to Adoptionp. 175
Validity and Revocabilityp. 175
Unmarried Fathers' Rightsp. 176
Choosing an Adoptive Familyp. 178
Placement Criteriap. 178
Matchingp. 178
Sexual Orientationp. 180
The Attorney's Rolep. 181
Note: Adoption of Children with Special Needsp. 181
Equitable Adoptionp. 182
Jurisdictionp. 183
Note: International Adoptionsp. 183
Consequences of Adoptionp. 184
Legal Status of the Childp. 184
Stepparent and Second-Parent Adoptionsp. 185
Secrecy versus Disclosurep. 186
"Open Adoption"p. 186
Adoption Failurep. 187
Alternatives to Adoptionp. 187
Artificial Inseminationp. 187
Creating Traditional Familiesp. 187
Creating Nontraditional Familiesp. 188
Jacob v. Shultz-Jacobp. 189
Notes and Questionsp. 193
In Vitro Fertilizationp. 195
IVF's Progeny: Egg Donation, Gestational Surrogacy, and "Embryo Adoption"p. 195
Table of Contents provided by Ingram. All Rights Reserved.

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