
Modern Family Law 2007: Cases and Materials
by Weisberg, D. KellyRent Textbook
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Summary
Table of Contents
Table of Cases | p. xiii |
Preface | p. xix |
Private Family Choices: Constitutional Protection for the Family and Its Members | p. 1 |
Evolution of the Right to Privacy | p. 1 |
The Birth of Privacy | p. 1 |
Meanings of Privacy | p. 1 |
Roots of Privacy | p. 2 |
The Growth of Privacy | p. 2 |
Abortions as a Private Choice | p. 2 |
Burdens on Privacy | p. 2 |
Gonzales v. Carhart | p. 2 |
Notes and Questions | p. 16 |
The Liberation of Privacy | p. 27 |
When Privacy Rights Conflict | p. 27 |
Children and Parents | p. 27 |
Life and Death | p. 29 |
Note: The Terri Schiavo Case | p. 29 |
Getting Married | p. 31 |
Introduction: Public versus Private Dimensions of Courtship and Marriage | p. 31 |
Courtship Patterns | p. 31 |
Preparing to Marry: Premarital Controversies | p. 32 |
Breach of Promise to Marry | p. 32 |
Gifts in Contemplation of Marriage | p. 34 |
Premarital Contracts | p. 34 |
Getting Married: Substantive and Procedural Regulations | p. 37 |
Constitutional Limits on State Regulation of Entry into Marriage | p. 37 |
State Regulation of Entry into the Marital Relationship | p. 38 |
Substantive Restrictions | p. 38 |
Capacity to Marry | p. 38 |
Same Sex | p. 38 |
Note: Domestic Partnership Legislation | p. 45 |
Incest | p. 45 |
Bigamy | p. 46 |
Age | p. 48 |
State of Mind Restrictions: Fraud and Duress | p. 49 |
Note: Marriage Fraud in Immigration | p. 49 |
Procedural Restrictions | p. 50 |
Licensure and Solemnization | p. 50 |
Letter to the Editor | p. 50 |
Informal Marriages | p. 53 |
Common Law Marriage | p. 53 |
The Putative Spouse Doctrine and Other Curative Devices | p. 55 |
Being Married: Regulation of the Intact Marriage | p. 57 |
Roles and Responsibilities in Marriage | p. 57 |
Duty of Support | p. 57 |
Names in the Family | p. 58 |
Employment | p. 61 |
Parenting | p. 61 |
Balancing Work and Family | p. 61 |
Note: Work-Family Conflict Issues | p. 64 |
Tort and Criminal Law | p. 66 |
Tort Actions against Third Parties: Alienation of Affections and Criminal Conversation | p. 66 |
Bailey v. Faulkner | p. 66 |
Tort Actions Between Spouses | p. 71 |
Interspousal Immunity Doctrine | p. 71 |
Wiretapping | p. 72 |
Problem | p. 73 |
Domestic Violence: Wife Beating | p. 74 |
Battered Woman Syndrome | p. 74 |
Duties of Law Enforcement | p. 76 |
Testimony of Jessica Gonzales before the Inter-American Commission on Human Rights | p. 77 |
Crimes: Marital Rape | p. 81 |
Evidentiary Privileges Arising from the Marital Relationship | p. 81 |
Alternative Families | p. 83 |
Cohabitation: Unmarried Couples | p. 83 |
Traditional Response: Criminal Sanctions | p. 83 |
Unmarried Couples' Rights Inter Se | p. 84 |
Unmarried Couples, Third Parties, and the State | p. 87 |
Tort Recovery | p. 87 |
Employment | p. 88 |
Domestic Violence | p. 91 |
Familial Benefits: Housing, Inheritance, Adoption | p. 91 |
Parents' and Children's Rights in the Nonmarital Family | p. 95 |
Support Rights of Nonmarital Children | p. 95 |
Note on Paternity Establishment | p. 95 |
Limitations on Unmarried Parents' Rights | p. 98 |
Extending Paternity Laws to Same-Sex Couples | p. 102 |
Divorce | p. 107 |
Introduction | p. 107 |
Divorce as a Historical Phenomenon | p. 107 |
Fault-Based Defenses | p. 108 |
Condonation | p. 108 |
No-Fault Divorce | p. 108 |
Divorce Reform | p. 108 |
Update: Divorce Reform in New York | p. 108 |
Legal Problems Raised by No-Fault Divorce | p. 109 |
What Role for Fault? | p. 109 |
Assessment of the No-Fault "Revolution" | p. 112 |
Divorce Reform: The Gay Divorce | p. 112 |
Gonzalez v. Green | p. 112 |
Note: The Return of Fault | p. 115 |
Access to Divorce | p. 116 |
Economic Obstacles | p. 116 |
Note: Social and Cultural Obstacles Surrounding Divorce | p. 117 |
Access to Alternatives to Divorce | p. 117 |
The Role of Counsel | p. 118 |
Conflicts of Interest | p. 118 |
Sexual Ethics | p. 119 |
Iowa Supreme Court Attorney Disciplinary Board v. Morrison | p. 119 |
Divorce Jurisdiction | p. 122 |
Over the Plaintiff and Defendant | p. 122 |
Note: Jurisdiction to Terminate a Same-Sex Marriage or Domestic Partnership | p. 123 |
Durational Residency Requirements | p. 123 |
Problem | p. 123 |
Domestic Relations Exception to Diversity Jurisdiction | p. 124 |
Financial Consequences of Dissolution | p. 125 |
Property Distribution: From Title Theory to Contribution | p. 125 |
Spousal Support: Theories of Need, Self-Sufficiency, and Beyond | p. 126 |
"Winding Up" a Marriage: Applying Theories of Property and Support | p. 126 |
Two Couples' Stories | p. 126 |
Special Problems in Achieving a Fair Dissolution | p. 127 |
Changing Circumstances | p. 127 |
Bankruptcy | p. 127 |
Pensions and Employee Benefits | p. 128 |
Child Support | p. 128 |
Parental Duties | p. 128 |
Modification of Child Support | p. 129 |
Employment Changes | p. 129 |
Enforcement | p. 129 |
The Challenge of Multistate Cases | p. 129 |
Modification and Enforcement | p. 129 |
Separation Agreements | p. 130 |
Richardson v. Richardson | p. 130 |
Child Custody | p. 135 |
Introduction: Effects of Parental Divorce | p. 135 |
Parental Disputes Concerning Child Custody | p. 136 |
Standards for Selecting the Custodial Parent: What Should Be the Standard? | p. 136 |
Presumptions? | p. 136 |
Tender Years Presumption | p. 136 |
Primary Caretaker Presumption | p. 137 |
Best Interests of the Child? | p. 137 |
Constitutional Factors | p. 137 |
Race | p. 137 |
Religion | p. 138 |
Fitness | p. 139 |
Sexual Orientation | p. 139 |
Careers | p. 141 |
Domestic Violence | p. 142 |
Joint Custody: Presumption, Preference, or Option? | p. 143 |
Standards Governing the Noncustodial Parent: Visitation | p. 146 |
Restrictions on Visitation | p. 146 |
Denial of Visitation | p. 147 |
Standards Governing Parent versus Nonparent Disputes | p. 147 |
The Role of Special Participants | p. 150 |
The Child's Preference | p. 150 |
Representation for the Child | p. 151 |
Modification | p. 151 |
Standard | p. 151 |
Relocation | p. 152 |
Jurisdiction and Enforcement | p. 154 |
Note: International Child Abduction | p. 154 |
What Process Should Govern Custody Disputes? | p. 155 |
The Adversary System versus Mediation Process | p. 155 |
State Regulation of the Parent-Child Relationship | p. 157 |
Parental Autonomy: Family Privacy Revisited | p. 157 |
Constitutional Doctrine and Limitations | p. 157 |
Child Abuse and Neglect | p. 158 |
Introduction | p. 158 |
The Abusive Parent and the Abused Child | p. 158 |
Child Maltreatment 2005 | p. 158 |
Standards for Intervention in the Family | p. 160 |
Defining the Threshold | p. 160 |
Parental Privilege to Discipline | p. 161 |
Neglect | p. 164 |
Medical Neglect | p. 164 |
Emotional Abuse and Neglect | p. 165 |
Problem | p. 165 |
Sexual Abuse | p. 166 |
Procedures | p. 167 |
Reporting Requirements | p. 167 |
Hearsay and the Confrontation Clause | p. 168 |
Dispositional Alternatives | p. 169 |
Temporary Dispositions: Foster Care | p. 169 |
Liability for Selection of Disposition | p. 169 |
Monitoring the Provision of Foster Care | p. 170 |
Permanent Disposition: Termination of Parental Rights | p. 170 |
Standard of Proof | p. 170 |
Reasonable Efforts Requirements | p. 171 |
Children's Autonomy? | p. 171 |
Emancipation | p. 171 |
When Can Children Sue Their Parents? | p. 171 |
Tortious Injury | p. 171 |
Note: Childhood Sexual Abuse and Statutes of Limitations | p. 172 |
"Divorce" Actions Against Parents | p. 172 |
Adoption and Alternatives to Adoption | p. 175 |
Parental Consent to Adoption | p. 175 |
Validity and Revocability | p. 175 |
Unmarried Fathers' Rights | p. 176 |
Choosing an Adoptive Family | p. 178 |
Placement Criteria | p. 178 |
Matching | p. 178 |
Sexual Orientation | p. 180 |
The Attorney's Role | p. 181 |
Note: Adoption of Children with Special Needs | p. 181 |
Equitable Adoption | p. 182 |
Jurisdiction | p. 183 |
Note: International Adoptions | p. 183 |
Consequences of Adoption | p. 184 |
Legal Status of the Child | p. 184 |
Stepparent and Second-Parent Adoptions | p. 185 |
Secrecy versus Disclosure | p. 186 |
"Open Adoption" | p. 186 |
Adoption Failure | p. 187 |
Alternatives to Adoption | p. 187 |
Artificial Insemination | p. 187 |
Creating Traditional Families | p. 187 |
Creating Nontraditional Families | p. 188 |
Jacob v. Shultz-Jacob | p. 189 |
Notes and Questions | p. 193 |
In Vitro Fertilization | p. 195 |
IVF's Progeny: Egg Donation, Gestational Surrogacy, and "Embryo Adoption" | p. 195 |
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