Family Law in a Changing America

Family Law in a Changing America PDF Author: Douglas NeJaime
Publisher: Aspen Publishing
ISBN:
Category : Law
Languages : en
Pages : 1029

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Book Description
Family Law in a Changing America highlights law and family patterns as they are now, not as they were decades ago. By focusing on key changes in family life, the casebook attends to rising equality and inequality within and among families. The law, formally at least, accords more equality and autonomy than ever before; yet, as our society has grown more economically unequal, so too have family patterns diverged, with marriage and marital child-rearing becoming a mark of privilege. A number of developments--mass incarceration, the privatization of care, and reproductive technologies--have also contributed to disparities based on race, class, and gender. The casebook reflects the law's continuing emphasis on marriage, but also treats nonmarital families as central. Rather than privilege the marital heterosexual family, the casebook organizes the presentation of the law around (1) adult relationships and (2) parent-child relationships. New to the Second Edition: Updated coverage on reproductive justice and abortion access Expanded and updated and coverage of the Indian Child Welfare Act Updated coverage on the child welfare system and a focus on debates over abolition Professors and students will benefit from: Text that includes dramatic changes in family patterns, including declining marriage rates, with differential rates based on race and class; increasing rates of nonmarital cohabitation and nonmarital parenting; tensions between women's increasing education and employment and the perseverance of the gendered division of labor in families An approach that decenters the marital heterosexual family and instead is structured around the general topics of adult relationships and parent-child relationships Focus on the scope of family law, including extensive coverage of crucial sites of family regulation that are traditionally given short shrift Emphasis on multiple modes of legal interpretation (common law, constitutional, statutory) and multiple actors in the legal system (judges, legislators, lawyers, experts, social workers) Practical problems and exercises that illuminate the gaps, tensions, and implications of existing doctrine; some of the problems include postscripts explaining how the issue was resolved by a court or legislature An approach that draws on more recent cases and cutting-edge issues and that includes extensive coverage of the rights of unmarried partners, reproductive justice, assisted reproduction; parentage (including intentional parenthood, functional parenthood, and multi-parent arrangements), adoption (including open adoption, transracial adoption, and the Indian Child Welfare Act), the child welfare system, and family support

Family Law in a Changing America

Family Law in a Changing America PDF Author: Douglas NeJaime
Publisher: Aspen Publishing
ISBN:
Category : Law
Languages : en
Pages : 1029

Get Book Here

Book Description
Family Law in a Changing America highlights law and family patterns as they are now, not as they were decades ago. By focusing on key changes in family life, the casebook attends to rising equality and inequality within and among families. The law, formally at least, accords more equality and autonomy than ever before; yet, as our society has grown more economically unequal, so too have family patterns diverged, with marriage and marital child-rearing becoming a mark of privilege. A number of developments--mass incarceration, the privatization of care, and reproductive technologies--have also contributed to disparities based on race, class, and gender. The casebook reflects the law's continuing emphasis on marriage, but also treats nonmarital families as central. Rather than privilege the marital heterosexual family, the casebook organizes the presentation of the law around (1) adult relationships and (2) parent-child relationships. New to the Second Edition: Updated coverage on reproductive justice and abortion access Expanded and updated and coverage of the Indian Child Welfare Act Updated coverage on the child welfare system and a focus on debates over abolition Professors and students will benefit from: Text that includes dramatic changes in family patterns, including declining marriage rates, with differential rates based on race and class; increasing rates of nonmarital cohabitation and nonmarital parenting; tensions between women's increasing education and employment and the perseverance of the gendered division of labor in families An approach that decenters the marital heterosexual family and instead is structured around the general topics of adult relationships and parent-child relationships Focus on the scope of family law, including extensive coverage of crucial sites of family regulation that are traditionally given short shrift Emphasis on multiple modes of legal interpretation (common law, constitutional, statutory) and multiple actors in the legal system (judges, legislators, lawyers, experts, social workers) Practical problems and exercises that illuminate the gaps, tensions, and implications of existing doctrine; some of the problems include postscripts explaining how the issue was resolved by a court or legislature An approach that draws on more recent cases and cutting-edge issues and that includes extensive coverage of the rights of unmarried partners, reproductive justice, assisted reproduction; parentage (including intentional parenthood, functional parenthood, and multi-parent arrangements), adoption (including open adoption, transracial adoption, and the Indian Child Welfare Act), the child welfare system, and family support

Modern Family Law

Modern Family Law PDF Author: D Kelly Weisberg
Publisher: Aspen Publishing
ISBN:
Category : Domestic relations
Languages : en
Pages : 912

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Book Description
"Cases and materials on family law for law students taking a family law course"--

Marriage and Divorce in America

Marriage and Divorce in America PDF Author: Jaimee L. Hartenstein
Publisher: Bloomsbury Publishing USA
ISBN: 1440868379
Category : Social Science
Languages : en
Pages : 529

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Book Description
This wide-ranging resource will help readers understand the history and current state of marriage and divorce in the United States, including their many cultural, economic, political, legal, and religious facets. Coverage includes information and insights on broad trends in relationships that are changing the landscape of American society, such as childcare, delayed marriages, blended families, and prevalence of marriage and divorce among various socioeconomic groups. In addition, the encyclopedia features in-depth entries covering high-interest issues that are shaping the character of marriage, divorce, relationships, and family life in the 21st century, including economic/legal topics (child support, prenups, divisions of assets in divorce, the wedding industry, no-fault divorce, legal representation in divorce, and economic independence as a factor in separations/divorce); other divorce factors (infidelity, parenthood, illness, domestic abuse, and child abuse); and a host of other legal/cultural issues, factors, and phenomena, both current and historical.

Family Law

Family Law PDF Author: Leslie Joan Harris
Publisher: Aspen Publishing
ISBN: 1454897732
Category : Law
Languages : en
Pages : 1263

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Book Description
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

Law and the Modern Mind

Law and the Modern Mind PDF Author: Susanna L. Blumenthal
Publisher: Harvard University Press
ISBN: 9780674048935
Category : Law
Languages : en
Pages : 0

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Book Description
In postrevolutionary America, the autonomous individual was both the linchpin of a young nation and a threat to the founders’ vision of ordered liberty. Conceiving of self-government as a psychological as well as a political project, jurists built a republic of laws upon the Enlightenment science of the mind with the aim of producing a responsible citizenry. Susanna Blumenthal probes the assumptions and consequences of this undertaking, revealing how ideas about consciousness, agency, and accountability have shaped American jurisprudence. Focusing on everyday adjudication, Blumenthal shows that mental soundness was routinely disputed in civil as well as criminal cases. Litigants presented conflicting religious, philosophical, and medical understandings of the self, intensifying fears of a populace maddened by too much liberty. Judges struggled to reconcile common sense notions of rationality with novel scientific concepts that suggested deviant behavior might result from disease rather than conscious choice. Determining the threshold of competence was especially vexing in litigation among family members that raised profound questions about the interconnections between love and consent. This body of law coalesced into a jurisprudence of insanity, which also illuminates the position of those to whom the insane were compared, particularly children, married women, and slaves. Over time, the liberties of the eccentric expanded as jurists came to recognize the diversity of beliefs held by otherwise reasonable persons. In calling attention to the problematic relationship between consciousness and liability, Law and the Modern Mind casts new light on the meanings of freedom in the formative era of American law.

The Oxford Handbook of Family Policy

The Oxford Handbook of Family Policy PDF Author: Neil Gilbert
Publisher: Oxford University Press
ISBN: 019751815X
Category : Social Science
Languages : en
Pages : 1089

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Book Description
The Handbook examines contemporary trends and issues in the formation of families over the different stages of the life cycle and how they interact with family-oriented social policies of modern welfare states, mainly in the OECD countries of Western Europe, East Asia and the U.S. Focusing largely on family needs in the early stages of the life course, the conventional package of policies tends to emphasize programs and benefits clustered around measures to support marriage, childbearing, care, the reconciliation of employment and childcare during the preschool years. Drawing on a multidisciplinary group of experts from many countries, this book extends the conventional perspective on family policy by also looking at later phases of the family life course. In taking a life course perspective, this Handbook extends the purview to encompass the three main stages of family life. These are (1) cohabitation, marriage and starting a family; (2) the early years of parenting, care and employment, and (3) the period of transitions and later life: family breakdown and intergenerational supports across the life course.

Cases Determined by the St. Louis, Kansas City and Springfield Courts of Appeals of the State of Missouri

Cases Determined by the St. Louis, Kansas City and Springfield Courts of Appeals of the State of Missouri PDF Author: Missouri. Courts of appeals
Publisher:
ISBN:
Category : Law reports, digests, etc
Languages : en
Pages : 806

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Book Description


Family and Succession Law in the USA

Family and Succession Law in the USA PDF Author: Lynn Dennis Wardle
Publisher: Kluwer Law International B.V.
ISBN: 9403545321
Category : Law
Languages : en
Pages : 429

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Book Description
Derived from the renowned multi-volume International Encyclopaedia of Laws, this concise exposition and analysis of the essential elements of law with regard to family relations, marital property, and succession to estates in the USA covers the legal rules and customs pertaining to the intertwined civic status of persons, the family, and property. After an informative general introduction, the book proceeds to an in-depth discussion of the sources and instruments of family and succession law, the authorities that adjudicate and administer the laws, and issues surrounding the person as a legal entity and the legal disposition of property among family members. Such matters as nationality, domicile, and residence; marriage, divorce, and cohabitation; adoption and guardianship; succession and inter vivos arrangements; and the acquisition and administration of estates are all treated to a degree of depth that will prove useful in nearly any situation likely to arise in legal practice. The book is primarily designed to assist lawyers who find themselves having to apply rules of international private law or otherwise handling cases connected with the USA. It will also be of great value to students and practitioners as a quick guide and easy-to-use practical resource in the field, and especially to academicians and researchers engaged in comparative studies by providing the necessary, basic material of family and succession law.

Exploring Norms and Family Laws across the Globe

Exploring Norms and Family Laws across the Globe PDF Author: Melissa L. Breger
Publisher: Rowman & Littlefield
ISBN: 1793618364
Category : Law
Languages : en
Pages : 409

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Book Description
Bringing together some of the world’s leading family law scholars, as well as bright and emerging minds in the field of global family law, this book explores the differences and commonalities in the conceptualization and legal treatment of families throughout different legal traditions. Each chapter delves into topics integral to family law jurisprudence and serves as a novel examination into a deep slice of family law. Together, the four parts and sixteen chapters create a melodious and intriguing examination of groundbreaking and cutting-edge areas of law in the realm of the family. The four parts primarily focus upon a major family law topic with the authors examining the laws across jurisdictions, cross-nationally, or in some cases intra-jurisdictionally. It is through this comparative lens that we see how family law concepts are woven into the fabric of overall society around the globe. This book is of interest to family law, international law, sociology, and socio-legal scholars.

Living Apart Together

Living Apart Together PDF Author: Cynthia Grant Bowman
Publisher: NYU Press
ISBN: 1479891045
Category : Law
Languages : en
Pages : 234

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Book Description
Argues for legal reforms to protect couples who live apart but perform many of the functions of a family Living Apart Together is an in-depth look at a new way of being a couple and “doing family”—living apart together (LAT)—in which committed couples maintain separate residences and finances. In Bowman’s own 2016 national survey, 9% of respondents reported maintaining committed relationships while living apart, typically spending the weekend together, socializing together, taking vacations together, and looking after one another in illness, but maintaining financial independence. The term LAT stems from Europe, where this manner of coupledom has been extensively studied; however, it has gone virtually unnoticed in the United States. Living Apart Together aims to remedy this oversight by presenting original research derived from both randomized surveys and qualitative interviews. Beginning with the large body of social science literature from outside the US, Cynthia Bowman examines the prevalence of this lifestyle, the demographics of people who live apart, their reasons for doing so, and how these individuals manage finances, care during illness, and many other aspects of family life. She focuses in particular detail on three key demographics—women, gay men, and the elderly—and how individuals from these groups engage in LAT behavior. She finds that while these living arrangements are more common than previously believed, there are virtually no legal protections for the people involved. Bowman concludes by proposing a number of legal reforms to support the caregiving functions LAT partners perform for each other. Living Apart Together makes an important case for formal recognition of this growing but largely overlooked family structure.