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In print and online, this new casebook considers the full range of contemporary domestic relationships, including families based on marriage and families formed through nonmarital cohabitation. The book presents the framework of constitutional and federal law that shapes family law at the state level, and materials to help students master the practical dimensions of family law, including the mechanics of determining marriage validity, establishing parentage, and working with uniform jurisdictional statutes. Text boxes and links to online resources pose critical thinking questions and direct students to international and comparative dimensions of the subject, important ethical questions, and further reading.
Family Law emphasizes the issues and skills most relevant to domestic relations practice. The text employs a novel and dramatic organization with three substantive units that compare the legal treatment of the parent-child relationship vs. adult intimate relationships at stages of formation, regulation, and dissolution. In keeping with the modern reorientation of the field, Family Law reflects the transition "From Partners to Parents" beginning with the creation of parent-child relationship rather than marriage. Its geographical breadth delivers more comparative materials than other texts, using examples from a variety of cultures to provoke "why don't we do this?" considerations. Each student-friendly chapter and section begins with a clear summary of current law that orients the reader before examining legal texts in detail. This structure invites theoretical critique only after a solid foundation is laid. Statutes are core to the text which gives proper emphasis to the vital skill of statutory interpretation in todays practice. Up-to-date material provides more recent cases than any other textbook. With an empirical emphasis, Family Law draws from the significant literature in sociology, psychology, anthropology and other fields so that legal analysis is grounded in real-life application. Focused questions direct students to the heart of the analysis, often using headings before questions to alert readers to the type of analysis required, for example: statutory interpretation, policy, client counseling, and moral theory. Features: Novel organization three substantive units compares legal treatment of parent-child relationship vs. adult intimate relationships considers stages of formation, regulation, and dissolution Reflects modern reorientation of the field in keeping with transition "From Partners to Parents" starts with creation of parent-child relationship rather than marriage Geographical breadth much more comparative material than current texts examples from other cultures lead to "why don't we do this?" considerations Student-friendly organization each chapter and section begins with clear summary of current law orients students before examining legal texts invites theoretical critique after foundation is laid Statutes at the core proper emphasis on the vital skill of statutory interpretation Up-to-date more recent cases than any other textbook Empirical emphasis draws from sociology, psychology, anthropology, and other fields grounds legal analysis in real world application Focused questions direct students to the heart of the analysis use headings to alert students as to the type of analysis required (e.g., statutory interpretation, policy, client counseling, moral theory)
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
Offering complete and even more concise coverage that includes contemporary issues of debate, Weisberg and Appleton integrate rich interdisciplinary materials with great teaching cases, notes, and problems. Engaging narratives reveal the fascinating background behind the cases and connect students to the impact of the law on people's lives. Written with sensitivity to issues of gender, race, and class, Modern Family Law, Fourth edition, features: probing coverage that reflects the social diversity of modern families a candid examination of the development of family law in response to the women's movement the children's rights movement the fathers' rights movement domestic violence changing sexual mores nontraditional family forms developments in reproductive technology interdisciplinary perspectives throughout the text balanced coverage of contemporary themes and basic family law a variety of problem exercises, most derived from actual cases and events flexible organization adapts to shorter or longer courses Updated throughout, the Fourth Edition addresses recent developments in the law, addressing: ; Abortion, domestic violence, no-fault divorce reform, parentage, adoption and assisted reproduction same-sex marriage, civil unions and same-sex divorce major new cases, such as Kerrigan v. Commissioner of Public Health, holding unconstitutional the exclusion of same-sex couples from the right to marry Gonzales v. Carhart, upholding the constitutionality of the federal Partial-Birth Abortion Ban Act post-Lawrence v. Texas developments relevant to sexual behavior Recent amendments to FMLA (Family Medical Leave Act) and VAWA (Violence Against Women Act) Now in its Fourth Edition, Weisberg and Appleton’s Modern Family Law reflects a progressive and inclusive perspective that recognizes how the diversity of today’s families challenges traditional legal concepts and principles.