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This volume examines the state of family law in America. Among its themes is the tension between individual autonomy and governmental regulation in all aspects of family law. It examines both conventional and new definitions of formal and informal domestic relationships.
Family Law for Non-Lawyers uses current events, sometimes with tabloid-style fact patterns or celebrity participants, to illustrate the complexities of and rapid changes in the field of family law while maintaining a high level of student interest. The book also capitalizes on recent United States Supreme Court family law cases to allow the reader to play Justice and try to determine how the cases will be decided. The book surveys family law in general, familiarizing the reader with the similarities and differences in the law throughout the country. Short summaries of the law and related cases bring legal principles to life in an easy-to-use, often humorous way. Contentious issues such as same-sex marriage, birth control, and assisted reproduction share the stage with courtship and divorce, custody and child support, and parental rights in this enlightening read. Family Law for Non-Lawyers raises issues and covers topics that will challenge both the reader familiar with family law and anyone new to the subject. Student-friendly and straightforward, the book is a perfect tool for courses in family studies, couples and family therapy, paralegal studies, and undergraduate and graduate family law classes. Kerry Weil Tripp, J.D., is a graduate of the Notre Dame Law School and practiced law in San Francisco and Baltimore. Dr. Tripp is the assistant to the chair for special projects and senior lecturer in the Department of Family Studies in the School of Public Health at the University of Maryland, College Park. She teaches undergraduate and graduate law classes, including a comparative family law class in Havana, Cuba.
For many years family law was viewed as a study of the regulation of relationships of husband and wife and parent and child. Both relationships were clearly defined. In the case of husband and wife, it was through formal legal procedures or informal arrangements called marriage. In the case of parent and child it was either through biology or adoption. Equally defined were the stages by which these relationships were established, maintained, and terminated. By the close of the twentieth century, basic questions about who should be officially designated a family member and by what procedure were being raised both in the legislature and in litigation. In addition, conventional models that had defined domestic relations such as marriage, divorce, and adoption were either being expanded to include contemporary patterns of living arrangements and the current reality or new models were being constructed. 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. 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 and 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 additional models are being developed to take into account new family forms.
The second edition of this casebook has been updated and trimmed, although it retains a wide range of topics and materials. It covers a variety of private international law issues, including child abduction, child custody, adoption, child support enforcement, and recognition of marriages and divorces. The book also explores the impact of public international law on both domestic and international regulation of the family, using topics such as family violence and the rights of the child. Finally, the book uses comparative law materials to examine traditional family law topics, such as the regulation of marriage, the rights of same-sex couples, adoption, reproductive freedom, and more.
This casebook provides a comprehensive, accessible, and up-to-date analysis of family law from comparative and private international law perspectives. It emphasizes the need to examine complex cross-border family situations by comparing legal systems and understanding the jurisdictional overlay, with a particular focus on the United States. The casebook addresses some of the most intimate and legally complicated situations in which cross-border families find themselves, including the validity of foreign marriages, simultaneous divorce proceedings in multiple countries, the changing law in creating families using adoption and assisted reproductive technology, and how to remedy an international parental child abduction. In addition, the book dives into the importance of judicial assistance treaties and laws when understanding the legal issues, including the necessity to have proper service in a foreign country, obtaining evidence overseas, and authenticating foreign public documents. This book is a superb companion for law students and practitioners alike, and can readily be used in a traditional theory-based class and in practicum courses. It provides substantive material for a course on International Family Law, or can supplement a course on Family Law, International Law, or Comparative Law.
A comprehensive social history of families and family law in twentieth-century America Inside the Castle is a comprehensive social history of twentieth-century family law in the United States. Joanna Grossman and Lawrence Friedman show how vast, oceanic changes in society have reshaped and reconstituted the American family. Women and children have gained rights and powers, and novel forms of family life have emerged. The family has more or less dissolved into a collection of independent individuals with their own wants, desires, and goals. Modern family law, as always, reflects the brute social and cultural facts of family life. The story of family law in the twentieth century is complex. 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. These changes were not smooth or linear—all met with resistance and provoked a certain amount of backlash. 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.
Writer and columnist Benjamin Law revisits his joyous and much-loved family memoir, spilling the tea on his family's latest antics The book that inspired the major SBS television series! Meet the Law family – eccentric, endearing and hard to resist. Your guide is Benjamin, the third of five children and a born humourist. Join him as he tries to answer some puzzling questions. Why won't his Chinese dad wear made-in-China underpants? Why was most of his extended family deported in the 1980s? Will his childhood dreams of Home and Away stardom come to nothing? What are his chances of finding love? In this updated edition with a new chapter, Benjamin Law fills us in on his family's antics from the past decade. ‘Benjamin Law manages to be scatagogical, hilarious and heartbreaking all at the same time. Every sentence fizzes like an exploding fireball of energy.’—Alice Pung ‘A vivid, gorgeously garish, Technicolour portrait of a family. It's impossible not to let oneself go along for the ride and emerge at the book's end enlightened, touched, thrilling with laughter.’—Marieke Hardy ‘The eccentric, clever and beautifully resonant The Family Law. It's sharply written, brilliantly observed and infused with an authenticity that makes it compelling.’ —Saturday Age ‘Very funny...you may find yourself at times almost barking with laughter’ —The Monthly ‘Law is a writer of great wit and warmth who combines apparently artless and effortless comedian's patter with a high level of technical skill.’ —Sydney Morning Herald ‘Simultaneously weird and instantly recognisable, the Laws are an Australian family it's well worth getting to know’ —The Enthusiast ‘Wonderful. Everyone should run to their nearest bookshop and buy a copy.’ —Defamer ‘An addictive read.’ —Courier-Mail
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
Family law draws from constitutional law as well as from criminal law, conflict laws, and the laws of contracts, torts, property, inheritance, and even taxation. This comprehensive review inspects the creation of marriage relationships, spousal rights and obligations, parent and child relationships, marriage termination, and the economic consequences of divorce.