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The sixth edition of the casebook retains most of the discussion cases in the previous edition and complements them with statutes indicating changes in American law. Among the changes incorporated are civil unions, now available in four states, and the extensive domestic partnership statute incorporated into California law. Additional incorporations include the safe haven laws, plus the recent partial birth abortion decision of Gonzales v. Carhart. The casebook seeks to balance federal and state interests and to offer a smattering of international statutes for comparison. The book is designed to be used in a two, three or four credit course. Specific topics include:Private ordering after Marvin v. MarvinParental rights after Troxel v. GranvilleSame Sex Marriage after Goodridge v. Department of Public HealthAssisted Reproduction after the Uniform Parentage ActChildren's custody, support, relocation, protection from injury, and adopti
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.
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.
Distilled from years of Fortune 500 consulting practice, Shulman's administrative tools and techniques in Qualified Domestic Relations Order Handbook help plan administrators streamline the entire QDRO review and compliance process, while cutting the risk of errors, penalties, and litigation. They include model policies and procedures, review checklists, staff training cases, and more. Contains new models and guidelines for drafting airtight QDROs that speed approval, maximize your clients' rights, and steer you through the malpractice minefields of ERISA and the IRC. Author Gary Shulman begins with QDRO basics, then dissects the key elements of defined contribution and defined benefits plans. He walks you through the preparation of QDROs for different plans and conditions -- using tested models and sample language. An entire chapter highlights 17 crucial malpractice traps, followed by checklists, attorney Q&A, and tips on working proactively with plan administrators.
Winner, 2021 Lawrence S. Wrightsman Book Award, given by the American Psychology-Law Society Bridges family law and current psychological research to shape understanding of legal doctrine and policy Family law encompasses legislation related to domestic relationships—marriages, parenthood, civil unions, guardianship, and more. No other area of law touches so closely to home, or is changing at such a rapid pace—in fact, family law is so dynamic precisely because it is inextricably intertwined with psychological issues such as human behavior, attitudes, and social norms. However, although psychology and family law may seem a natural partnership, both fields have much to learn from each other. Our laws often fail to take into account our empirical knowledge of psychology, falling back instead on faulty assumptions about human behavior. This book encourages our use of psychological research and methods to inform understandings of family law. It considers issues including child custody, intimate partner violence, marriage and divorce, and child and elder maltreatment. For each topic discussed, Eve Brank presents a case, statute, or legal principle that highlights the psychological issues involved, illuminating how psychological research either supports or opposes the legal principles in question, and placing particular emphasis on the areas that are still in need of further research. The volume identifies areas where psychology practice and research already have been or could be useful in molding legal doctrine and policy, and by providing psychology researchers with new ideas for legally relevant research.