Family Law in America

Family Law in America
Author: Sanford N. Katz
Publisher: Oxford University Press, USA
Total Pages: 346
Release: 2015
Genre: Law
ISBN: 0199759227

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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 in America

Family Law in America
Author: Sanford N. Katz
Publisher: Oxford University Press
Total Pages: 346
Release: 2014-09-12
Genre: Law
ISBN: 0199364729

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For many years family law was viewed as a study of the regulation of clearly defined relationships of husband and wife and parent and child. 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. However, 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, and the legal recognition of same-sex marriage in some jurisdictions. 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. It also 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 new assisted reproductive technologies are having an impact on family formation, particularly adoption, to take into account new family forms. This second edition captures recent developments affecting family law in America, including the transformation of the institution of marriage from being a relationship between a man and a woman to encompassing same-sex marriage. Also, this new edition features timely material with insights into adoption that take into account developments in assisted reproduction technologies and the discussion of sexual abuse of children by clergy.

Family Law in America

Family Law in America
Author: Sanford N. Katz
Publisher: Oxford University Press
Total Pages: 295
Release: 2011-07-01
Genre: Law
ISBN: 0199878196

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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.

Family Law in a Changing America

Family Law in a Changing America
Author: Douglas NeJaime
Publisher: Aspen Publishing
Total Pages: 1152
Release: 2020-09-15
Genre: Law
ISBN: 154381591X

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Family Law in a Changing America is a new casebook that 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, having repudiated hierarchies based on race, gender, and sexuality. 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. Professors and students will benefit from: Text that includes dramatic changes in family patterns in contemporary society, including: declining marriage rates, with differential rates based on race and class; increasing rates of nonmarital cohabitation and nonmarital parenting; the use of assisted reproduction and its challenge to biological understandings of parentage; tensions between women’s increasing education and employment and the perseverance of the gendered division of labor in families; the inclusion of same-sex couples in marriage and parenthood 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, such as the child welfare system, that are traditionally neglected 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, often based on actual cases or events, 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 assisted reproduction (including IVF, surrogacy, and gamete donation), parentage (including intentional parenthood, functional parenthood, and multi-parent arrangements), adoption, child welfare, and family support

Family, Law, and Inheritance in America

Family, Law, and Inheritance in America
Author: Yvonne Pitts
Publisher: Cambridge University Press
Total Pages: 219
Release: 2013-05-20
Genre: History
ISBN: 1107035503

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Yvonne Pitts explores nineteenth-century inheritance practices by focusing on testamentary capacity trials in Kentucky in which disinherited family members challenged relatives' wills, claiming the testator lacked the capacity required to write a valid will. By anchoring the study in the history of local communities and the texts of elite jurists, Pitts demonstrates that "capacity" was a term laden with legal meaning and competing communal values.

Inside the Castle

Inside the Castle
Author: Joanna L. Grossman
Publisher: Princeton University Press
Total Pages: 456
Release: 2011-07-18
Genre: Law
ISBN: 1400839777

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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.

New Jersey Family Law

New Jersey Family Law
Author: Alan M. Grosman
Publisher:
Total Pages: 0
Release: 2010
Genre: Domestic relations
ISBN:

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Family Law in a Nutshell

Family Law in a Nutshell
Author: Harry D. Krause
Publisher: West Academic Publishing
Total Pages: 388
Release: 2003
Genre: Law
ISBN:

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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.

Family Law for Non-Lawyers

Family Law for Non-Lawyers
Author: Kerry Tripp
Publisher:
Total Pages: 724
Release: 2016-12-31
Genre: Law
ISBN: 9781516515394

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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.

Divorced from Reality

Divorced from Reality
Author: Jane C. Murphy
Publisher: NYU Press
Total Pages: 227
Release: 2015-06-26
Genre: Family & Relationships
ISBN: 1479842206

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Over the past thirty years, there has been a dramatic shift in the way the legal system approaches and resolves family disputes. Traditionally, family law dispute resolution was based on an “adversary” system: two parties and their advocates stood before a judge who determined which party was at fault in a divorce and who would be awarded the rights in a custody dispute. Now, many family courts are opting for a “problem-solving” model in which courts attempt to resolve both legal and non-legal issues. At the same time, American families have changed dramatically. Divorce rates have leveled off and begun to drop, while the number of children born and raised outside of marriage has increased sharply. Fathers are more likely to seek an active role in their children’s lives. While this enhanced paternal involvement benefits children, it also increases the likelihood of disputes between parents. As a result, the families who seek legal dispute resolution have become more diverse and their legal situations more complex. In Divorced from Reality, Jane C. Murphy and Jana B. Singer argue that the current "problem solving" model fails to address the realities of today's families. The authors suggest that while today’s dispute resolution regime may represent an improvement over its more adversary predecessor, it is built largely around the model of a divorcing nuclear family with lawyers representing all parties—a model that fits poorly with the realities of today's disputing families. To serve the families it is meant to help, the legal system must adapt and reshape itself.