Modern Family Law
Modern Family Law

Author: D. Kelly Weisberg

Publisher: Aspen Publishing

Published: 2024-02-12

Total Pages: 905

ISBN-13:

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Exploring the conflict between respect for privacy and deference to state authority in the context of family law today, each chapter in the Eighth Edition of this popular Family Law casebook provides a lens to explore the appropriate role of the state in family decision making, and helps equip students to handle current and emerging family law issues. The book features riveting well-edited cases, notes, interdisciplinary materials, and problems that highlight issues of gender, sexuality, race, and class. Integrating legal developments with perspectives from history, psychology, sociology, medicine, and philosophy, this casebook uniquely reflects the full diversity of the modern family, including key updates on marriage equality and parentage issues for LGBTQ-headed families, nonmarital families, abortion, adoption, and assisted reproduction. New to the Eighth Edition: Recent landmark developments in the law of abortion, including Dobbs v. Jackson Women’s Health Organization, and updates on state law efforts to curtail abortion access Conflict between nondiscrimination principles and the First Amendment, including 303 Creative v. Elenis Updates on recent or pending Supreme Court cases, including Brackeen v. Haaland, Golan v. Saada, and Rahimi v. U.S. Recent Uniform Acts, including the Uniform Cohabitants' Economic Remedies Act and the Uniform Unregulated Child Custody Transfer Act New federal law, including the Violence Against Women Reauthorization Act (2022) and the Respect for Marriage Act State law reform on marriages involving minors Impact of COVID on family law Benefits for instructors and students: A mix of “classics” and cutting-edge materials illuminate family law’s past and its continuing development in an era of exciting change Materials—such as narratives, epilogues, personal communications, social science perspectives, and comparative information—bring family law to life Thoughtfully organized materials clearly present basic principles and doctrines, while inviting policy-based reflections and questions about law reform Provocative questions and Problems based on cases and current events will spark lively class discussions

Family Law in a Changing America
Family Law in a Changing America

Author: Douglas NeJaime

Publisher: Aspen Publishing

Published: 2024-02-15

Total Pages: 1029

ISBN-13:

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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

Belonging
Belonging

Author: Gloria McCahon Whiting

Publisher: University of Pennsylvania Press

Published: 2024-08-13

Total Pages: 363

ISBN-13: 151282450X

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As winter turned to spring in the year 1699, Sebastian and Jane embarked on a campaign of persuasion. The two wished to marry, and they sought the backing of their community in Boston. Nothing, however, could induce Jane’s enslaver to consent. Only after her death did Sebastian and Jane manage to wed, forming a long-lasting union even though husband and wife were not always able to live in the same household. New England is often considered a cradle of liberty in American history, but this snippet of Jane and Sebastian’s story reminds us that it was also a cradle of slavery. From the earliest years of colonization, New Englanders bought and sold people, most of whom were of African descent. In Belonging, Gloria McCahon Whiting tells the region’s early history from the perspective of the people, like Jane and Sebastian, who belonged to others and who struggled to maintain a sense of belonging among their kin. Through a series of meticulously reconstructed family narratives, Whiting traces the contours of enslaved people’s intimate lives in early New England, where they often lived with those who bound them but apart from kin. Enslaved spouses rarely were able to cohabit; fathers and their offspring routinely were separated by inheritance practices; children could be removed from their mothers at an enslaver’s whim; and people in bondage had only partial control of their movement through the region, which made more difficult the task of maintaining distant relationships. But Belonging does more than lay bare the obstacles to family stability for those in bondage. Whiting also charts Afro-New Englanders’ persistent demands for intimacy throughout the century and a half stretching from New England’s founding to the American Revolution. And she shows how the work of making and maintaining relationships influenced the region’s law, religion, society, and politics. Ultimately, the actions taken by people in bondage to fortify their families played a pivotal role in bringing about the collapse of slavery in New England’s most populous state, Massachusetts.