Modern Family Law
Modern Family Law

Author: D. Kelly Weisberg

Publisher: Aspen Publishing

Published: 2020-02-02

Total Pages: 1056

ISBN-13: 1543822347

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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 Seventh Edition of Modern Family Law: Cases and Materials 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, sexualities, 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 LGBT-headed families, the nonmarital family, abortion, adoption, and assisted reproductive technology. New to the Seventh Edition: The latest Supreme Court family law cases (Whole Woman’s Health v. Hellerstedt; Masterpiece Cakeshop; Pavan v. Smith; Sessions v. Morales-Santana), and previews of upcoming cases (June Medical Services v. Gee and Bostock v. Clayton County) In-depth coverage of important recent uniform and model legislation (Uniform Parentage Act (2017); Uniform Nonparent Custody and Visitation Act (2018); pending VAWA Reauthorization Act (2020), ALI Restatement of Children and the Law (2019-2020), and ABA Model Act Governing Assisted Reproduction (2019) Landmark recent state and federal decisions (including LGBT rights, breastfeeding discrimination/accommodations, contraceptive fraud, divorce discrimination, marital paternity presumption, marital communications privilege, abortion restrictions, minors’ abortion rights, name disputes, challenges to state polygamy laws, parentage rights in multi-parent families, spousal spying for infidelity, and much more) Professors and students will benefit from: A mix of “classic” 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 and 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

Modern Family Law
Modern Family Law

Author: D. Kelly Weisberg

Publisher: Aspen Publishers

Published: 2010

Total Pages: 0

ISBN-13: 9780735584648

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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.

Family Law
Family Law

Author: Judith C. Areen

Publisher: West Publishing Company

Published: 1999

Total Pages: 1596

ISBN-13:

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Contemporary Family Law
Contemporary Family Law

Author: Douglas Abrams

Publisher: West Academic Publishing

Published: 2023-07-06

Total Pages: 0

ISBN-13: 9781642428605

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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 in a Changing America
Family Law in a Changing America

Author: Douglas NeJaime

Publisher: Aspen Publishing

Published: 2020-09-15

Total Pages: 1152

ISBN-13: 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

Bastards
Bastards

Author: Matthew Gerber

Publisher: Oxford University Press

Published: 2012-02

Total Pages: 287

ISBN-13: 019975537X

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Children born out of wedlock were commonly stigmatized as "bastards" in early modern France. Deprived of inheritance, they were said to have neither kin nor kind, neither family nor nation. Why was this the case? Gentler alternatives to "bastard" existed in early modern French discourse, and many natural parents voluntarily recognized and cared for their extramarital offspring.Drawing upon a wide array of archival and published sources, Matthew Gerber has reconstructed numerous disputes over the rights and disabilities of children born out of wedlock in order to illuminate the changing legal condition and practical treatment of extramarital offspring over a period of two and half centuries. Gerber's study reveals that the exclusion of children born out of wedlock from the family was perpetually debated. In sixteenth- and seventeenth-century France, royal law courts intensified their stigmatization of extramarital offspring even as they usurped jurisdiction over marriage from ecclesiastic courts. Mindful of preserving elite lineages and dynastic succession of power, reform-minded jurists sought to exclude illegitimate children more thoroughly from the household. Adopting a strict moral tone, they referred to illegitimate children as "bastards" in an attempt to underscore their supposed degeneracy. Hostility toward extramarital offspring culminated in 1697 with the levying of a tax on illegitimate offspring. Contempt was never unanimous, however, and in the absence of a unified body of French law, law courts became vital sites for a highly contested cultural construction of family. Lawyers pleading on behalf of extramarital offspring typically referred to them as "natural children." French magistrates grew more receptive to this sympathetic discourse in the eighteenth century, partly in response to soaring rates of child abandonment. As costs of "foundling" care increasingly strained the resources of local communities and the state, some French elites began to publicly advocate a destigmatization of extramarital offspring while valorizing foundlings as "children of the state." By the time the Code Civil (1804) finally established a uniform body of French family law, the concept of bastardy had become largely archaic.With a cast of characters ranging from royal bastards to foundlings, Bastards explores the relationship between social and political change in the early modern era, offering new insight into the changing nature of early modern French law and its evolving contribution to the historical construction of both the family and the state.