Family Law Prof Blog

Editor: Margaret Ryznare
Indiana University
Robert H. McKinney School of Law

Wednesday, September 20, 2017

Feminists and Campus Assault Policy

From The Boston Globe:

When Education Secretary Betsy DeVos last week announced plans to revise the nation’s guidelines on campus sexual assault, the predictable din of outrage drowned out the applause from some unlikely corners of college campuses: Many liberals actually approve.

Groups of Harvard Law scholars, feminist lawyers, and other university professors had long argued that the Obama-era policy for policing student sexual charges was unfair, creating a Kafkaesque system that presumed guilt rather than innocence. Now, those academics find themselves atypically aligned with the Trump administration on an issue as contentious as sexual violence.

Read more here.

September 20, 2017 | Permalink | Comments (0)

Tuesday, September 19, 2017

Shared Parenting for Kids

From Boston Herald:

What two factors vastly increase the likelihood of a healthy and happy future for kids after divorce?

Mom and Dad.

With the important exception of children who need protection from an abusive or negligent parent, “shared parenting should be the norm for parenting plans for children of all ages, including very young children,” said Linda Nielsen, a professor of adolescent and educational psychology at Wake Forest University.

It’s difficult to believe that, in 2017, this even is a question. But statistics show that mothers still are awarded full physical custody of children in more than 80 percent of court-ordered child custody cases.

One big reason for the inequity is a decadeslong belief by judges and others that conflict between divorcing parents (which is to be expected at this difficult passage) will cause too much stress for children. Those wary of establishing shared parenting argue that it places­ children in the middle of disagreements, pressures them into loyalty conflicts or forces them to side with one parent against the other.

Their thinking is that it’s better to formally place the children in Mom’s household for stability and let Dad parent one night a week and every other weekend.

In a new study, Nielsen re-examined this notion — with surprising results.

“The role of conflict has too often been exaggerated and should not be the determining factor in child cus­tody decisions,” said Nielsen, who has researched father-daughter bonds for more than 25 years.

Read more here.

September 19, 2017 | Permalink | Comments (0)

Monday, September 18, 2017

Hacker: "Legalized Families in the Era of Bordered Globalization"

Prof. Daphna Hacker (Law Faculty and Women and Gender Studies Program) has published Legalized Families in the Era of Bordered Globalization (Global Law Series) with Cambridge University Press.  Here is the book description:

Providing a panoramic and interdisciplinary perspective, this book explores the interrelations between globalization, borders, families and the law. It considers the role of international, multi-national and religious laws in shaping the lives of the millions of families that are affected by the opportunities and challenges created by globalization, and the ongoing resilience of national borders and cultural boundaries. Examining familial life-span stages - establishing spousal relations, raising children and being cared for in old age - Hacker demonstrates the fruitfulness in studying families beyond the borders of national family law, and highlights the relevance of immigration and citizenship law, public and private international law and other branches of law. This book provides a rich empirical description of families in our era. It is relevant not only to legal scholars and practitioners but also to scholars and students within the sociology of the family, globalization studies, border studies, immigration studies and gender studies.

The book is available for purchase here on Amazon.

September 18, 2017 | Permalink | Comments (0)

Sunday, September 17, 2017

Marital Effect on the Heart

From TIME:

People's heart health, many studies have concluded, is very connected to the health of their relationships. Research consistently shows that happily married people have lower levels of coronary heart disease, the world's No. 1 killer, than divorced, single or separated people Divorce is linked to such heart diseases as coronary atherosclerosis, for example. (Insert your own heartbreak joke here.) But a new study suggests that the relationship between long term relationships and cardiac health may be more complex than it looks.

Read more here.

September 17, 2017 | Permalink | Comments (0)

Saturday, September 16, 2017

Naomi Cahn Wins Lifetime Achievement Award in Family Law

From GW Law:

Naomi R. Cahn, Harold H. Greene Professor of Law and Associate Dean for Research and Faculty Development, was awarded the Harry Krause Lifetime Achievement in Family Law Award by the University of Illinois College of Law on September 14. The award recognized Professor Cahn's extensive scholarly contributions to the understanding of the family and family law. The law school also highlighted her impact in shaping family law through her writing, advocacy, public service, and mentoring of younger colleagues in the field. Having written eleven books and numerous law review articles, Professor Cahn's work spans a wide number of family law topics including feminist jurisprudence, reproductive technology, marriage, elder care, trusts and estates, and fertility.

Professor Cahn was the fourth recipient of the Harry Krause Family Law Award. Previous awardees include:

  • Harry D. Krause, Max L. Rowe Professor Emeritus at the University of Illinois College of Law, for whom the award is named;
  • William Eskridge Jr., John A. Garver Professor of Jurisprudence at the Yale Law School;
  • John Witte Jr., Robert W. Woodruff Professor of Law and McDonald Distinguished Professor at Emory Law.

During the event, Professor Cahn also gave a lecture on one of her newest family law topics of concentration: the legal ramifications of genetically modified human embryos. She explored how these developments foster new questions about the recognition, or nonrecognition, of legal rights and the policy choices concerning the future of reproductive technology.

Professor Cahn continues to research and write on emerging trends and legal issues related to family law.

Read the article here.

September 16, 2017 | Permalink | Comments (0)

Friday, September 15, 2017

$35M Youth Detention Facility Opens in Baltimore

From The Baltimore Sun:

After community resistance stifled past plans, juveniles charged as adults in Baltimore will be held in a new $35 million detention center that state corrections officials say is better equipped to rehabilitate them.

“We intend to use this facility to help change the lives of our troubled youth,” Maryland Public Safety and Correctional Services Secretary Stephen T. Moyer said Friday during a media tour of the 60,537-square-foot, two-story Youth Detention Center at 926 Greenmount Ave.

Read more here.

September 15, 2017 | Permalink | Comments (0)

Thursday, September 14, 2017

Bizarre Prenups

From Marketwatch:

Would you be willing to alter your behavior to tie the knot?

Katie Holmes and Jamie Foxx made waves when they were spotted holding hands on a beach in Malibu this week. Although the couple has been reportedly dating for five years, it was the first time they were seen together in public — allegedly because Tom Cruise had a clause in his divorce settlement with Holmes prohibiting her from publicly dating another man after their divorce for a certain period of time. (Representatives for Holmes, Foxx, and Cruise did not respond to requests for comment).

Read more here.

September 14, 2017 | Permalink | Comments (0)

Wednesday, September 13, 2017

From The Wall Street Journal:

The Equal Employment Opportunity Commission said Wednesday that it has sued Estée Lauder Companies Inc., accusing the beauty giant of violating federal law when it awarded male employees fewer weeks of parental leave than female workers receive.

Read more here.

September 13, 2017 | Permalink | Comments (0)

Edith Windsor Dies at Age 88

From CNN:

Edith Windsor, the plaintiff in the 2013 United States Supreme Court case that struck down a federal law defining marriage as between a man and a woman, has died at 88, according to her lawyer.

Windsor's death was first reported by The New York Times.
As the lead plaintiff in the legal challenge to the Defense of Marriage Act in 2013, Windsor was a hero to supporters of LGBT rights, who credited the SCOTUS ruling in her case as being the first step to an eventual ruling two years later that cleared the way for same-sex marriage nationwide.
Read more here.

September 13, 2017 | Permalink | Comments (0)

Tuesday, September 12, 2017

DC and Child Support Amnesty

From The Washington Post:

Nearly 40 percent of parents who are obligated to pay child support in the District of Columbia are behind in their payments. Now, the office of the attorney general is trying to get some of them back on track — and recoupe some of an estimated cumulative $250 million in unpaid child support — by offering an amnesty program.

Read more here.

September 12, 2017 | Permalink | Comments (0)

Monday, September 11, 2017

Salvador Dali Paternity Disclaimed

From CBS News:

MADRID -- A paternity test has disproved a Spanish woman's claim that she is the daughter of surrealist artist Salvador Dali, the deceased painter's foundation announced Wednesday. 

Read more here.

September 11, 2017 | Permalink | Comments (0)

Sunday, September 10, 2017

Divorce Rates By Occupation

From Quartz News:

Much ink has been spilled over divorce rates in the United States: they’re rising; they’re falling; they’ve barely changed in the past 50 years. In reality, while Americans are getting married later, the 50% divorce rate statistic is a myth. Divorce rates vary by factors like race, education level, and employment status, and now we have a pretty good picture of how they vary by occupation.

Read more here.

September 10, 2017 | Permalink | Comments (0)

Saturday, September 9, 2017

Kentucky Trial Threatens Last Abortion Clinic

From NPR:

Kentucky is down to only one clinic that performs abortions: the EMW Women's Surgical Center in Louisville. A trial kicking off Wednesday morning in federal court in Louisville will decide whether Kentucky will become the first state without a single such clinic.

Republican Gov. Matt Bevin tried to shut down the EMW center earlier this year after his administration told the clinic it was failing to meet state health regulations requiring clinics that provide abortions to have transfer agreements with local hospitals and ambulance services in case of medical emergencies.

Read more here.

September 9, 2017 | Permalink | Comments (0)

Friday, September 8, 2017

Fed Judge Blocks Texas on Abortion

From CBS News:

AUSTIN, Texas -- A federal judge late Thursday temporarily blocked Texas from enforcing new anti-abortion measures Gov. Greg Abbott signed in response to a U.S. Supreme Court ruling that struck down more sweeping abortion limits. 

Read more here.

September 8, 2017 | Permalink | Comments (0)

Thursday, September 7, 2017

Australian TV Ad Opposing Gay Marriage

From The New York Times:

SYDNEY, Australia — The first television advertisement advocating a “no” vote in the coming postal survey on legalizing same-sex marriage in Australia aired Tuesday night, with the message that legalization would have damaging effects on children’s experience of gender and sexuality.

Read more here.

September 7, 2017 | Permalink | Comments (0)

Wednesday, September 6, 2017

Child Marriage Loopholes

From NPR:

Child marriage isn't just a practice that victimizes girls in poor countries. As this blog has previously reported, it's also long been an issue in the United States, involving girls from a wide range of backgrounds. Based on state marriage license data and other sources, advocacy groups and experts estimate that between 2000 and 2015 alone, well over 200,000 children — nearly all of them girls — were married. In nearly all cases the husband was an adult.

Read more here.

September 6, 2017 | Permalink | Comments (0)

Tuesday, September 5, 2017

Criminal Courts Failing Juveniles

From The Nation:

Getting in trouble and getting punished is a natural part of adolescence. But for some teens the punishment is worse than the crime, executed not by a stern parent but by a county judge who leaves them defenseless.

According to a new analysis of youth in court systems, criminal-defense lawyers for young people in many communities are substandard, prohibitively costly, or just completely unavailable. Every day, kids who haven’t even grasped algebra are left to navigate on their own a system that confounds even the most skilled attorneys.

Read more here.

September 5, 2017 | Permalink | Comments (0)

Monday, September 4, 2017

Chile's Female President

From The Washington Post:

Latin America has some of the world’s most restrictive abortion laws. Yet it also leads the world in electing female presidents — including Chilean President Michelle Bachelet.

Last week, Chile’s Constitutional Court ruled in favor of a reproductive rights bill sponsored by Bachelet and passed by the congress. The new law will legalize abortions when the mother is at risk, when the fetus is unviable or when the pregnancy resulted from rape. Chile previously banned abortion in all instances.

Read more here.

September 4, 2017 | Permalink | Comments (0)

Sunday, September 3, 2017

India Supreme Court Strikes Down Instant Divorce

From The Washington Post:

NEW DELHI — India’s highest court struck down a legal provision on Tuesday that allowed Muslim men to instantly divorce their wives, taking a stand against a practice increasingly deemed unacceptable in the Muslim world.

Read more here.

September 3, 2017 | Permalink | Comments (0)

Saturday, September 2, 2017

Chile Legalizes Gay Marriage

From The Independent:

Chilean President Michelle Bachelet has introduced a bill to legalise gay marriage, the latest in a series of recent reforms in a country long regarded as one of Latin America’s most socially conservative.

Read more here.

September 2, 2017 | Permalink | Comments (0)