March 6, 2009
Protective order in Rhianna v. Chris Brown
For those of you who like to incorporate celebrity family law disputes in your teaching, a copy of the actual restraining order issued against Chris Brown can be found at http://www.etonline.com/documents/et_cbrown_minuteandprotectiveorder_090306.pdf
Money Matters During Marriage
Associate Professor Alicia Brokars Kelly of Weidener University School of Law has posted to SSRN her article, Money Matters in Marriage: Unmasking Interdependence in Ongoing Spousal Economic Relations, forthcoming in the Louisville Law Review (2008). Her abstract of the article indicates that:
This Article presents a rare exploration of the interactions among money, marriage and law while the relationship is ongoing. Using insights on the relational landscape from the social sciences as a lens, I examine the law’s regulation of spousal economic relations and its account of and potential impact within a functioning marriage. Building on my previous work, my claim is that the law governing money in marriage should be grounded on a distinctive and clarified model of partnership marriage that understands the relationship to be of equal persons who join forces to share the burdens and benefits of a shared life. Contrary to the view that a partnership ideal is not well suited for the task, the framework I propose includes and advances the values of sharing and intimacy, but also supports individual autonomy and equality. Uniquely bringing together and evaluating contemporary marital property regimes and the duty of support, I critique the majority approach to both as it privileges a solitary market achievement model of wealth acquisition, disregarding unpaid work. This hyper-individualistic view works to perpetuate gender hierarchy and threatens individual autonomy, and at the same time undermines the norms of sharing and interdependence that are central to the relationship. In contrast, I endorse the shared and equal ownership rule in community property states as it rightly reflects the values of partnership marriage, and I argue for adoption of default rules of shared control over much marital wealth. Partnership marriage also demands a transformation of the duty of support into a simpler and broader egalitarian rule of shared marital wealth, untied from dependency—and enforceable even during marriage.
Download the article at SSRN (last visited March 6, 2009 bgf)
Report -- Youth Transitioning Out of Foster Care
States require youth to leave foster care at ages that vary from 18 to 21. Abundant research shows that children who are "emancipated" directly from foster care to adulthood are at "high risk for a number of adverse outcomes during their transition to adulthood, including economic insecurity, housing instability, criminal justice involvement, and early child-bearing." Chapin Hall at the University of Chicago recently issued a report reviewing state "policies and procedures designed to support youth transitioning out of foster care." (free registration on the Chapin Hall website may be required to access the free report)
March 5, 2009
Proposition 8 Arguments
Today, the California Supreme Court heard oral arguments for three hours on the challenge to California's Proposition 8. I've blogged about the arguments on ConLawProf here.
Conference: Comparative Family Law
March 3, 2009
DOMA section 3 Challenge Filed
Gay & Lesbian Advocates & Defenders (GLAD) filed a 92 page complaint today in the US District Court for Massachusetts. Same-sex marriage has been recognized as a matter of state law in Massachusetts since the state’s highest court decided Goodridge v. Dept. of Public Health, 798 N.E.2d 941 (Mass. 2003).
I've discussed this over at the Con Law Prof Blog here.
March 2, 2009
Conference Announcement: AFCC
The Association of Family and Conciliation Courts (AFCC)’s 46th annual conference will be held at the Sheraton New Orleans, May 27-30, 2009. The conference, titled "Children, Courts and Custody: Back to the Future or Full Steam Ahead?" will examine how family law research, practices and processes have evolved over the years, paradigms have shifted, controversies have arisen and myths have been debunked. The program features 70 workshops, including three-hour advanced sessions, three plenary sessions and your choice of six day-long pre-conference institutes. There will be nearly 200 world class presenters, including plenary presenters Paul Amato, Ph.D., Jennifer McIntosh, Hon. Peter Boshier, Daniel Goldberg, LL.B., Mindy Mitnick, M.Ed., Mary E. O’Connell, J.D., Arnold T. Shienvold, Ph.D., Hon. R. James Williams, and moderators Dianna Gould-Saltman, J.D., Jana B. Singer J.D., and Andrew Schepard, J.D. Conference sessions will cover a range of topics examining challenges to conventional child custody wisdom including assertions about 50/50 parenting, the child’s role in the process, the resiliency of children after divorce, the changing role of the court systems in resolving family disputes and more. The Conference will be held at the Sheraton New Orleans, located on Canal Street at the edge of the French Quarter. For more information, to view the conference brochure or to register visit AFCC online at www.afccnet.org. (last visited March 2, 2009 bgf)