Saturday, November 5, 2011

Taking Care of Parents

From the Fiji Times Online:

THE Government is looking at amending the Family Law Act to make it mandatory for children to physically and financially take care of their parents as more and more of the country's elderly are beginning to live longer.

Permanent secretary for Women, Social Welfare and Poverty Alleviation Govind Sami told participants at a municipal consultative forum in Ba last week that the number of Fijians living beyond 80 years of age was rapidly increasing and as a result Fiji has to prepare itself for an ever-increasing ageing population moving into the year 2050.

Read more here.

MR

November 5, 2011 in Current Affairs | Permalink | Comments (1) | TrackBack (0)

Friday, November 4, 2011

Godsoe: "Parsing Parenthood"

Cynthia Godsoe (Brooklyn Law School) has posted "Parsing Parenthood" on SSRN.  Here is the abstract: 

The story public family law tells about parenthood is both inaccurate and normatively misguided. Parents are deemed “bad” because of their need for state support, and the parent-child relationship is accordingly devalued. This devaluation has resulted in costly and ineffective child welfare policies, embodied in the Adoption and Safe Families Act (ASFA) and related state laws. Child maltreatment costs an estimated 103.8 billion dollars annually, yet its incidence remains high. Thousands of youth “age out” of foster care each year as legal orphans, with no connection to a family and very poor prospects. 

This Article explores the consequences of this flawed framework, including the failure to recognize the socioeconomic factors underlying most child maltreatment and the disregard for the real ties between parents and children after families are separated. It argues that child welfare policies will not succeed until the underlying parenthood narrative changes; implicit cognitive biases channel even new interventions in a way that stigmatizes marginalized families and over-prioritizes adoption as a panacea. This Article concludes by considering some promising paths to remapping parenthood, incorporating lessons from the public health preventive approach and from the privatefamily law system’s disaggregation of parental rights and responsibilities.

AC

November 4, 2011 in Scholarship, Family Law | Permalink | Comments (2) | TrackBack (0)

The Dodgers and Divorce

We have followed the fate of the Dodgers in the midst of their owner's divorce.  Here comes the final update.  From the Washington Post,

The long, drawn-out and all-too-public battle between Los Angeles Dodgers owner Frank McCourt and Major League Baseball over control of the team finally appears to be coming to a close.

Late Tuesday McCourt reached an agreement to begin a “court-supervised process” to sell the Dodgers and its media rights to the league to maximize value for both team and owner. The sale of the team could also include Dodger Stadium.

Bud Selig and MLB took over day-to-day team operations back in April expressing concern that McCourt’s ongoing divorce proceedings were affecting his financial ability to run the franchise in the best interest of the team and its fans.

Read more here.

MR

November 4, 2011 in Current Affairs | Permalink | Comments (2) | TrackBack (0)

Data on Men

From CNN:

The data does not bode well for men. In 1970, men earned 60% of all college degrees. In 1980, the figure fell to 50%, by 2006 it was 43%. Women now surpass men in college degrees by almost three to two. Women's earnings grew 44% in real dollars from 1970 to 2007, compared with 6% growth for men.

In 1950, 5% of men at the prime working age were unemployed. As of last year, 20% were not working, the highest ever recorded. Men still maintain a majority of the highest paid and most powerful occupations, but women are catching them and will soon be passing them if this trend continues.

The warning signs for men stretch far beyond their wallets. Men are more distant from a family or their children then they have ever been. The out-of-wedlock birthrate is more than 40% in America. In 1960, only 11% of children in the U.S. lived apart from their fathers. In 2010, that share had risen to 27%. Men are also less religious than ever before. According to Gallup polling, 39% of men reported attending church regularly in 2010, compared to 47% of women.

Read more here.

MR

November 4, 2011 in Current Affairs | Permalink | Comments (1) | TrackBack (0)

Thursday, November 3, 2011

Texas Family Court Judge Caught Beating His Child on Video

 

AC

November 3, 2011 | Permalink | Comments (1) | TrackBack (0)

Adoption in Glee Misleading

From USA Today:

More than 2,600 people are asking Fox TV and its hit series Glee (Tuesdays, 8 p.m. ET/PT) to air public service announcements about the reality of adoption, arguing the show's current story line perpetuates "harmful" myths.

Amber Austin, who adopted a baby boy last year, began an online petition after watching Glee's Sept. 27 episode, in which Quinn (Dianna Agron) vows to get her baby girl back after placing her for adoption. Glee returns Tuesday after a two-week hiatus.

"What really bothers me," Austin says, is the suggestion that birth mothers can simply take back a child.

Read more here.

MR

November 3, 2011 in Adoption | Permalink | Comments (1) | TrackBack (0)

Wednesday, November 2, 2011

Family Law Faces Bieber

From Foxnews.com on the reported suit to establish (minor) Justin Bieber's paternity:

Teen idol Justin Bieber allegedly lost his virginity – and impregnated a young woman – during a 30-second tryst after a concert in Los Angeles late last year, according to a paternity suit filed Monday.

RadarOnline.com reports that Mariah Yeater, 20, filed court papers on October 31 stating that Bieber is the father of her three-month-old child.

Yeater could also be opening her up to a potential statutory-rape probe, however, as Bieber would have been 16 when the alleged incident occurred. 

California’s age of consent is 18.

Bieber's rep strongly denies the charges, telling RadarOnline.com: "While we haven't yet seen the lawsuit, it's sad that someone would fabricate malicious, defamatory, and demonstrably false claims. We will vigorously pursue all available legal remedies to defend and protect Justin against these allegations."

Regarding the statutory rape possibiilty, Steve Cron, a California defense lawyer, told the New York Post: “Under a normal situation, no harm, no foul ... I would think [prosecutors] might let it go. But under these circumstances, the DA’s office has to show they’re not treating women differently, not treating a celebrity differently, [and] they might have to do something.”

A hearing on the matter is scheduled for December 15.

Read the full article here.

AC

November 2, 2011 in Paternity | Permalink | Comments (2) | TrackBack (0)

Junior Faculty Forum: Request for Submissions

Stanford, Yale, and Harvard Law Schools announce the Junior Faculty Forum (the successor to the Stanford/Yale Junior Faculty Forum that has convened for the past twelve years) to be held at Harvard Law School on June 1-2, 2012, and seek submissions for this meeting.

The Forum's objective is to encourage the work of young scholars by providing experience in the pursuit of scholarship and the nature of the scholarly exchange.  Meetings are held each spring, alternating between Yale, Stanford, and Harvard.

Approximately twelve junior scholars (with one to seven years of teaching and who are not yet tenured) will be chosen on a blind basis from among those submitting papers to present.  One or more senior scholars, not necessarily from one of the host institutions, will comment on each paper.  The audience will include the invited young scholars, faculty from the host institutions, and invited guests.  The goal is discourse on both the merits of particular papers and on appropriate methodologies for doing work in that genre.  We hope that comment and discussion will communicate what counts as good work among successful senior scholars and will also challenge and improve the standards that now obtain.  The Forum also hopes to increase the sense of community among legal scholars generally, particularly among new and veteran professors.

Each year the Forum invites submissions on selected topics in public and private law, legal philosophy, and law and humanities -- alternating loosely between public law and humanities subjects in one year, and private and dispute resolution law in the next.  The focus of this year’s session will be public law and the humanities.  The topics to be addressed are:

Administrative Law                                                      

Constitutional Law

Criminal Law                                       

Employment Law, Social Welfare Policy, and Anti-Discrimination Law

Environmental Law

Family Law

Jurisprudence and Philosophy

Law and Humanities (including Law and Literature, Critical Legal Studies, and Gender Studies)

Legal History

Public International Law

There is no publication commitment associated with the Forum, nor is published work eligible. The host institution will pay presenters' travel expenses and provide accommodation; presenters will be required to attend the entire Forum schedule.  Paper submissions for the Forum should be sent to Ms. Kaitlin Burroughs at Harvard Law School (1525 Massachusetts Avenue, Cambridge, MA 02138). Electronic submissions should be sent to kburroughs@law.harvard.edu. The deadline for submission is February 15, 2012. Please note on the cover letter which topic your paper falls under.

Inquiries concerning the Forum should be sent to Adriaan Lanni (adlanni@law.harvard.edu) or Gabriella Blum (gblum@law.harvard.edu) at Harvard Law School, Joseph Bankman at Stanford Law School (jbankman@stanford.edu), or Ian Ayres at Yale Law School (ian.ayres@yale.edu).  We very much hope that young scholars will submit work.  If the strong commitment of the host schools can make it so, participation at the Forum will benefit presenters and the profession.

                                    Ian Ayres, Joseph Bankman, Gabriella Blum, and Adriaan Lanni             

November 2, 2011 in Scholarship, Family Law | Permalink | Comments (1) | TrackBack (0)

Family Law Changes in Libya?

From BlueRidgeNow:

TRIPOLI, Libya — It was just a passing reference to marriage in a leader’s soberly delivered speech, but all week it has unsettled women here as well as allies abroad.

In announcing the success of the Libyan revolution and calling for a new, more pious nation, the head of the interim government, Mustafa Abdel-Jalil, also seemed to clear the way for unrestricted polygamy in a Muslim country where it has been limited and rare for decades.

Read more here.

MR

November 2, 2011 in Current Affairs | Permalink | Comments (1) | TrackBack (0)

Tuesday, November 1, 2011

Godsoe: Parsing Parenthood

Cynthia Godsoe (Brooklyn Law School) has posted “Parsing Parenthood” on SSRN.  Here is the abstract:

The story public family law tells about parenthood is both inaccurate and normatively misguided. Parents are deemed “bad” because of their need for state support, and the parent-child relationship is accordingly devalued. This devaluation has resulted in costly and ineffective child welfare policies, embodied in the Adoption and Safe Families Act (ASFA) and related state laws. Child maltreatment costs an estimated 103.8 billion dollars annually, yet its incidence remains high. Thousands of youth “age out” of foster care each year as legal orphans, with no connection to a family and very poor prospects.

This Article explores the consequences of this flawed framework, including the failure to recognize the socioeconomic factors underlying most child maltreatment and the disregard for the real ties between parents and children after families are separated. It argues that child welfare policies will not succeed until the underlying parenthood narrative changes; implicit cognitive biases channel even new interventions in a way that stigmatizes marginalized families and over-prioritizes adoption as a panacea. This Article concludes by considering some promising paths to remapping parenthood, incorporating lessons from the public health preventive approach and from the private family law system’s disaggregation of parental rights and responsibilities.

MR 



November 1, 2011 in Scholarship, Family Law | Permalink | Comments (1) | TrackBack (0)

Call for Entries

We are inviting academic editorial contributors to Cultural Sociology of Divorce: An Encyclopedia, a 3-volume library reference to be published in 2013 by SAGE Publications.
 
While the formal definition of divorce may be fairly concise and straightforward (the legal termination of a marital union, dissolving the bonds of matrimony between parties), the effects are anything but, particularly when children and other family members are involved. The Americans for Divorce Reform estimates that “probably, 40 or possibly even 50 percent of marriages will end in divorce if current trends continue." And outside the United States, there are markedly increased divorce rates across developed countries—divorce and its effects are a significant social factor in our culture and others. In fact, it might be said that a whole “divorce industry” has been constructed, with divorce lawyers and mediators, family counselors, support groups, etc. As King Henry VIII’s divorces showed, divorce has not always been easy or accepted. In some countries, divorce is not permitted and even in Europe, countries such as Spain, Italy, Portugal, and the Republic of Ireland only legalized divorce in the latter quarter of the twentieth century. This multi-disciplinary encyclopedia covers curricular subjects around the world ranging from marriage and the family to anthropology, social and legal history, family law, developmental and clinical psychology, and religion.  Three volumes, comprised of over 500 articles, illuminate what has become a culture of divorce and its impact on society.
 
This comprehensive project will be marketed to academic and public libraries as a print and digital product available to students via the library’s electronic services.  We are now making assignments with a deadline for submissions of December 30, 2011.
 
Each article, ranging from 900 to 4000 words, is signed by the contributor. The General Editor of the encyclopedia is Robert E. Emery, Ph.D., University of Virginia, who will review all the articles for editorial content and academic consistency.
 
If you are interested in contributing to the encyclopedia, it can be a notable publication addition to your CV/resume and broaden your publishing credits. Payment for the articles are honoraria that range from a $50 book credit from Sage Publications for article submissions up to 1,000 words up to a free copy of the encyclopedia for contributions totaling greater than 10,000 words. More than this, your involvement can help assure that credible and detailed data, descriptions, and analysis are available to students of divorce issues.
 
The complete list of available articles (Excel file) submission guidelines, and sample article are prepared and will be sent to you in response to your inquiry. Please then select which unassigned articles may best suit your interests and expertise.  (A shorter list of available entries related to divorce law only follows below).
 
If you would like to contribute to building a truly outstanding reference with Cultural Sociology of Divorce: An Encyclopedia, please contact me by the e-mail information below. Please provide a brief summary of your background in divorce issues. Thanks for your time and interest.
 
Lisbeth Rogers
Author Manager
Golson Media
divorce@golsonmedia.com<mailto:divorce@golsonmedia.com>
 
CURRENTLY AVAILABLE ENTRIES RELATED TO DIVORCE LAW (INCLUDING WORD COUNTS):

TOPICS:

Abandonment/Desertion  2,000
Absolute Divorce 1,200
Abuse of Children, Verbal and Physical (excluding sexual, as a cause of divorce) 2,000
Accountants, Certified Public (divorce) 1,400
Alexander, Paul W. (Judge) 1,500
Baha'i Faith 1,800
Bucer, Martin  1,500
Buddhism 2,000
Change, Children of Divorce and Fear of  1600
Child Support, Government Enforcement of  2,000
Childbearing Decisions (in culture of divorce) 1,600
Childless Divorce  1,400
Collectivism (in culture of divorce) 1,600
Custody of Children, Sole  2,200
Deadbeat Parents   1,800
Debt, Division of  2,500
Denigration of Marriage  1,500
Divorce, Late-Life 900
Divorce Law and Shorter vs. Longer Term Marriages  1750
Divorce Law-Asian Traditions 2,000
Divorce Negotiations, Legal Tactics in 2,000
Divorce, Culture of (Overview article, worldwide) 4,000
Divorce, Glamorized 1,400
Fortuna, Loris 1,200
Government Policies (in culture of divorce) 2,000
Growing Apart (as a cause of divorce) 1,800
Hetherington, E. Mavis  1,500
Hinduism  1,800
Huffington Post 1,200
Internet (as a cause of divorce) 1,500
Irreconcilable Differences 1,800
Job Performance (effects of divorce) 1750
Judges, Family Law 2,000
King, Larry  1,000
Lawyers, Divorce 3,000
Marriage, Avoidance of (as avoidance of divorce) 1,500
Milton, John 1,500
Orthodox Eastern Church 1,500
Pre-Nuptial Agreements  1,500
Property Division Law, U.S. History of  2,500
Property, Marital 2,200
Relocation Issues, Child 1,600
Roman Empire, History of Divorce in the  2,200
Sacred Loss, Divorce as a 1,400
Separation, Legal  2,000
Separation, Trial  2,000
Shifting Time Horizons (in culture of divorce) 1,500
Shinto 1,750
Simplified Divorce  2,500
Step-Parent's Child Custody Legal Rights (after a second divorce)  1,500
Summary/Simple Divorce  2,000
Tax Deductions, Child Related 1,200
Toddlers, Effects of Divorce/Custody on 1800
Uncontested Divorce vs. Contested Divorce  2,500
United States (contemporary)  4,000

US STATES:

Alabama 1,700
Arizona  1,500
Arkansas  1,500
Colorado 1,800
Connecticut 1,500
Delaware  1,500
Georgia (State) 1,500
Hawaii  1,500
Idaho 1,500
Kansas 1,500
Kentucky  1,500
Maine 1,500
Maryland 1,500
Michigan  1 ,500
Minnesota 1,500
Mississippi 1,500
Montana  1,500
New Jersey  1,500
New Mexico 1,500
New York 1,800
North Carolina  1,500
Ohio 1,500
Oklahoma  1,750
Pennsylvania  1,500
Rhode Island  1,500
Texas  1,500
Vermont  1,500
Virginia 1,500
Wyoming  1,750
South Carolina  1,500
South Dakota  1,500
Washington  1,500

COUNTRIES:

Dominica   900 Caribbean Island
Dominican Republic  900 Caribbean Island
Grenada  900 Caribbean Island
Kiribati   900 Pacific Island
Marshall Islands    900
Mauritius    900 Island off Southeast Africa
Oman    900 Arab State
Palau    900 Pacific Island
Solomon Islands    900
Ukraine  900

 

November 1, 2011 in Scholarship, Family Law | Permalink | Comments (2) | TrackBack (0)

Monday, October 31, 2011

                                              Halloween9 

  Halloween7  

   



October 31, 2011 | Permalink | Comments (1) | TrackBack (0)