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Table of Cases xv
Preface xxiii
Private Family Choices: Constitutional Protection for the Family and Its Members 1
Evolution of the Right to Privacy 1
The Birth of Privacy 1
Meanings of Privacy 1
Roots of Privacy 2
The Growth of Privacy 2
Abortion as a Private Choice 2
Anti-Abortion Laws: Historical and Philosophical Perspectives 3
Burdens on Privacy 3
Gonzales v. Carhart 3
Notes and Questions 16
The Liberation of Privacy 29
When Privacy Rights Conflict 31
Wives and Husbands 31
Children and Parents 31
Life and Death 34
Getting Married 35
Introduction: Public versus Private Dimensions of Courtship and Marriage 35
Courtship Patterns 35
Preparing to Marry: Premarital Controversies 36
Breach of Promise to Marry 36
Gifts in Contemplation of Marriage 38
Premarital Contracts 40
Getting Married: Substantive and Procedural Regulations 43
Constitutional Limits on State Regulationof Entry into Marriage 43
Evan Wolfson, Loving v. Virginia-and Mrs. Loving-Speak to Us Today 43
State Regulation of Entry into the Marital Relationship 46
Substantive Restrictions 46
Capacity to Marry 46
Same Sex 46
In re Marriage Cases 46
Problem 65
Incest 66
Bigamy 67
Age 70
State of Mind Restrictions: Fraud and Duress 72
Procedural Restrictions 74
Licensure and Solemnization 74
Letter to the Editor, Declaring Muslim Marriages Void Will Have Ruinous Effect on Wives 74
Informal Marriages 78
Common Law Marriage 78
The Putative Spouse Doctrine and Other Curative Devices 80
Being Married: Regulation of the Intact Marriage 81
Roles and Responsibilities in Marriage 81
Duty of Support 81
Names in the Family 82
Employment 85
Parenting 86
Balancing Work and Family 86
Tort and Criminal Law 92
Tort Actions Against Third Parties: Alienation of Affections and Criminal Conversation 92
Bailey v. Faulkner 93
Notes and Questions 96
Tort Actions Between Spouses 98
Interspousal Immunity 98
Wiretapping 100
Problem 101
Domestic Violence: Wife Beating 101
Battered Woman Syndrome 101
Duties of Law Enforcement 105
Testimony of Jessica Gonzales before the Inter-American Commission on Human Rights 105
Crimes: Marital Rape 111
Evidentiary Privileges Arising from the Marital Relationship 111
Alternative Families 113
Definitions of Family 113
The Extended Family 113
Peggy Cooper Davis, Moore v. East Cleveland: Constructing the Suburban Family 113
Cohabitation: Unmarried Couples 115
Traditional Response: Criminal Sanctions 115
Unmarried Couples' Rights Inter Se 116
Unmarried Couples, Third Parties, and the State 119
Tort Recovery 119
Employment 121
Health 123
Domestic Violence 124
State v. Carswell 124
Notes and Questions 127
Familial Benefits: Housing, Inheritance, Adoption 128
Parents' and Children's Rights in the Nonmarital Family 132
Support Rights of Nonmarital Children 132
Limitations on Unmarried Parents' Rights 135
Extending Paternity Laws to Same-Sex Couples 140
Divorce 145
Introduction 145
Divorce as a Historical Phenomenon 145
Fault-Based Defenses 146
Recrimination 146
Condonation 146
No-Fault Divorce 147
Divorce Reform 147
Update: Divorce Reform in New York 147
Early Problems of No-Fault 148
Problem 148
Legal Problems Raised by No-Fault Divorce 148
What Role for Fault? 148
Assessment of the No-Fault "Revolution" 151
Divorce Reform: The Gay Divorce 151
Beth R. v. Donna M. 151
Gonzalez v. Green 154
Access to Divorce 158
Economic Obstacles 158
Problem 159
Access to Alternatives to Divorce 161
The Role of Counsel 162
Conflicts of Interest 162
Sexual Ethics 163
Iowa Supreme Court Attorney Disciplinary Board v. Morrison 162
Divorce Jurisdiction 166
Over the Plaintiff and Defendant 166
Durational Residency Requirements 167
Problem 167
Domestic Relations Exception to Diversity Jurisdiction 168
Financial Consequences of Dissolution 171
Property Distribution: From Title Theory to Contribution 171
Spousal Support: Theories of Need, Self-Sufficiency, and Beyond 172
"Winding Up" a Marriage: Applying Theories of Property and Support 172
Two Couples' Stories 172
Special Problems in Achieving a Fair Dissolution 174
Changing Circumstances 174
Problem 174
Bankruptcy 175
Pensions and Employee Benefits 176
Child Support 177
Parental Duties 177
Imposing Support Obligations: From Discretion to Guidelines 179
Modification of Child Support 180
Employment Changes 180
Enforcement 180
Imprisonment: Criminal Nonsupport and Contempt of Court 180
The Transformation of Enforcement: From Private to Public Responsibility 181
Congress Intervenes 181
The Challenge of Multistate Cases 182
Jurisdictional Limitations on Establishing Awards 182
Modification and Enforcement 182
Separation Agreements 183
Richardson v. Richardson 183
Child Custody 189
Introduction: Effects of Parental Divorce 189
Parental Disputes Concerning Child Custody 190
Standards for Selecting the Custodial Parent: What Should Be the Standard? 190
Presumptions? 190
Tender Years Presumption 190
Primary Caretaker Presumption 191
Best Interests of the Child? 192
Constitutional Factors 192
Race 192
Religion 193
Problem 193
Fitness 194
Sexual Orientation 194
Careers 197
Domestic Violence 198
Joint Custody: Presumption, Preference, or Option? 200
Standards Governing the Noncustodial Parent: Visitation 204
Restrictions on Visitation 204
Denial of Visitation 205
Standards Governing Parent versus Nonparent Disputes 205
The Role of Special Participants 208
The Child's Preference 208
Representation for the Child 209
Role of Experts 210
Modification 211
Standard 211
Relocation 211
Jurisdiction and Enforcement 214
What Process Should Govern Custody Disputes? 216
The Adversary System versus Mediation Process 216
State Regulation of the Parent-Child Relationship 219
Parental Autonomy: Family Privacy Revisited 219
Constitutional Doctrine and Limitations 219
Procedural Challenges 221
Child Abuse and Neglect 222
Introduction 222
The Abusive Parent and the Abused Child 222
Child Maltreatment 2006 222
Standards for Intervention in the Family 223
Defining the Threshold 223
Parental Privilege to Discipline 225
Problem 227
Neglect 228
Medical Neglect 228
Emotional Abuse and Neglect 230
Problem 230
Sexual Abuse 231
Problem 233
Procedures 235
Reporting Requirements 235
Hearsay and the Confrontation Clause 236
Dispositional Alternatives 238
Temporary Dispositions: Foster Care 238
Liability for Selection of Disposition 238
Monitoring the Provision of Foster Care 239
Permanent Disposition: Termination of Parental Rights 239
Standard of Proof 239
Reasonable Efforts Requirements 240
Children's Autonomy? 240
Emancipation 240
When Can Children Sue Their Parents? 241
Tortious Injury 241
"Divorce" Actions Against Parents 242
Problem 243
Adoption and Alternatives to Adoption 245
Parental Consent to Adoption 245
Validity and Revocability 245
Unmarried Fathers' Rights 246
Choosing an Adoptive Family 249
Placement Criteria 249
Matching 249
Sexual Orientation 252
The Attorney's Role 253
Equitable Adoption 254
Jurisdiction 255
Finstuen v. Crutcher 256
Notes and Questions 259
Consequences of Adoption 262
Legal Status of the Child 262
Stepparent and Second-Parent Adoptions 262
Secrecy versus Disclosure 264
"Open Adoption" 264
Adoption Failure 265
Alternatives to Adoption 266
Artificial Insemination 266
Creating Traditional Families 266
Creating Nontraditional Families 267
Jacob v. Shultz-Jacob 270
Notes and Questions 274
In Vitro Fertilization 277
Expanding Reproductive Privacy 277
Deciding the Fate of Frozen Embryos 277
IVF's Progeny: Egg Donation, Gestational Surrogacy, and "Embryo Adoption" 277
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Add Modern Family Law Supplement, The 2008 Supplement to Modern Family Law brings the third edition up to date through July 27, 2008. It includes major developments in the areas of abortion, same-sex marriage and same-sex divorce, polygamy, domestic violence, no-fault divorce refor, Modern Family Law Supplement to the inventory that you are selling on WonderClubX
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Add Modern Family Law Supplement, The 2008 Supplement to Modern Family Law brings the third edition up to date through July 27, 2008. It includes major developments in the areas of abortion, same-sex marriage and same-sex divorce, polygamy, domestic violence, no-fault divorce refor, Modern Family Law Supplement to your collection on WonderClub |