Family Law in America


Book Description

This volume examines the state of family law in America. Among its themes is the tension between individual autonomy and governmental regulation in all aspects of family law. It examines both conventional and new definitions of formal and informal domestic relationships.







New Jersey Family Law


Book Description







Russian Legal Realism


Book Description

This edited volume explores ideas of legal realism which emerge through the works of Russian legal philosophers. Apart from the well-known American and Scandinavian versions of legal realism, there also exists a Russian one: readers will discover fresh perspectives and that the collection of early twentieth century ideas on law discussed in Russia can be understood as a unified school of legal thought – as Russian legal realism. These chapters by renowned European and Eastern European legal philosophers add to ongoing discussions about the nature of law, especially in the context of developments around our scientific knowledge about the mind and behaviour. Analyses of legal phenomena carried out by legal realists in Russia offer novel arguments in favour of embracing psychological and sociological perspectives on the law. The book includes analysis of the St. Petersburg school of legal philosophy and Leon Petrażycki’s psychological theory of law. This original and multifaceted research on Russian realists is of considerable value to an international audience. Researchers and postgraduate students of law, legal theory and legal ethics will find the book particularly appealing, but it will also interest those investigating the philosophy or sociology of law, or legal history.




Family Law in a Nutshell


Book Description

Family law draws from constitutional law as well as from criminal law, conflict laws, and the laws of contracts, torts, property, inheritance, and even taxation. This comprehensive review inspects the creation of marriage relationships, spousal rights and obligations, parent and child relationships, marriage termination, and the economic consequences of divorce.




Clinician's Guide to Child Custody Evaluations


Book Description

Comprehensive coverage of every phase of the child custody evaluation process Does a clinician hired by a parent’s attorney bear the same responsibilities as a court-appointed psychologist? What are the most effective techniques for determining whether an alleged abuse has actually occurred? Which factors should be considered when determining whether a parent should be granted custody? Clinician’s Guide to Child Custody Evaluations, Second Edition answers these questions and hundreds more as it provides step-by-step guidance through every aspect of this sensitive and profoundly important process. Employing riveting case studies drawn from the more than 1,800 custody evaluations he has performed, Dr. Marc Ackerman provides authoritative guidelines for: Conducting interviews, observing behavior, and collecting collateral information Psychological testing and administering ASPECT and other custody instruments Evaluating parental behavior Reporting evaluation results Testifying in court This remarkably thorough resource offers completely up-to-date coverage of recent legal decisions affecting child custody, new surveys on what judges and attorneys want from evaluations, and new chapters on placement schedules and second-opinion evaluations. Clinician’s Guide to Child Custody Evaluations, Second Edition is must reading for every mental health professional who is–or would like to be–involved in child custody evaluations.




Drafting Prenuptial Agreements


Book Description

Prenuptial agreements have exploded over the past 20 years, not only among celebrities, but also for all types of people who desire to protect, manage, or enhance their personal, family, or business assets against foreseen and unforeseen circumstances. Attorneys have been assigned the task of cutting through a morass of issues to create agreements that achieve the goals of their clients while meeting complex, and often subtle, legal requirements. Drafting Prenuptial Agreements is the first guidebook ever to cover this growing area of family law. Written by Gary N. Skoloff and Richard H. Singer, Jr., Skoloff and& Wolfe, Livingston NJ, and Ronald L. Brown, Editor, American Journal of Family Law, Aspen Publishers, Drafting Prenuptial Agreements presents a pragmatic approach to preparing successful agreements quickly and effectively in any situation by grouping together and identifying the common areas that need to be addressed. The authors guide you through planning the agreement and the types of issues to discuss with different clients. This thoughtful organization gives you easy access to the tools you need to clearly present the range of choices to be addressed in each type of agreement and situation. Five sample agreements create broad groupings of issues which let you quickly zero in on the concerns parties at specific stages of life and affluence are most likely to want covered by their prenuptial agreement: YOUNG-YOUNG, EQUAL ASSETSand—For young people in the early stages of promising careers, where each has some assets and wants to protect these, as well as their careers, as separate property. YOUNG-YOUNG, DISPROPORTIONATE ASSETSand—For people of middle age or younger, where one already has, or is likely to acquire, substantial assets, and wants to protect these assets as separate property, while reasonably providing for the needs of the marriage, as well as the spouse and any children upon divorce. YOUNG-OLD, DISPROPORTIONATE ASSETSand—For a couple with a large age disparity, where the older party has substantial wealth which he or she wants to preserve for his or her estate, and also wants to provide for disability or incapacity. OLD-OLD, DISPROPORTIONATE ASSETSand—For an elderly couple, where one party has substantially fewer assets than the other, yet is comfortable, and where both want to protect their separate property, provide for a comfortable lifestyle during the marriage and reasonably provide for the spouse with fewer assets upon death or divorce. OLD-OLD, EQUAL ASSETSand—For older parties with similar assets who want to protect their property as separate, yet provide an arrangement by which they can live commensurate with their resources. Drafting Prenuptial Agreements includes a CD-ROM with sample agreements and hundreds of time-saving clauses!




Privilege or Punish


Book Description

This book answers two basic but under-appreciated questions: first, how does the American criminal justice system address a defendant's family status? And, second, how should a defendant's family status be recognized, if at all, in a criminal justice system situated within a liberal democracy committed to egalitarian principles of non-discrimination? After surveying the variety of "family ties benefits" and "family ties burdens" in our criminal justice system, the authors explain why policymakers and courts should view with caution and indeed skepticism any attempt to distribute these benefits or burdens based on one's family status. This is a controversial stance, but Markel, Collins, and Leib argue that in many circumstances there are simply too many costs to the criminal justice system when it gives special treatment based on one's family ties or responsibilities. Privilege or Punish breaks new ground by offering an important synthetic view of the intersection between crime, punishment, and the family. Although in recent years scholars have been successful in analyzing the indirect effects of certain criminal justice policies and practices on the family, few have recognized the panoply of laws (whether statutory or common law-based) expressly drawn to privilege or disadvantage persons based on family status alone. It is critically necessary to pause and think through how and why our laws intentionally target one's family status and how the underlying goals of such a choice might better be served in some cases. This book begins that vitally important conversation with an array of innovative policy recommendations that should be of interest to anyone interested in the improvement of our criminal justice system.




PARENTAL ALIENATION


Book Description

Parental Alienation: The Handbook for Mental Health and Legal Professionals is the essential “how to” manual in this important and ever increasing area of behavioral science and law. Busy mental health professionals need a reference guide to aid them in developing data sources to support their positions in reports and testimony. They also need to know where to go to find the latest material on a topic. Having this material within arm’s reach will avoid lengthy and time-consuming online research. For legal professionals who must ground their arguments in well thought out motions and repeated citations to case precedent, ready access to state or province specific legal citations spanning thirty-five years of parental alienation cases is provided here for the first time in one place. • Over 1000 Bibliographic Entries• 500 Cases Examined• 25 Sample Motions in MS Word Format* *Note: The eBook version contains the additional supplemental materials in PDF format only. It does not contain the MS Word formatted sample motions.