This book examines the present state of family law in America. This third edition captures recent developments, including the transformation of the institution of marriage to encompass same-sex marriage. In the discussion of same-sex marriage, Professor Katz analyses each opinion, majority and dissenting, in the case of Obergefell v. Hodges, the United States Supreme Court case that lifted the ban on same-sex marriage. Themes include the tension between individual autonomy and governmental regulation in all aspects of family law, the extent to which relationships established before marriage are being regulated, and how marriage is being redefined to take into account gender equality and the legal recognition of same-sex marriage. It demonstrates how the definition of marriage as a partnership in which the individual spouse's rights are recognized has resulted in protection of the vulnerable spouse. It also examines fault and no-fault divorce procedures and the extent to which these procedures reflect social realities. This volume describes state intervention into the parent and child relationship and how this is reflected in the re-examination of the privacy of the family unit. It concludes with a discussion of the conventional model of adoption of children and how new assisted reproductive technologies are having an impact on family formation, particularly adoption, to take into account new family forms.

People are leading significantly longer lives than previous generations did, and the proportion of older people in the population is growing. Residential care for older people will become increasingly necessary as our society ages and, we will require more of it. At this moment in time, the rights of older people receive attention at international and regional levels, with the United Nations, the Organization of American States and the African Union exploring the possibility of establishing new conventions for the rights of older persons. This book explores the rights of older people and their quality of care once they are living in a care home, and considers how we can commence the journey towards a human rights framework to ensure decent and dignified care for older people. The book takes a comparative approach to present and future challenges facing the care home sector for older people in Africa (Kenya), the Arab world (Egypt), Australia, China, England, Israel, Japan and the USA. An international panel of experts have contributed chapters, identifying how their particular society cares for its older and oldest people, the extent to which demographic and economic change has placed their system under pressure and the role that residential elder care homes play in their culture. The book also explores the extent to which constitutional or other rights form a foundation to the regulatory and legislative structures to residential elder care and it examines the important concept of dignity. As a multi-regional study of the care of older person from a human rights perspective, this book will be of excellent use and interest, in particular to students and researchers of family and welfare law, long-term care, social policy, social work, human rights and elder law.

Each year more than 2 million Americans get divorced, and most of them use a lawyer. In closed-door conversations between lawyers and their clients strategy is planned, tactics are devised, and the emotional climate of the divorce is established. Do lawyers contribute to the pain and emotional difficulty of divorce by escalating demands and encouraging unreasonable behavior? Do they take advantage of clients at a time of emotional difficulty? Can and should clients trust their lawyers to look out for their welfare and advance their long-term interests?
Austin Sarat and William L. F. Felstiner's new book, based on a pioneering and intensive study of actual conferences between divorce lawyers and their clients, provides an unprecedented behind-the-scenes description of the lawyer-client relationship, and calls into question much of the conventional wisdom about what divorce lawyers actually do. Divorce Lawyers and Their Clients suggests that most divorces are marked less by a pattern of aggressive advocacy than by one of inaction and drift. It uncovers reasons why lawyers find divorce practice frustrating and difficult and why clients frequently feel dissatisfied with their lawyers. This new work provides a unique perspective on the dynamics of professionalism. It charts the complex and shifting ways lawyers and clients "negotiate" their relationship as they work out the strategy and tactics of divorce.
Sarat and Felstiner show how both lawyers and clients are able to draw on resources of power to set the agenda of their interaction, while neither one is fully in charge. Rather, power shifts between the two parties; where it is achieved, power is found in the ability to have one'sunderstandings of the social and legal worlds of divorce accepted. Power then works through the creation of shared meanings. Divorce Lawyers and Their Clients examines the effort to create such shared meanings about the nature of marriage and why marriages fail, the operation of the legal process, and the best way to bring divorces to closure. It will be fascinating reading for anyone who is going through a divorce, or has gone through one, as well as for lawyers, judges, and scholars of law and society.

Triple talaq, or talaq-e-bidat, is one of the most debated issues not only in India but also in other countries having a sizeable Muslim population. Muslim men have regularly misused this provision to divorce their wives instantly by simply uttering 'talaq' thrice. The Supreme Court of India, in the landmark judgement Shayara Bano v. Union of India, finally declared the practice unconstitutional. Salman Khurshid, who assisted in the case as amicus curiae, dives deep into the topic but presents it simply, without much jargon. Explaining the reasons behind the court's decision, he goes on to discuss other aspects of this practice, such as why it is wrong; why this practice has thrived; what the previous judicial pronouncements on it were; what the Quran and Muslim religious leaders say about it; and what the comparative practices in other countries are.

Female genital mutilation (FGM) has garnered significant media, political and legal attention in the UK. Despite criminalising the practice in 1985, FGM continues undetected and often underground. This monograph provides a unique insight into survivor's attitudes towards FGM as well as the criminalisation of a culturally embedded practice. Some of the narratives might be deeply uncomfortable as women sympathise and even uphold the practice, whilst others viscerally describe the trauma and pain that they endured. Digging deeper into efforts to eliminate FGM, professionals at the coalface of the end FGM movement provide their views on whether the practice can ever be eradicated. This volume explores the key themes that emerged from the well-publicised criminal trials in the UK and the barriers that prevent the law from working effectively. One of the obstacles that are examined further is the legal double standard in criminalising FGM whilst permitting female genital cosmetic surgery, which incites hostility and anger amongst FGM-performing communities. Whilst ending FGM is imperative, this enlightening work reflects on the unintended consequences that stem from punitive efforts to criminalise a practice performed by often Black, migrant communities. Women describe their experiences of racism and Islamophobia in a context of police surveillance and hyperbolic media narratives. In an effort of encouraging the abandonment of FGM, this publication highlights the need for the law to be accompanied by education initiatives at a grass-root level.

The Oxford Handbook of Fiduciary Law provides a comprehensive overview of critical topics in fiduciary law and theory through chapters authored by leading scholars. The Handbook opens with surveys of the many fields of law in which fiduciary duties arise, including agency law, trust law, corporate law, pension law, bankruptcy law, family law, employment law, legal representation, health care, and international law. Drawing on these surveys, the Handbook offers a synthetic analysis of fiduciary law's key concepts and principles. Chapters in the Handbook explore the defining features of fiduciary relationships, clarify the distinctive fiduciary duties that arise in these relationships, and identify the remedies available for breach of fiduciary duties. The volume also provides numerous comparative perspectives on fiduciary law from eminent legal historians and from scholars with deep expertise in a diverse array of the world's legal systems. Finally, the Handbook lays the groundwork for future research on fiduciary law and theory by highlighting cross-cutting themes, identifying persistent theoretical and practical challenges, and exploring how the field could be enriched through empirical analysis and interdisciplinary insights from economics, philosophy, and psychology. Unparalleled in its breadth and depth of coverage, The Oxford Handbook of Fiduciary Law represents an invaluable resource for practitioners, policymakers, scholars, and students in this essential field of law.

Evidence-Informed Interventions for Court-Involved Families provides a critical, research-informed analysis of the core factors to consider when developing child-centered approaches to therapy and other family interventions, both in formal treatment settings and in promoting healthy engagement with the other systems and activities critical to children's daily lives. Addressing common problems, obstacles, and the backdrop of support needed from other professionals or the court, an international team of experts provide chapters covering a variety of service models and drawing on a wealth of relevant research on the legal context, central issues for treatment and other services, and specialized issues such as trauma, family violence, parent-child contact problems, and children with special needs. Offering extensive practical guidance for applying research, understanding its limitations, and matching service plans to families' needs, this book will be an essential resource for all mental health professionals evaluating or providing services to these families, and to the lawyers and judges seeking a better understanding of what works.

He has taught Negotiation and Mediation at the University of San Diego School of Law for six years and he is on the part-time faculty of the Straus Institute for Dispute Resolution at the Pepperdine University School of Law and the National Judicial College. He is a frequent lecturer at Monash University in Australia. This book has been used in all of these courses and has been used in other academic settings by other instructors.

Brought up in the stately grandeur of Burghley House as heir to the earldom of Exeter, Henry Cecil seemed to have made a suitable match to the heiress of Hanbury Hall, but their marriage was to end in disaster when Emma eloped with Henry's friend, the local curate. Heartbroken, Henry turned his back on aristocratic life, taking up residence in a remote Shropshire village and marrying a farmer's daughter - without having obtained a divorce from his first wife.... The story of Henry Cecil's matrimonial entanglements became an overnight sensation in the 1790s, and even through into the twentieth century was still being told and retold in poetry, song, ballet and prose. 'A Noble Affair' untangles fact from fiction and explores the difficulties Henry faced in extricating himself with honour from the situation. Written by three scholars who have carried out extensive research into marriage, adultery, bigamy and divorce in eighteenth-century England, this new account illustrates just how limited the options once were for those who experienced marital breakdown, and discovers that in some respects Henry did indeed behave nobly.

This book provides a comprehensive account of how child development and the right to development of children have been understood in international children's rights law. It argues that any conceptions of childhood focussed either on children's future as adults, or on children's lives in the present, overlook the hybridity of children's lived experiences. The book therefore suggests a new conception of childhood - namely, 'hybrid childhood' - which accommodates respect for children's agency and human dignity in the present, in the process of growth, and in the outcomes of this process when the child becomes an adult. Consequently, and building on the capability approach's idea of human development, the book presents a radical new interpretation of the child's right to development under the UN Convention on the Rights of the Child. It offers a comprehensive interpretation of the right to development, which is one of the four guiding principles of the Convention.

With over half of Americans now in favor of marriage equality, it is clear that societal norms of marriage are being quickly redefined. The growing belief that the state may not discriminate against gays and lesbians calls into question whether the state may limit other types of marital unions, including plural marriage. While much has been written about same-sex marriage, as of yet there has been no book-length legal treatment of unions among three or more individuals. The first major study on plural marriage and the law, In Defense of Plural Marriage begins to fill this lacuna in the scholarly literature. Ronald C. Den Otter shows how the constitutional arguments that support the option of plural marriage are stronger than those against. Ultimately, he proposes a new semi-contractual marital model that would provide legal recognition for a wide range of intimate relationships.

This book explores the status and scope of family policies related to households of children with disabilities, providing an in-depth, evidence-based review of legal, programmatic issues. It includes a discussion of the gaps between family needs and contemporary family policies in the United States and European countries, as demonstrated in these households' surveys. In addition, the volume offers a comparative analysis of cash benefits, tax credits and deductions, and in-kind provisions between the United States and select European countries (UK, France, and Sweden). Most importantly, this book identifies and continues the discussion regarding the critical role of family-centered policies, as expressed in the United Nations Convention on the Rights of Persons with Disabilities (UNCRPD), as well as the future of family policy toward families of children with disabilities at a time of economic crisis.

Policy-makers and the public are increasingly attentive to the role of shari'a in the everyday lives of Western Muslims, with negative associations and public fears growing among their non-Muslim neighbors in the United States and Canada. The most common way North American Muslims relate to shari'a is in their observance of Muslim marriage and divorce rituals; recourse to traditional Islamic marriage and, to a lesser extent, divorce is widespread. Julie Macfarlane has conducted hundreds of interviews with Muslim couples, as well as with religious and community leaders and family conflict professionals. Her book describes how Muslim marriage and divorce processes are used in North America, and what they mean to those who embrace them as a part of their religious and cultural identity. The picture that emerges is of an idiosyncratic private ordering system that reflects a wide range of attitudes towards contemporary family values and changes in gender roles. Some women describe pervasive assumptions about restrictions on their role in the family system, as well as pressure to accept these values and to stay married. Others of both genders describe the gradual modernization of Islamic family traditions - and the subsequent emergence of a Western shari'a--but a continuing commitment to the rituals of Muslim marriage and divorce in their private lives. Readers will be challenged to consider how the secular state should respond in order to find a balance between state commitment to universal norms and formal equality, and the protection of religious freedom expressed in private religious and cultural practices.

'Taken into Custody' exposes the greatest and most destructive civil rights abuse in America today. Family courts and Soviet-style bureaucracies trample basic civil liberties, entering homes uninvited and taking away people's children at will, then throwing the parents into jail without any form of due process, much less a trial. No parent, no child, no family in America is safe. The legal industry does not want you to hear this story. Radical feminists, bar associations, and social work bureaucracies have colluded to suppress this information. Even "pro-family" groups and civil libertarians look the other way. Yet it is a reality for tens of millions of Americans who are our neighbors.

Exploring the connection between families and inequality, Failure to Flourish: How Law Undermines Family Relationships argues that the legal regulation of families stands fundamentally at odds with the needs of families. Strong, stable, positive relationships are essential for both individuals and society to flourish, but from transportation policy to the criminal justice system, and from divorce rules to the child welfare system, the legal system makes it harder for parents to provide children with these kinds of relationships, exacerbating the growing inequality in America. Failure to Flourish contends that we must re-orient the legal system to help families avoid crises and, when conflicts arise, intervene in a manner that heals relationships. To understand how wrong our family law system has gone and what we need to repair it, Failure to Flourish takes us from ancient Greece to cutting-edge psychological research, and from the chaotic corridors of local family courts to a quiet revolution under way in how services are provided to families in need. Incorporating the latest insights of positive psychology and social science research, the book sets forth a new, more emotionally intelligent vision for a legal system that not only resolves conflict but actively encourages the healthy relationships that are at the core of a stable society.

Random Families is about the unprecedented families that have grown up at the intersection of new reproductive technologies, social media, and the human desire for belonging. Children of the same donor and their families, with the help of the internet, can now locate each other and make contact. Based on over 350 interviews with children (ages 10-28), their parents and related donors from all over the U.S., Random Families chronicles the chain of choices that couples and single mothers make from what donor to use to how to participate (or not) in donor sibling networks. Children reveal their understanding of a donor, the donor's spot on the family tree and the meaning of their donor siblings. Through rich first-person accounts of network membership, the book illustrates how these extraordinary relationships-woven from bits of online information and shared genetic ties-are transformed into new possibilities for kinship. Random Families offers down-to-earth stories from real families to highlight just how truly distinctive these contemporary new forms of family are.

Fresh, engaging, and thought-provoking, Family Law uses examples and scenarios that bring the law to life. Students often find the complex and ever-evolving nature of family law a real challenge. Polly Morgan tackles this head-on with captivating concrete examples that apply the legal principles and reinforce learning. The scenarios featured throughout address topics such as international surrogacy and adoption, gender transition within a marriage, and controversies in the care system, to give students a forward-thinking perspective on family law that is truly reflective of the diversity of families. It equips students with comprehensive knowledge of family law and gives them the opportunity to engage with the content at a much deeper level. Polly Morgan's clearly-structured, paced, and guiding narrative through all the required material of an undergraduate course, married with rigorous academic analysis and examination of the law, provides unrivalled support to enable students to confidently navigate the complex and sensitive aspects of family law. It empowers them to identify, examine, and critique the mis-match between the law's aims and the reality, and to develop their ability to participate in academic debate with confidence, criticality, and skill. Digital formats and resources Unique to family law, the e-book provides opportunities for self-test and instant feedback throughout each chapter, so that students can instantly identify any gaps in their knowledge before progressing further. Morgan also provides bespoke author videos that address those topics students report as finding the most difficult, and provides invaluable support and explanation that makes Family Law a highly engaging and supportive textbook for undergraduates. The text is available as a fully interactive e-book with integrated interactive resources throughout, and comes accompanied by extensive online resources. For students: - Over 350 self-test questions - Author videos tackling the most challenging topics of family law - Chapter on elderly care (coming in December 2021) For lecturers: - Mini guides, which are organized thematically and provide topics and ideas for class debate and discussion - Downloadable tables, diagrams, and flowcharts

Relied on by generations of students and practitioners alike, Bromley's Family Law remains the definitive guide to the subject. Updated by experts in the area, Nigel Lowe, Gillian Douglas, Emma Hitchings, and Rachel Taylor provide an accurate and detailed yet highly readable account of family law. The text presents a broad and comprehensive treatment of the key issues relating to adult and child law in a clear and distilled manner. Regular headings break up the text and allow easy navigation and quick reference for both students new to the subject and those in practice. The new edition has been fully edited and updated to take account of the latest case law and legislation, while also reflecting new debates and emerging issues in the area. Digital formats and resources The twelfth edition is available for students and institutions to purchase in a variety of formats. The e-book offers a mobile experience and convenient access along with functionality tools, navigation features and links that offer extra learning support: www.oxfordtextbooks.co.uk/ebooks

Divorcing Traditions is an ethnography of Islamic legal expertise and practices in India, a secular state in which Muslims are a significant minority and where Islamic judgments are not legally binding. Katherine Lemons argues that an analysis of divorce in accordance with Islamic strictures is critical to the understanding of Indian secularism. Lemons analyzes four marital dispute adjudication forums run by Muslim jurists or lay Muslims to show that religious law does not muddle the categories of religion and law but generates them. Drawing on ethnographic and archival research conducted in these four institutions-NGO-run women's arbitration centers (mahila panchayats); sharia courts (dar ul-qazas); a Muslim jurist's authoritative legal opinions (fatwas); and the practice of what a Muslim legal expert (mufti) calls "spiritual healing"-Divorcing Traditions shows how secularism is an ongoing project that seeks to establish and maintain an appropriate relationship between religion and politics. A secular state is always secularizing. And yet, as Lemons demonstrates, the state is not the only arbiter of the relationship between religion and law: religious legal forums help to constitute the categories of private and public, religious and secular upon which secularism relies. In the end, because Muslim legal expertise and practice are central to the Indian legal system and because Muslim divorce's contested legal status marks a crisis of the secular distinction between religion and law, Muslim divorce, argues Lemons, is a key site for understanding Indian secularism.

Answers to many legal questions often depend on our understanding of the relationship between the human brain and behavior. While there is no evidence to suggest that violence is the sole result of cognitive impairment, research does suggest that frontal lobe impairment in particular may contribute to the etiology of violent behavior. Murder in the Courtroom presents a comprehensive and detailed analysis of issues most relevant to answering questions regarding the link between cognitive functioning and violence. It is the first book to focus exclusively on the etiology and assessment of cognitive impairment in the context of violent behavior and the challenges courts face in determining the reliability of neuroscience evidence; provide objective discussions of currently available neuropsychological tests and neuroimaging techniques, and their strengths and limitations; provide a methodology for the assessment of cognitive dysfunction in the context of violent behavior that is likely to withstand a Daubert challenge; and include detailed discussions of criminal cases to illustrate important points. Clinical and forensic psychologists and psychiatrists, cognitive neuroscientists, and legal professionals will be able to use this book to further their understanding of the relationship between brain function and extreme violence.

In Courthouse Democracy and Minority Rights: Same-Sex Marriage in the States, Robert J. Hume examines how the democratization of state courts and state constitutional systems has influenced the capacity of judges to protect minority rights. Through an intensive examination of same-sex marriage policy, Hume shows that democratic innovations like judicial elections and initiative amendment procedures have conditioned the impact of judges on state marriage laws. Using a combination of original and publicly available data, Hume demonstrates that "courthouse democracy" has influenced the behavior of state judges, the reactions of the public to state court decisions, and the long-term policy consequences of these decisions, including the passage of state constitutional amendments. Hume concludes that judges will be capable of producing meaningful social change-and protecting minority rights-only when they have the institutional resources that they need to stand against popular opinion.

Half of all marriages end, and, when they do, most parents hope to achieve a "good divorce" in which they can amicably raise their children with their former spouse. Unfortunately, about 20% of divorces are high-conflict, involving frequent visits to court, allegations of abuse, and chronic disagreements regarding parenting schedules. In response to this conflict, some children become aligned with one parent against the other - even a parent who has done nothing to warrant the hostile rejection of their formerly loving children. These "targeted" parents suffer from the loss of time with their children, the pain of watching their children become distant, even cruel, and the uncertainty of not knowing if and when their children will come back to them. These parents are on a painful journey with an uncertain outcome. Surviving Parental Alienation fills the tremendous need for concrete help for these parents. Too often parental alienation stories that are shared by word of mouth, on the internet, or in books depict unending pain and frightening outcomes. Surviving Parental Alienation provides true stories and information about parents who have reconnected with their lost and stolen children, and offers better insight and understanding into what exactly parental alienation is and how to handle it. Targeted parents are desperate to be understood and to find cause for hope, even as they search for answers. Surviving Parental Alienation is where they can start to find this hope.