Articles and Resources
Date Fairness.com Resource Read it at: Mar 15, 2013 Right to Lawyer Can Be Empty Promise for Poor
QUOTE: Fifty years ago, on March 18, 1963, the Supreme Court unanimously ruled in Gideon v. Wainwright that those accused of a crime have a constitutional right to a lawyer whether or not they can afford one.... the promise inherent in the Gideon ruling remains unfulfilled... Civil matters — including legal issues like home foreclosure, job loss, spousal abuse and parental custody — were not covered by the decision. Today, many states and counties do not offer lawyers to the poor in major civil disputes, and in some criminal ones as well. Those states that do are finding that more people than ever are qualifying for such help, making it impossible to keep up with the need.
New York Times Jan 19, 2013 Military Rules Leave Gay Spouses Out in Cold
QUOTE: Gay marriage is now legal in nine states and in Washington, D.C. But because same-sex marriages are not recognized under federal law, the spouses of gay service members are barred from receiving medical and dental insurance and surviving spouse benefits and are not allowed to receive treatment in military medical facilities. Spouses are also barred from receiving military identification cards, which provide access to many community activities and services on base, including movie theaters, day care centers, gyms and commissaries.
New York Times Nov 14, 2012 Adultery, an Ancient Crime That Remains on Many Books
QUOTE: This is yet another example of American exceptionalism: in nearly the entire rest of the industrialized world, adultery is not covered by the criminal code. Like other state laws related to sex — sodomy, fornication, rape — adultery laws extend back to the Old Testament, onetime capital offenses stemming at least partly from a concern about male property.
New York Times Aug 23, 2012 Raped, pregnant and ordeal not over
QUOTE: in the vast majority of states -- 31 -- men who father through rape are able to assert the same custody and visitation rights to their children that other fathers enjoy. When no law prohibits a rapist from exercising these rights, a woman may feel forced to bargain away her legal rights to a criminal trial in exchange for the rapist dropping the bid to have access to her child.
CNN (Cable News Network) Mar 11, 2012 New law stops injustice of paying alimony forever
QUOTE: ...I didn't know it was common for ex-wives to go back to court when a former spouse got married and get an increase in alimony if the new wife added income to the marriage. I also discovered that the lower-earning spouse needed to be supported to the standard of the lifestyle of the marriage -- and that judges could not put an end date to alimony, even for short-term marriages.
CNN (Cable News Network) Aug 18, 2009 Family Code Gets Nudge, but Women Seek a Push (Tangier Journal)
QUOTE: Despite an important reform of Morocco’s family code in 2004, pressed upon a reluctant Parliament by the young king, Muhammad VI, sex outside marriage is not recognized in Morocco, any more than homosexuality is.
New York Times Jul 21, 2009 Express Route to Divorce Has Familiar Delays (Mexico City Journal)
QUOTE: Two-thirds of divorce cases are filed by women under the new [Mexican] law, but their advocates argue that it leaves women and their children as vulnerable as ever.
New York Times Jul 20, 2009 S.C. case looks on child obesity as child abuse. But is it?
QUOTE: With childhood obesity on the rise across the USA, according to the Centers for Disease Control and Prevention, [Jerri] Gray's attorney says it could open the door to more criminal action against parents whose children have become dangerously overweight.
USA TODAY Jul 15, 2009 Who does the law favor in Jackson children custody case?
QUOTE: states increasingly are recognizing a child's primary caregiver as a legitimate challenger to parental rights.
Christian Science Monitor Jun 25, 2009 Family Caregiving on Contract (The New Old Age: Caring and Coping)
QUOTE: Elder lawyers have been discussing care contracts [where a family member is paid to care for the elderly relative] or caregiver agreements for years, but interest has picked up since 2006, when Medicaid eligibility requirements tightened.
New York Times Apr 22, 2009 After Losing Freedom, Some Immigrants Face Loss of Custody of Their Children
QUOTE: crackdowns against illegal immigrants thrust local courts into transnational custody battles and leave thousands of children in limbo.
New York Times Mar 24, 2009 Getting the Juvenile-Justice System to Grow Up
QUOTE: As egregious as the [Pennsylvania juvenile court scandal] case is, experts say it is all too indicative of a juvenile-justice system racked with abuses yet subject to far less scrutiny than the adult system it increasingly mirrors.
Time Magazine Dec 30, 2008 Fighting War -- and for Custody: Deployment Used In Battles for Kids
QUOTE: The military does not track statistics on custody disputes, but as military divorce rates rise -- particularly among enlisted female troops such as Greer -- so do child custody struggles in which military service overseas has become a wedge issue....Female troops may be particularly at risk, because mothers are more likely to have custody of children after a divorce.
Washington Post Nov 20, 2008 The New Old Age: Legally Responsible for Care
QUOTE: When the elderly exhaust their assets, individually or as a couple, the government steps in and pays for their long-term care. Adult children are not part of the Medicaid eligibility equation. But Medicaid is in big trouble — cutting here, squeezing there — and will be inundated when baby boomers reach old age. The staggering cost of long-term care and the explosion in the number of people who will need it has prompted a second look at filial responsibility laws as a way to deal with the impending crisis.
New York Times Nov 19, 2008 Britain Grapples With Role for Islamic Justice
QUOTE: This is Islamic justice, British style. Despite a raucous national debate over the limits of religious tolerance and the pre-eminence of British law, the tenets of Shariah, or Islamic law, are increasingly being applied to everyday life in cities across the country.
New York Times May 20, 2008 Far-Flung Placement of Children in Texas Raid Is Criticized
QUOTE: The hearings, technically meant as a 60-day check-up of the state’s plan in handling the children and families of the raid, have exposed the clanking machinery of the Texas child welfare apparatus, which has strained at the seams and spent millions of dollars to handle one of the biggest and most complex child welfare cases in the nation’s history.
New York Times May 15, 2008 California ban on same-sex marriage struck down
QUOTE: In a 4-3 120-page ruling issue, the justices wrote that "responsibly to care for and raise children does not depend upon the individual's sexual orientation."
CNN (Cable News Network) Apr 20, 2008 ACLU weighs in on Texas polygamist custody case
QUOTE: The Texas branch of the American Civil Liberties Union said it was concerned that the basic rights of the children and mothers connected to a Texas polygamist ranch were violated during a recent raid and custody hearing.
CNN (Cable News Network) Jan 20, 2008 Murder Case Tests Limits on Parents’ Right to Hit
QUOTE: Parents in all 50 states are allowed to hit their children...There are limits, of course, on what is allowed. But out of reluctance to legislate parental conduct, [New York] state lawmakers...[are] instead letting courts consider the matter case by case.
New York Times Jan 02, 2008 Same-Sex Divorce Challenges the Legal System: Most States Lack Law, Precedent To Settle Issues
QUOTE: Nearly 10,000 gay and lesbian couples married after the [Massachussetts State Supreme Court] ruling [which legalized same-sex marriage]...Those who choose to end their marriages soon discover that the trauma of divorce is compounded by legal and financial difficulties that heterosexual couples generally are spared.
Washington Post Sep 01, 2007 8 Years After Elián, a Cuban Custody Battle
QUOTE: The dispute this time involves a 4-year-old girl who came to the United States from Cuba in 2005 with her mother and her 13-year-old half-brother. At issue is whether the girl’s father, a Cuban farmer who arrived in Miami in June with his wife and 7-year-old daughter to fight for his younger daughter’s custody, is fit to raise her.
New York Times Jun 13, 2007 Women Are Seeing More Parity in Divorces
QUOTE: For as long as divorce has existed, men have griped about their divorce settlements, but in reality, they've typically come out far ahead financially. No longer: Today, women are closer than ever to achieving parity — and then some.
Smart Money Feb 09, 2007 Dad wasn't dad after all, but still owes child support: A Florida Supreme Court case raises fundamental questions about the nature of fatherhood and legal responsibilities
QUOTE: The Parker case illustrates an increasingly contentious debate over the rights and responsibilities of divorced fathers who have been duped and don't challenge paternity at or near the time of divorce. But it also raises fundamental questions about the nature of fatherhood and the legal responsibilities that can attach to a father-child relationship – even when that relationship is the result of fraud and deception by a wife and mother.
Christian Science Monitor Dec 03, 2006 Legal collaboration can ease pain of divorce
QUOTE: a growing divorce movement that strives to help couples end their marriages without the acrimony and the loss of time, money and control associated with going to court....collaborative law, a procedure in which couples agree to end their marriages out of court by hashing out the terms of the split around a table with advice from their lawyers.
Daily Progress Oct 26, 2006 N.J. Ruling Mandates Rights for Gay Unions: State Court Does Not Specify 'Marriage'
QUOTE: The New Jersey Supreme Court left the door ajar for the approval of same-sex marriage Wednesday, ruling that gay couples are entitled to rights no different from those of heterosexual couples.
Washington Post Oct 01, 2006 When to Propose a Prenup
QUOTE: while most twentysomethings don't need to take up the testy subject of signing a prenup, there are some situations in which younger couples may want to consider one...
Wall Street Journal, The (WSJ) Oct 01, 2006 The Wedding Is Off. Who Keeps the Ring?
QUOTE: By tradition -- and law in many places -- wives generally hold on to the wedding jewelry when a marriage ends in divorce. But does that same standard apply to a failed engagement?
Wall Street Journal, The (WSJ) Sep 25, 2006 Fighting Over the Kids: Battered spouses take aim at a controversial custody strategy.
QUOTE: It may seem hard to fathom how a judge could award custody to a parent accused of abuse. But battered spouses often don't file criminal charges—so no judicial finding is made against their mates—and family-court judges typically aren't trained to referee the complexities of abusive relationships.
Newsweek Aug 23, 2006 Debate grows on out-of-wedlock laws: Some 1.6 million Americans in seven states are breaking old anticohabitation rules.
QUOTE: In North Carolina, a state judge in July ruled unconstitutional a law that states it's illegal for unmarried couples to live together...Yet the debate about whether the laws should continue to exist is a flash point between secularists and traditional Christians over the definition of a family.
Christian Science Monitor Jul 07, 2001 Among Nuptial Agreements, Post- Has Now Joined Pre-
QUOTE: ...couples already married are asking their lawyers to draft agreements dividing their property, and setting forth their obligations to each other in case of divorce.
New York Times Jul 06, 2001 Court Case Seeks to Define a Catholic Priest's Family
QUOTE: While the Rev. Lawrence Martin Jenco...was held by Islamic radicals for nearly 19 months in Lebanon in the 1980's, his relatives back home in Joliet, Ill., felt the anxieties shared by all the hostages' families.
New York Times Jun 30, 1999 The do's and don'ts of getting divorced
QUOTE: Here are some straightforward financial and emotional do's and don'ts that experts recommend will help you stay on course to a smoother divorce...
Bankrate.com Jan 01, 1111 Domestic Partnership Benefits: Learn about the benefits of domestic partnerships -- and whether they may be available to you.
QUOTE: Despite the fact that it's estimated only 10% of American families are made up of a working husband, a stay-at-home wife, and children, our legal and social systems still provide benefits and protections based on that model.
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