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Adoption Versus Alternative Forms of Care  

Brian Sloan

Online publication date:
Dec 2018
This chapter, which focuses on English law, considers preference for adoption in some circumstances from a comparative law perspective, before comparing the treatment of adoption to that ... More

Anthropology and Islamic Law  

John R. Bowen

Print publication date:
Nov 2018
Online publication date:
Oct 2015
The anthropology of Islamic law is concerned centrally with observing and analyzing practices governed by explicit norms that are given Islamic justification, from commercial transactions ... More

The ART of Parentage  

Naomi Cahn

Online publication date:
May 2019
The world of reproductive technology, including donor gametes and surrogacy, brings new challenges to identifying parents and respecting children’s rights. An intending parent—married or ... More

Children in Fragile Families  

Sara McLanahan, Kate Jaeger, and Kristin Catena

Online publication date:
Apr 2019
Families formed by unmarried parents increased dramatically in the United States during the latter half of the 20th century. To learn more about these families, a team of researchers at ... More

Children’s Participation in Decisions about Parenting Arrangements  

Patrick Parkinson and Judy Cashmore

Online publication date:
Feb 2019
This chapter explores the different ways that children can participate in custody and child protection cases. It is not only articulate older children and young people who ought to have an ... More

Children’s Right to Privacy  

Ayelet Blecher-Prigat

Online publication date:
May 2019
This chapter examines how (if at all) children’s right to privacy is concretely implemented in the legal realm. It considers children’s privacy when they are involved in legal proceedings, ... More

Comparative Family Law  

Jens M. Scherpe

Print publication date:
Mar 2019
Online publication date:
May 2019
This chapter discusses family law in relation to comparative law. It first considers whether family law can be a subject fit for comparative study in a constantly changing world before ... More

Contested Child Protection Policies  

Elizabeth Bartholet

Online publication date:
Mar 2019
This chapter discusses the tension over recent decades in child welfare policy in the United States between two conflicting value systems, one focusing on parent and group rights over ... More

Families  

John Dewar

Print publication date:
Jun 2005
Online publication date:
Sep 2012
Subject:
Law, Family Law
Family law is largely an aggregation of instrumental legislation, designed to achieve specific social and political purposes. Unlike disciplines that take a legal concept as its ... More

Families  

Mavis MacLean

Print publication date:
Nov 2010
Online publication date:
Sep 2012
Subject:
Law, Family Law
Family laws concern relationships, belief, and values, and reflect the social diversities as well as a dynamic nature. This article analyses the relationship between family and the state ... More

Fiduciary Principles in Family Law  

Elizabeth S. Scott and Ben Chen

Print publication date:
May 2019
Online publication date:
May 2019
Family members bear primary responsibility for the care of dependent and vulnerable individuals in our society, and therefore family relationships are infused with fiduciary obligation. ... More

Gender, Justice, and Youth Development  

Francine T. Sherman

Online publication date:
May 2019
From the time the first US training school for girls was opened in 1856 to today, girls have been over-represented in the juvenile justice system for behaviors that stem from trauma, and ... More

The Incorporation of Shari‘a in North America: Enforcing the Mahr to Combat Women’s Poverty Post-relationship Dissolution  

Natasha Bakht

Print publication date:
Nov 2018
Online publication date:
Sep 2015
This article examines the shari‘a debate in North America, particularly the argument that shari‘a must be banned in Canada and the United States based on the belief that Islam is a threat ... More

Islamic Law in Post-revolutionary Iran  

Antonia Fraser Fujinaga

Print publication date:
Nov 2018
Online publication date:
Jan 2016
This article examines Islamic law in post-revolutionary Iran, with particular emphasis on areas where Islamic and Iranian law intersect. Before discussing the various manifestations of ... More

Islamic Law in Western Europe  

Mathias Rohe

Print publication date:
Nov 2018
Online publication date:
Dec 2015
This article is divided into three parts. The first part provides a short overview of the history of Islamic law in Western Europe. The second part explains in some detail the different ... More

Marriage Rights and Religious Exemptions in the United States  

Leslie Griffin

Online publication date:
May 2017
Subject:
Law, Family Law
After providing background on the law of marriage in the United States, this article examines the numerous religious exemptions—solemnization exemptions, religious-organization exemptions, ... More

Parental Responsibility, Hyper-parenting, and the Role of Technology  

Jonathan Herring

Print publication date:
Jul 2017
Online publication date:
Dec 2016
Subject:
Law, Family Law
This chapter explores the impact of technology on parenthood. It draws out some of the themes raised by the genetic enhancement debate, arguing that they reflect some of the current themes ... More

Population, Reproduction, and Family  

Sheila A.M. McLean

Print publication date:
Jul 2017
Online publication date:
Feb 2017
Both at national and international level, the right to reproduce and form a family has considerable personal and social implications. The policies that underpin the regulatory approach in ... More

Procreation and Parenting  

Katharine K. Baker

Online publication date:
Nov 2018
This chapter explores the contemporary relevance of genetic connection to legal parental status. After briefly explaining the legal origins of the link between genetic and legal ... More

Reforming Child Welfare  

Marcia Robinson Lowry

Online publication date:
Feb 2019
Child welfare has changed in some superficial ways over the years but key problems remain. The foster care population is once again rising, and most states fall far short of meeting even ... More

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