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Principles of U.S. Family Law Vivian E
College of William & Mary Law School William & Mary Law School Scholarship Repository Faculty Publications Faculty and Deans 2006 Principles of U.S. Family Law Vivian E. Hamilton William & Mary Law School, [email protected] Repository Citation Hamilton, Vivian E., "Principles of U.S. Family Law" (2006). Faculty Publications. 184. https://scholarship.law.wm.edu/facpubs/184 Copyright c 2006 by the authors. This article is brought to you by the William & Mary Law School Scholarship Repository. https://scholarship.law.wm.edu/facpubs ARTICLE PRINCIPLES OF U.S. FAMILY LAW Vivian Hamilton* What explains US. family law? What are the orzgms of the current chaos and controversy in the field, the home of some of the most vituperative debates in public policy? To answer these questions, this Article identifies and examines family law's foundational principles. It undertakes a conceptual analysis ofthe legal practices that govern families. This analysis has yet to be done, and its absence hamstrings constructive thought on our family law. The Article develops a typology that conceptualizes US. family law and exposes its underlying principles. First, it identifies the significant elements, or rules, of family law. Second, it demonstrates that these rules reflect or embody four important concepts conjugality, privacy (familial as well as individual), contract, and parens patriae. Third, it shows that the concepts offamily law in turn embody two distinct underlying principles-Biblical traditionalism and liberal individualism. From these powerful principles, we can derive modern U.S. family law: They explain what our family law is. With this deepened understanding offamily law's structure, the Article next evaluates these principles, and family law as the expression ofthem. -
Matrimonial Property Regimes and the Use of Applicable Law in Family Matters: an English Perspective
Bar Council of England and Ave des Nerviens 85 Wales B-1040 Brussels Brussels Office Belgium QuickTime™ and a TIFF (LZW) decompressor Tel: 02/230 48 10 are needed to see this picture. Fax: 02/230 45 96 e-mail: evanna.fruithof@ barcouncil.be FORUM ON JUDICIAL COOPERATION IN CIVIL MATTERS Brussels, 2 December 2008 Session IV Family Law and the Law of Succession The Bar Council of England and Wales welcomes the excellent initiative of the French Presidency of the Council of the EU and the European Parliament to hold this timely, high-level Workshop on Judicial Cooperation in Civil Matters. We are delighted to be given this opportunity to contribute to the debate, and have chosen to focus this paper on certain matters arising in Session IV of the agenda, namely matrimonial property regimes (Part I of this paper) and succession (Part II). The Bar Council is committed to an active contribution to the full range of important topics covered by this ambitious programme. Part I MATRIMONIAL PROPERTY REGIMES AND THE USE OF APPLICABLE LAW IN FAMILY MATTERS: AN ENGLISH PERSPECTIVE Introduction 1. In July 2006 the European Commission promulgated two documents:- a. The Proposal for a Council Regulation amending Regulation (EC) No 2201/2003 as Regards Jurisdiction and Introducing Rules Concerning Applicable Law in Matrimonial Matters (“the Rome III proposal”); and b. A Green Paper on Conflict of Laws in Matters Concerning Matrimonial Property Regimes Including the Question of Jurisdiction and Mutual Recognition (“the Green Paper”). 2. The Bar Council of England and Wales responded negatively to both. -
Civil Partnership in Scotland 2004 – 2014, and Beyond
1 Civil Partnership in Scotland 2004 – 2014, and Beyond Kenneth McK. Norrie, Professor of Law, University of Strathclyde Introduction Exactly ten years separates the passing by the UK Parliament of the Civil Partnership Act 2004, which brought civil partnership to Scotland, and the passing by the Scottish Parliament of the Marriage and Civil Partnership (Scotland) Act 2014, which opened marriage to same-sex couples in Scotland; exactly fifteen years separates the (re)establishment of the Scottish Parliament in 1999 and the Independence Referendum in 2014. The political judgment made in 1999 that devolution would kill the aspiration to independence stone dead has proved as misconceived as the political judgment in 2004 that civil partnership would satisfy any demand for same-sex marriage. The new political structures within the United Kingdom established by devolution rendered it inevitable that the development of civil partnership would play out very differently in Scotland and in England, but the existence of two distinct legal systems, on separate developmental paths, long pre- dates devolution. Scottish family law has always been based on very different perceptions of family life from English family law and these differences reflect profound historical, social and (particularly) religious dissimilarities between the two nations. We in Scotland have no concept, for example, of parental consent to marriage, revealing a different view of both the nature of the parent-child relationship and of marriage (and avoiding the difficulties English law will face when parents refuse consent due to non-acceptance of their child’s sexual orientation). That marriage is a more secular contractual relationship in Scotland than it is in England is shown by the facts (i) that marriage contracts have always been enforceable in Scotland but are (generally speaking) unenforceable in England (Scherpe, 2012), and (ii) that divorce has been available in Scotland for three hundred years longer than in England. -
2017 Magdalen College Record
Magdalen College Record Magdalen College Record 2017 2017 Conference Facilities at Magdalen¢ We are delighted that many members come back to Magdalen for their wedding (exclusive to members), celebration dinner or to hold a conference. We play host to associations and organizations as well as commercial conferences, whilst also accommodating summer schools. The Grove Auditorium seats 160 and has full (HD) projection fa- cilities, and events are supported by our audio-visual technician. We also cater for a similar number in Hall for meals and special banquets. The New Room is available throughout the year for private dining for The cover photograph a minimum of 20, and maximum of 44. was taken by Marcin Sliwa Catherine Hughes or Penny Johnson would be pleased to discuss your requirements, available dates and charges. Please contact the Conference and Accommodation Office at [email protected] Further information is also available at www.magd.ox.ac.uk/conferences For general enquiries on Alumni Events, please contact the Devel- opment Office at [email protected] Magdalen College Record 2017 he Magdalen College Record is published annually, and is circu- Tlated to all members of the College, past and present. If your contact details have changed, please let us know either by writ- ing to the Development Office, Magdalen College, Oxford, OX1 4AU, or by emailing [email protected] General correspondence concerning the Record should be sent to the Editor, Magdalen College Record, Magdalen College, Ox- ford, OX1 4AU, or, preferably, by email to [email protected]. -
The Relationship Between Correlates of Children's Adjustment and Both Family Law and Policy in England Liz Trinder
Louisiana Law Review Volume 65 | Number 4 Divorce and Child Custody Symposium Summer 2005 Measuring Up? The Relationship Between Correlates of Children's Adjustment and Both Family Law and Policy in England Liz Trinder Michael E. Lamb Repository Citation Liz Trinder and Michael E. Lamb, Measuring Up? The Relationship Between Correlates of Children's Adjustment and Both Family Law and Policy in England, 65 La. L. Rev. (2005) Available at: https://digitalcommons.law.lsu.edu/lalrev/vol65/iss4/9 This Article is brought to you for free and open access by the Law Reviews and Journals at LSU Law Digital Commons. It has been accepted for inclusion in Louisiana Law Review by an authorized editor of LSU Law Digital Commons. For more information, please contact [email protected]. Measuring Up? The Relationship Between Correlates of Children's Adjustment and Both Family Law and Policy in England Liz Trinder* Michael E. Lamb** Over the last two decades, an impressive, albeit incomplete, body of evidence has been built identifying the factors associated with children's adjustment following parental separation. At the same time, English family law and policy have changed and developed considerably for a variety of reasons. In this paper, we explore the linkages between these two developments. We consider, first, the body of evidence documenting the factors associated with adjustment and maladjustment on the part of children whose parents have separated or divorced, and second, the extent to which changing laws and policies in the United Kingdom have been guided by this literature and have helped achieve the desired outcomes for children. -
Untying the Knot: an Analysis of the English Divorce and Matrimonial Causes Court Records, 1858-1866 Danaya C
University of Florida Levin College of Law UF Law Scholarship Repository Faculty Publications Faculty Scholarship 1-1-2004 Untying the Knot: An Analysis of the English Divorce and Matrimonial Causes Court Records, 1858-1866 Danaya C. Wright University of Florida Levin College of Law, [email protected] Follow this and additional works at: http://scholarship.law.ufl.edu/facultypub Part of the Common Law Commons, Family Law Commons, and the Women Commons Recommended Citation Danaya C. Wright, Untying the Knot: An Analysis of the English Divorce and Matrimonial Causes Court Records, 1858-1866, 38 U. Rich. L. Rev. 903 (2004), available at http://scholarship.law.ufl.edu/facultypub/205 This Article is brought to you for free and open access by the Faculty Scholarship at UF Law Scholarship Repository. It has been accepted for inclusion in Faculty Publications by an authorized administrator of UF Law Scholarship Repository. For more information, please contact [email protected]. UNTYING THE KNOT: AN ANALYSIS OF THE ENGLISH DIVORCE AND MATRIMONIAL CAUSES COURT RECORDS, 1858-1866 Danaya C. Wright * I. INTRODUCTION Historians of Anglo-American family law consider 1857 as a turning point in the development of modern family law and the first big step in the breakdown of coverture' and the recognition of women's legal rights.2 In 1857, The United Kingdom Parlia- * Associate Professor of Law, University of Florida, Levin College of Law. This arti- cle is a continuation of my research into nineteenth-century English family law reform. My research at the Public Record Office was made possible by generous grants from the University of Florida, Levin College of Law. -
The Crisis of Child Custody: a History of the Birth of Family Law in England, 11 Colum
University of Florida Levin College of Law UF Law Scholarship Repository Faculty Publications Faculty Scholarship 1-1-2002 The rC isis of Child Custody: A History of the Birth of Family Law in England Danaya C. Wright University of Florida Levin College of Law, [email protected] Follow this and additional works at: http://scholarship.law.ufl.edu/facultypub Part of the Common Law Commons, Family Law Commons, and the Women Commons Recommended Citation Danaya C. Wright, The Crisis of Child Custody: A History of the Birth of Family Law in England, 11 Colum. J. Gender & L. 175 (2002), available at http://scholarship.law.ufl.edu/facultypub/219 This Article is brought to you for free and open access by the Faculty Scholarship at UF Law Scholarship Repository. It has been accepted for inclusion in Faculty Publications by an authorized administrator of UF Law Scholarship Repository. For more information, please contact [email protected]. THE CRISIS OF CHILD CUSTODY: A HISTORY OF THE BIRTH OF FAMILY LAW IN ENGLAND DANAYA C. WRIGHr Ask-may the victim of a hasty vow Ne'er seek release nor remedy? Ah no! A maiden once enclosed in nuptial ties Must wear herfetters till she sins or dies; And suffer as she may, within these bounds, No curefor sorrows and no balm for wounds. Such finished torture England'scode can boast; A formalframework, which at woman's cost, Flings a disguise o'er ruthless tyranny, And drugs men 's conscience with a special tie. 1 -Harriet Grote (1853) Associate Professor of Law at the University of Florida's Levin College of Law. -
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Fifty Years in Family Law: Essays for Stephen Cretney
FIFTY YEARS IN FAMILY LAW: ESSAYS FOR STEPHEN CRETNEY FIFTY YEARS IN FAMILY LAW ESSAYS FOR STEPHEN CRETNEY Edited by Rebecca Probert Chris Barton Cambridge – Antwerp – Portland Intersentia Publishing Ltd. Trinity House | Cambridge Business Park | Cowley Road Cambridge | CB4 0WZ | United Kingdom Tel.: +44 1223 393 753 | Email: [email protected] Distribution for the UK: Distribution for the USA and Canada: Hart Publishing Ltd. International Specialized Book Services 16C Worcester Place 920 NE 58th Ave. Suite 300 Oxford OX1 2JW Portland, OR 97213 UK USA Tel.: +44 1865 517 530 Tel.: +1 800 944 6190 (toll free) Email: [email protected] Email: [email protected] Distribution for Austria: Distribution for other countries: Neuer Wissenschaft licher Verlag Intersentia Publishing nv Argentinierstraße 42/6 Groenstraat 31 1040 Wien 2640 Mortsel Austria Belgium Tel.: +43 1 535 61 03 24 Tel.: +32 3 680 15 50 Email: offi [email protected] Email: [email protected] Fift y Years in Family Law. Essays for Stephen Cretney Rebecca Probert and Chris Barton (eds.) © 2012 Intersentia Cambridge – Antwerp – Portland www.intersentia.com | www.intersentia.co.uk Cover pictures: left : Th e Divinity School, Postcard of “Th e Divinity School” Ref. UK/CP2067 © Th e Bodleian Libraries, Th e University of Oxford middle: Th e Convocation House, Postcard of “Th e Convocation House” Ref. C274 © Th e Bodleian Libraries, Th e University of Oxford right: Magdalen College, Oxford ©Oxford Picture Library/Chris Andrews ISBN 978-1-78068-052-1 NUR 822 British Library Cataloguing in Publication Data. A catalogue record for this book is available from the British Library. -
December, 1966 Landscape 5
DECEMBER, 1966 LANDSCAPE 5. C. Marshall 6 Lit. II. STOCKPORT GRAMMAR SCHOOL Patron THE PRIME WARDEN OF THE WORSHIPFUL COMPANY OF GOLDSMITHS Governors LIEUT-COL. J. A. CHRISTIE-MILLER, C.B.E., T.D., D.L., J.P., Chairman F. TOWNS, ESQ., Vice-Chairman THE REV. CANON R. SIMPSON S. D. ANDREW, ESQ., J.P. H. SMITH, ESQ., J.P. D. BLANK, ESQ., LL.B. COUNCILLOR L. SMITH, J.P. SIR GEOFFRY CHRISTIE-MILLER, J. S. SOUTHWORTH, ESQ. K.C.B., D.S.O., M.C., D.L. THE WORSHIPFUL THE MAYOR COUNCILLOR A. S. EVERETT OF STOCKPORT MRS. R. B. HEATHCOTE ALDERMAN T. J. VERNON PARRY J. C. MOULT, ESQ., J.P. PROFESSOR F. C. WILLIAMS, C.B.E., COUNTY COUNCILLOR H. E. R. PEERS, D.Sc., D.PHIL., M.I.S.F., F.R.S. O.B.E., J.P. COUNTY COUNCILLOR MRS. M. ALDERMAN R. SEATON WORTHINGTON, B.A., J.P. H. SIDEBOTHAM, ESQ., LL.M. WG-CDR. J. M. GILCHRIST, M.B.E. (Clerk to the Governors) Headmaster F. W. SCOTT, Esq., M.A. (Cantab.) Second Master W. S. JOHNSTON, Esq., M.A. (Oxon.) Assistant Masters J. H. AVERY, M.A. S. M. McDOUALL, D.S.L.C. W. D. BECKWITH F. J. NORRIS, B.A. H. BOOTH, B.Sc. H. L. READE, B.Sc. J. B. BRELSFORD, B.A. D. G. ROBERTS, B.A. M. T. BREWIS, B.A. D. J. ROBERTS, M.A. E. BROMLEY H. D. ROBINSON, B.A. D. B. CASSIE, B.Sc. A. P. SMITH, B.A. M. A. CROFTS, B.Sc. -
Features of Family Dispute Resolutionunder English Law
166 ª ª ª ª ª ª ª ª ª ª ª ª ª ª ª ª ª ª ª ª ª ª Випуск 19 УДК 347.62(410) Hlyniana Kateryna Mykhailivna, PhD in Law,Associate Professorof Civil Law of National university «Odessa academy of Law» FEATURES OF FAMILY DISPUTE RESOLUTIONUNDER ENGLISH LAW The right for the family is both enshrined by the to the Ukrainian legislation, the English one focuses national regulations and recognized internationally. on judicial divorce, division of marital property and The area of human rights recognizes the right of affairs that affect the direct interest of a child. Along every person to respect for his/her family life. A state with the precedents and the national legislation, should implement protection of family, childhood, practice of the international community is widely maternity, paternity,implement policies in creating used. Englandis a party to a number of international conditions for strengthening a family. Ukraine conventions, treaties and organizations that regulate continuesto establish democratic and social future family law and protection of family interests. for the citizens. Therefore, we will apply more than Nowadays the judiciary of England and Wales once to the practice of international experience. One consists of several legal units, which address family of the striking examples thereof is certainly the legal disputes. There are special public institutions, whose system of England. competence is regulation of disputes between parties Should one consider English law, firstly attention to family relations. This is due to the high level of is paid to the rules of English Common Law, which judiciary workloadin family proceedings. -
Undergraduate Admissions by
Applications, Offers & Acceptances by UCAS Apply Centre 2019 UCAS Apply Centre School Name Postcode School Sector Applications Offers Acceptances 10002 Ysgol David Hughes LL59 5SS Maintained <3 <3 <3 10008 Redborne Upper School and Community College MK45 2NU Maintained 6 <3 <3 10011 Bedford Modern School MK41 7NT Independent 14 3 <3 10012 Bedford School MK40 2TU Independent 18 4 3 10018 Stratton Upper School, Bedfordshire SG18 8JB Maintained <3 <3 <3 10022 Queensbury Academy LU6 3BU Maintained <3 <3 <3 10024 Cedars Upper School, Bedfordshire LU7 2AE Maintained <3 <3 <3 10026 St Marylebone Church of England School W1U 5BA Maintained 10 3 3 10027 Luton VI Form College LU2 7EW Maintained 20 3 <3 10029 Abingdon School OX14 1DE Independent 25 6 5 10030 John Mason School, Abingdon OX14 1JB Maintained 4 <3 <3 10031 Our Lady's Abingdon Trustees Ltd OX14 3PS Independent 4 <3 <3 10032 Radley College OX14 2HR Independent 15 3 3 10033 St Helen & St Katharine OX14 1BE Independent 17 10 6 10034 Heathfield School, Berkshire SL5 8BQ Independent 3 <3 <3 10039 St Marys School, Ascot SL5 9JF Independent 10 <3 <3 10041 Ranelagh School RG12 9DA Maintained 8 <3 <3 10044 Edgbarrow School RG45 7HZ Maintained <3 <3 <3 10045 Wellington College, Crowthorne RG45 7PU Independent 38 14 12 10046 Didcot Sixth Form OX11 7AJ Maintained <3 <3 <3 10048 Faringdon Community College SN7 7LB Maintained 5 <3 <3 10050 Desborough College SL6 2QB Maintained <3 <3 <3 10051 Newlands Girls' School SL6 5JB Maintained <3 <3 <3 10053 Oxford Sixth Form College OX1 4HT Independent 3 <3