Stanford Journal of Public Health Volume 7 | 2017 - 2018
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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. -
Understanding Marriage and Families Across Time and Place M01 ESHL8740 12 SE C01.QXD 9/14/09 5:28 PM Page 3
M01_ESHL8740_12_SE_C01.QXD 9/14/09 5:28 PM Page 2 part I Understanding Marriage and Families across Time and Place M01_ESHL8740_12_SE_C01.QXD 9/14/09 5:28 PM Page 3 chapter 1 Defining the Family Institutional and Disciplinary Concerns Case Example What Is a Family? Is There a Universal Standard? What Do Contemporary Families Look Like? Ross and Janet have been married more than forty-seven years. They have two chil- dren, a daughter-in-law and a son-in-law, and four grandsons. Few would dispute the notion that all these members are part of a common kinship group because all are related by birth or marriage. The three couples involved each got engaged, made a public announcement of their wedding plans, got married in a religious ceremony, and moved to separate residences, and each female accepted her husband’s last name. Few would question that each of these groups of couples with their children constitutes a family, although a question remains as to whether they are a single family unit or multiple family units. More difficult to classify are the families of Vernon and Jeanne and their chil- dren. Married for more than twenty years, Vernon and Jeanne had four children whom have had vastly different family experiences. Their oldest son, John, moved into a new addition to his parents’ house when he was married and continues to live there with his wife and three children. Are John, his wife, and his children a separate family unit, or are they part of Vernon and Jeanne’s family unit? The second child, Sonia, pursued a career in marketing and never married. -
"Family Complexity and Kinship" In
Family Complexity and Kinship∗ ELIZABETH THOMSON Abstract Increases in parental cohabitation, separation or divorce, and re-partnering or remar- riage have generated an increase in the complexity of family and kinship ties. As a result, many scholars claim that family and kinship have become voluntary, with rights and obligations to be negotiated in the same way as those between friends and neighbors. This essay briefly reviews the demographic trends that have produced complex families and kin, and their projections into the future. It argues that kinship structures arising from stable nuclear family and kin networks provide a template for the organization of more complex family ties. Although a considerable degree of voluntariness can be found in ties among complex families and kin, rights and obligations remain structured in terms of blood and marriage, and are also strongly influenced by periods of coresidence. Guidelines do exist for relationships in complex families and kinship networks, and they can be used to further institutional arrange- ments that fit the circumstances of increasingly diverse types of families andkin. During the twentieth century, and particularly since mid-century, intimate partnerships have undergone dramatic changes. Marriage is no longer required for couples to live together and have children. Couples have freedom to end their relationship, even when they have become parents. These trends are further along in some societies than others, but they are emerging in virtually all affluent “western” societies (Andersson, Thomson, & Duntava, forthcoming). Because separation and divorce usually occur during the childrear- ing years, the trend is toward an increasing pool of single parents who return to the partnership market. -
The African Family: Hindrance Or a Blessing for Development
AFRICAN FAMILY IN CULTURE & Development Lecture 5 African Family & Related Issues AK Awedoba: July 2016 Content of Lecture • African Family Structures and kinship • Types of family • The African Family: Hindrance or a Blessing for Development • Family Ideology and Business management • Property Devolution & laws of intestate succession, etc. • Other related matters Some Readings on the Family Fortes M.‘The Family: Bane or Blessing?’ Azu, Diana G. The Ga family and Social Change Nukunya G. K. Kinship and Marriage Among the Anlo Ewe Awedoba A. K. Culture & Development Visit Sakai LMS on UG webpage under Quick links Defining the African Family Group of people related through perceived ‘blood’ ties, marriage or by adoption. Members identify with each other and may or may not live together, . May cooperate on regular/irregular basis, . Could share collective interests & sentiments Characteristics The morality of family imposes reciprocity - sharing and caring for one another; - loyalty & commitment to members; The closer the kinship bond, the greater the commitment and the higher the degree of reciprocity is expected to be. In Africa people tend to boast about their family Remarks The family is foundation of society & culture. • Individuals are born into a family, grow up within a family and are socialized to become responsible members of society. Though less significant than in the past, Africans still value their family. – Newspaper obituaries celebrate kinship and family; – Corpses are transported hundreds of miles for burial in family burial grounds; – Attachment to the family accounts for many societal and individual behaviours and attitudes. Perceptions of the African Family Today, we tend to compare African & European notions of family; some see the African family as a bane (hindrance ) to development while for others it is a blessing and asset. -
The Transformation of American Family Structure
The Transformation of American Family Structure STEVEN RUGGLES "EXPLODED-'MYTH' OF THE VICTORIAN FAMILY," screamed the two-inch head- line in the tabloid Daily Mail on April 5, 1990. The subheadline read, "People Today Care Far More, Historian Claims." The historian referred to was Richard Wall, one of the foremost scholars of historical family structure, and the occasion for the article was a paper he presented to the British SociologicalAssociation on the history of living arrangements among the elderly. The newspaper quoted Wall: "The image of a golden age in the past when granny sat beside the fire knitting, while helping to look after the children, is a popular myth ... if anything, family ties were less strong in past centuries."' Wall was not the first to explode this particular myth. In fact, his paper falls squarely within a prominent historiographical tradition. For more than thirty years, sociologists and historians have been combating the theory that there was a transition from extended to nuclear family structure. Instead, the revisionists argue, family structure has remained unchanged and overwhelmingly nuclear in northwestern Europe and North America for centuries. Recounting this revision- ist interpretation has become obligatory in writing on historical family structure.2 Funding for data preparation was provided by the National Science Foundation (SES-9118299, 1991-93, and SES-9210903, 1992-95); the National Institute of Child Health and Human Devel- opment (HD 25839, 1989-93); and the Graduate School of the University of Minnesota (1985-93). The research was carried out under a Bush Sabbatical fellowship from the University of Minnesota (1992-93). -
2010 Annual Research Symposium Abstract Book
Trinity College Trinity College Digital Repository Science Symposia Abstracts Science Center Spring 2010 2010 Annual Research Symposium Abstract Book Trinity College Follow this and additional works at: https://digitalrepository.trincoll.edu/sci_symposia Part of the Life Sciences Commons, Medicine and Health Sciences Commons, and the Physical Sciences and Mathematics Commons Recommended Citation Trinity College, "2010 Annual Research Symposium Abstract Book" (2010). Science Symposia Abstracts. 13. https://digitalrepository.trincoll.edu/sci_symposia/13 TWENTY-THIRD ANNUAL SYMPOSIUM OF TRINITY COLLEGE UNDERGRADUATE RESEARCH TABLE OF CONTENTS Poster # Title Page # BIOLOGY 1. HISTOLOGY AND ULTRASTRUCTURE OF THE PLACENTAL MEMBRANES OF THE VIVIPAROUS LIZARD SCELOPORUS JARROVI, WITH COMPARISON TO THE OVIPAROUS LIZARD, SCELOPORUS UNDULATUS Kristie Anderson ‘10 15 2. USING ARTEMIA AS A MODEL SYSTEM FOR DIGESTION RATE COMPARISONS Katherine Bibi ‘10 15 3. BRAIN CELL PROLIFERATION IS ENHANCED BY NATURAL ENVIRONMENT AND BREEDING SEASON IN ADULT ELECTRIC FISH, BRACHYHYPOMUS GAUDERIO Michael Chung ‘11 16 4. MOLECULAR-ASSISTED ALPHA TAXONOMY OF THE ‘CENTROCERAS CLAVULATUM COMPLEX’ (CERAMIALES, CERAMIACEAE) IN BERMUDA, WESTERN ATLANTIC Elisabeth Cianciola ‘10 16 5. THE EFFECTS OF MUTATED SERRATE LIGANDS ON THE NOTCH SIGNALING PATHWAY IN DROSOPHILA MELANOGASTER Gina V. Filloramo ‘10 17 6. A MORPHOLOGICAL ANALYSIS OF GAYLIELLA TRANSVERSALIS (CERAMIACEAE, RHODOPHYTA) FROM ITS TYPE LOCALITY IN BERMUDA, WESTERN ATLANTIC Gina V. Filloramo ‘10 18 7. USING FLUORESCENT MICROSCOPY TO OBSERVE LYSOSOME- PHAGOSOME FUSION IN NOCTILUCA SCINTILLANS Jacob Gire ‘10 18 8. DO CHANGES IN THE NORMAL FLORA OF THE UPPER RESPIRATORY TRACT CORRELATE WITH UPPER RESPIRATORY TRACT INFECTIONS? Lam Hoang ‘13, Youna Kang ‘13 19 1 Poster # Title Page # 9. THE EFFECT OF CORTISOL ON NEUROGENESIS AND CHIRPING BEHAVIOR IN WEAKLY ELECTRIC FISH, APTERONOTUS LEPTORHYNCHUS Denisa Jashari ‘10, Kristina Pappas ‘10 19 10. -
A Family Matter Citizenship, Conjugal Relationships, and Canadian Immigration Policy
A Family Matter Citizenship, Conjugal Relationships, and Canadian Immigration Policy MEGAN GAUCHER Sample Material © UBC Press 2018 Contents Acknowledgments / vi . Introduction / 3 1 Th e Invisibility of Family in the Canadian Conversation / 17 2 Inside/Outside Families: Th e Politics of Relationship Recognition in Canadian Law and Policy / 39 3 Th e Role of Relationships in Canadian Refugee Determination Process for Sexual Minorities / 75 4 An Education in Conjugality: Experiences of Common-Law Couples with Spousal Sponsorship / 99 5 Canada’s Anti–Marriage Fraud Campaign and the Production of “Legitimate” Conjugal Citizens / 121 6 Rethinking Conjugality / 155 . C onclusion / 175 Notes / 185 Works Cited / 199 Index / 225 Sample Material © UBC Press 2018 Introduction “Immigration control is not just a power symbol of nationhood and people, but also a means to literally construct the nation and the people in particular ways.” – EITHNE LUIBHÉID In March 2013, Immigration, Refugees and Citizenship Canada (IRCC) launched its “Fraud Prevention Month” specifi cally to generate social awareness on the issue of marriage fraud. Contending that abuse of Canada’s current family reunifi cation program had reached a crisis point, the Harper government introduced a series of initiatives for fraud prevention and penalization, with then minister of citizenship, immigration and multi- culturalism Jason Kenney stating, “Canada’s doors are open to the vast majority of newcomers who are hard-working and follow the rules, but Canadians have no tolerance for anyone who tries to jump the immigration line to gain entry to Canada or acquire permanent residency or citizenship through fraudulent means” (National Post 2013 ). 1 Th e target of Fraud Prevention Month was therefore the undesirable immigrant falsely using family to obtain Canadian citizenship. -
Ethnological Problems and the Production of Archaeological Kinship Research
ETHNOLOGICAL PROBLEMS AND THE PRODUCTION OF ARCHAEOLOGICAL KINSHIP RESEARCH Bradley E. Ensor Department of Anthropology Eastern Michigan University Ypsilanti, Michigan USA [email protected] Ethnology traditionally guides most research on kinship practices. However, diachronic hypotheses are inadequately tested when using synchronic and normative information from limited periods of ethnological observations. Archaeological kinship analysis on residence, descent, and marriage, using middle-range factual correspondences between social practice and material remains, enable plausible inferences on variation and change in kinship practices over long periods of time. Therefore, archaeology is ideal for independently evaluating diachronic hypotheses. Taíno, Maya, and Hohokam case studies are presented and the results obtained from archaeological kinship analyses are summarized. These analyses show that variation and change are prevalent, thereby defying normative characterizations. Several long-standing functionalist hypotheses on the emergence of residence and descent practices are evaluated, and several of these find little support from long-term diachronic archaeological testing. In addition, archaeological kinship analyses can provide new insights on kinship practices unavailable to ethnology, further demonstrating the archaeological subfield’s capacity to become a major contributor to the contemporary expansion of kinship research. Introduction The thesis of this chapter is that archaeological kinship analysis has the potential to ad- dress -
Family Ties, Inheritance Rights, and Successful Poverty Alleviation: Evidence from Ghana*
Family Ties, Inheritance Rights, and Successful Poverty Alleviation: Evidence from Ghana* Edward Kutsoatia and Randall Morckb This draft: February 29, 2012 Abstract Ghanaian custom views children as members of either their mother’s or father’s lineage (extended family), but not both. Patrilineal custom charges a man’s lineage with caring for his widow and children, while matrilineal custom places this burden on the widows’ lineage – her father, brothers, and uncles. Deeming custom inadequate, and to promote the nuclear family, Ghana enacted the Intestate Succession (PNDC) Law 111, 1985 and 1998 Children’s Act 560 to force men to provide for their widows and children, as in Western cultures. Our survey shows that, although most people die intestate and many profess to know Law 111, it is rarely implemented. Knowledge of the law correlates with couples accumulating assets jointly and with inter‐vivos husband to wife transfers, controlling for education. These effects are least evident for widows of matrilineal lineage men, suggesting a persistence of traditional norms. Widows with closer ties with their own or their spouse’s lineage report greater financial support, as do those very few who benefit from legal wills or access Law 111 and, importantly, widows of matrilineal lineage. Some evidence also supports Act 560 benefiting nuclear families, especially if the decedent’s lineage is matrilineal. Overall, our study confirms African traditional institutions’ persistent importance, and the limited effects of formal law. * We are deeply grateful -
Major Trends Affecting Families in the Gulf Countries
Major Trends Affecting Families In The Gulf Countries Prof.Yahya El-Haddad Bahrain University College of Arts Social Science Dept. May 2003 1 Major Trends Affecting Families In The Gulf Countries Introduction The Gulf societies have been undergoing radical changes since the end of the 1970s. The Arab Gulf family is passing through a fast transition that affects its functions, roles, authority and structure. One must start with a prelimary hypothesis that reviews the Arab Gulf family as a basic unit that extends its cultural components from Arab Islamic sources; and as an economic unit that performs a number of economic roles to the benefit of its own members and of society; and as a social unit where social interactions between family members occur within the context of social relations set by values and norms of their culture. When speaking of the nuclear family one might think that it is the same as the Western nuclear family. In fact we must clearly distinguish between the Arab Gulf nuclear family and the Western one. The Arab Gulf nuclear family is in a transitional stage that carries many features of both the Western model and the traditional extended family model. Hence, we are dealing with a nuclear family characterized by extended relations, a condition not present in the Western family. The Impact of Urban Living on the Family and the Individuals Rural-urban migration has played, and is still playing, a significant role in urban transformations in most Arab Gulf cities, and has significant impact on the nature and type of urban life, especially at the family level. -
13.5.2002 Uradni List Evropskih Skupnosti L 125/1 Odločba
19/Zv. 5 SL Uradni list Evropske unije 3 32002D0350 13.5.2002 URADNI LIST EVROPSKIH SKUPNOSTI L 125/1 ODLOČBA KOMISIJE z dne 3. aprila 2002 o spremembi Odločbe 2001/781/ES o sprejemu priročnika sprejemnih organov in priročnika seznama spisov, ki se vročajov skladu z Uredbo Sveta (ES) št. 1348/2000 o vročanju sodnih in izvensodnih spisov v civilnih in trgovinskih zadevah v državah članicah (notificirano pod dokumentno številko K(2002) 1132) (2002/350/ES) KOMISIJA EVROPSKIH SKUPNOSTI JE – (3) V skladu z Uredbo (ES) št. 1348/2000, je bila Odločba Komisije 2001/781/ES z 25. septembra 2001 o sprejemu priročnika sprejemnih organov in glosarja spisov, ki se ob upoštevanju Pogodbe o ustanovitvi Evropske skupnosti, vročajo v skladu z Uredbo Sveta (ES) št. 1348/2000 o vročanju sodnih in izvensodnih spisov v civilnih in trgo- vinskih zadevah v državah članicah (2), objavljena v Urad- nem listu Evropskih skupnosti. ob upoštevanju Uredbe Sveta (ES) št. 1348/2000 z 29. maja 2000 o vročanju sodnih in izvensodnih listin v civilnih ali gospodarskih zadevah v državah članicah (1), in zlasti točk (a) in (b) člena 17 Uredbe, (4) Priročnik in seznam je treba posodobiti s podatki, ki jih Komisiji pošilja Nemčija. ob upoštevanju naslednjega: (5) Ukrepi, predvideni s to odločbo, so v skladu z mnenjem odbora ustanovljenim s členom 18 Uredbe (ES) (1) Za izvajanje Uredbe (ES) št. 1348/2000 je bilo treba pri- št. 1348/2000 – praviti in objaviti priročnik s podatki o sprejemnih orga- nih, predvidenih v členu 2 te uredbe. (2) Točka (b) člena 17 Uredbe (ES) št. -
Friedensinfo 41
Vier Möglichkeiten das FRIEDENS-INFO zu abonnieren: friedens 111 U1l Anbei 10,- DM für die nächsten 10 Ausgaben (incl. Porto) Infonnatlonen Lill Ich schenke ein Abo für 10,- DM an: Nr.41 Juni/Juli 1989 Adresse: Name Straße . Preis: 50 Pfennig PLZ Wohnort Telefon . Herausgegeben von den Frledensinifia1iven Rhein· Hunsrück und Nahe· Hosel Lill Ich überweise monatlich eine Spende von DM für die Friedensarbeit im Hunsrück und erhalte dann das INFO kostenlos. Lill Ich überweise eine einmalige Spende von DM Ab 26. Juni J989 mit Riesenlultballons: Absender: Name: Straße . Hunsrütker Protestaktion PLZ Wohnort Telefon . gegen Tiell'ugterrorl Spendenkonto: Volksbank Kirchberg, BLZ 56061472, Kto 101 3591 Postschekkonto Ffm, Sonderkonto Hildegard Engelmann, Kto Nr 44 1898-603 Einsenden an: Friedensbüro, Bopparderstr. 25, 5448 Kastellaun, Tel. 06762-6075 Die jewcils nCUCSlen ßcobacJlIungel1. Termine. Hil1ICr grundbcrichlc und "Indiskretioncn" allcr Ar!, Heraus I 'gcgcben von Milarbeilcrn der HUl1srlickcr Friedens' bewegung. • Das HUNSRÜCK-FORUM kostet im Jahresabonnement DM 12,80 (incL Port<?) und ist zu beziehen über Postfach 451, 6540 Simmcrn, Telefon 06746/1639, IMPRESSUM: - Friedensinformationen - der FI Rhein-Hunsrück-Mosel Bopparder Str. 25, 5448 Kastellaun, Tel. 06762/6075 V.i.S.d.P.: Heidrun Kisters, Reinhard Sczech, Horst Petry SatZ+Oruck: Druckerei H. Petry, 5449 Pfalzfeld - Ballon-Aktion B!gen TiefflielLer Verein für friedenspolitische und demokratische Bildung: Wir wollen uns jetztgegen den unvenninderten Tiefflug - vorwiegend amerikanischer Strah! flugzeuge - über den Hunsrück zur Wehr setzen. Dabei wollen wir uns in der Luft kenntlich Gemeinsam kämpfenl machen, indem wir den Piloten unmittelbar unseren Protest, mit bunten Ballons in 100 Meter Höhe, zeigen. Auch die enonne Steigerung des Nachtflugbetriebes der F-l6-Jagdbomber in den letzten Wochen veraniaßt uns, dagegen in besonderer Weise zu protestieren! Gemeinsam ausruhen? Die einzelnen Stammtische sind deshalb aufgerufen, in ihren Orten festzustellen, wieviele Ballons gebraucht werden.