Family Law Aspen Roadmap Law Course Outline

ISBN-10: 0735546304
ISBN-13: 9780735546301
Edition: 2004 (Student Manual, Study Guide, etc.)
List price: $31.95
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Description: Relied on by generations of law school students, Emanuel Law Outlines include detailed reviews of critical issues and key topics, short answer questions, Q&A's, and correlation charts referencing leading casebooks.

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Book details

List price: $31.95
Copyright year: 2004
Publisher: Wolters Kluwer Law & Business
Publication date: 11/2/2004
Binding: Paperback
Pages: 375
Size: 8.25" wide x 10.50" long x 1.00" tall
Weight: 2.398
Language: English

Relied on by generations of law school students, Emanuel Law Outlines include detailed reviews of critical issues and key topics, short answer questions, Q&A's, and correlation charts referencing leading casebooks.

Preface
Casebook Correlation Chart
Capsule Summary
Introduction
Generally
Definition
Central Theme
Dynamic Nature of Field
Societal Influences on Family Law
Women's Movement
Rising Incidence of Divorce
Dissatisfaction with the Family and the Growth of Alternative Family Forms
Dissatisfaction with Traditional Dispute Resolution Processes: The Emergence of Private Ordering
Children's Rights Movement
New Reproductive Technology
Decreasing Influence of Morality
Contemporary Legal Trends
Federalization of Family Law: Increasing Congressional Role
Constitutionalization of Family Law
Movement Toward Uniform State Laws
Preparing to Marry
Premarital Controversies
Breach of Promise to Marry
Gifts in Contemplation of Marriage
Quiz Yourself on Premarital Controversies
Premarital Agreements
Traditional View
Premarital Agreements Distinguished from Other Contracts
Modern Approach
Requirements for Validity
Representation
Uniform Premarital Agreement Act
ALI Principles
Quiz Yourself on Premarital Agreements
Restrictions on Entry into Marriage
Constitutional Limitations on Regulation of the Right to Marry
Quiz Yourself on Constitutional Limitations on Regulation of the Right to Marry
Substantive Restrictions: Capacity
Quiz Yourself on Substantive Restrictions: Same Sex
Quiz Yourself on Substantive Restrictions: Incest, Bigamy, Age
Substantive Restrictions: State of Mind
Quiz Yourself on Substantive Restrictions: State of Mind
Procedural Restrictions
Procedural Variations
Curative Procedural Doctrines
Quiz Yourself on Procedural Variations and Curative Procedural Doctrines
Annulment
Reasons to Seek
Void/Voidable Distinction
Quiz Yourself on Annulment
Conflict of Laws: Which Law Governs Marriage Validity?
Generally
Traditional Rule: Law of Place of Celebration
Restatement (Second) of Conflicts Approach
Uniform Marriage Evasion Act
Exam Tips on Preparing to Marry
Being Married
Introduction
Historical Background: Ecclesiastic versus Civil Jurisdiction
Contract versus Status
Regulation of Roles and Responsibilities
Background: Married Women's Common-Law Disabilities
Support Rights and Obligations During Marriage
Names
Married Woman's Domicile
Employment
Healthcare
Quiz Yourself on Regulation of Roles and Responsibilities
Parenting
Mandatory Maternity Leave Policies
"No Maternity Leave" Policies
Pregnancy Discrimination Act
Fetal Protection Policies
Unemployment Benefits
Parental and Family Leave Policies
Work-Family Conflict: Accommodating Family Needs in the Workplace
Quiz Yourself on Parenting
Criminal Law and Tort Law
Crimes Involving Spouses
Tort Actions Against Third Parties
Inter-Spousal Tort Actions
Quiz Yourself on Criminal Law and Tort Law
Exam Tips on Being Married
Alternative Families
Introduction
Background
Types of Alternative Families
Legal Recognition
Extended Families
Nature of the Constitutional Protection for the Extended Family
Scope of the Constitutional Protection for the Extended Family
Communal Family
Federal Protection (or, Lack Thereof) for the Communal Family
State Protection for the Communal Family
Unmarried Couples (Heterosexual and Same-Sex Couples)
Criminal Sanctions for Sexual Conduct: Traditional Response
Zoning: Zoning Ordinances and the First Amendment
Housing
Tort Law
Contract Law: Unmarried Couples' Rights Inter Se
Jurisdiction: Unmarried Couples and the Domestic Relations Exception to Federal Jurisdiction
Employment
Inheritance Law
Modern Legislative Reform: Domestic Partnership Legislation
ALI Principles: Status-Based Approach to the Recognition of Cohabitants' Rights upon Dissolution
Quiz Yourself on Alternative Families
Exam Tips on Alternative Families
Divorce
Background
Fault-Based Grounds
Cruelty
Adultery
Desertion
Other Grounds
Fault-Based Defenses
Recrimination
Connivance
Condonation
Collusion
Insanity
Quiz Yourself on Fault-Based Grounds and Defenses
No-Fault Divorce
Early No-Fault Grounds
Modern No-Fault Legislation
Quiz Yourself on No-Fault Divorce
Access to Divoce
Religious Limitations: The "Get"
Financial Limitations: Filing Fees
Right to Counsel
Summary Dissolution
Pro Se Divorce
Discrimination on the Basis of Divorce
Role of Counsel
Dual Representation
Dispelling the Aura of Dual Representation
Confidentiality Issues
Sexual Relations with Clients
Fees
Quiz Yourself on Role of Counsel
Divorce Jurisdiction
Terminology
Subject Matter Jurisdiction
Personal Jurisdiction over the Defendant
Foreign Decrees
Domestic Relations Exception to Federal Jurisdiction: Ankenbrandt v. Richards
Alternatives to Divorce: Annulments and Separations
Divorce, Annulment, and Separation Distinguished
Reasons to Seek
Alternative Dispute Resolution Processes
Arbitration, Conciliation, and Mediation Distinguished
Enforceability of Arbitration Provisions
Mandatory Mediation
Collaborative Law Procedure
Quiz Yourself on Divorce Jurisdiction
Exam Tips on Divorce
Financial Consequences of Dissolution
Standards for the Initial Award of Property, Spousal Support, and Child Support
Division of Property
Quiz Yourself on Division of Property
Quiz Yourself on What is Property?
Spousal Support
Quiz Yourself on Spousal Support
Child Support
Modification of Spousal and Child Support Awards
Standard
Relevant Factors
Jurisdiction and Enforcement of Child Support Awards
Jurisdiction Generally
State Long-Arm Statutes
Interstate Enforcement: URESA, RURESA, and UIFSA
Federal Legislation: Full Faith and Credit for Child Support Orders Act
Enforcement Remedies
Quiz Yourself on Child Support
Separation Agreements
Antenuptial Agreements Distinguished
Validity
Policy
Modification
Enforcement of Settlement Agreement: Merger
Tax Considerations
Spousal Support
Transfers of Property to Spouse Incident to Divorce
Child Support
Other Tax Considerations
Quiz Yourself on Separation Agreements
Exam Tips on Financial Consequences of Dissolution
Child Custody
Introduction
Definition of Custody
Functions of Custody Law
Historical Background
Effects of Divorce on Children
Standards for Selecting the Custodial Parent
Presumptions
Best Interests of the Child
Joint Custody
Quiz Yourself on Standards for Selecting the Custodial Parent
Standards for Selecting the Noncustodial Parent: Visitation
Denial of Visitation
Conditions on Visitation
Interference with Visitation Rights
Quiz Yourself on Standards for Selecting the Noncustodial Parent: Visitation
Standards: Parent Versus Nonparent Disputes
Natural Parent Presumption
Custody and Visitation Rights of Third Parties
Quiz Yourself on Parent Versus Nonparent Disputes
Role of Third Parties
Child's Preference
Counsel for the Child
Expert Testimony
Modification
Standard for Modification
Relocation Controversies
Quiz Yourself on Role of Third Parties and Modification
Jurisdiction and Enforcement
Jurisdiction
Enforcement of Custody Orders
Process to Resolve Disputes
Adversary Process
Mediation
Quiz Yourself on Jurisdiction and Enforcement
Exam Tips on Child Custody
Procreation
Contraception
Access to Contraception Generally
Historical Background
Married Persons' Rights to Contraception
Unmarried Persons' Rights to Contraception
Minors' Rights to Contraception
Misrepresentation of Contraceptive Use
Contraceptive Equity
Abortion
Generally
Historical Background
A Woman's Right to an Abortion
The Abortion Funding Cases
Clinic Access and FACE Laws
The Husband's Rights in the Abortion Context
Minor's Right to an Abortion
Partial-Birth Abortion Bans
Restrictions on the Rights of Pregnant Women
Generally
Prenatal Substance Abusers
State Restrictions on the Right to Procreate for Other Pregnant Offenders
Pregnant Terminally Ill Patients
Forced Cesareans
Living Wills
Fetal Homicide Legislation
Federal Legislation
State Legislation
Quiz Yourself on Abortion
Alternative Reproductive Technology
Artificial Insemination
Surrogacy
In Vitro Fertilization
Embryo Transfers
Ownership and Custody of Reproductive Material
Quiz Yourself on Alternative Reproductive Technology
Exam Tips on Procreation
Child Abuse and Neglect
Historical Background
English Legislation
American Legal and Social Policy
Threshold Standard for Intervention
Generally
Types of Intervention
Specific Standards
Defining Child Abuse
Battering
Abusive Discipline
Religious and/or Cultural Practices
Psychological or Emotional Abuse
Sexual Abuse
Prenatal Abuse
Potential Abuse
Defining Child Neglect
Generally
Parental Acts of Omission
Religious Justification for Medical Neglect
Emotional Neglect
Potential Neglect
Quiz Yourself on Defining Child Abuse and Neglect
Procedure
Reporting Laws
Evidentiary Issues
Quiz Yourself on Procedure
Intervention
Summary Seizure
Intermediate Dispositions
Sanctions for the State's Failure to Protect
Permanent Dispositions: Termination of Parental Rights
Quiz Yourself on Intervention
Exam Tips on Child Abuse and Neglect
The Parent-State Relationship in Special Context
Tort
Children's Liability: Traditional Rule
Exception to Rule of Liability: Children's Conduct of Adult Activities
Parents' Liability for Children's Torts
Quiz Yourself on Torts
Contract
Common-Law Rule
Majority Rule
Policy
Modern View
Quiz Yourself on Contract
Property
Earnings
Inheritance
Quiz Yourself on Property
Education
Parents' Right to Control the Upbringing of their Children
Minors' First Amendment Rights
Minors' Fourth Amendment Rights
Firearms in the Schools
Quiz Yourself on Education
Medical Care
Requirement of Parental Consent
Minor's Consent
Exceptions and Limitations to Parental Consent Requirements
Baby Doe Cases
Quiz Yourself on Medical Care
Exam Tips on The Parent-State Relationship in Special Context
Adoption
Introduction
Definition
Historical Background
Voluntary versus Involuntary Termination of Parental Rights
Social Reality
Selection Standards for Adoptive Parents
Generally
Relevant Factors
Quiz Yourself on Selection Standards for Adoptive Parents
Consent
Consent by the Unmarried Father
Noncustodial Parent's Consent in the Face of a Stepparent Adoption
Quiz Yourself on Consent
Placement Procedure
Agency's Role: Disclosure Requirements
Independent Placement: Intermediary's Role
Subsidized Adoption
Definition
Federal Legislation
International Adoption
The Legal Consequences of Adoption
Marriage Limitations
Inheritance
Custody and Visitation
Open Adoption
Definition
Modern Trend
Best Interests Standard
Quiz Yourself on Open Adoption
Equitable Adoption
Inheritance Purposes
Theories
Quiz Yourself on Equitable Adoption
Adoptee's Right to Know of Origins
Traditional Rule
Modern View
Quiz Yourself on Adoptee's Right to Know of Origins
Adult Adoption
General Rule
Limitations
Adoption of Gays and Lesbians
Adoption Failure: Revocation and Abrogation
Revocation of Consent
Abrogation
Quiz Yourself on Abrogation
Exam Tips on Adoption
Essay Exam Questions
Essay Exam Answers
Glossary
Table of Cases
Table of Statutes
Index

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