Over the past thirty years, there has been a dramatic shift in the way the legal system approaches and resolves family disputes. Traditionally, family law dispute resolution was based on an ¿adversary¿ system: two parties and their advocates stood before a judge who determined which party was at fault in a divorce and who would be awarded the rights in a custody dispute. Now, many family courts are opting for a ¿problem-solving¿ model in which courts attempt to resolve both legal and non-legal issues. At the same time, American families have changed dramatically. Divorce rates have leveled off and begun to drop, while the number of children born and raised outside of marriage has increased sharply. Fathers are more likely to seek an active role in their children¿s lives. While this enhanced paternal involvement benefits children, it also increases the likelihood of disputes between parents. As a result, the families who seek legal dispute resolution have become more diverse and their legal situations more complex. In Divorced from Reality, Jane C. Murphy and Jana B. Singer argue that the current "problem solving" model fails to address the realities of today's families. The authors suggest that while today¿s dispute resolution regime may represent an improvement over its more adversary predecessor, it is built largely around the model of a divorcing nuclear family with lawyers representing all parties¿a model that fits poorly with the realities of today's disputing families. To serve the families it is meant to help, the legal system must adapt and reshape itself.
"This book examines how the law influences our most personal and private choices-who we desire and choose as intimate partners-and explores the psychological, economic, and social effects of these choices. It proposes ways to minimize law's influence over who we desire, love, and bring into our families, including changes to dating platforms, as well as housing, education, and transportation policies"--
"This interdisciplinary book compares legal responses to social parenthood, exploring how legal systems recognize adults-including same-sex partners, stepparents, nonmarital partners, grandparents, fictive kin, and other caretakers-who are parenting children, but who are not typically treated as legal parents"--
"Explores the failures of family court and calls for immediate and permanent change"--
Argues for legal reforms to protect couples who live apart but perform many of the functions of a familyLiving Apart Together is an in-depth look at a new way of being a couple and ¿doing family¿¿living apart together (LAT)¿in which committed couples maintain separate residences and finances. In Bowman¿s own 2016 national survey, 9% of respondents reported maintaining committed relationships while living apart, typically spending the weekend together, socializing together, taking vacations together, and looking after one another in illness, but maintaining financial independence. The term LAT stems from Europe, where this manner of coupledom has been extensively studied; however, it has gone virtually unnoticed in the United States.Living Apart Together aims to remedy this oversight by presenting original research derived from both randomized surveys and qualitative interviews. Beginning with the large body of social science literature from outside the US, Cynthia Bowman examines the prevalence of this lifestyle, the demographics of people who live apart, their reasons for doing so, and how these individuals manage finances, care during illness, and many other aspects of family life. She focuses in particular detail on three key demographics¿women, gay men, and the elderly¿and how individuals from these groups engage in LAT behavior. She finds that while these living arrangements are more common than previously believed, there are virtually no legal protections for the people involved. Bowman concludes by proposing a number of legal reforms to support the caregiving functions LAT partners perform for each other. Living Apart Together makes an important case for formal recognition of this growing but largely overlooked family structure.
Answers the calls of grassroots communities pressing for integration and increased education funding with a complete rethinking of school disciplineIn the era of zero tolerance, we are flooded with stories about schools issuing draconian punishments for relatively innocent behavior. One student was suspended for chewing a Pop-Tart into the shape of a gun. Another was expelled for cursing on social media from home. Suspension and expulsion rates have doubled over the past three decades as zero tolerance policies have become the normal response to a host of minor infractions that extend well beyond just drugs and weapons. Students from all demographic groups have suffered, but minority and special needs students have suffered the most. On average, middle and high schools suspend one out of four African American students at least once a year. The effects of these policies are devastating. Just one suspension in the ninth grade doubles the likelihood that a student will drop out. Fifty percent of students who drop out are subsequently unemployed. Eighty percent of prisoners are high school drop outs. The risks associated with suspension and expulsion are so high that, as a practical matter, they amount to educational death penalties, not behavioral correction tools. Most important, punitive discipline policies undermine the quality of education that innocent bystanders receive as well¿the exact opposite of what schools intend. Derek Black, a former attorney with the Lawyers¿ Committee for Civil Rights Under Law, weaves stories about individual students, lessons from social science, and the outcomes of courts cases to unearth a shockingly irrational system of punishment. While schools and legislatures have proven unable and unwilling to amend their failing policies, Ending Zero Tolerance argues for constitutional protections to check abuses in school discipline and lays out theories by which courts should re-engage to enforce students¿ rights and support broader reforms.
Ending Zero Tolerance answers the calls of grassroots communities pressing for integration and increased education funding with a complete rethinking of school discipline.In the era of zero tolerance, we are flooded with stories about schools issuing draconian punishments for relatively innocent behavior. One student was suspended for chewing a Pop-Tart into the shape of a gun. Another was expelled for cursing on social media from home. Suspension and expulsion rates have doubled over the past three decades as zero tolerance policies have become the normal response to a host of minor infractions that extend well beyond just drugs and weapons. Students from all demographic groups have suffered, but minority and special needs students have suffered the most. On average, middle and high schools suspend one out of four African American students at least once a year. The effects of these policies are devastating. Just one suspension in the ninth grade doubles the likelihood that a student will drop out. Fifty percent of students who drop out are subsequently unemployed. Eighty percent of prisoners are high school drop outs. The risks associated with suspension and expulsion are so high that, as a practical matter, they amount to educational death penalties, not behavioral correction tools. Most important, punitive discipline policies undermine the quality of education that innocent bystanders receive as well—the exact opposite of what schools intend. Derek Black, a former attorney with the Lawyers’ Committee for Civil Rights Under Law, weaves stories about individual students, lessons from social science, and the outcomes of courts cases to unearth a shockingly irrational system of punishment. While schools and legislatures have proven unable and unwilling to amend their failing policies, Ending Zero Tolerance argues for constitutional protections to check abuses in school discipline and lays out theories by which courts should re-engage to enforce students’ rights and support broader reforms.
A New Juvenile Justice System aims at nothing less than a complete reform of the existing system: not minor change or even significant overhaul, but the replacement of the existing system with a different vision. The authors in this volume¿academics, activists, researchers, and those who serve in the existing system¿all respond in this collection to the question of what the system should be. Uniformly, they agree that an ideal system should be centered around the principle of child well-being and the goal of helping kids to achieve productive lives as citizens and members of their communities. Rather than the existing system, with its punitive, destructive, undermining effect and uneven application by race and gender, these authors envision a system responsive to the needs of youth as well as to the community¿s legitimate need for public safety. How, they ask, can the ideals of equality, freedom, liberty, and self-determination transform the system? How can we improve the odds that children who have been labeled as ¿delinquent¿ can make successful transitions to adulthood? And how can we create a system that relies on proven, family-focused interventions and creates opportunities for positive youth development? Drawing upon interdisciplinary work as well as on-the-ground programs and experience, the authors sketch out the broad parameters of such a system. Providing the principles, goals, and concrete means to achieve them, this volume imagines using our resources wisely and well to invest in all children and their potential to contribute and thrive in our society.
Focuses on ways to intervene at the earliest possible point to rehabilitate and redirect
American political and legal culture is uncomfortable with children's sexuality. While aware that sexual expression is a necessary part of human development, law rarely contemplates the complex ways in which it interacts with children and sexuality. Just as the law circumscribes children to a narrow range of roles¿either as entirely sexless beings or victims or objects of harmful adult sexual conduct¿so too does society tend to discount the notion of children as agents in the domain of sex and sexuality. Where a small body of rights related to sex has been carved out, the central question has been the degree to which children resemble adults, not necessarily whether minors themselves possess distinct and recognized rights related to sex, sexual expression, and sexuality.Children, Sexuality, and the Law reflects on some of the unique challenges that accompany children in the broader context of sex, exploring from diverse perspectives the ways in which children emerge in sexually related dimensions of law and contemporary life. It explores a broad range of issues, from the psychology of children as sexual beings to the legal treatment of adolescent consent. This work also explores whether and when children have a right to expression as understood within the First Amendment.The first volume of its kind, Children, Sexuality, and the Law goes beyond the traditional discourse of children as victims of adult sexual deviance by highlighting children as agents and rights holders in the realm of sex, sexuality, and sexual orientation.
Working mothers are common in the United States. In over half of all two-parent families, both parents work, and women's paychecks on average make up 35 percent of their families' incomes. This book helps you explore the reasons behind the relative paucity of US child care and child care support.
From divorce court to popular culture, alimony is a dirty word. In short, critics of alimony claim it has no place in contemporary visions of marriage as a partnership of equals. The author argues that alimony is often the only practical tool for ensuring that divorce does not treat today's primary caregivers as if they were suckers.
Details how families are made and how bonds are created between families in the brave new world of reproductive technology
Asks bold and direct questions about parenthood in contemporary society
Asks bold and direct questions about parenthood in contemporary society
Expands the field of masculinities and develops new thinking about important issues in feminist and critical race theories
Focuses on ways to prevent kids from entering the system, including reform of the system itself
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