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Family Law - Thomas - f2006

Family Law - Thomas - f2006 - Family Law OutlineFall 2006...

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Family Law Outline—Fall 2006 Chapter 1: American Family Law: Definitions, Policy and Trends Section 1: The New Family and The New Family Law The New Family—Mary Ann Glendon Three important attributes of the modern family Fluidity Detachability Interchangeability Circumscribing the Family Unit: The Law of Companionate Marriage Husband-Wife relationship has become the “central zone” of the modern family Pre-modern family included a wider circle of people Pre-modern family was “open lineage” with outer boundaries relatively weak and permeable in contrast to the close-knit, inward-turning modern family Bonding of the New Family—Marriage Loose Bonded more by emotional than economic ties Marriage is no longer so important as a determinant of wealth, rank, and status making it easier for “freedom to marry” to be established as an important legal principle. Loose Decline of parental control over a marriage decision Rise of “children’s rights” Substitution of social for what were previously family responsibilities The Emergence of The Individual Sir Henry Maine, “the movement of the progressive societies has hitherto been a movement from Status to Contract” refers to the declining influence of the family in determining an individual’s security and standing
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What entity should determine what constitutes a family? Due Process: Do you have a protectable liberty or property interest? Remember two prongs for substantive due process: Legitimate state interest Rationally related to state’s interest Moore v. City of East Cleveland -U.S. SC struck down a city ordinance prohibiting head of household from housing more than one line of dependent child. Strict scrutiny used because privacy rights of family & grandparents raising their g-children was in traditional definition of family (grandmother living with two grandsons, who were first cousins) (Non-traditional families as Ps try & align with Moore for a higher level of scrutiny) Belle Terre- SC upheld a zoning ordinance that did not affect related individuals (blood, marriage, consanguinity) applying a lower level of scrutiny than Moore to unrelated college students living together (Municipalities argue Belle Terre) Can family include unmarried couples with children? Hann v. Housing Authority -Y, because unmarried couples can create a positive family situation for children and so many unmarried couples with children in society that bizarre for court not to consider them as a family. Can long-term homosexual couples constitute a family? Braschi -Y, in NY for purposes of rent control law, NY court looked at exclusivity and longevity of relationship, protection of individuals from sudden dislocation, couple held themselves out as a family to society, and interdependence of couple for daily operations. What about rights of foster family compared with rights of biological family?
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Family Law - Thomas - f2006 - Family Law OutlineFall 2006...

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