logging in or signing up 1 11 Belly Download Post to : URL : Related Presentations : Share Add to Flag Embed Email Send to Blogs and Networks Add to Channel Uploaded from authorPOINTLite Insert YouTube videos in PowerPont slides with aS Desktop Copy embed code: (To copy code, click on the text box) Embed: URL: Thumbnail: WordPress Embed Customize Embed The presentation is successfully added In Your Favorites. Views: 175 Category: Education License: All Rights Reserved Like it (0) Dislike it (0) Added: February 19, 2008 This Presentation is Public Favorites: 0 Presentation Description No description available. Comments Posting comment... By: ranasinghe (18 month(s) ago) Great one. Kindly forward it to my mail ID. chulodarar@yahoo.com Saving..... Post Reply Close Saving..... Edit Comment Close Premium member Presentation Transcript Family Law: Family Law Barbara Glesner Fines 1-511 Holmes 235-2380Why Family Law?: Why Family Law? Fundamental understanding of law Bar preparation generally and specifically Preparation for practice Foundation for further studyWhat will we learn?: What will we learn? Doctrine Themes SkillsSubstantive Doctrine: Substantive Doctrine Defining Family Regulating Family Reorganizing FamilyThemes in family law: Themes in family law Public v. private ordering – Should the government regulate family? When? Why? How? Is the law a good tool for regulating family?Who should decide?: Who should decide?Who should decide?: Government? Which one? Family? Which one? HOW do we decide who should decide? Who should decide?What Standards?: What Standards? Moral? Social? Economic? Psychological? Legal? Personal?What is a Family?: What is a Family?How do we label families?: How do we label families? “Nuclear Family” Single-parent (never-married, divorced, widowed) Blended (Steps and Halves) Adoptive Foster Extended Non-traditionalCensus definition: Census definition “Two or more persons, living in the same household, and related by blood, marriage or adoption.” Census: Families & Non-Families: Census: Families & Non-FamiliesFamily Compositions: Family Compositions Married no kids Other Married w/ kids Solo Other familyWhat is the Law’s Definition of “Family”?: What is the Law’s Definition of “Family”? It Depends: The legal definition of “family”, like the body of family law itself, is not a unitary concept derived from a single area of legislation or a single branch of case law What purposes are served by a legal definition of family?: What purposes are served by a legal definition of family?A legal definition of family:: A legal definition of family: Regulates responsibilities and authority between individuals. Regulates access to important social benefits. May confer psychological and social consequences also. What Constitutional Considerations are Implicated by a Legal Definition of Family?: What Constitutional Considerations are Implicated by a Legal Definition of Family?Characterizing the personal interest affected: Characterizing the personal interest affected “Fundamental interests” or interests affecting “protected classes” require "strict scrutiny" If not a fundamental interest or protected class, use the "rational basis" test Describe the “fundamental interest” the court was protecting in Moore v. City of East Cleveland.: Describe the “fundamental interest” the court was protecting in Moore v. City of East Cleveland.How might the law define “family”?: How might the law define “family”? Formalism v. FunctionalismFormalistic Definitions: Formalistic Definitions Defines family relationships according to the model of the traditional nuclear family. Recognizes only individuals related to each other by the bonds of blood, adoption, or marriage. Advantages & Disadvantages of Formalism: Advantages & Disadvantages of Formalism Favors the traditional “nuclear” family over all others Clear, predictable standard But, may be both over-inclusive and under-inclusive.Functional Definition of Family: Functional Definition of Family Asks whether a relationship shares the essential characteristics of a traditionally accepted relationship and fulfills the same human needs. Functional characteristics: Functional characteristics 1. the exclusivity and longevity of the relationship, 2. the level of emotional and financial commitment, 3. the manner in which the parties have conducted their everyday lives 4. held themselves out to society, 5. reliance placed upon one another for daily family services.Reasons for Shift to a Functional Approach: Reasons for Shift to a Functional Approach Reflects change in societal makeup Reflects changes in gender role May better serve statutory purposesCosts of Functional Approach: Costs of Functional Approach Indeterminant Intrusive InappropriateInterviewing Exercise: Interviewing ExerciseActive Listening: Active Listening truly wish to learn, keep focused on them (not yourself) verify content verify (non-judgmentally) emotions.Next Class: Next Class Constitutional Framework: Read 95-134; 839-870 (Zablocki, Goodridge & Lawrence) Skim Text pp. 134-48 Mo. Rev. Stat. 451.090; 451.020; 451.030 and 451.022 You do not have the permission to view this presentation. In order to view it, please contact the author of the presentation.
1 11 Belly Download Post to : URL : Related Presentations : Share Add to Flag Embed Email Send to Blogs and Networks Add to Channel Uploaded from authorPOINTLite Insert YouTube videos in PowerPont slides with aS Desktop Copy embed code: (To copy code, click on the text box) Embed: URL: Thumbnail: WordPress Embed Customize Embed The presentation is successfully added In Your Favorites. Views: 175 Category: Education License: All Rights Reserved Like it (0) Dislike it (0) Added: February 19, 2008 This Presentation is Public Favorites: 0 Presentation Description No description available. Comments Posting comment... By: ranasinghe (18 month(s) ago) Great one. Kindly forward it to my mail ID. chulodarar@yahoo.com Saving..... Post Reply Close Saving..... Edit Comment Close Premium member Presentation Transcript Family Law: Family Law Barbara Glesner Fines 1-511 Holmes 235-2380Why Family Law?: Why Family Law? Fundamental understanding of law Bar preparation generally and specifically Preparation for practice Foundation for further studyWhat will we learn?: What will we learn? Doctrine Themes SkillsSubstantive Doctrine: Substantive Doctrine Defining Family Regulating Family Reorganizing FamilyThemes in family law: Themes in family law Public v. private ordering – Should the government regulate family? When? Why? How? Is the law a good tool for regulating family?Who should decide?: Who should decide?Who should decide?: Government? Which one? Family? Which one? HOW do we decide who should decide? Who should decide?What Standards?: What Standards? Moral? Social? Economic? Psychological? Legal? Personal?What is a Family?: What is a Family?How do we label families?: How do we label families? “Nuclear Family” Single-parent (never-married, divorced, widowed) Blended (Steps and Halves) Adoptive Foster Extended Non-traditionalCensus definition: Census definition “Two or more persons, living in the same household, and related by blood, marriage or adoption.” Census: Families & Non-Families: Census: Families & Non-FamiliesFamily Compositions: Family Compositions Married no kids Other Married w/ kids Solo Other familyWhat is the Law’s Definition of “Family”?: What is the Law’s Definition of “Family”? It Depends: The legal definition of “family”, like the body of family law itself, is not a unitary concept derived from a single area of legislation or a single branch of case law What purposes are served by a legal definition of family?: What purposes are served by a legal definition of family?A legal definition of family:: A legal definition of family: Regulates responsibilities and authority between individuals. Regulates access to important social benefits. May confer psychological and social consequences also. What Constitutional Considerations are Implicated by a Legal Definition of Family?: What Constitutional Considerations are Implicated by a Legal Definition of Family?Characterizing the personal interest affected: Characterizing the personal interest affected “Fundamental interests” or interests affecting “protected classes” require "strict scrutiny" If not a fundamental interest or protected class, use the "rational basis" test Describe the “fundamental interest” the court was protecting in Moore v. City of East Cleveland.: Describe the “fundamental interest” the court was protecting in Moore v. City of East Cleveland.How might the law define “family”?: How might the law define “family”? Formalism v. FunctionalismFormalistic Definitions: Formalistic Definitions Defines family relationships according to the model of the traditional nuclear family. Recognizes only individuals related to each other by the bonds of blood, adoption, or marriage. Advantages & Disadvantages of Formalism: Advantages & Disadvantages of Formalism Favors the traditional “nuclear” family over all others Clear, predictable standard But, may be both over-inclusive and under-inclusive.Functional Definition of Family: Functional Definition of Family Asks whether a relationship shares the essential characteristics of a traditionally accepted relationship and fulfills the same human needs. Functional characteristics: Functional characteristics 1. the exclusivity and longevity of the relationship, 2. the level of emotional and financial commitment, 3. the manner in which the parties have conducted their everyday lives 4. held themselves out to society, 5. reliance placed upon one another for daily family services.Reasons for Shift to a Functional Approach: Reasons for Shift to a Functional Approach Reflects change in societal makeup Reflects changes in gender role May better serve statutory purposesCosts of Functional Approach: Costs of Functional Approach Indeterminant Intrusive InappropriateInterviewing Exercise: Interviewing ExerciseActive Listening: Active Listening truly wish to learn, keep focused on them (not yourself) verify content verify (non-judgmentally) emotions.Next Class: Next Class Constitutional Framework: Read 95-134; 839-870 (Zablocki, Goodridge & Lawrence) Skim Text pp. 134-48 Mo. Rev. Stat. 451.090; 451.020; 451.030 and 451.022