Child Custody Agreements and the Effect on Judicial Decision Making in Family Law

Negotiation is the most common method of resolving child custody disputes. The majority of divorces are contested between the parties and it is never clear at the beginning of the divorce proceedings how arrangements between the parties concerning child custody are likely to be resolved. It may be the result of the financial position of each of the parties or the need to find a solution quickly before going to trial. The outcome could depend upon the persuasive methods of divorce advocates of simply the personalities of the parties to…

Family Law – Divorce, Annulment and Child Support

The subject of family law is a broad and diverse subject. It covers a wide range of issues and topics primarily involving the subject of marriage and the rights of children under marriage. Some of the subjects that pertain to family law are divorce, annulment and child support. Divorce Typically the formal definition of divorce is worded in various ways, but generally it is designated as a decree or order from a court judge stating that a marriage is (from that day forward) terminated and dissolved. What we consider divorce…

Kim Kardashian and Reading Law

Kim Kardashian West is apparently starting on a new career. According to this article in Vogue, she’s apprenticing to become a lawyer. Note that her father, Robert Kardashian, was one of O.J. Simpson’s attorneys. “Reading law” used to be a common method of qualifying for law practice. California offers the option of “reading law” rather than formal law school education as a route to qualification as an attorney. Other states which still allow individuals to qualify as lawyers include Vermont, Virginia, and Washington. For more about the transition from reading law…

Morehead on The Devil In Recent American Law @JoeDunman @moreheadstate

L. Joe Dunman, Morehead State University, is publishing The Devil in Recent American Law in the Pace Law Review (forthcoming). Here is the abstract. Despite its secular aspirations, the American legal system is permeated by Christian and other religious ideas. One of the religious ideas that frequently appears in recent American law is the devil – the unholy antithesis of all that is good in the world. Called by many names, such as Satan, Lucifer, or the Antichrist, the devil is no stranger to the United States court system. The…

Joint Custody Arrangements in Modern Family Law

Joint custody, which is otherwise known as shared custody, has increasingly become an alternative order to be made by judges deciding child customs disputes. Earlier on it was more normal for there to be an order for sole custodian to be granted to the mother of the children and then visitation rights to be granted to the father. The arrangement can either be the subject of a custodial agreement negotiated between the parents or it can be imposed upon the couple by the judge ruling the case in the view…

When Is It (In)appropriate? @NealGoldfarb

Neal Goldfarb, Georgetown University Law Center, has published Corpus Linguistics in Legal Interpretation: When Is It (In)appropriate? Here is the abstract. Corpus linguistics can be a powerful tool in legal interpretation, but like all tools, it is suited for some uses but not for others. At a minimum, that means that there are likely to be cases in which corpus data doesn’t yield any useful insights. More seriously, in some cases where the data seems useful, that appearance might prove on closer examination to be misleading. So it is important…

Law & Humanities Blog: Calnan on Law’s Coevolution.@SouthwesternLaw

Alan Calnan, Southwestern Law School, has published Law’s Coevolution. Here is the abstract. One of most pervasive maxims of American jurisprudence is that law evolves. Applied metaphorically, it expresses the broad idea that law gradually adapts to its environment, unfolding in a linear and progressive trajectory controlled by either human reason or social influence. But science now discredits these assumptions. Law does not just evolve philosophically; it coevolves with everything in nature. Recent breakthroughs in the natural sciences show that humans are born with an instinct for legality. According to…

Strong on Arbitration as an Early Common Law Court

S. I. Strong, University of Missouri School of Law, is publishing Past As Prologue: Arbitration as an Early Common Law Court in volume 57 of the Houston Law Review (2020). Here is the abstract. Two well-known means of resolving legal disputes in the United States – consumer arbitration and employment arbitration – have long been characterized as illegitimate forms of “second class” or “rough” justice. Recent years have seen renewed debate about the nature and quality of arbitral decision-making in light of several U.S. Supreme Court opinions involving arbitration. Proponents…