FAMILY LAW

Alimony: A Retreat from Traditional Concepts of Spousal Support…..35:297

Another Case in Lochner’s Legacy, the Court’s Assault on New Property: The Right to the Mandatory Enforcement of a Restraining Order Is a “Sham,” “Nullity” and “Cruel Deception”…..54:509

Baker v. Nelson (Minn. 1971)—Minnesota Marriage Statute Does Not Permit Marriage Between Two Persons of the Same Sex and Does Not Violate Constitutionally Protected Rights…..22:206

Baltimore City Department of Social Services v. Bouknight, 493 U.S. 549 (1990)—A Natural Mother Who Is the Physical Custodian of Her Infant Child Pursuant to a Court Order May Not Invoke the Fifth Amendment Privilege Against Self-Incrimination to Resist a Court Order to Produce the Child…..41:215

Barlow v. Iblings, 156 N.W.2d 105 (Iowa 1968)—Unemancipated Minor Child Cannot Sue His Parent for Injury Caused by the Ordinary Negligence of the Parent…..18:142

Berghammer v. Smith, 185 N.W.2d 226 (Iowa 1971)—Under Most Significant Relationships Rule, Iowa, Unlike Minnesota, Retroactively Applies New Minnesota Rule Establishing Wife’s Recovery for Loss of Consortium…..21:633

Beyond Troxel: The Pragmatic Challenges of Grandparent Visitation Continue…..50:267

Boddie Slam: Questioning the Constitutionality of the Financial Burden of Marriage Dissolution with Incarcerated Defendants in Iowa Courts…..62:1099

Bridges v. Bridges (Miss. 1969)—Divorced Husband Does Not Have to Resume Alimony Payments to Former Wife Who Elects to Annul Her Voidable Remarriage…..18:291

Brinks v. Chesapeake & Ohio R.R. (W.D. Mich. 1969)—The Doctrine of Parental Immunity Does Not Apply Where Both the Parent and Child Are Deceased as a Result of the Alleged Tortious Conduct…..20:200

A Call for IRS Guidance in Drafting Tax Liability Divorce Clauses in Anticipation of Innocent Spouse Litigation…..52:363

Car 54 Where Are You?: Police Response to Domestic Violence Calls…..40:361

Catholic Charities v. Zulesky (Iowa 1975)—Iowa Code Sections 238.26 to 238.28 and 600.3 Comport with the Constitutional Requirements Regarding Equal Protection and Procedural Due Process concerning the Rights of the Putative Father in an Adoption Proceeding…..25:497

Civil Consequences of Conviction for a Felony…..12:141

A Comment on Family Property Rights and the Proposed 27th Amendment…..22:505

Compulsory Sterilization: Weeding Mendel’s Garden…..22:355

Corporal Punishment: For School Children Only…..27:137

Custody of Children in the Conflict of Laws…..1:19

Department of Mental Hygiene v. Kirchner, 60 Cal. 2d 716, 36 Cal. Rptr. 488, 388 P.2d 720 (1964)—May a State Compel a Relative to Support a Mentally Ill Person Confined in a State Mental Institution?…..14:141

Dissolution of Marriage in Iowa: Collateral Determinations Under the No-Fault Concept…..22:584

Dissolution of Marriage When One Spouse Holds a Professional Degree—A Call to Fairness…..36:1

Divorce and Taxation—A New Emphasis in Iowa…..30:273

Domestic Relations—Survey of Iowa Law…..19:124

The Effect of the Gault Decision on the Iowa Juvenile Justice System…..17:53

The Evolution of Joint Custody in Iowa: A Preference Emerges…..34:769

Factors in Determining Child Custody in Iowa…..20:383

The Family and Medical Leave Act of 1993: A Survey of the Act’s History, Purposes, Provisions, and Social Ramifications…..44:51

Fathering a Child from the Grave: What Are the Inheritance Rights of Children Born Through New Technology After the Death of a Parent?…..52:331

Fetal Rights and the Prosecution of Women for Using Drugs During Pregnancy…..48:741

Flaxman v. Flaxman, 273 A.2d 567 (N.J. 1971)—Husband Not Required to Reinstate Alimony Upon Annulment of Wife’s Second Marriage…..21:645

Gaston v. Pittman (Fla. 1969)—A Divorced Woman May Maintain an Action Against Her Former Husband for a Tort Committed by Him Prior to Their Marriage…..19:214

Grandparent Visitation Law Grows Up: The Trend Toward Awarding Visitation Only When the Child Would Otherwise Suffer Harm…..48:279

H.L. v. Matheson (U.S. Sup. Ct. 1981)—A State Statute, Which Requires Physicians to Notify the Parents of Immature and Unemancipated Minors Before Performing an Abortion, Does Not Violate the Minors’ Fundamental Right to Have an Abortion…..31:476

The Inherent Limitations of After-the-Fact Statutes Dealing with the Emotional and Sexual Maltreatment of Children    41:483

In re Estate of Malli (Iowa 1967)—To Establish Common-law Marriage, Marital Intent, Cohabitation, and Public Declaration of Marriage Must Be Shown…..17:264

In re Van Etten’s Estate, 357 Mich. 206, 98 N.W.2d 499 (1959)—Duty of Parent to Support Adult Child…..11:60

The Iowa Indian Child Welfare Act: Clarification and Enhancement of the Federal Act…..54:53

Iowa Reform of Marriage Termination…..20:211

The Iowa Supreme Court’s Child Support Guidelines: Toward an Efficient, Equitable, and Predictable Method of Determining the Amount of Child Support…..41:285

The Iowa Title Standards II…..3:36

The Iowa Uniform Gifts to Minors Act…..9:32

Investigation, Discovery, and Disclosure in Criminal Cases: An Iowa Perspective…..52:739

Is Mama a Criminal?—An Analysis of Potential Criminal Liability of HIV-Infected Pregnant Women in the Context of Mandated Drug Therapy…..50:293

Issues Subject to Modification in Family Law: A New Model…..62:313

Janet G. v. New York Foundling Hospital (N.Y. Fam. Ct. 1978)—The State Cannot Use the Newly-Won Constitutional Rights of Minors to Limit Its Parens Patriae Obligation to Insure that a Surrender of a Child for Adoption by a Minor Mother Is Knowing, Voluntary and Informed…..28:211

A Man’s Right to Choose: Searching for Remedies in the Face of Unplanned Fatherhood…..55:1015

Legislating Surrogate Parenting Arrangements in Iowa: The Aftereffects of the “Baby-M” Decision…..38:103

A Look at Court Mandated Civil Mediation…..49:367

Loss of Consortium in Iowa…..10:33

Mandatory State Interventions for Domestic Abuse Cases: An Examination of the Effects on Victim Safety and Autonomy…..52:295

Maxwell v. Maxwell (Mich. Ct. App. 1969)—Post-Divorce Testimony Concerning Access or Nonaccess of Husband to Wife and Third-Party Testimony of the Wife’s Statement Identifying the Father Are Inadmissible to Determine the Legitimacy of a Child Conceived Before Divorce but Born Subsequent Thereto…..19:219

Parents’ Loss of Consortium Claims for Adult Children in Iowa: The Magical Age of Eighteen…..41:247

Parental and Interspousal Immunity…..13:160

Patton v. Shamburger (Tex. Civ. App. 1967)—Recovery of a Death Benefit by a Child Adopted by Another Before the Death of His Natural Parent…..17:275

Periodic Support Payments in Divorce Decrees as Liens…..4:67

Porter v Porter, 286 N.W.2d 649 (Iowa 1980)—When, After Making a Will, the Testator Is Divorced and All Will Provisions in Favor of His Spouse Are Thereby Revoked by Operation of Law, Bequests Which Are Contingent on the Testator’s Spouse Predeceasing the Testator Are Not Automatically Revoked if the Divorced Spouse Survives the Testator…..30:181

Pre-adoption Practice in Iowa and Recently Proposed Changes…..14:46

Prohibiting Adoption by Same-Sex Couples: Is It in the “Best Interest of the Child”…..49:345

Prosecuting Child Abuse Homicides in Iowa: A Proposal for Change…..44:129

Proxy Marriage and the Conflict of Laws…..1:43

Recovery by a Wife for Injuries Due to Her Husband’s Tortious Acts…..4:51

Redefining Motherhood: Determining Legal Maternity in Gestational Surrogacy Arrangements…..51:605

Redefinition of Alimony Under the Tax Reform Act of 1984…..35:187

Rivera v. Minnich, 107 S. Ct. 3001 (1987)—A State Statute Requiring that Only a Preponderance of the Evidence Need Be Shown in a Paternity Proceeding Does Not Violate the Due Process Clause of the Fourteenth Amendment…..38:167

Rivera v. State (N.Y. Ct. Cl. 1978)—Causes of Action on Behalf of Parents for the Negligent Sterilization of Mother Resulting in the Birth of an Unwanted Child Held Sufficiently Supported by Case Law to Warrant Denial of Motion for Summary Judgment and to Allow Claimant-Parents to Prove All Items of Damage, Including the Anticipated Cost of Rearing the Child, Less Any Benefit Conferred by the Birth…..28:503

The Role of the Child in Selecting His or Her Custodian in Divorce Cases…..27:437

Ropken v. Ropken, 169 Neb. 352, 99 N.W.2d 480 (1959)—Elements of a Common-law Marriage…..11:64

Self-Defense and the Child Parricide Defendant: Should Courts Make a Distinction Between the Battered Woman and the Battered Child?…..44:351

Schantz v. Schantz (Iowa 1968)—Iowa Supreme Court Specifically Enumerates Factors to Be Considered in Determining Alimony Allowances and Property Divisions…..18:298

State v. Siemer, 454 N.W.2d 857 (Iowa 1990)—Parents or Persons Standing In Loco Parentis to a Child or Minor Victim Are Not Beyond the Reach of the Iowa Kidnapping Statute…..41:237

The State’s Duty to Children in Foster Care—Bearing the Burden of Protecting Children…..51:793

The Status of Emancipated Minors in Iowa: The Case for a Clearly Drafted Statute…..44:39

Thompson v. Ogeman County Board of Commissioners, 357 Mich. 482, 98 N.W.2d 620 (1959)—In an Action for the Wrongful Death of a Minor Child, May the Parent or Parents of such Child Recover for the Loss of Possible Contributions the Deceased Child Might Have Made After Reaching Age Twenty-One?…..10:74

Trends in Divorce Reform: Mitigation of the Fault Concept…..19:139

Turner v. Turner (Iowa 1981)—An Unemancipated Minor Can Maintain an Action Against His Parents for Negligence Torts Committed Outside the Area of Parental Authority and Discretion…..31:948

Unaccommodated: Parents with Mental Disabilities in Iowa’s Child Welfare System and the Americans with Disabilities Act…..59:1165

Uniform Reciprocal Legislation to Enforce Familial Duties of Support…..25:206

What Is Cruel and Inhuman Treatment?…..15:125

Wilson v. Coughlin, 147 N.W.2d 175 (Iowa 1966)—Does the Transfer of a Juvenile Delinquent from a Training School for Boys to a Men’s Reformatory Without Constitutional Safeguards to Criminal Prosecution Violate Due Process of Law…..16:101