Overview
1. Some modern day “federalists” promote greater uniformity of state laws, particularly in areas of sexuality, marriage, and family. What would be the pros and cons of having a single system of family law in the United States? In what ways could a uniform system of family law increase or decrease personal autonomy?
2. Two individuals can be married in one state but be divorced in another. Unless the parties have contracted otherwise, the state of the divorce determines the terms of separation, such as property division and spousal support. The parties obviously agreed to the state jurisdiction for their marriage, but they do not always select the same state for a divorce. What arguments might be advanced, or not, for the position that the state for the divorce should use the divorce laws from the state of the parties' marriage?
3. In compliance with the standards of due process, all courts require some form of notice to the defendant in all legal cases. Divorce allows service by publication if the filing party has attempted other methods first and files a sworn statement that the defendant's current whereabouts are unknown. Publication frequently occurs in a small, local newspaper that a defendant is not likely to read. Consider the reasons why courts have determined that this is legally adequate. What alternatives, if any, might be used to give notice when the defendant in a divorce case cannot be easily located?
Help me answer these three questions and only use Chapter 11 to help you answer these questions which I attached down below. Do not use anything else or any other sources.
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Help me answer these two questions and only use Chapter 12 to help you answer these questions which I attached down below. Do not use anything else or any other sources.
1. Family law has embodied a progression of changes, including the end of sex bias in awards of support and custody and the end of race bias in marriage regulation. In many ways, these changes are congruent with changes in the law outside of family law issues. For example, changes in employment law—to guarantee equal opportunity and equal pay—have matched those in family law. Is there any basis for the legislature and/or the courts to use a different standard of sexual equality in employment than in family law? For example, is there any lingering justification for considering sex of the litigant in a custody or spousal support dispute but not in a labor market dispute, or vice versa? Can the race of the child and adoptive parents be considered in adoptions without violating the Equal Protection Clause?
2. Children can be exploited and yet receive monetary compensation through Internet and television exposure. What are the advantages, if any, of keeping decision making regarding such exposure with the parents? What are the advantages and disadvantages of removing some of these choices from parents and imposing government regulation? How might we develop a rubric by which to determine when government intervention is superior to parental control?