Contemporary Issues in Family Law*

Limit: 20 Students

There is a host of controversial and fascinating issues facing the modern family and the legal system. This seminar provides the opportunity to explore some of these issues in greater depth. While the central focus of the course will be with the U.S., considerable use will be made of comparative material. Beginning with a discussion of what we mean by “a family”, the seminars will move on to consider whose interests may arise in the context of the family, how those interests are prioritized and balanced; and the capacity of the legal system to do so. A number of specific topics will be considered in depth and students will participate in selecting these topics. They may include: diversity in adult relationships; the consequences of legal recognition of adult relationships; custom-made marriage; domestic abuse; termination of adult relationships; children’s rights; the child-parent relationship; impact on the children of the termination of adult relationships; child protection; property division after the termination of adult relationships; the interest of other family members; older family members; and ADR in the context of the family.

A paper rather than an exam is required, with the submission date for the paper being December 10, 2010. In addition, each student will be required to lead (or co-lead) one seminar discussion. Students who submit a draft of their paper for comment by November 12 may use their papers to satisfy the Capstone writing requirement.

Prerequisite: Anyone wishing to take this seminar should either have taken Family Law or should read Walter Wadlington and Raymond C. O’Brien, Family Law in Perspective (Foundation Press, 2nd ed, 2007) 226 pp., prior to the start of the seminars.

Meets Capstone writing requirement

The American Bar Association accreditation standards require students to regularly attend the courses in which they are registered. Lewis & Clark expects students to attend classes regularly and to prepare for classes conscientiously. Specific attendance requirements may vary from course to course. Any attendance guidelines for a given class must be provided to students in a syllabus or other written document at the start of the semester. Sanctions (e.g., required withdrawal from the course, grade adjustment, and/or a failing grade) will be imposed for poor attendance.

*Typically offered every other year