Katharine B. Silbaugh

This course offers a survey of family law, including case law, statutory law, and the role of constitutional rights in limiting governmental regulation of the family. This course will introduce students to law concerning a basic social institution: the family. Students will gain knowledge about how family law intersects with many other fields of law, such as contracts, constitutional law, criminal law, property, torts, public and social welfare law, as well as how social science informs family law. The course will focus on marriage (including the recognition of same-sex marriage), nonmarital families, divorce, pathways to becoming a parent, and the parent-child relationship. Topics include defining and regulating marriage; formal marriage; common law marriage; nonmarital couples, cohabitation, and alternatives to marriage; common law incidents of marriage and the transformation of the common law; domestic violence; traditional and "no fault" divorce; property division; spousal support; child support; child custody; adoption; and regulating parenthood. There will be a final examination. The teaching method is a combination of lecture and class discussion, along with in-class small group problem-solving exercises. GRADING NOTICE: This class does not offer the CR/NC/H option.

This course offers a survey of family law, including case law, statutory law, and the constitutional limitations on regulation of the family. The course aims to introduce students to family law as a dynamic field of law concerning a basic social institution: the family. Family law is a foundational course relevant to many areas of law practice. Students will gain knowledge about how family law intersects with fields of law, such as contracts, constitutional law, conflicts of laws, criminal law, property, tax, and trusts and estates, and how family law draws on the social sciences. We will examine the role of family law in contributing to and ameliorating inequalities in society on various bases, including gender, race, class, and sexual orientation. Students will be introduced to the role of negotiation, mediation, and other forms of dispute resolution in family law practice. Topics include defining and regulating family (including marriage and parenthood); formal and informal marriage; cohabitation and alternatives to marriage (such as domestic partnerships); common law incidents of marriage and the transformation of the common law; marital agreements; intimate partner violence; traditional and "no-fault" divorce; property division; spousal support; child support; child custody; and the family regulation system. The teaching method is a combination of lecture and class discussion, along with in-class small group problem-solving exercises.

We will consider the way the law responds to the transition from childhood to adulthood across a variety of legal topics. We will consider the ways numeric age and conceptions of maturity influence responses to a range of issues. Topics may include: the treatment of youth in the criminal justice system; the rights of youth to familial or state support in obtaining housing and other material goods; the relationship between youth and commercial actors or other third parties ranging from the infancy doctrine to social media platforms; parental authority and responsibilities in healthcare and educational decision-making; the civic spheres of military service, voting, and jury duty; protective laws such as labor laws; and ages of privilege such as driving and access to alcohol, tobacco, and cannabis. We will read together for the first portion of the course, opening class with all students making quick presentations about the day's readings individually or on teams. As we unpack frameworks underneath youth law, we will consider presentation and paper topics. In the final portion of the course, students will offer oral presentations of their research projects in light of the frameworks we develop. Evaluation will be based on preparation, class participation, presentations, and a paper that follows the presentation. UPPERCLASS WRITING REQUIREMENT: This class may be used to partially satisfy the requirement. GRADING NOTICE: This seminar does not offer the CR/NC option.