Family Law 763
Fall 2010 Syllabus
Olivares
7:45- 9:00 p.m. Monday and Wednesday, Room 213
CONTACT INFORMATION
You may reach me via email at olivares@law.edu or mariela.olivares2010@gmail.com. I
welcome and encourage you to email me with any questions or concerns or to schedule
an appointment to meet with me.
COURSE DESCRIPTION
How has the law constructed “families”? What are the common law, statutory, and
constitutional principles that affect the formation and dissolution of families? What are
the differences between public and private regulation of the personal and financial
relationships of married and unmarried couples and parents and their children? In this
course, we will explore the laws and public policies governing marriage and other nonmarital relationships; the economic consequences of marital and non-marital “break-ups”
for adults and children; the law regarding child custody and visitation; and the ethical
responsibilities of lawyers who practice in these areas. Moreover, special attention will
be given to lawyering practices in family law, including the drafting of pleadings and
other litigation documents, statutory and legislative history interpretation and analysis,
and negotiation.
READING ASSIGNMENTS
This syllabus covers the entire course. Unless otherwise specified, the assignment pages
refer to D. KELLY WEISBERG & SUSAN FRELICH APPLETON, MODERN FAMILY LAW:
CASES AND MATERIALS (4th ed. 2010). I will provide handouts for assignments that are
not in this book. In most instances, I will e-mail them and/or post them for you on the
TWEN website for this class. You are expected to check this website and your e-mail on
a daily basis. Changes to the syllabus are likely, given that we may not complete the
assignment on a particular day. Thus, please do not read too far ahead. I will let you
know how to prepare for future classes and/or post updated syllabi.
CLASS ATTENDANCE, PROFESSIONALISM & PARTICIPATION
It is mandatory that you attend class. I will have a sign-in sheet at each class; you must
sign it to be marked present. Although I will not automatically lower your grade if you
are absent, if you are consistently absent, you may suffer consequences, pursuant to the
Law School’s Academic Rule V (relevant portion reprinted here):
Regular and punctual attendance at class meetings or equivalent course exercises
is a condition of receiving credit in all courses. If a student misses more than two
hours of coursework for each credit hour assigned to the course the instructor may
direct the dean’s office to exclude the student from the course. Instructors in
limited-enrollment courses (seminars, clinics, simulations, etc.) may set stricter
attendance rules for those courses, including required attendance at the first or
other specified class meetings; if a student fails to meet these requirements the
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instructor may direct the dean’s office to exclude the student from the course.
Each instructor is responsible for announcing and enforcing the specific
attendance policy for that course. Chronic, repeated or general lack of attendance
in violation of these rules shall be grounds for dismissal from the school upon a
vote of the faculty.
I expect you to act in a professional and courteous manner, including arriving on time and
remaining for the entire class, except when the most pressing circumstances make doing
so impossible. To the extent possible, in the event of a pressing circumstance, please let
me know in advance by email if you will be absent from class, late to class or have to
leave early. You are free to use your laptops to take class notes. Using your cell phone,
allowing your cell phone to ring, texting, surfing the Web, checking e-mail or Facebook
(you know who you are), playing computer games, and sleeping in class are all
inconsistent with acting in a professional and courteous manner.
Class participation and professionalism do not count for a specific percentage of your
final grade. I may however, give “discretion” grades positive or negative based on
participation, professionalism and courtesy. I encourage volunteers but will also call on
you in class. Please be prepared for each class.
RECORDING POLICY
I will allow the class to be recorded with my advance written permission, which may be
obtained by e-mail, upon explanation of the reason for your absence.
ASSIGNMENTS & FINAL EXAM
You will do one assignment in this class that will require both in-class and out-of-class
preparation and work. Preliminary information about the assignments is below. More
detailed information about the assignments, including how you will be graded, can be
found on the TWEN website under “Assignments.” We will also discuss the assignments
in class. It is mandatory that you choose one of the two assignments. Your work on the
assignment will count for 10% of your final grade in this course. Depending on time
constraints, we may or may not spend time in class discussing students’ performances
and experiences on the assignments. In any event, I encourage you to speak with me
about any questions you have on completing the assignments and/or on your performance
on them.
Your final exam will count for 90% of your final grade in the course. The final will last
no longer than three hours and will consist of three parts. The first part will be short
answers; the second and third parts will be essay questions. For the final exam, you will
be able to use your textbook, any assigned class readings, assigned statutes, and any notes
and/or outline that you made. You may not use any other materials such as commercial
hornbooks, the Internet, group outlines, or consult with anyone else.
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I. INTRODUCTION TO FAMILY LAW
Class 1:
Monday, August 23, 2010
What is a “family”? How can we begin to define a family, if at all?
Jhordan C. v. Mary K., 179 Cal.App.3d. 386, 224 Cal.Rptr. 530 (1986) (Handout posted
on TWEN under “Handouts”)
First class hypotheticals (handout posted on TWEN under “Handouts” and passed
out in class)
II. GETTING MARRIED
Class 2:
Wednesday, August 25, 2010
Introduction; The history of the marriage contract (Maynard v. Hill); Understanding the
limits and classifications of premarital controversies (Rivkin, Fowler) and premarital
contracts (Simeone, In re Marriage of Shanks)
pp. 106-127 (through note 4.b.); omit: problem on p. 113-114; problems on p. 117-118.
Class 3:
Monday, August 30, 2010
Understanding the constitutional limits on how states regulate entry into marriage.
Loving v. Virginia; Zablocki v. Redhail; Turner v. Safley
pp. 130-147; omit problems p. 146- 147 except read problem 2 p. 147; omit Isenberg on
p. 144-145.
Class 4:
Wednesday, September 1, 2010
Who can marry and how?
Selected provisions from the DC Code; DC Marriage License application (posted on
TWEN under “Handouts”)
Understanding the limits on how states may substantively restrict entry into marriage.
Lawrence v. Texas, p. 58-65 (review/skim); Goodridge v. Dep’t of Public Health;
Adoption of M
p. 147-176; omit Kerrigan; problems 2 & 3 on p. 169
NO CLASS ON MONDAY, SEPTEMBER 6, 2010
Class 5:
Wednesday, September 8, 2010
Continued discussion on the states’ ability to substantively restrict entry into marriage by
various categories of “capacity.”
Bigamy (Holm); Age (Kirkpatrick); State of Mind: Fraud/Duress (Blair); Procedural
(Carbetta); Informal Marriages (Jennings)
p. 176-214
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III. BEING MARRIED AND THE REGULATION
OF THE INTACT MARRIAGE
Class 6:
Monday, September 13, 2010
The changing nature of marriage and roles and responsibilities in marriage
McGuire, Neal, Henne v. Wright
p. 215-241
Class 7:
Wednesday, September 15, 2010
Continue to discuss the changing nature of marriage and how that affects a definition of
the institution.
Employment (Bradwell, Vaughn); parenting and pregnancy leave (Lafleur, Guerra);
balancing work and family (Caldwell, Dike)
p. 241-286
Class 8:
Monday, September 20, 2010
Tort and criminal law: prosecutions occurring within marriage.
Alienation of affections, interspousal immunity, wiretapping
p. 286-303
Class 9:
Wednesday, September 22, 2010
Tort and criminal law (continued): marital rape (People v. Liberta); domestic violence;
evidentiary privileges (Trammel)
p. 303-337
IV. DIVORCE
Class 10:
Monday, September 27, 2010
Introduction to divorce. Understanding fault-based grounds for divorce and the defenses.
Lister; Muhammad; Reid; Parker; Haymes
Begin discussion of no-fault grounds for divorce (Bennington; Feltmeier)
p. 451-495
Class 11:
Wednesday, September 29, 2010
No-fault divorce (continued) (González v. Green)
The difference between divorce and annulments and contemplating a person’s right to
divorce (Boddie; Aflalo)
p. 496-517
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Class 12:
Monday, October 4, 2010
Understanding the role of counsel in divorce proceedings. (Moses; Florida Bar;
Morrison). Other hurdles to divorce: conflicts of interest; jurisdiction (Kimura; Sosna;
Ankenbrandt)
p. 518-555
Introduction to Assignment A: draft a complaint
Selected DC Code provisions and DC Rules (posted on TWEN under “Handouts”)
V. CHILD CUSTODY & VISITATION
Class 13:
Wednesday, October 6, 2010
Introduction to understanding the complexities surrounding parental disputes concerning
child custody.
The standards governing a custodial dispute (Devine; selected provisions of the DC
Code- posted on TWEN under “Handouts”);
Constitutional factors that affect a custodial dispute: race, religion (Palmore; Sagar);
fitness, sexual orientation (Fulk)
p. 679-704
NO CLASS ON MONDAY, OCTOBER 11, 2010
Class 14:
Tuesday, October 12, 2010 (Monday classes meet)
Continue the discussion of fitness of parents in a custodial dispute: the careers of parents
and how that affects one’s ability to parent (Rowe); domestic violence in the parental
relationship (Riemers); disability within the family; joint custody (Bell)
p. 704-727
Class 15:
Wednesday, October 13, 2010
Begin our discussion of a non-custodial parent’s right to visit with her/his child:
restrictions and denial of visitation (Hanke; Turner); Standards governing parent versus
non-parent disputes (Troxel v. Granville; Beth R.)
p. 727-754
Class 16:
Monday, October 18, 2010
Introduction to Assignment B: draft a visitation plan
Selected Readings regarding visitation (posted on TWEN under “Handouts”)
Review & catch-up day; discuss exercise assignments
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Note: you must email me by Wednesday, October 20, 2010 by 5pm if you would like to
do Assignment A: draft a complaint OR Assignment B: draft a visitation plan.
Class 17:
Wednesday, October 20, 2010
Special participants in a custodial and/or child visitation dispute—when do we consider
the voices of others?
Child’s preference (McMillen); representation (Leary); experts (Rebecca B.)
p. 754-767
***TODAY IS THE DEADLINE to email me which of the two assignments you would
like to do. You MUST email me by today, Wednesday, October 20, 2010 by 5pm if you
would like to do Assignment A: draft a complaint OR Assignment B: draft a visitation
plan. I will respond to you with the information you need to complete the assignment.
The completed assignment is due to me via email by Wednesday, November 3 at 5pm.
If it is at all late, you will receive an automatic deduction of one full letter grade.
Class 18:
Monday, October 25, 2010
Final thoughts on custodial disputes. What happens when a parent wants to modify the
child custody order or relocate geographically? (Ciesluk);
Who has jurisdiction to enforce custodial disputes; the problem of international child
abduction; understanding the dispute resolution process (McLaughlin)
p. 768-793
VI. FINANCIAL CONSEQUENCES OF DISSOLUTION
Class 19:
Wednesday, October 27, 2010
Introduction to the consequences of dissolution of marriage: property distribution theories
Ferguson; Mani; Michael; Rosenberg
p. 557-591
Class 20:
Monday, November 1, 2010
Unique concerns in considering and determining dissolution: changing circumstances
after divorce (Lucas); the bankruptcy of a party (Werthen); how to divide and consider
pensions and employee benefits as assets (Bender); how to value a spouse’s
“investments” in a spouse’s future success (Roberts); understanding tax consequences
(Rykiel)
p. 591-622
Class 21:
Wednesday, November 3, 2010
Understanding child support and special concerns within this calculation (Elisa B. p. 444448); (Downing; Curtis; Pohlmann; Olmstead)
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p. 623-646
Selected provisions of the DC Code (posted on TWEN under “Handouts”)
Your assignment is due TODAY—WEDNESDAY, NOVEMBER 3 BY 5pm. Please
email me your assignment by 5pm. If your assignment is at all late, you will receive an
automatic deduction of one full letter grade.
Class 22:
Monday, November 8, 2010
How are orders of dissolution enforced and who has jurisdiction? (Oakley; Kulko;
Draper); the role of separation agreements (Richardson)
p. 646-678
Class 23:
Wednesday, November 10, 2010
Discuss assignments and/or catch-up day
VII.
ALTERNATIVE FAMILIES
Class 24:
Monday, November 15, 2010
Introduction to the “non-traditional” family. Understanding the constitutional limits on
definitions of “family” (Moreno; Moore); extended families; unmarried couples
(Lawrence; Marvin)
p. 339-372
Class 25:
Wednesday, November 17, 2010
Continuing the discussion of non-traditional families—unmarried couples: Tort
consequences in this context? (Graves); Employment benefits transferability (Shahar);
health care issues (Kowalksi)
p. 372-394
Class 26:
Monday, November 22, 2010
Continuing the discussion of how society and law treat unmarried couples in the context
of: domestic violence within the relationship (Carswell); housing benefits and rights
(Braschi; Peterson); one’s ability to inherit from partner, though not married (Vasquez)
p. 394-415
NO CLASS ON WEDNESDAY, NOVEMBER 24, 2010
Class 27:
Monday, November 29, 2010
Discussing and understanding the rights of parents and children in non-marital families
Clark; Wallis; Stanley; Michael H.; review of Elisa B.
p. 415-450
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Class 28:
Wednesday, December 1, 2010
End of semester review
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