Women & the law final exam until 4/3

What is the guiding principle for child custody decisions in family law?

Child custody decisions are guided by the statutory criteria based on the best interest of the child.

What assumption has historically influenced child custody outcomes?

Gendered assumptions, often favoring mothers, have historically influenced custody outcomes.

What legal shift is being recognized regarding fathers in custody cases?

Courts are increasingly recognizing father’s rights to custody when they are primary caregivers.

What was emphasized in the case of David M. v. Margaret M. regarding custody decisions?

Custody should not be a tool for punishing or rewarding spouses; it should promote the child's welfare.

In Stevens v. Stevens, what did the court determine about career-based assets in divorce?

The court held that enhanced earning capacity gained during marriage can be considered a marital asset.

What does the case Zelasko v. Zelasko clarify about marital property?

It clarifies the evaluation of what counts as marital versus separate property and equitable distribution.

What principle did the case Jowiski v. Gustafson-Jowiski establish regarding pension rights?

Pensions accrued during marriage are considered marital property, even if not realized until later.

How do courts typically determine spousal support?

Spousal support is determined to mitigate unfair economic disparities post-divorce.

What has research shown about the economic status of divorced women compared to men?

Divorced women, especially with children, often face significant economic challenges, while men recover more quickly.

What significant legal change regarding abortion was established in Griswold v. Connecticut?

The case established a constitutional right to privacy affecting reproductive decisions.

What was the outcome of Roe v. Wade regarding abortion?

The Court recognized a woman's constitutional right to terminate a pregnancy during the first trimester.

What standard did Planned Parenthood v. Casey introduce regarding abortion regulations?

The undue burden standard, allowing states to regulate as long as they do not place a substantial obstacle in a woman's path.

What did the Hyde Amendment do regarding abortion funding?

It allowed the federal government to deny Medicaid funding for most abortions, emphasizing economic disparities.

What was the ruling in Webster v. Reproductive Health Services concerning state abortion laws?

The Court upheld certain restrictions, signaling an increased state deference in regulating abortion.

What was the significance of the cases Stenberg v. Carhart and Gonzales v. Carhart?

These cases involved bans on specific abortion procedures, showing the Court's willingness to uphold restrictions.

What key finding did Jones, Kirstein, and Philbin highlight about access to abortion?

Legal access to abortion does not guarantee practical access, especially for low-income women and women of color.

What does empirical research show about the effects of divorce on economic status?

Divorced women face significant challenges, while men recover economically faster.

How do courts typically approach the division of marital property?

Courts use equitable distribution principles, considering both financial and non-financial contributions.