Course Schedules
Fall 2009
5383 Family Law - OREN- 16696
Professor(s):
Laura Oren (FACULTY)
Credits: 3
Course Areas: Family Law
Time: 9:00a-10:30a MW Location: BLB 213
Course Outline: Description: Family law is a rapidly changing area of practice. This course emphasizes basic approaches to legal issues relating to marriage, divorce, (marital property rights are covered by another course) custody and support, nonmarital relationships, and the establishment and termination of parental rights. It also considers case law concerning the right to privacy in matters of sexuality and reproduction, and the legal status of women, and includes conflict of laws in family matters. Although Texas law and the Texas Family Code are an important part of this course, the trend toward "constitutionalization" and even "federalization" of family law is reflected in the materials.
Course Syllabus: Syllabus
Course Notes:
Prerequisites:
First Day Assignments: FAMILY LAW: (Sign on to on-line discussion board; you need to sign on each semester)
Books:
*D. Kelly Weisberg & Susan Frelich Appleton, MODERN FAMILY LAW: CASES AND MATERIALS (Aspen 3d. 2006)
*2008 Supplement to Casebook
*Sampson & Tindall's Texas Family Code Annotated (2009) (S&T is the only annotated version of the TFC that will be allowed on the exam) (It comes with a diskette, but that cannot be used for the exam)
*Oren xerox supplement available through the Copy Center (2008 or 2009)
Week 1: August 24 & 26, 2009 (Introduction; and one way of looking at family law)
Day I: EVOLUTION OF THE RIGHT OF PRIVACY: The Birth of Privacy:
C: 1-20; CS: 1-2.
Day II: Marriage, what is it? Premarital Contracts
OS: 1-7, Gowin v. Gowin, 292 S.W. 2d 211 (Comn.App. 1927) (OS 1-7)
& C: 111-116; CS: 35-36; then
C:128-140; CS: 40-43 &
Texas Family Code : 4.001-4.010; cf. 4.101-4.106.
(Including problem on p.139)
Online postings: “Family Law Timeline,” “Premarital Contracts,” and “Prenuptial Forms to Digest”
Reading Questions: Why is marriage still important? Should it be?
1) Family law has been called the most public of private law and the most private of public law. What does this mean? How do you see this precept illustrated by this reading?
2) What is marriage all about? Why do people who are disqualified from marrying object to that exclusion? What does marriage have to do with privacy? With public benefits?
3) To the tune of "Just an Old-fashioned Love Song":
Just an old-fashioned con-tract
Writing down what two par-ties a-gree
Just an old-fashioned con-tract
One we specially wrote for you and me
What is marriage, contract or status? Should spouses be able to change the terms of marriage by agreement? What are the benefits or the dangers you see in allowing such contracts? What conditions, if any, would you impose on the enforceability of such agreements
Final Exam Schedule: 12/09 9a-12:30p 211 TU2 SAME
This course will have:
Exam:
Paper:
Book Requirements:
- (8/10/2009 9:45:45 AM) Title: Modern Family Law, Cases and Materials
Author: D. Kelly Weisberg, Susan Frelich Appleton
Edition: Year: 2008 ISBN: 978-0-7355-7166-2 Publisher: Aspen Publishers
Required paperback case supplement. - (4/3/2009 1:42:45 PM) Title: Modern Family Law, Third Edition
Author: D. Kelly Weisberg, Susan Frelich Appleton
Edition: Third Year: 2006 ISBN: 9780 7355 56102 Publisher: Aspen Publishers
Required. Hardcover. - (4/3/2009 1:41:18 PM) Title: Texas Family Code Annotated
Author: John J. Sampson, Harry L. Tindall, Angela G. Pence, Stephanie Stevens
Edition: 2008 ed. Year: 2008 ISBN: 978-031498213-1 Publisher: Thomson West
Required. If students wish to substitute a different statute book, it may not be annotated, but must contain the text of the statutes only. - (3/26/2009 3:31:31 PM) Title: Sampson & Tindall's Texas Family Code Annotated, 2009 edition
Author: John J. Sampson, Harry L. Tindall, Angela G. Pence, Stephanie Stevens
Edition: 2009 Year: 2009 ISBN: [ISBN not available until July] Publisher: Thomson West
Note: This book will be available after July 30, 2009.