Nancy G. Maxwell Publications, Presentations, and Other Activity

Articles in Law Reviews and Other Scholarly Journals

"The Kansas Case of K.M.H.: US Law Concerning the Legal Status of Known Sperm Donors," 4 Utrecht Law Review 135 (2008) [658 KB PDF].

"From Facebook to Folsom Prison Blues: How Banning Laptops in the Classroom Made Me a Better Law School Teacher," 14 Richmond Journal of Law & Technology 4 (2007) [2.6 MB PDF].

"The Psychological Consequences of Judicially Imposed Closets in Child Custody and Visitation Cases Involving Gay or Lesbian Parents," 13 William & Mary Journal of Women & the Law 305 (2006) (with Richard Donner) [3 MB PDF].

"The Inadequacies in U.S. and Dutch Adoption Law to Establish Same-Sex Couples as Legal Parents: A Call for Recognizing Intentional Parenthood," 38 Family Law Quarterly 623 (2004) (Symposium on International Law Issue) (with Caroline J. Forder)

"Unification and Harmonization of Family Law Principles: The United States Experience," 4 CEFL [Commission on European Family Law] 249 (with Katharina Boele-Woelki ed.) (2003) [164 KB PDF]

"Opening Civil Marriage to Same-Gender Couples: A Netherlands-United States Comparison," 18 Arizona Journal of International and Comparative Law 141 (2001). Also published in: 4:3 Electronic Journal of Comparative Law (November, 2000).

"Reflections on Frieda van Vliet's 'Side Exit to No Man's Land?': Taking the Side Exit in the United States," Nemesis 2001, nr.1, p.14.

"Legal Protection for All the Children: Dutch-United States Comparison of Lesbian and Gay Parent Adoptions," 17 Arizona Journal of International and Comparative Law 309 (2000) with Charlene Smith and Astrid Mattijssen. Also published in: 3:1 Electronic J. Comp. L. (August 1999).

"The Feminist Dilemma in Mediation," 4 International Review of Comparative Public Policy 67 (1992).

"Survey of Kansas Law: Family Law," 37 The University of Kansas Law Review 801 (1989).

"Keeping the Family Out of Court: Court-Ordered Mediation of Custody Disputes Under the Kansas Statutes," 25 Washburn Law Journal 203 (1986). Summary in 36 Callaghan's L. Rev. 21 (1987).

"Survey of Kansas Law: Family Law," 32 The University of Kansas Law Review 543 (1984).

"In the Best Interests of the Divided Family: An Analysis of the 1982 Amendments to the Kansas Divorce Code," 22 Washburn Law Journal 177 (1983).

Miscellaneous Scholarly Writings

Brief of Amici Curiae of the Family and Child Welfare Law Professors Addressing the Merits and in Support of the Respondents in United States v. Windsor, 133 S. Ct. 2675 (2013).

Expert Affidavit submitted before the Canadian Supreme Court in Reference re Same-Sex Marriage, [2004] SCC 079 (48 KB PDF).

"Netherlands' Government Proposes Legislation to Allow Same-Gender Dutch Couples to Marry and Adopt Children," The Liberty Press Vol. 5, No. 10 (June 1999).

"Can Kansans Live Happily Ever After Without Common Law Marriage?" The Circuit Rider Vol. 20, No. 3, Summer 1981.

"The Legal Status of Homemakers in North Dakota: Homemakers Committee," National Commission on the Observance of International Women's Year, 1975. Center for Women Policy Studies, U.S. Department of State, Washington, D.C. (December, 1976).

Course Materials

FAMILY LAW--CASES AND MATERIALS IN FAMILY LAW (2007-present, 2005, 1980-2001) (with statutory supplement).

CRIMINAL LAW SUPPLEMENTAL MATERIALS (1999-present) (with statutory supplement).

FAMILY LAW SEMINAR SUPPLEMENTAL MATERIALS (2007-2008, 2005, 1992, 1991).

COMPARATIVE U.S.-EUROPEAN FAMILY LAW, with Ian Sumner and Scott Curry (2004, 2003) (with statutory supplement).

FAMILY LAW ISSUES--AN INTERNATIONAL AND COMPARATIVE STUDY (1999, 1996) (with statutory supplement).

CRIMINAL LAW WITH LEGAL METHODS SUPPLEMENTAL MATERIALS (1986-1998) (with statutory supplement).

JUVENILE LAW STATUTORY SUPPLEMENT (1980-1997).

KINDERGARTEN-SECOND GRADE CONFLICT RESOLUTION CURRICULUM (1989) (Published by Topeka School System, USD 501)

THIRD AND FOURTH GRADE CONFLICT RESOLUTION CURRICULUM (1989) (Published by Topeka School System, USD 501)

Statutory Drafting

Co-drafter of "Third Party Visitation" statute, Family Law Advisory Committee of the Kansas Judicial Council, May 2004. (34 KB PDF)

Principal drafter of "Surrogate Mother Bill," Family Law Advisory Committee of the Kansas Judicial Council, September 1987.

Principal drafter of Kansas Supreme Court Rule 901 (Supreme Court Rule on Mediation) and its commentary, as well as the commentaries of the Kansas Standards of Practice for Lawyer Mediators in Family Disputes, adopted by the Kansas Supreme Court, May 1987.

Co-drafter of the Kansas statutes dealing with court-ordered mediation in child custody cases--Kan. Stat. Ann. 23-601 through 607, adopted by the Kansas legislature, 1985.

Principal drafter of amendments to the Kansas Divorce Code, H.B. 2131 (Kan. Leg.Sess. 1983), adopted by the Kansas legislature, 1983.

CLE Outlines

A Child Can Have Two Mothers: Frazier v. Goudschaal, 296 Kan. 730, 295 P.3d 542 (2013) (read the opinion),” Family Law: Current Issues and Practice Pointers CLE, Wichita Bar Association, Wichita, Kansas, April 18, 2013.

"Legal Recognition of Children's Relationship with Their Non-Biological Parents in Same-Gender Relationships: All-or-Nothing or Something in Between?" in the Adoption by Same-Sex Partners Program at Marriage, Partnerships and Parenting in the 21st Century, Turin, Italy (with Caroline Forder, Professor of European Family Law, Faculty of Law, University of Maastricht, The Netherlands, June 2002

"Opening Adoption to Same-Gender Couples: A Netherlands-United States Comparison" in the International Adoption Program of the International Bar Association Annual Meeting, Cancun, Mexico, October 2001

"Common Law Marriage or Just 'Shacking Up?'" for the "Recent Developments in the Law" CLE, Topeka, June 2002

"Third Party Custody and Visitation in Kansas: A Look at the 2000 Legislature and Troxel," Sixteenth Annual Family Law Institute CLE, November, 2000. [2.2 MB PDF]

"'Have it Your Way': Contracting Before, During, After and Outside of Marriage," Recent Developments CLE, June 1998. [1.9 MB PDF]

"Legislating Love: Is Returning to 'Fault' Divorce a Good Idea?" Recent Developments CLE, June 1997. [1.8 MB PDF]

Recent Presentations

Panelist, “Teaching Legal Writing to Students with Physical and Learning Disabilities,” Legal Writing Institute Workshop on Student Populations: Diversity Matters, Washburn University School of Law, Topeka, Kansas, December 1, 2012.

Plenary session, "Feminist Jurisprudence," Kansas Women Attorneys Association Annual Meeting, Bethany College, Lindsborg, Kansas, July 14, 2011 (with Jennifer Zook and Shawn Jurgensen).

"Avoiding Micro-Management: Board of Directors Training," Workshop at Heartland Region Conference of the Universal Fellowship of Metropolitan Community Churches, St. Louis, Missouri, April 2, 2011.

Panelist, "Family Law, International Law, and Immigration Law," Section on Orientation and Gender Identity Issues, Annual Meeting of the Association of American Law Schools, San Diego, California, January 7, 2009.

"The Kansas Case of K.M.H.: U.S. Law Concerning the Legal Status of Known Sperm Donors," presented at the Expert Meeting "Current Debates in Family Law around the Globe," Utrecht Center for European Research into Family Law, Utrecht University, the Netherlands, June 2008.

"Same-Sex Relationships in Comparative Perspective: The Laws of Europe, Canada, and the United States," panelist at 2008 Edward M. Wise Memorial Symposium "Comparative Legal Approaches to Same-Sex Unions," Wayne State University Law School, Detroit, Michigan, March 31, 2008.

"From Facebook to Folsom Prison Blues: How Banning Laptops in the Classroom Made Me a Better Law School Teacher," Faculty Development Committee Program (presented to faculty and students), University of Missouri-Kansas City School of Law, February 29, 2008.

"Attractions and Distractions: Students Use of Laptop Computers in the Classroom," presenting in a debate format at the Section on Teaching Methods Program at the Annual Meeting of the Association of American Law Schools, New York, NY, January 2008.

"Living Diversity: Broaden the Spectrum" and "Sexual Orientation: 'The Knew Kid' on the Block," panels as part of Second Annual Washburn Law Diversity Week, Topeka, Kansas, March 6 and March 7, 2007.

"Adoption and New Family Realities," panel at International Conference on LGBT Human Rights, Montreal, Canada, July 2006.

"Comparing Gay Parent Adoption Cases with Child Custody/Visitation Disputes," panel In the Interest of the Children: Gay & Lesbian Issues and Perspectives in Adoption, Custody and Foster Care, Continuing Education Program for the Washburn University Department of Social Work, Kansas Unity and Pride Alliance, and the Metropolitan Community Church of Topeka, Topeka, December 2005.

"Legal Education in the United States" for visiting Russian judges, Washburn University School of Law, August 2005.

"Opening Marriage in the U.S. and the Netherlands: What are the Differences in Approaches?" Women's Legal Forum, Washburn University School of Law, Topeka, Kansas, February 2004.

"The United States Experience: Unification and Harmonization of Family Law Principles" Scholarship Presentation, Washburn University School of Law, Topeka, Kansas, February 2004.

"Mentoring Programs for Law Faculty Members" for the first Annual Midwest Conference of Women in Legal Academics at the University of Missouri School of Law, Columbia, Missouri, April 2003.

"Law as a Career Choice" for the Careers Class at Topeka High School, November 2002.

"Unification and Harmonization of Family Law Principles: The United States Experience" for the inaugural conference of the Commission on European Family Law, in Utrecht, The Netherlands, December 2003.

"Rainbow Families" for the Big 12 Gay Conference, University of Kansas, Lawrence, April 2002

"You've Come a Long Way, Baby"-The Progress of Women in the Legal Profession over the Last Twenty-five Years (If this Is Progress, Why Am I Still Being Called "Baby?") for the Women's Legal Forum, Washburn University School of Law, Topeka, November 2001

"Looking at a Career in Law?" for the Topeka High School Career Counseling Class, Topeka, November 2001

"Working with Marginalized and Oppressed Clients" for the Masters of Social Work Class "Human Behavior", Washburn University, Topeka, November, 2000.

"Reading the Law: Feminist Jurisprudence and Legal Constructions of Family," with Professor Kim Dayton, Annual Meeting, The Jennie Mitchell Kellogg Circle, Lindsborg, Kansas, July 2000.

"Recent U.S. Developments in Joint Custody Law," Wiarda Institute, Utrecht University, Utrecht, The Netherlands, June 2000.

"Working with Clients Who are Sexual Minorities" for the Bachelor of Social Work class "Human Behavior" Washburn University, Topeka, March 2000.

"Gay and Lesbian-Headed Households-A Look at an American Family," for the Adult Sunday School Class, Our Savior's Lutheran Church, Topeka, February 2000.

"Recent Developments in American Family Law" for the Association of Family Law Specialists (of the Netherlands), Utrecht, The Netherlands, June 1999.

"An Introduction to American Family Law" for the International Family Law Seminar class, Molengraaff Institute of Private Law, University of Utrecht, Utrecht, The Netherlands, April 1999.

"Adoption by Same-Gender Couples: Recent Developments in the US and the Netherlands" faculty seminar for the Faculty of Law, The Molengraaff Institute for Private Law, University of Utrecht, Utrecht, The Netherlands, April 1999.

"Opening Adoption and Marriage to Same-Gender Couples: An American and Dutch Comparison" faculty seminar for the Faculty of Law, Women's Legal Studies Department, University of Utrecht, Utrecht, The Netherlands, March 1999.

"Reading the Law: Family Law, Literature and Legal Ethics" CLE program for the Kansas Bar Association and the Kansas Humanities Council, Topeka, Kansas, October 1999 and November 1998.