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Responsibility Begins At Conception, Shari Motro Jul 2012

Responsibility Begins At Conception, Shari Motro

Law Faculty Publications

Under current law, most states frame men’s pregnancy-related obligations as an element of child support or as part of a parentage order, which generally kicks in only after the birth of a child and is limited to medical expenses. Until and unless the pregnancy produces a child, any costs associated with it are regarded as the woman’s responsibility. The debate around the new technology has, unfortunately, so far adopted this frame, labeling the test a paternity test and the potential obligation as child support.

Rather than focusing on the relationship between the man and a hypothetical child, the new technology …


Every Adolescent Deserves A Parent, Dale Margolin Cecka Apr 2012

Every Adolescent Deserves A Parent, Dale Margolin Cecka

Law Faculty Publications

This article argues that all adolescents, indeed all human beings, deserve at least one parent—one person who takes the good with the bad because that person’s life is intertwined with the child’s. The child matters to the parent in a way that a friend, nephew, or foster child may not. Child welfare professionals must never lose sight of this principle when they recruit, train, and maintain parents for adolescents. The parent can be someone who is already in the young person’s life or someone who has been unable to parent in the past, but is now ready to secure that …


Spoliation In Child Welfare: Perspectives And Solutions, Dale Margolin Cecka Mar 2012

Spoliation In Child Welfare: Perspectives And Solutions, Dale Margolin Cecka

Law Faculty Publications

Author examines spoliation in child welfare litigation and provides ideas for preserving evidence and improvement record-keeping.


How (Not) To Talk About Abortion, Meredith J. Harbach Jan 2012

How (Not) To Talk About Abortion, Meredith J. Harbach

Law Faculty Publications

In this essay, I aim to have a conversation about how we converse- how we talk-about abortion and related issues. In the process, I want to consider how we might come together to discover issues of shared commitment and values and transform the existing abortion debate. I begin with a review of some of the more notable abortion-related rhetoric during the 2012 Virginia General Assembly, and contrast that rhetoric with the discourse in my classroom. I then consider whether and how we might move forward together toward a more meaningful and productive dialogue on these issues.


A Tale Of Three Families: Historical Households, Earned Belonging, And Natural Connections, Allison Anna Tait Jan 2012

A Tale Of Three Families: Historical Households, Earned Belonging, And Natural Connections, Allison Anna Tait

Law Faculty Publications

The work of this Article is to present a new and synthetic reading of cases about wives, illegitimate children, and unwed fathers that follows these three logics, revealing how they weave together and why earned belonging provides the strongest support for Ginsburg's original vision of an equalized household.


Outsourcing Childcare, Meredith Johnson Harbach Jan 2012

Outsourcing Childcare, Meredith Johnson Harbach

Law Faculty Publications

Existing discourse on childcare decisions proceeds as if there were one "right" answer to the question of who should care for children. The law has preferences, too. But the reality is that parents, like businesses, make diverse, strategic decisions about when to keep work in-house, and when to collaborate with outside partners. This Article uses the lens of business outsourcing to gain fresh perspective on childcare decisionmaking, and the law's relationship to it. The outsourcing framework provides three key insights. First, it enables us to better understand the diversity of childcare decisions and the reasons underlying them. Second, the outsourcing …