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Childist Objections, Youthful Relevance, And Evidence Reconceived, Mae C. Quinn Apr 2023

Childist Objections, Youthful Relevance, And Evidence Reconceived, Mae C. Quinn

Dickinson Law Review (2017-Present)

Evidence rules are written by and for adults. As a result, they largely lack the vantage point of youth and are rooted in arm’s-length assumptions about the lives and legal interests of young people. Moreover, because children have been mostly treated as evidentiary afterthoughts, they have been patched into the justice system and its procedures in a piecemeal fashion. Yet, to date, there has been no comprehensive scholarly critique of evidence principles and practices for failing to meaningfully account for youth. And the evidentiary intersection of youth and race has been almost entirely overlooked in legal scholarship. This Article, in …


Survived & Coerced: Epistemic Injustice In The Family Regulation System, Lisa S. Washington Jan 2022

Survived & Coerced: Epistemic Injustice In The Family Regulation System, Lisa S. Washington

Faculty Scholarship

No abstract provided.


Family Law And Female Empowerment, Andrea B. Carroll Mar 2019

Family Law And Female Empowerment, Andrea B. Carroll

Andrea Beauchamp Carroll

No abstract provided.


Lgbt Equality And Sexual Racism, Russell K. Robinson, David M. Frost May 2018

Lgbt Equality And Sexual Racism, Russell K. Robinson, David M. Frost

Fordham Law Review

Bigots such as the trial judge in Loving have long invoked religion to justify discrimination. We agree with other scholars that neither religion nor artistic freedom justifies letting businesses discriminate. However, we also want to make manifest the tension between the public posture of LGBT-rights litigants and the practices of some LGBT people who discriminate based on race in selecting partners. We argue that some white people’s aversion to dating and forming relationships with people of color is a form of racism, and this sexual racism is inconsistent with the spirit of Loving. Part I provides a review of empirical …


Agree To Disagree: Moving Tennessee Toward Pure No-Fault Divorce, Evan Wright Apr 2017

Agree To Disagree: Moving Tennessee Toward Pure No-Fault Divorce, Evan Wright

Lincoln Memorial University Law Review Archive

This Note addresses Tennessee's no-fault divorce statute. Currently, married couples are forced to either agree on all issues or prove at least one fault ground. This author contends that the current law imposes an unnecessary burden on litigants, which wastes precious resources that Tennessee families could use for more productive purposes. Moreover, pure no-fault states have not seen a disproportionate rise in divorce rates. Last, pure no-fault divorce better reflects current societal trends and the evolving effect of religious affiliation on how a younger generation defines morality.


Family Law And Female Empowerment, Andrea B. Carroll Jan 2017

Family Law And Female Empowerment, Andrea B. Carroll

Journal Articles

No abstract provided.


“Letting Kids Be Kids”: Youth Voice And Activism To Reform Foster Care And Promote “Normalcy”, Bernard P. Perlmutter Jan 2017

“Letting Kids Be Kids”: Youth Voice And Activism To Reform Foster Care And Promote “Normalcy”, Bernard P. Perlmutter

Books and Book Chapters

In this chapter, I examine stories that foster care youth tell to legislatures, courts, policymakers, and the public to influence policy decisions. The stories told by these children are analogized to victim truth testimony, analyzed as a therapeutic, procedural, and developmental process, and examined as a catalyst for systemic accountability and change. Youth stories take different forms and appear in different media: testimony in legislatures, courts, research surveys or studies; opinion editorials and interviews in newspapers or blog posts; digital stories on YouTube; and artistic expression. Lawyers often serve as conduits for youth storytelling, translating their clients’ stories to the …


Doma And Diffusion Theory: Ending Animus Legislation Through A Rational Basis Approach, David J. Herzig Jul 2015

Doma And Diffusion Theory: Ending Animus Legislation Through A Rational Basis Approach, David J. Herzig

Akron Law Review

The purpose of this Article is to expand the scope of the discussion from one of morality to include a sociological approach, called Diffusion Theory...Section II of this Article explains Diffusion Theory. Section III explores the background of DOMA and the factual background in which DOMA is being challenged by the states and private citizens. Section IV discusses the fundamentals behind the Florida adoption ban and how the change in the message by the challengers has proven effective. The final part, Section V, analyzes whether the approach should center on the inevitability of the change, as reflected in the Justice …


5. American Professional Society On The Abuse Of Children In Support Of Petitioner, Ohio V. Clark (Merits), Thomas D. Lyon Oct 2014

5. American Professional Society On The Abuse Of Children In Support Of Petitioner, Ohio V. Clark (Merits), Thomas D. Lyon

Thomas D. Lyon

No abstract provided.


History Repeats Itself: Parallels Between Current-Day Threats To Immigrant Parental Rights And Native American Parental Rights In The Twentieth Century, Vinita B. Andrapalliyal Apr 2014

History Repeats Itself: Parallels Between Current-Day Threats To Immigrant Parental Rights And Native American Parental Rights In The Twentieth Century, Vinita B. Andrapalliyal

University of Massachusetts Law Review

Immigrant parents are currently burdened with unique risks to their parental rights, risks that bear little relation to their ability to care for their children. Recent developments in family and immigration law, historical cultural prejudices against non-Western parenting traditions, and poor immigrants’ limited access to the U.S. legal system are largely to blame. This Note explores the inadequacies in our legal system contributing to the struggles of immigrant parents to maintain family unity and connects the current situation to the disproportionate number of terminations of parental rights within the Native American community in the mid-twentieth century. It suggests that a …


Property Distribution Physics: The Talisman Of Time And Middle Class Law, Margaret F. Brinig Oct 2013

Property Distribution Physics: The Talisman Of Time And Middle Class Law, Margaret F. Brinig

Margaret F Brinig

No abstract provided.


Regulatory Fictions: On Marriage And Countermarriage, Elizabeth F. Emens Jan 2011

Regulatory Fictions: On Marriage And Countermarriage, Elizabeth F. Emens

Faculty Scholarship

Debates about marriage currently capture much public attention. Scholars have pushed beyond the question of whether gays are worthy of marriage to ask whether marriage is worthy of gays. The present moment of questioning marriage in its current form may be brief Thus, we should take this opportunity to imagine the widest possible range of alternatives to our current marriage regime – what I call countermarriage regimes. This Essay draws on two unlikely sources of legal innovation to expand our thinking about marriage alternatives: literature and anti-gay law. Literature offers an array of countermarriage regimes, including exploding marriage, three-strikes marriage, …


"Trophy Husbands" And "Opt-Out" Moms, Beth A. Burkstrand-Reid Dec 2010

"Trophy Husbands" And "Opt-Out" Moms, Beth A. Burkstrand-Reid

Beth A. Burkstrand-Reid

Women were not the only ones opting out. Nearly one year before The New York Times in its article “The Opt-Out Revolution” showcased highly educated, upwardly mobile women opting out of paid work for the lure of staying at home, Fortune magazine had already reported that some men, which it coined “trophy husbands,” had been doing the same. “Trophy husbands” were presented as leaving paid work by choice, like their later opt-out counterparts. Opt-out moms and trophy husbands—as described in these two germinal stories—have much in common. While, on the surface, the actions of these mothers and fathers may have …


Child, Family, State, And Gender Equality In Religious Stances And Human Rights Instruments: A Preliminary Comparison, Linda C. Mcclain Sep 2010

Child, Family, State, And Gender Equality In Religious Stances And Human Rights Instruments: A Preliminary Comparison, Linda C. Mcclain

Faculty Scholarship

The UN Convention on the Rights of the Child (CRC) recently began its third decade. Why has the United States still not ratified the CRC, celebrated as the most widely ratified international human rights treaty in history? Once again, this question is on the table: Congressional resolutions that President Obama should not transmit the CRC to the Senate for advice and consent rapidly followed intimations that the Obama Administration had some qualms about the U.S. keeping company only with Somalia in not ratifying it. Some scholars contend that enlisting the unique resources of religions would help to ground a culture …


Approaches To Protecting Victims Of Intimate Partner Violence In The United States And Ireland: People, Property, And Politics, Barbara Glesner Fines Jan 2010

Approaches To Protecting Victims Of Intimate Partner Violence In The United States And Ireland: People, Property, And Politics, Barbara Glesner Fines

Faculty Works

No abstract provided.


The Hidden Dimension Of Nineteenth-Century Immigration Law, Kerry Abrams Jan 2009

The Hidden Dimension Of Nineteenth-Century Immigration Law, Kerry Abrams

Faculty Scholarship

No abstract provided.


"Bad" Mothers And Spanish-Speaking Caregivers, Annette R. Appell Jun 2007

"Bad" Mothers And Spanish-Speaking Caregivers, Annette R. Appell

Nevada Law Journal

No abstract provided.


The Psychological Consequences Of Judically Imposed Closets In Child Custody And Visitation Disputes Involving Gay Or Lesbian Parents, Nancy G. Maxwell, Richard Donner Oct 2006

The Psychological Consequences Of Judically Imposed Closets In Child Custody And Visitation Disputes Involving Gay Or Lesbian Parents, Nancy G. Maxwell, Richard Donner

William & Mary Journal of Race, Gender, and Social Justice

This article examines child custody and visitation cases in which courts operate under the assumption that parents who live openly as sexual minorities will harm their children. Based on this assumption, courts frequently impose restrictions on parents, requiring them to live closeted lives in order to have access to their children. Part I of this article introduces the concept of the judicially imposed closet as courts have applied it through several custody and visitation cases. Part II examines social science research concerning the psychological impact of "family secrets" on parents and children as well as research on sexual minority parenting. …


Polygamy, Prostitution, And The Federalization Of Immigration Law, Kerry Abrams Jan 2005

Polygamy, Prostitution, And The Federalization Of Immigration Law, Kerry Abrams

Faculty Scholarship

When Congress banned the immigration of Chinese prostitutes with the Page Law of 1875, it was the first restrictive federal immigration statute. Yet most scholarship treats the passage of the Page Law as a relatively unimportant event, viewing the later Chinese Exclusion Act as the crucial landmark in the federalization of immigration law. This Article argues that the Page Law was not a minor statute targeting a narrow class of criminals, but rather an attempt to prevent Chinese women in general from immigrating to the United States. Most Chinese women migrating to the United States in the early 1870s were …


Strangers And Brothers: A Homily On Transracial Adoption, Carl E. Schneider Jan 2003

Strangers And Brothers: A Homily On Transracial Adoption, Carl E. Schneider

Articles

The common law speaks to us in parables. Ours is Drummond v. Fulton County Department of Family and Children's Services. Just before Christmas 1973, a boy named Timmy was born to a white mother and a black father. A month later, his mother was declared unfit, and the Department of Family and Children Services placed Timmy with white foster parents - Robert and Mildred Drummond. The Drummonds were "excellent" and "loving" parents, and Timmy grew into "an extremely bright, highly verbal, outgoing 15-month baby boy." Then the Drummonds asked to adopt Timmy. The Department's reviews of the Drummonds' devotion …


Customized Marriage, James Herbie Difonzo Jul 2000

Customized Marriage, James Herbie Difonzo

Indiana Law Journal

No abstract provided.


Anglicans, Merchants, And Feminists: A Comparative Study Of The Evolution Of Married Women's Rights In Virginia, New York, And Wisconsin, Joseph A. Ranney Apr 2000

Anglicans, Merchants, And Feminists: A Comparative Study Of The Evolution Of Married Women's Rights In Virginia, New York, And Wisconsin, Joseph A. Ranney

William & Mary Journal of Race, Gender, and Social Justice

No abstract provided.


Empty Gestures: The (In)Significance Of Recent Attempts To Liberalize Algerian Family Law, Ann Luerssen Crowther Apr 2000

Empty Gestures: The (In)Significance Of Recent Attempts To Liberalize Algerian Family Law, Ann Luerssen Crowther

William & Mary Journal of Race, Gender, and Social Justice

No abstract provided.


Comparing Race And Sex Discrimination In Custody Cases, Katharine T. Bartlett Jan 2000

Comparing Race And Sex Discrimination In Custody Cases, Katharine T. Bartlett

Faculty Scholarship

No abstract provided.


Court-Created Boundaries Between A Visible Lesbian Mother And Her Children, Susan J. Becker Oct 1997

Court-Created Boundaries Between A Visible Lesbian Mother And Her Children, Susan J. Becker

Law Faculty Articles and Essays

This essay identifies some of the boundaries and obstacles imposed by the courts on a "visible" lesbian mother striving to maintain a healthy relationship with her children. The term "visible" is used to describe a mother whose lesbian sexuality has been revealed to a court empowered with defining her future contact with her children. The primary focus here is on children who were conceived through a heterosexual relationship, and where a heterosexual parent, grandparent, or other person is challenging the lesbian mother's right to custody of, or visitation with, her own children. Court created boundaries are identified and discussed in …


Coming Out In West Virginia: Child Custody And Visitation Disputes Involving Gay Or Lesbian Parents, Jeffery L. Hall Sep 1997

Coming Out In West Virginia: Child Custody And Visitation Disputes Involving Gay Or Lesbian Parents, Jeffery L. Hall

West Virginia Law Review

No abstract provided.


Property Distribution Physics: The Talisman Of Time And Middle Class Law, Margaret F. Brinig Jan 1997

Property Distribution Physics: The Talisman Of Time And Middle Class Law, Margaret F. Brinig

Journal Articles

Should the young professional's spouse get some share in a newly acquired career while the young military officer's will not? Does the division between alimony and property make any sense, given no-fault divorce? Is reimbursement for lost career opportunities plus a share in the couple's tangible property fair compensation for a divorcing spouse? Such difficult questions frame this piece, which will also—and I believe necessarily—digress into the nature of marriage, the duties of parenting, and modern divorce philosophy.


Adoption Law: Congratulations For Now--Current Law, The Revised Uniform Adoption Act, And Final Adoptions, Eric C. Czerwinski Jan 1996

Adoption Law: Congratulations For Now--Current Law, The Revised Uniform Adoption Act, And Final Adoptions, Eric C. Czerwinski

Oklahoma Law Review

No abstract provided.


Losing The Struggle For Another Voice: The Case Of Family Law, Carol Smart Oct 1995

Losing The Struggle For Another Voice: The Case Of Family Law, Carol Smart

Dalhousie Law Journal

This paper is based on empirical work in progress concerning co-parenting and the ways in which mothers and fathers organize the care of children after separation. It deals with two foundational issues: Gilligan's concept of "another voice" and its congruence with recent developments in family law in the United Kingdom and otherdeveloped countries including Canada and the United States. The author concludes that the ethic of care incorporated in the British legislation and given some expression in the judicial system does not fully recognize two kinds of caring. There is caring about and caring for. The caring about of fathers …


If Anybody Ask You Who I Am: An Outsider's Story Of The Duty To Establish Paternity, Lisa Kelly Jan 1995

If Anybody Ask You Who I Am: An Outsider's Story Of The Duty To Establish Paternity, Lisa Kelly

American University Journal of Gender, Social Policy & the Law

No abstract provided.