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Articles 1 - 3 of 3
Full-Text Articles in Law
The Tension Between Rules And Discretion In Family Law: A Report And Reflection, Carl E. Schneider
The Tension Between Rules And Discretion In Family Law: A Report And Reflection, Carl E. Schneider
Articles
The history of law is many things. But one of them is the story of an unremitting struggle between rules and discretion. The tension between these two approaches to legal problems continues to pervade and perplex the law today. Perhaps nowhere is that tension more pronounced and more troubling than in family law. It is probably impossible to practice family law without wrestling with the imponderable choice between rules and discretion. Consider, for example, how many areas of family law are now being fought over in-just those terms. For decades we have lived with an abundantly discretionary way of resolving …
Child Protection Law, Suellyn Scarnecchia
Child Protection Law, Suellyn Scarnecchia
Book Chapters
The Fifth and Fourteenth Amendments to the U.S. Constitution protect a parent's custodial rights. However, such rights are not absolute and may be terminated. There is no substantive due-process right to live together as a family. Doe v Oettle, 97 Mich App 183, 293 NW2d 760 (1980). Parents are not held to ideal standards in the care of their children but to minimum statutory standards. Fritts v Krugh, 354 Mich 97, 92 NW2d 604 (1958).
State Interest Analysis And The Channeling Function, Carl E. Scheider
State Interest Analysis And The Channeling Function, Carl E. Scheider
Book Chapters
In this article, I wish to criticize the narrowness of the Supreme Court's conception of the interests states may advance to justify statutes challenged on constitutional privacy grounds. I also wish to identify and describe one of the several state interests that not infrequently undergirds such legislation but that the Court has failed to understand.