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Articles 1 - 13 of 13
Full-Text Articles in Law
Don't Mess With Texans' Rights: Protecting Transgender Youth From The Paternalistic Policies Of State Executives, Mary Franklin
Don't Mess With Texans' Rights: Protecting Transgender Youth From The Paternalistic Policies Of State Executives, Mary Franklin
Indiana Journal of Law and Social Equality
Texas Attorney General Ken Paxton issued an opinion in 2022 detailing how gender-affirming care for transgender minors constituted child abuse under the Texas Family Code. As a result of this opinion, multiple families of trans teens engaging in various forms of gender-affirming care were investigated by the Texas Department of Family and Protective Services. This Article applies the constitutional standards imposed by the equal protection clause, substantive due process, and parental authority to Paxton’s recommendation, using both the U.S. and Texas Constitutions. Ultimately, this Article concludes that Paxton’s opinion fails to meet these constitutional standards and recommends action from the …
In Re Mandy M., 239 A.3d 1152, 1155 (R.I. 2020), Jacklyn Henry
In Re Mandy M., 239 A.3d 1152, 1155 (R.I. 2020), Jacklyn Henry
Roger Williams University Law Review
No abstract provided.
In Re Lucas D., 272 A.3d 109 (R.I. 2022), Kat L. Mccorkle
In Re Lucas D., 272 A.3d 109 (R.I. 2022), Kat L. Mccorkle
Roger Williams University Law Review
No abstract provided.
Lacera V. Department Of Children, Youth, And Families, 272 A.3d 1064 (R.I. 2022), Hilary L. Levey Friedman
Lacera V. Department Of Children, Youth, And Families, 272 A.3d 1064 (R.I. 2022), Hilary L. Levey Friedman
Roger Williams University Law Review
No abstract provided.
How To Bring Your Kids Up Queer: Family Law Realism, Then And Now, Kris Franklin, Noa Ben-Asher
How To Bring Your Kids Up Queer: Family Law Realism, Then And Now, Kris Franklin, Noa Ben-Asher
Articles & Chapters
This essay, in honor of Paula Ettelbrick’s vast contributions to family law, examines a new site of conflict - the legal treatment of transgender children and youth - for which Ettelbrick’s work, alongside Eve Kosofsky Sedgwick’s seminal essay, How to Bring Your Kids up Gay (1991) are fundamental. We apply what we believe to be Ettelbrick’s emphasis on having legal structures recognize the reality and lives of queer people – what we call “family law realism” – to the current social and legal struggles that are unfortunately being fought upon the bodies of transgender identified children and youth. We recommend …
Life Is A Highway: Addressing Legal Obstacles To Foster Youth Driving, Lucy Johnston-Walsh
Life Is A Highway: Addressing Legal Obstacles To Foster Youth Driving, Lucy Johnston-Walsh
Faculty Scholarly Works
The simple and relatively mundane act of driving a car, which many of us take for granted, can have a profound impact on many aspects of adulthood. The ability to drive a car can provide a means to pursue education and employment, to earn income, and to ultimately obtain independence. As a young adult, a car is often the first acquired asset, which leads to developing credit history for other major life purchases. Owning a car may also be a significant contributor to a person’s economic wellbeing and future buying power. Yet the simple act of driving a car is …
Rwu Law News: The Newsletter Of Roger Williams University School Of Law 06-2020, Roger Williams University School Of Law, Michael M. Bowden, Katie Mulvaney
Rwu Law News: The Newsletter Of Roger Williams University School Of Law 06-2020, Roger Williams University School Of Law, Michael M. Bowden, Katie Mulvaney
Life of the Law School (1993- )
No abstract provided.
Developmental Justice And The Voting Age, Katharine B. Silbaugh
Developmental Justice And The Voting Age, Katharine B. Silbaugh
Faculty Scholarship
Several municipalities have lowered the voting age to 16, with similar bills pending in state legislatures and one considered by Congress. Meanwhile, advocates for youth are trying to raise the ages of majority across an array of areas of law, including ages for diverting criminal conduct into the juvenile justice system (18 to 21); buying tobacco (18 to 21); driving (16 to 18); and obtaining support from the foster care system (18 to 21). Child welfare advocates are fighting the harms of Adultification, meaning the projection of adult capacities, responsibilities, and consequences onto minors. In legal and social history, seeing …
The Legal Design For Parenting Concussion Risk, Katharine B. Silbaugh
The Legal Design For Parenting Concussion Risk, Katharine B. Silbaugh
Faculty Scholarship
This Article addresses a question as yet unexplored in the emerging concussion risk literature: how does the statutorily assigned parental role in concussion risk management conceptualize the legal significance of the parent, and does it align with other areas of law that authorize and limit parental risk decision-making? Parents are the centerpiece of the “Lystedt” youth concussion legislation in all fifty states, and yet the extensive legal literature about that legislation contains no discussion of parents as legal actors and makes no effort to situate their statutory role into the larger legal framework of parental authority. This Article considers the …
A Look Back And A Look Forward: Legislative And Regulatory Highlights For 2008 And 2009 And A Discussion Of Juvenile Transfer, Andrew K. Block
A Look Back And A Look Forward: Legislative And Regulatory Highlights For 2008 And 2009 And A Discussion Of Juvenile Transfer, Andrew K. Block
University of Richmond Law Review
No abstract provided.
What You Should Know Before You Leave The System, Dale Margolin Cecka
What You Should Know Before You Leave The System, Dale Margolin Cecka
Law Faculty Publications
Discharging young people from foster care with no place to go, no source of income, and no health insurance is not just wrong-it's illegal. Although every state's laws are different, all states have an obligation to make sure you are able to live on your own before forcing you to leave the foster care system. In New York, you can remain in foster care until you are 21. However, once you turn 18, you must agree to remain in care by either signing an agreement or telling the judge in court that you want to stay in care. You cannot …
Delinquency Jurisdiction In A Unified Family Court: Balancing Intervention, Prevention, And Adjudication, Gloria Danziger
Delinquency Jurisdiction In A Unified Family Court: Balancing Intervention, Prevention, And Adjudication, Gloria Danziger
All Faculty Scholarship
This article will examine the demographics of the current juvenile delinquency caseloads and will argue that, despite trends toward greater punitive measures-including placement of juveniles in adult courts for certain offenses, the concept of a therapeutic "family-centered court," which inspired Jane Addams and her colleagues, remains the most promising approach to delinquency, articulated most notably by the proponents of the unified family court concept. The article will consider and address objections and concerns raised with respect to this approach, looking at ways in which several states have incorporated juvenile delinquency into a family-centered unified family court.
Book Review Of State Legislative Summary, 1994: Children, Youth, And Family Issues, James S. Heller
Book Review Of State Legislative Summary, 1994: Children, Youth, And Family Issues, James S. Heller
Library Staff Publications
No abstract provided.