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Foreword: The Meaning Of Gender Equality In Criminal Law, Dorothy E. Roberts

All Faculty Scholarship

No abstract provided.

Who Is Jessica's Mother? Defining Motherhood Through Reality, Suellyn Scarnecchia

Other Publications

The recent Baby Jessica case and others like it have renewed the nature versus nurture debate in family law. Baby Jessica's biological parents, the Schmidts, sought to obtain permanent custody of their daughter after giving her up for adoption to the DeBoer family. Their argument was one that found its basis in biology and the idea of a traditional family. On the other hand, with the assistance of Professor Scarnecchia, the DeBoers argued that it was more important forJessica's overall health to remain with her primary caretakers of two years. Courts, however, have taken a more traditional view of this …

An Analysis Of Realistic Due Process Rights Of Children Versus Parents, Raymond C. O'Brien

Scholarly Articles

The purpose of this Article is to analyze the Santosky presupposition and demonstrate why it is misdirected. In particular, the Article posits that the clear and convincing standard adopted by the Court deprives the child of his or her due process rights. The minimum standard should be reduced to at least one of preponderance of the evidence. Such a standard would recognize the so-called parental presumption, i.e. the historical preference given to parents, but give greater recognition to the rights of the child.

This Article examines the due process concerns of parent and child from both a legal and a …

Hostages In The ‘Hood, Robert A. Destro

Scholarly Articles

The goal of this essay is to sketch out an approach which attempts to highlight the multiplicity of interests necessarily included in, but not always identified in, debates over gang control policy. The intent is not so much to suggest a way in which to resolve these often competing interests (which would be impossible in any event), or even to attempt an exhaustive discussion of the most important ones. It is, rather, to suggest that a feel for context and a sense of proportion is or ought to be critical in all discussions of gang control policy.