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Articles 1 - 11 of 11
Full-Text Articles in Law
The Probative Weight Of The "Mainstreaming" Requirement Under The Eha, Linda S. Abrahamson
The Probative Weight Of The "Mainstreaming" Requirement Under The Eha, Linda S. Abrahamson
Northern Illinois University Law Review
This comment examines the case law which has developed around the "mainstreaming" provision of the EHA. It focuses on the fact that placement decisions made by school districts are nearly always upheld, regardless of the desires of parents or handicapped students. The author contends that this inequity does not properly respect the role of parents under the EHA, as advocates for their handicapped children. The author concludes by developing a factor test to determine the appropriate placement for a handicapped student when the degree of mainstreaming is the only issue before a reviewing court.
Discretion, Rules, And Law: Child Custody And The Umda's Best-Interest Standard, Carl E. Schneider
Discretion, Rules, And Law: Child Custody And The Umda's Best-Interest Standard, Carl E. Schneider
Michigan Law Review
One barrier facing any attempt to devise a uniform law for diverse jurisdictions is the occasional - perhaps even frequent - difficulty of writing rules that will accurately guide judges. The law's ordinary solution to that difficulty is to give judges some measure of discretion. This article inquires into the nature and legitimacy of that technique. It does so by analyzing a particularly controversial provision of the Uniform Marriage and Divorce Act (UMDA). Section 402 of that Act states: "The court shall determine custody in accordance with the best interest of the child." It then instructs the court to "consider …
Recognizing Child Abuse: A Guide For The Concerned, Denise Esposito
Recognizing Child Abuse: A Guide For The Concerned, Denise Esposito
Michigan Law Review
A Review of Recognizing Child Abuse: A Guide for the Concerned by Douglas J. Besharov
Stemming The Modification Of Child-Support Orders By Responding Courts: A Proposal To Amend Ruresa's Antisupersession Clause, Jane H. Gorham
Stemming The Modification Of Child-Support Orders By Responding Courts: A Proposal To Amend Ruresa's Antisupersession Clause, Jane H. Gorham
University of Michigan Journal of Law Reform
This Note examines the practice of using the Act to modify existing child-support orders. Part I explores the question of whether the Act's enforcement mechanisms were designed to permit the responding court to modify existing support orders. It emphasizes the problems involved with concurrent support orders and modification and describes the range of positions courts have taken to support or oppose allowing responding courts to modify support orders. Part II explores the federal child-support enforcement programs, their interstate applications, and their relationship to the Act's enforcement mechanisms. The analysis in these parts leads to Part III, which proposes an amendment …
The Homeless School-Age Child: Can Educational Rights Meet Educational Needs?, Camilla M. Cochrane
The Homeless School-Age Child: Can Educational Rights Meet Educational Needs?, Camilla M. Cochrane
University of Miami Law Review
No abstract provided.
Allocating The Costs Of Parental Free Exercise : Striking A New Balance Between Sincere Religious Belief And A Child's Right To Medical Treatment, Paula A. Monopoli
Allocating The Costs Of Parental Free Exercise : Striking A New Balance Between Sincere Religious Belief And A Child's Right To Medical Treatment, Paula A. Monopoli
Faculty Scholarship
No abstract provided.
Beyond Parens Patriae: Assuring Timely, Informed, Compassionate Decicisionmaking For Hiv-Positive Children In Foster Care, Deborah J. Weimer
Beyond Parens Patriae: Assuring Timely, Informed, Compassionate Decicisionmaking For Hiv-Positive Children In Foster Care, Deborah J. Weimer
Faculty Scholarship
No abstract provided.
Children Without Homes: Rights To Education And To Family Stability, Stanley S. Herr
Children Without Homes: Rights To Education And To Family Stability, Stanley S. Herr
University of Miami Law Review
No abstract provided.
Commentary: Meeting The Financial Needs Of Children, David L. Chambers
Commentary: Meeting The Financial Needs Of Children, David L. Chambers
Articles
Those who drafted the equitable distribution statutes adopted in New York and elsewhere wanted to help assure women and children an acceptable level of financial well-being after divorce. Marsha Garrison has shown that divorcing couples rarely possess enough resources to attain financial well-being even when they live together as a couple, let alone when they live in two separate households. She has also shown that, even in the cases of couples with substantial assets, the broad and general language of the equitable distribution statute did not lead (and could not have been expected to lead) to consistent distributions that assured …
The Multiple-Marriage Society And Spousal Rights Under The Revised Uniform Probate Code, Lawrence W. Waggoner
The Multiple-Marriage Society And Spousal Rights Under The Revised Uniform Probate Code, Lawrence W. Waggoner
Articles
Nearly everyone knows about the transformation of the American family that has taken place over the last couple of decades. The changes, from the latter half of the 1970s into the present, comprise one of the great events of our age. Articles on one aspect or another of the phenomenon frequent the popular press, and a special edition of Newsweek was recently devoted to the topic.' The traditional "Leave It To Beaver" family no longer prevails in American society. To be sure, families consisting of a wage-earning husband, a homemaking and child-rearing wife, and their two joint children still exist. …