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Full-Text Articles in Law
Parental Due Process: Fields V. Palmdale School District, Roxana M. Smith
Parental Due Process: Fields V. Palmdale School District, Roxana M. Smith
Golden Gate University Law Review
The Ninth Circuit reaffirmed in Fields v. Palmdale School District that the constitutional "due process right of parents to make decisions regarding their children's education does not" authorize "individual parents to enjoin school boards from providing information" deemed appropriate in the performance of their educational function. The court further held that the parental right of privacy over the upbringing of children does not entitle parents to prohibit public schools from providing curricula about sex which the schools' boards deem educationally appropriate.
Going Beyond Parents And Institutional Review Boards In Protecting Children Involved In Nontherapeutic Research, Efi Rubinstein
Going Beyond Parents And Institutional Review Boards In Protecting Children Involved In Nontherapeutic Research, Efi Rubinstein
Golden Gate University Law Review
Part I of this Comment traces the development of ethical and legal guidelines for current informed consent procedures. Part II outlines the extent of parental authority in volunteering children for research, including legal exceptions to parental permission and possible limitations imposed on parental rights by the courts. Part III challenges the assumption that parents can and will always act in their child's best interest. Part IV argues that institutional review boards cannot be relied upon to protect children when parents fail to do so. Finally, Part V proposes possible improvements to the problematic evaluation process of parents and institutions when …
Discovering Donors: Legal Rights To Access Information About Anonymous Sperm Donors Given To Children Of Artificial Insemination In Johnson V. Superior Court Of Los Angeles County, Jenna H. Bauman
Golden Gate University Law Review
In the Johnson case, six-year-old Brittany, a child conceived through artificial insemination, was diagnosed with a genetically-transmitted kidney disease originating from the child's anonymous sperm donor. The case documents the parents' struggle to obtain personal medical information regarding the anonymous donor. It also illustrates the donor's fight, with the full support of the sperm bank, to maintain his anonymity at all costs. This Note discusses the court's decision in Johnson v. Superior Court of Los Angeles County, et al., in which it held that children created through artificial insemination should be allowed access to information about their anonymous sperm donor …
Where Are The Parents? Parental Criminal Responsibility For The Acts Of Children, Lisa Lockwood
Where Are The Parents? Parental Criminal Responsibility For The Acts Of Children, Lisa Lockwood
Golden Gate University Law Review
This Comment will examine the legal possibility of imposing parental criminal liability for the crimes committed by the direct acts of their children. Part II of this article will describe the elements required to impose criminal liability, specifically for the convictions of involuntary manslaughter and murder by depraved indifference. These elements are then juxtaposed against those required in civil tort law, which are substantially similar and therefore must apply to hold parents responsible for the deaths of third parties. Next, because parental criminal liability cases have not yet occurred, Part III will investigate cases in which the elements required for …
Surrogacy In California: Genetic And Gestational Rights, Dale Elizabeth Lawrence
Surrogacy In California: Genetic And Gestational Rights, Dale Elizabeth Lawrence
Golden Gate University Law Review
Part I of this article contrasts the surrogacy controversy in California with the legislative response nationwide by examining the various underlying issues that must necessarily be considered by state legislatures. Although the surrogacy controversy raises issues that concern the nation and society as a whole, it should be resolved independently by each state's legislature. At the center of the debate lies the question of whether the practice of surrogacy is detrimental or beneficial to the contracting parties and to society. Part II examines a California judicial decision of first impression and compares it to other states' judicial decisions on surrogacy. …
Residence Restrictions On Custodial Parents: Sex-Based Discrimination?, Alix Gravenstein Pastis
Residence Restrictions On Custodial Parents: Sex-Based Discrimination?, Alix Gravenstein Pastis
Golden Gate University Law Review
Residence restrictions are frequently imposed on the custodial, but not the noncustodial, parent. These restrictions come into play when the custodial parent wishes to move with the child, the noncustodial parent opposes the move, and a court is called upon to resolve the dispute. The court will do so based upon a determination of what it judges to be in the best interests of the child. The best interests inquiry ultimately resolves itself into a question of whether the custodial parent's reasons for making the move are sufficiently substantial to outweigh the noncustodial parent's interest in existing visitation privileges. A …
Survey: Women And California Law, Alan Black, Katherine Hardy
Survey: Women And California Law, Alan Black, Katherine Hardy
Golden Gate University Law Review
This survey of California law, a regular feature of the Women's Law Forum, summarizes recent California Supreme Court and Court of Appeal decisions of special importance to women. A brief analysis of the issues pertinent to women raised in each case is provided.
Survey: Women And California Law, Carol A. King
Survey: Women And California Law, Carol A. King
Golden Gate University Law Review
This survey of California Law, a regular feature of the Women's Law Forum, summarizes recent California Supreme Court and Court of Appeal decisions of special importance to women. A brief analysis of the issues pertinent to women raised in each case is provided.
Tort Remedies For Incestuous Abuse, Margaret J. Allen
Tort Remedies For Incestuous Abuse, Margaret J. Allen
Golden Gate University Law Review
This Comment explores the problem of incestuous abuse between father and daughter, traditional tort theories available to the incest victim/survivor, defenses fathers might raise, and the availability of punitive damages to the incest victim/survivor.
Survey: Women And California Law, Michele Modena-Kurpinsky
Survey: Women And California Law, Michele Modena-Kurpinsky
Golden Gate University Law Review
This survey of California case law and legislation is a regular feature of the Women's Law Forum. The survey summarizes recent California Supreme Court decisions, courts of appeal decisions, and new legislation which are of special importance to women. The focus of the survey is on presenting issues most pertinent to women, rather than on analyzing all issues raised in each case or bill. The survey period for cases in this issue is March 1, 1981 through February 28, 1982. Summaries of significant legislation enacted between October 1, 1980 and December 31, 1981 are also included.
Parental Notification: A State-Created Obstacle To A Minor Woman's Right Of Privacy, Susan A. Bush
Parental Notification: A State-Created Obstacle To A Minor Woman's Right Of Privacy, Susan A. Bush
Golden Gate University Law Review
This Comment argues that parental notification statutes unduly burden a minor woman's right of privacy as they impose a state-created obstacle to minor women who wish to exercise their right to have an abortion. This right means very little if state regulations or restrictions make access to abortions difficult or impossible. The interests that such regulations seek to protect - the health of the minor and the parent-child relations - are not served by parental notification. The health consequences for minor women who bear children are severe and the psychological health of minor women can be detrimentally affected by requiring …
Second Thoughts On Joint Child Custody: Analysis Of Legislation And Its Implications For Women And Children, Joanne Schulman, Valerie Pitt
Second Thoughts On Joint Child Custody: Analysis Of Legislation And Its Implications For Women And Children, Joanne Schulman, Valerie Pitt
Golden Gate University Law Review
The purpose of this article is to review and analyze joint custody legislation and its implications for future custody litigation. However, discussion of joint custody must include an awareness of who its proponents are and their motivations, as well as the effect it will have on the lives of women who remain the primary caretakers of children, for "[i]n the background of the arguments over joint custody lies the age old 'battle of the sexes' and the current change in lifestyles." That the current joint custody trend is a backlash to the feminist movement and women's struggle for an identity …
The Nonmarital Sexual Conduct Of Custodial Mothers: A Study Of California's Precarious Parental Rights, Barbara Child
The Nonmarital Sexual Conduct Of Custodial Mothers: A Study Of California's Precarious Parental Rights, Barbara Child
Golden Gate University Law Review
Mothers of minor children engage in sexual conduct with men to whom they are not married. That is no longer a shocking truth. Nonetheless, those mothers continue to live with a Damocles sword hanging over their heads. Their sexual conduct can still cause them to lose their children, even in these supposedly liberated times in the state of California. This Article surveys the cases in which the most commonly used ambiguous statutes together with secure judicial discretion have been brought to bear on custodial mothers who either by choice or by economic necessity do not live conventional middleclass lives. The …
Joint Custody As A Statutory Presumption: California's New Civil Code Sections 4600 And 4600.5, Nancy K. Lemon
Joint Custody As A Statutory Presumption: California's New Civil Code Sections 4600 And 4600.5, Nancy K. Lemon
Golden Gate University Law Review
On January 1, 1980, California, in enacting Civil Code sections 4600 and 4600.5, became the first state in the nation to operate under statutes not only authorizing joint custody awards upon divorce, but also establishing a presumption that joint custody is in the best interests of the child when both parents request it. This Article will examine the history of joint custody and of the legislative process, present guidelines for judicial interpretation, and undertake an analysis of the implications for women in the new statutes.