Open Access. Powered by Scholars. Published by Universities.®

Law Commons

Open Access. Powered by Scholars. Published by Universities.®

Articles 1 - 30 of 46

Full-Text Articles in Law

Emancipation Unlocke'd: Partus Sequitur Ventrem, Self-Ownership, And No "Middle State"In Maria Vs. Surbaugh, Diane J. Klein Jan 2020

Emancipation Unlocke'd: Partus Sequitur Ventrem, Self-Ownership, And No "Middle State"In Maria Vs. Surbaugh, Diane J. Klein

University of Maryland Law Journal of Race, Religion, Gender and Class

No abstract provided.


School-Based Legal Services As A Tool In Dismantling The School-To-Prison Pipeline And Achieving Educational Equity, Barbara Fedders, Jason Langberg Jan 2013

School-Based Legal Services As A Tool In Dismantling The School-To-Prison Pipeline And Achieving Educational Equity, Barbara Fedders, Jason Langberg

University of Maryland Law Journal of Race, Religion, Gender and Class

No abstract provided.


Brown V. Entertainment Merchants Association: "Modern Warfare" On First Amendment Protection Of Violent Video Games, Jessica Fisher Jan 2013

Brown V. Entertainment Merchants Association: "Modern Warfare" On First Amendment Protection Of Violent Video Games, Jessica Fisher

Journal of Business & Technology Law

No abstract provided.


Astrue V. Capato: Forcing A Shoe That Doesn't Fit, Courtney Hannon Jan 2013

Astrue V. Capato: Forcing A Shoe That Doesn't Fit, Courtney Hannon

Journal of Health Care Law and Policy

No abstract provided.


A Broken Shield: A Plea For Formality In The Juvenile Justice System, Robin Walker Sterling Jan 2013

A Broken Shield: A Plea For Formality In The Juvenile Justice System, Robin Walker Sterling

University of Maryland Law Journal of Race, Religion, Gender and Class

No abstract provided.


Toward Equality: Nonmarital Children And The Uniform Probate Code, Paula A. Monopoli Jan 2012

Toward Equality: Nonmarital Children And The Uniform Probate Code, Paula A. Monopoli

Faculty Scholarship

This Article traces the evolution of the Uniform Probate Code's (UPC) broad equality framework for inheritance by nonmarital children in the context of the wider movement for legal equality for such children in society. It concludes that the UPC is to be lauded for its efforts to provide equal treatment to all nonmarital children. The UPC'c commitment to such equality serves an expressive function for state legilatures and courts to follow its lead. The UPC has fulfilled its promise that all children regardless of marital status shall be equal for purposes of inheritance from or through parents, with one exception: …


Mothers, Babies And Jail, Rebecca Johnson Jan 2008

Mothers, Babies And Jail, Rebecca Johnson

University of Maryland Law Journal of Race, Religion, Gender and Class

No abstract provided.


10 Years Out Of Step & Out Of Line: Florida’S Statutory Ban Of “Lesbi-Gay Adoption” Violates The Adoption And Safe Families Act Of 1997 (Asfa), Cynthia G. Hawkins-León, Anesha Worthy Jan 2008

10 Years Out Of Step & Out Of Line: Florida’S Statutory Ban Of “Lesbi-Gay Adoption” Violates The Adoption And Safe Families Act Of 1997 (Asfa), Cynthia G. Hawkins-León, Anesha Worthy

University of Maryland Law Journal of Race, Religion, Gender and Class

No abstract provided.


Bringing Up Baby: Adoption, Marriage, And The Best Interests Of The Child, Robin Fretwell Wilson, W. Bradford Wilcox Feb 2006

Bringing Up Baby: Adoption, Marriage, And The Best Interests Of The Child, Robin Fretwell Wilson, W. Bradford Wilcox

Faculty Scholarship

In the piece, Professor Brad Wilcox and I ask who should care for children when their biological parents cannot? This is a question of potentially explosive dimensions under new definitions of legal parentage proposed in this volume of the WILLIAM & MARY BILL OF RIGHTS JOURNAL. This question is also important today for evaluating state adoption laws. A significant number of states bar consideration of a prospective adopter’s marital or non-marital status. We believe these laws miss an important opportunity to maximize the best interests of each child being placed. In this piece, we take an exclusively child-centered approach, drawing …


Evaluating Marriage: Does Marriage Matter To The Nurturing Of Children?, Robin Fretwell Wilson Oct 2005

Evaluating Marriage: Does Marriage Matter To The Nurturing Of Children?, Robin Fretwell Wilson

Faculty Scholarship

Three decades ago, it would have been inconceivable for people to discuss seriously the idea of withdrawing the legal and financial support society gives to marriage. In recent years, however, thinkers and policymakers have given more serious thought to the possibility of eliminating marriage as a category entitled to the State’s support. An important consideration in this debate is whether keeping or eliminating the State’s support of marriage matters to the well-being of children. A wealth of studies contemplating modern family forms now exists, many of which invariably stack newer family structures up against the more traditional nuclear family. Until …


Secondhand Smoke And The Family Courts: The Role Of Smoke Exposure In Custody And Visitation Decisions, Kathleen Dachille, Kristine Callahan Jun 2005

Secondhand Smoke And The Family Courts: The Role Of Smoke Exposure In Custody And Visitation Decisions, Kathleen Dachille, Kristine Callahan

Faculty Scholarship

This publication is designed to assist courts, practitioners and lay people who are faced with a custody or visitation proceeding in which a child's exposure to secondhand smoke has been or may be raised.


Research Involving Children: Regulations, Review Board, And Reform, Rupali Gandhi Jan 2005

Research Involving Children: Regulations, Review Board, And Reform, Rupali Gandhi

Journal of Health Care Law and Policy

No abstract provided.


Crawford V. Washington: The Admissibility Of Statements To Physicians And The Use Of Closed-Circuit Television In Cases Of Child Sexual Abuse, Jon Simon Stefanuca Jan 2005

Crawford V. Washington: The Admissibility Of Statements To Physicians And The Use Of Closed-Circuit Television In Cases Of Child Sexual Abuse, Jon Simon Stefanuca

University of Maryland Law Journal of Race, Religion, Gender and Class

No abstract provided.


Achieving Batterer Accountability In The Child Protection System, Leigh S. Goodmark Jan 2004

Achieving Batterer Accountability In The Child Protection System, Leigh S. Goodmark

Faculty Scholarship

No abstract provided.


The Debate Over The Denial Of Marriage Rights And Benefits To Same-Sex Couples And Their Children, Liz Seaton Jan 2004

The Debate Over The Denial Of Marriage Rights And Benefits To Same-Sex Couples And Their Children, Liz Seaton

University of Maryland Law Journal of Race, Religion, Gender and Class

No abstract provided.


Do Moms And Dads Matter? Evidence From The Social Sciences On Family Structure And The Best Interests Of The Child, Maggie Gallagher, Joshua K. Baker Jan 2004

Do Moms And Dads Matter? Evidence From The Social Sciences On Family Structure And The Best Interests Of The Child, Maggie Gallagher, Joshua K. Baker

University of Maryland Law Journal of Race, Religion, Gender and Class

No abstract provided.


Medical Treatment Of Children With Hiv Illness And The Need For Supportive Intervention: The Challenges Of Medical Providers, Families And The State, Deborah J. Weimer Jan 2003

Medical Treatment Of Children With Hiv Illness And The Need For Supportive Intervention: The Challenges Of Medical Providers, Families And The State, Deborah J. Weimer

Faculty Scholarship

Human iummuno-deficiency virus (HIV) illness in children poses tremendous challenges to medical providers and families to work together to deliver optimal care. An alternative to filing "neglect" reports with the Department of Social Services is necessary to provide support and appropriate intervention to families and medical providers caring for HIV-positive children.

The creation of a neutral entity that could intervene and identify barriers to treatment and communication between the medical providers and the family would benefit all the parties involved. Knowledgeable mediators could help facilitate communication and identify appropriate support for the child and family.

Intervention would not be delayed …


Best Interests Equals Zealous Advocacy: A Not So Radical View Of Holistic Representation For Children Accused Of Crime, Ellen Marrus Jan 2003

Best Interests Equals Zealous Advocacy: A Not So Radical View Of Holistic Representation For Children Accused Of Crime, Ellen Marrus

Maryland Law Review

No abstract provided.


Promoting Community Child Protection: A Legislative Agenda, Leigh S. Goodmark Jan 2002

Promoting Community Child Protection: A Legislative Agenda, Leigh S. Goodmark

Book Gallery

No abstract provided.


Introduction, Michael J. Pappas Jan 2002

Introduction, Michael J. Pappas

Journal of Health Care Law and Policy

No abstract provided.


Educating Students With Complex Health Care Needs In Public Schools: The Intersection Of Health Care, Education, And The Law, Donna H. Lehr, Jill Greene Jan 2002

Educating Students With Complex Health Care Needs In Public Schools: The Intersection Of Health Care, Education, And The Law, Donna H. Lehr, Jill Greene

Journal of Health Care Law and Policy

No abstract provided.


The Stuart Rome Lecture: Knocking Against The Rocks: Evaluating Institutional Practices And The African-American Boy, Theresa Glennon Jan 2002

The Stuart Rome Lecture: Knocking Against The Rocks: Evaluating Institutional Practices And The African-American Boy, Theresa Glennon

Journal of Health Care Law and Policy

No abstract provided.


Educationally Related Mental Health Services For Children With Serious Emotional Disturbance: Addressing Barriers To Access Through The Idea, Lucy W. Shum Jan 2002

Educationally Related Mental Health Services For Children With Serious Emotional Disturbance: Addressing Barriers To Access Through The Idea, Lucy W. Shum

Journal of Health Care Law and Policy

No abstract provided.


Foreword: "Children With Special Needs: The Intersection Of Health Care, Education & The Law", Susan P. Leviton Jan 2002

Foreword: "Children With Special Needs: The Intersection Of Health Care, Education & The Law", Susan P. Leviton

Journal of Health Care Law and Policy

This foreword was written as an introduction to the May 2001 symposium sponsored by the University of Maryland Law and Health Care Program entitled "Children with Special Needs: the Intersection of Health Care Education & the Law.


Road Warrior: Two Parents' Perspective On Getting Services For Children With Special Needs, Teresa K. Lamaster, John J. O'Brien Jan 2002

Road Warrior: Two Parents' Perspective On Getting Services For Children With Special Needs, Teresa K. Lamaster, John J. O'Brien

Journal of Health Care Law and Policy

No abstract provided.


The Idea's Promise Unfulfilled: A Second Look At Special Education & Related Services For Children With Mental Health Needs After Garret F, Ellen A. Callegary Jan 2002

The Idea's Promise Unfulfilled: A Second Look At Special Education & Related Services For Children With Mental Health Needs After Garret F, Ellen A. Callegary

Journal of Health Care Law and Policy

No abstract provided.


Achieving Service Integration For Children With Special Health Care Needs: An Assessment Of Alternative Medicaid Managed Care Models, Ian Hill, Renee Schwalberg, Beth Zimmerman, Wilma Tilson Jan 2002

Achieving Service Integration For Children With Special Health Care Needs: An Assessment Of Alternative Medicaid Managed Care Models, Ian Hill, Renee Schwalberg, Beth Zimmerman, Wilma Tilson

Journal of Health Care Law and Policy

No abstract provided.


The Provision Of School Health Services To Students With Disabilities: The Intersection Of Health Care Policy, Education And The Law In The Post-Garret F. Era, Leslie Seid Margolis Jan 2002

The Provision Of School Health Services To Students With Disabilities: The Intersection Of Health Care Policy, Education And The Law In The Post-Garret F. Era, Leslie Seid Margolis

Journal of Health Care Law and Policy

No abstract provided.


Regulation Of Research With Children: The Evolution From Exclusion To Inclusion, Duane Alexander Jan 2002

Regulation Of Research With Children: The Evolution From Exclusion To Inclusion, Duane Alexander

Journal of Health Care Law and Policy

No abstract provided.


(Women And) Children First: Applicable To Lifeboats? Applicable To Human Experimentation?, Lainie Friedman Ross, M. Justin Coffey Jan 2002

(Women And) Children First: Applicable To Lifeboats? Applicable To Human Experimentation?, Lainie Friedman Ross, M. Justin Coffey

Journal of Health Care Law and Policy

No abstract provided.