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Articles 1 - 22 of 22
Full-Text Articles in Law
Consideration Of Genetic Connections In Child Custody Disputes Between Same-Sex Parents: Fair Or Foul?, Jessica Feinberg
Consideration Of Genetic Connections In Child Custody Disputes Between Same-Sex Parents: Fair Or Foul?, Jessica Feinberg
Missouri Law Review
Historically, in child custody disputes involving same-sex couples who conceived their children through assisted reproductive technology, the law only recognized the relationship between the child and the member of the same-sex couple who was the child’s genetic parent. Consequently, non-genetic parents in these situations were frequently denied standing to seek custody or visitation following the dissolution of their relationship with the child’s genetic parent. Due to recent legal advancements, however, it is becoming far more common for both members of a same-sex couple to be legally recognized as the parents of a child conceived through assisted reproductive technology. Unfortunately, despite …
Minors, Parents, And Minor Parents, Maya Manian
Minors, Parents, And Minor Parents, Maya Manian
Missouri Law Review
As numerous scholars have noted, the law takes a strikingly incoherent approach to adolescent reproduction. States overwhelmingly allow a teenage girl to independently consent to pregnancy care and medical treatment for her child, and even to give up her child for adoption, all without notice to her parents, but require parental notice or consent for abortion. This Article argues that this oft-noted contradiction in the law on teenage reproductive decision making is in fact not as contradictory as it first appears. A closer look at the law’s apparently conflicting approaches to teenage abortion and teenage childbirth exposes common ground that …
Victims Of Substantiated Child Abuse: Missouri’S New Reasonably Ascertainable Creditors, Alice Haseltine
Victims Of Substantiated Child Abuse: Missouri’S New Reasonably Ascertainable Creditors, Alice Haseltine
Missouri Law Review
A recent decision from the Supreme Court of Missouri, In re Austin, held that victims of substantiated child abuse are reasonably ascertainable creditors. The practical effect of Austin is to afford victims of substantiated child abuse an extra six months to file claims against the estate of his or her abuser. While this decision is a small victory for victims of sexual abuse, the facts in Austin raise controversial questions about whether the unique circumstances surrounding claims of childhood sexual abuse warrant an exception to the one-year claim bar against a decedent’s estate. This Note begins with an exploration of …
Missouri And The Charter School Puzzle: A Story With An Uncertain Ending, Jillian Dent
Missouri And The Charter School Puzzle: A Story With An Uncertain Ending, Jillian Dent
Missouri Law Review
Education and education reform are often at the forefront of the public consciousness. Currently, three large public school systems in Missouri are at a crossroads: Kansas City Public Schools, which became unaccredited in 2012; the Normandy and Riverview Gardens School Districts of St. Louis, which were re-classified as unaccredited in 2013; and St. Louis Public Schools, whose provisional accreditation was in question after 2013 test results. The education systems in Missouri’s two largest cities, the lifeblood of the state, are in varying states of accreditation, and a looming question, with recent cases such as Breitenfeld v. School District of Clayton, …
Challenges And Inconsistencies Facing The Posthumously Conceived Child, Andrew T. Peebles
Challenges And Inconsistencies Facing The Posthumously Conceived Child, Andrew T. Peebles
Missouri Law Review
This Note will discuss the problems with the Supreme Court of the United States’ decision, the inconsistencies that exist in state intestacy law, and the solutions that are necessary to remedy these challenges. Part II gives a brief background of the facts and circumstances surrounding Astrue. Part III discusses the history of the Social Security Administration and in vitro fertilization and points out the conflicting results from various jurisdictions that have death with this issue. Part IV delves into the Supreme Court's reasoning behind its decision in Astrue. Finally, Part V comments on the reasons Astrue was poorly decided, the …
Rethinking The Testamentary Capacity Of Minors , Mark Glover
Rethinking The Testamentary Capacity Of Minors , Mark Glover
Missouri Law Review
This Article proceeds in five main parts. Part II provides the context for examining different rationales for the testamentary incapacity of minors. In particular, it explains the doctrine's place in the law of wills and describes the minor incapacity rules in the related areas of contracts and lifetime gifts. Parts III through V analyze three rationales for the testamentary incapacity of minors. Part III reexamines the traditional explanation, which views the age requirement as furthering a protective policy. Part IV suggests an alternative rationale, namely that age serves as a proxy for competence, and Part V analyzes a second alternative, …
And Baby Makes Two: Posthumously Conceived Children And The Eighth Circuit's Denial Of Survivors Benefits , Stephanie Liu
And Baby Makes Two: Posthumously Conceived Children And The Eighth Circuit's Denial Of Survivors Benefits , Stephanie Liu
Missouri Law Review
In light of the recent Supreme Court of the United States case of Astrue v. Capato, which involved a similar issue, this Note will address the lack of uniformity and guidance among the respective appellate courts regarding the issue. Specifically, the emerging circuit split concerning posthumously conceived children and their rights to Social Security benefits based on the earning records of their deceased, genetic fathers will be examined. In order to do so, the facts and holding of Beeler are first discussed, followed by an explanation of Assisted Reproductive Technology. Next, the Social Security Act, along with relevant provisions and …
Are You My Mother - Missouri Denies Custodial Rights To Same-Sex Parent, Emmalee M. Miller
Are You My Mother - Missouri Denies Custodial Rights To Same-Sex Parent, Emmalee M. Miller
Missouri Law Review
This Note argues that Missouri should adopt a doctrine of alternative parentage that expands the definition of "parent" to include those in same-sex relationships who are not the biological or adoptive parents.' 0 In Part II, this Note analyzes the facts and holding of White. Next, in Part 111, this Note explores the Uniform Parentage Act and introduces the nontraditional forms of standing created by courts to allow third parties to obtain custody rights. Then, Part IV examines the court's rationale in White. Lastly, Part V explores why the court erred in its decision and why courts should recognize alternative …
Fundamental, But Not Fundamental Enough: Missouri's Balancing Test In The Area Of Parental Rights, Nichole Walsch
Fundamental, But Not Fundamental Enough: Missouri's Balancing Test In The Area Of Parental Rights, Nichole Walsch
Missouri Law Review
In Weigand, the petitioner argued that the statute infringed on his due process and equal protection rights to the care, custody and control of his child and that it violated the open courts provision of the Missouri Constitution. This Note argues that the "balancing-of-interests" test applied by the Supreme Court of Missouri does not give parental rights the heightened scrutiny they deserve. In addition, the balancing test is problematic because it is extremely subjective and leaves the decision of constitutionality entirely up to judicial discretion. This Note also suggests that the court failed to give full weight to the procedural …
Inadequacies Of Missouri Intestacy Law: Addressing The Rights Of Posthumously Conceived Children, The, Kimberly E. Naguit
Inadequacies Of Missouri Intestacy Law: Addressing The Rights Of Posthumously Conceived Children, The, Kimberly E. Naguit
Missouri Law Review
When Sergeant Dayne Darren Dhanoolal of Columbus, Georgia, died on March 31, 2008, while serving in Iraq, Kynesha Dhanoolal, his widow, hoped to be able to fulfill his expressed wish of having children.' She obtained a temporary restraining order in federal court to prevent the military from embalminp Sergeant Dhanoolal until someone extracted and froze samples of his sperm. Mrs. Dhanoolal planned to be artificially inseminated with the sperm as early as that summer. While this may sound like the stuff of science fiction, science and technology no longer limit human reproduction to the act of sexual intercourse. Couples today …
Non-Beneficial Pediatric Research And The Best Interest Standard: A Reconciliation, Paul J. Litton
Non-Beneficial Pediatric Research And The Best Interest Standard: A Reconciliation, Paul J. Litton
Faculty Publications
Federal efforts beginning in the 1990's have successfully increased pediatric research to improve medical care for all children. Since 1997, the FDA has requested 800 pediatric studies involving 45,000 children. Much of this research is "non-beneficial"; that is, it exposes pediatric subjects to risk even though these children will not benefit from participating in the research. Non-beneficial pediatric research (NBPR) seems, by definition, contrary to the best interests of pediatric subjects, which is why one state supreme court has essentially prohibited it. It also appears that the only plausible rationale for this research is utilitarian, as it risks some children …
Non-Beneficial Pediatric Research And The Best Interest Standard: A Reconciliation, Paul J. Litton
Non-Beneficial Pediatric Research And The Best Interest Standard: A Reconciliation, Paul J. Litton
Faculty Publications
Federal efforts beginning in the 1990's have successfully increased pediatric research to improve medical care for all children. Since 1997, the FDA has requested 800 pediatric studies involving 45,000 children. Much of this research is "non-beneficial"; that is, it exposes pediatric subjects to risk even though these children will not benefit from participating in the research. Non-beneficial pediatric research (NBPR) seems, by definition, contrary to the best interests of pediatric subjects, which is why one state supreme court has essentially prohibited it. It also appears that the only plausible rationale for this research is utilitarian, as it risks some children …
In Re N.L.B. V. Lentz: The Missouri Supreme Court's Unwarranted Extension Of A Putative Father's Constitutional Protections, Lauren Standlee
In Re N.L.B. V. Lentz: The Missouri Supreme Court's Unwarranted Extension Of A Putative Father's Constitutional Protections, Lauren Standlee
Missouri Law Review
In Lentz, the Missouri Supreme Court granted an unwed father leave to intervene in an adoption, despite the fact that he had failed to bring himself into the realm of constitutionally protected putative fathers. This note explains why the holding of the Lentz court subverted the intent of Missouri's adoption statutes and its putative father registry, and argues that an unwed biological father who has not filed a valid paternity action, registered with the putative father registry, or demonstrated a substantial commitment to the responsibilities of parenthood should not be entitled to the additional constitutional protections available to diligent putative …
Caught Between A Rock And A Hard Place: Harmonizing Victim Confidentiality Rights With Children's Best Interests, Lauren E. Parsonage
Caught Between A Rock And A Hard Place: Harmonizing Victim Confidentiality Rights With Children's Best Interests, Lauren E. Parsonage
Missouri Law Review
In State ex rel. Hope House, Inc. v. Merrigan, the Missouri Supreme Court examined Missouri Revised Statutes Section 210.140, 5 which eliminates legally recognized privileged communications where there is evidence of child abuse or neglect, and attempted to resolve it with Section 455.220,6 which establishes strict confidentiality for residents of domestic violence shelters. 7 Although Section 210.140 has previously been the subject of litigation, this case was the first time the court concurrently dealt with Section 455.220 and attempted to harmonize two conflicting statutes that ultimately could have a tremendous effect on the children involved. This Note will examine the …
Harming Future Persons: Obligations To The Children Of Reproductive Technology, Philip G. Peters Jr.
Harming Future Persons: Obligations To The Children Of Reproductive Technology, Philip G. Peters Jr.
Faculty Publications
Two paradigms dominate contemporary ethical and legal debate about the risks posed to children who owe their lives to reproductive technology. One asks whether the children have lives so tragic that life itself is harmful. The other approach asks whether children so conceived are likely to enjoy a minimally decent existence. Although the two approaches have quite different analytic foundations, they share one crucial trait. Each concludes that children who owe their lives to reproductive technology are harmed only when that technology causes genuinely catastrophic injuries.Because these conventional paradigms define harmful conduct exclusively by reference to the magnitude of the …
Adoption Of Children In Missouri, Mary M. Beck
Adoption Of Children In Missouri, Mary M. Beck
Faculty Publications
The purpose of this Article is to investigate the effect of Missouri law on adoption and to determine whether its provisions adequately protect the parties to adoption and whether its degree of clarity properly forestalls litigation.
Who's Watching Out For The Children - Making Child Custody Determinable By Binding Arbitration - Dick V. Dick, Barbara E. Wilson
Who's Watching Out For The Children - Making Child Custody Determinable By Binding Arbitration - Dick V. Dick, Barbara E. Wilson
Journal of Dispute Resolution
"Many is the custody case which almost seems to outlive the parents .... To remedy this problem, many members of the legal profession advocate greater utilization of arbitration to include determination of child custody.' As state courts struggle to incorporate and interpret the Uniform Arbitration Act ("UAA") into child custody case law, the Dick case stands as the latest decision demonstrating the advantages and pitfalls of using binding arbitration to resolve custody disputes.
Children's Rights In Intercountry Adoption: Towards A New Goal, S. I. Strong
Children's Rights In Intercountry Adoption: Towards A New Goal, S. I. Strong
Faculty Publications
Each year, hundreds of thousands of children languish in foster or institutional care worldwide, while at the same time, thousands of adults, married and unmarried alike, are denied children because of “shortages.” How did this tragedy occur, and why does it continue to be repeated daily in countries around the world? The unfortunate truth is that many of the legal and societal norms now in place effectively prohibit needy children from finding suitable homes. While potential parents in Western countries cry out for babies of their own, millions of children live in physical and psychological poverty in underfunded orphanages around …
Children And Comparative Fault: Determining The Burden Small Shoulders Should Bear, Leta Elizabeth Hodge
Children And Comparative Fault: Determining The Burden Small Shoulders Should Bear, Leta Elizabeth Hodge
Missouri Law Review
Missouri has long favored a system that treats assessment of a child's contributory fault as a fact issue. Although the system, referred to as the "modem trend," has undeniable advantages and provides protection for both children and the adults who negligently injure them, the system has drawbacks when applied to very young children. The negatives of the system should lead us to question whether society is adequately protecting its youngsters or demanding far too much of them.
Providing An Escape For Inner-City Children: Creating A Federal Remedy For Educational Ills Of Poor Urban Schools, Amy J. Schmitz
Providing An Escape For Inner-City Children: Creating A Federal Remedy For Educational Ills Of Poor Urban Schools, Amy J. Schmitz
Faculty Publications
Children in impoverished, urban areas attend dangerous and decrepit schools, where they receive low quality education which fails to prepare them for meaningful participation in the community. Many states, however, provide no legislative or judicial remedy for these children, who desperately need vocational and educational skills to enable them to escape from the deprivation of their urban landscape. Meanwhile, federal officials speak
Child Custody Mediation: A Proposed Alternative To Litigation, Terri Garner
Child Custody Mediation: A Proposed Alternative To Litigation, Terri Garner
Journal of Dispute Resolution
Section II of this article describes the historical framework from which child custody mediation has developed. Section III discusses the process and procedures normally followed by a mediator in order to assure maximum, effective results. Section IV explains the role of the mediator including ethical considerations and problems faced by attorneys who wish to mediate the custody disputes of divorcing couples. Section V sets forth the results and conclusions of the Denver Custody Mediation Project (Denver Project), an influential study that has become the basis of encouraging mediation throughout the nation. Finally, Section VI discusses the advantages and disadvantages of …
Trial By Ambush Or Avalanche - The Discovery Debacle, Walter E. Oberer
Trial By Ambush Or Avalanche - The Discovery Debacle, Walter E. Oberer
Journal of Dispute Resolution
I fell in love with the law in 1946, during my first week in law school. It has been a torrid affair ever since. "Ever since" has entailed seven years of law practice followed by thirty-two years of law professing, eight of these as a dean. Against this backdrop of fealty, I had occasion recently to encounter the legal process as it presently, honest-to-God, exists. This encounter was not as a lawyer, not as a law professor, not as a consultant, not, that is, as a professional impersonally involved, but as the father of the mother in a child-custody case. …