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Full-Text Articles in Law
Troxel Revisited: A New Approach To Third-Party Childcare, Jeffrey A. Parness
Troxel Revisited: A New Approach To Third-Party Childcare, Jeffrey A. Parness
Richmond Journal of Law and the Public Interest
This article will first explore the new de facto parent state laws originating in both statutes and cases. These laws often limit current parental decisionmaking about childcare due to an earlier conscious or implicit ceding of parental authority. The article will then examine current third-party childcare laws, including those specially addressing stepparents and grandparents. The analysis will show that such laws typically do not comparably limit current parental decisionmaking due to earlier ceding of parental authority, making third-party childcare more difficult because of requirements like "harm or potential harm to the child." Finally, the article suggests a new approach to …
Recent Children's Policy And Legislative Developments In Virginia: A Brief History, A Bright Future, The Honorable Christopher K. Peace, Amy L. Woolard
Recent Children's Policy And Legislative Developments In Virginia: A Brief History, A Bright Future, The Honorable Christopher K. Peace, Amy L. Woolard
Richmond Journal of Law and the Public Interest
In this piece, we will outline the structural and policy developments implemented in Virginia in recent years that set the stage for a sea change in children’s services in Virginia.
Spoliation In Child Welfare: Perspectives And Solutions, Dale Margolin
Spoliation In Child Welfare: Perspectives And Solutions, Dale Margolin
Richmond Journal of Law and the Public Interest
This article examines the potential effects of failing to preserve or produce evidence in the child welfare tort context. Section Two provides an overview of the record-keeping policies and practices in child protective systems throughout the country. It also describes the toll that civil litigation has taken on these systems because of negligent care of children. Section Three explains spoliation and its civil and criminal ramifications in other contexts. Section Four analyzes the effects that missing records have on child welfare torts. Section Five discusses best practices for attorneys and courts in addressing spoliation in child welfare tort litigation. Section …
My Daddy's Name Is Donor: Evaluating Sperm Donation Anonymity And Regulation, Mark Ballantyne
My Daddy's Name Is Donor: Evaluating Sperm Donation Anonymity And Regulation, Mark Ballantyne
Richmond Journal of Law and the Public Interest
In Part I, this comment explores the debate on anonymous sperm donation and the current law in the United States. Part II surveys new developments in the regulation of sperm donation internationally and domestically. Part III reviews "My Daddy's Name is Donor" and how its findings relate to the anonymity debate. Part IV concludes with suggestions regarding the national registry and future regulation of sperm donation in the United States.
Towards A New Lens Of Analysis: The History And Future Of Religious Exemptions To Child Neglect Statutes, Gregory Engle
Towards A New Lens Of Analysis: The History And Future Of Religious Exemptions To Child Neglect Statutes, Gregory Engle
Richmond Journal of Law and the Public Interest
In order to analyze the religious exemptions, this paper will begin with their history. Part II looks at the Child Abuse Prevention and Treatment Act of 1974 (CAPTA) the statute that precipitated their spread, as well as the justifications that it was bolstered upon: Free Exercise of religion and parental rights. The Equal Protection critique follows as Part III, followed by Part IV that discusses the traditional critique, grounded in the Establishment Clause. In Part V, the article will finish with an explanation of why the Equal Protection critique is a much stronger criticism.
Medical Rights For Same-Sex Couples And Rainbow Families, Anisa Mohanty
Medical Rights For Same-Sex Couples And Rainbow Families, Anisa Mohanty
Richmond Journal of Law and the Public Interest
The present state of the law regarding medical rights for same-sex couples and their families is highly inconsistent. A handful of states permit same-sex marriage. Another handful of states recognize samesex marriages from other states, allow civil unions with state-level spousal rights for same-sex couples, or extend some or nearly all statelevel spousal rights to unmarried couples in domestic partnerships. With these widely disparate levels of recognition, it becomes difficult for same-sex couples to navigate their options and rights when a loved one-a partner or child-has a medical emergency or is in the hospital. In Part II, this Comment will …
Dividing Lives: How Deporting Legal And Illegal Immigrants With United States-Born Children Is Separating Families And Why United States And International Laws Are Failing Families, Anna-Liisa Jacobson
Dividing Lives: How Deporting Legal And Illegal Immigrants With United States-Born Children Is Separating Families And Why United States And International Laws Are Failing Families, Anna-Liisa Jacobson
Richmond Journal of Law and the Public Interest
This Article explores the current immigration laws causing mixed immigration status families to become separated and analyzes what the role of the United States government should be in solving this crisis. Part II discusses the current crisis occurring when families are separated due to factors such as deportation. Part III analyzes the changes brought by the Illegal Immigration Reform and Immigrant Responsibility Act of 1996 ("IIRIRA") and how these changes have negatively impacted immigrant families. Part IV examines the increasing number of deportations due to changes in the penalties for crimes committed by immigrants. Part V explores the legal protections …
Adopting A New Approach To Medical Information For Adoptees, Jessica Marie Yoke
Adopting A New Approach To Medical Information For Adoptees, Jessica Marie Yoke
Richmond Journal of Law and the Public Interest
Some estimates indicate that at least six million adoptees lived in the United States in 1997. "After factoring in birth parents and adoptive parents for each adoptee, the number of persons directly affected by the adoption process grows to over [twenty-four million] persons." States conducted many of these adoptions privately, particularly those that did not occur recently, so the parties remain anonymous to one another. Thus, an enormous number of Americans are now struggling in a system built on antiquated law that is not very useful, and in fact might be harmful. This Comment proposes a solution to this overlooked …
New Options For Child Support Payments, Sue K. Varon, Jennifer Varon
New Options For Child Support Payments, Sue K. Varon, Jennifer Varon
Richmond Journal of Law and the Public Interest
Non-custodial parents pay child support in a variety of ways. Divorced parents should be provided with all possible options for making these payments. Some new options have emerged both in the public and private sectors.
Community Plans To Address Domestic Violence: An Overview Of Domestic Violence Within The Context Of Family And Community Violence, Rhonda Vickery Impink
Community Plans To Address Domestic Violence: An Overview Of Domestic Violence Within The Context Of Family And Community Violence, Rhonda Vickery Impink
Richmond Journal of Law and the Public Interest
The purpose of this article is to review the various conceptual components of the issue of domestic violence by first explicating the numerous challenges to understanding the complexity of this issue. The societal costs from domestic violence within the broader purview of sexual assault, family violence and other violence in the community are described, as well as the challenges of developing community collaboration initiatives to comprehensively address family violence. Highlights are presented from a process evaluation from one community's efforts to develop a community plan for a comprehensive and collaborative family violence approach that encompasses governmental, for-profit and nonprofit sectors. …