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Articles 1 - 12 of 12
Full-Text Articles in Law
Responsibility Begins At Conception, Shari Motro
Responsibility Begins At Conception, Shari Motro
Law Faculty Publications
Under current law, most states frame men’s pregnancy-related obligations as an element of child support or as part of a parentage order, which generally kicks in only after the birth of a child and is limited to medical expenses. Until and unless the pregnancy produces a child, any costs associated with it are regarded as the woman’s responsibility. The debate around the new technology has, unfortunately, so far adopted this frame, labeling the test a paternity test and the potential obligation as child support.
Rather than focusing on the relationship between the man and a hypothetical child, the new technology …
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
Law Student Publications
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.
Every Adolescent Deserves A Parent, Dale Margolin Cecka
Every Adolescent Deserves A Parent, Dale Margolin Cecka
Law Faculty Publications
This article argues that all adolescents, indeed all human beings, deserve at least one parent—one person who takes the good with the bad because that person’s life is intertwined with the child’s. The child matters to the parent in a way that a friend, nephew, or foster child may not. Child welfare professionals must never lose sight of this principle when they recruit, train, and maintain parents for adolescents. The parent can be someone who is already in the young person’s life or someone who has been unable to parent in the past, but is now ready to secure that …
Spoliation In Child Welfare: Perspectives And Solutions, Dale Margolin Cecka
Spoliation In Child Welfare: Perspectives And Solutions, Dale Margolin Cecka
Law Faculty Publications
Author examines spoliation in child welfare litigation and provides ideas for preserving evidence and improvement record-keeping.
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.
How (Not) To Talk About Abortion, Meredith J. Harbach
How (Not) To Talk About Abortion, Meredith J. Harbach
Law Faculty Publications
In this essay, I aim to have a conversation about how we converse- how we talk-about abortion and related issues. In the process, I want to consider how we might come together to discover issues of shared commitment and values and transform the existing abortion debate. I begin with a review of some of the more notable abortion-related rhetoric during the 2012 Virginia General Assembly, and contrast that rhetoric with the discourse in my classroom. I then consider whether and how we might move forward together toward a more meaningful and productive dialogue on these issues.
Virtual Adultery: No Physical Harm, No Foul?, Kathryn Pfeiffer
Virtual Adultery: No Physical Harm, No Foul?, Kathryn Pfeiffer
Law Student Publications
New forms of social media and virtual communication are changing the ways in which we meet new people and develop meaningful relationships. In today's world, you can skype a long-distance significant other or join an Internet chat room to find others who share a similar interest. While, in many ways, the Internet has facilitated our ability to interact with others unencumbered by geographical location or time zone, its unfettered reach has proved to be problematic for one relationship in particular-the marital unit. Studies show that more marriages are ending because of "virtual infidelity," the term used to describe nonphysical behavior …
A Tale Of Three Families: Historical Households, Earned Belonging, And Natural Connections, Allison Anna Tait
A Tale Of Three Families: Historical Households, Earned Belonging, And Natural Connections, Allison Anna Tait
Law Faculty Publications
The work of this Article is to present a new and synthetic reading of cases about wives, illegitimate children, and unwed fathers that follows these three logics, revealing how they weave together and why earned belonging provides the strongest support for Ginsburg's original vision of an equalized household.
Spoliation In Child Welfare: Perspectives And Solutions, Dale Margolin
Spoliation In Child Welfare: Perspectives And Solutions, Dale Margolin
Richmond Public Interest Law Review
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 Public Interest Law Review
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.
Outsourcing Childcare, Meredith Johnson Harbach
Outsourcing Childcare, Meredith Johnson Harbach
Law Faculty Publications
Existing discourse on childcare decisions proceeds as if there were one "right" answer to the question of who should care for children. The law has preferences, too. But the reality is that parents, like businesses, make diverse, strategic decisions about when to keep work in-house, and when to collaborate with outside partners. This Article uses the lens of business outsourcing to gain fresh perspective on childcare decisionmaking, and the law's relationship to it. The outsourcing framework provides three key insights. First, it enables us to better understand the diversity of childcare decisions and the reasons underlying them. Second, the outsourcing …