Law Commons^™

Of Valentines, Diamonds, Emeralds And Peanuts: Heart Balm In Virginia, Paul M. Birch

Law Faculty Publications

A light look at heart balm statutes and Peter v. Langley, Civ. 89241 (Va. Cir. Ct. Nov. 6, 2014).

Divorce Equality, Allison Anna Tait

Law Faculty Publications

The battle for marriage equality has been spectacularly successful, producing great optimism about the transformation of marriage. The struggle to revolutionize the institution of marriage is, however, far from over. Next is the battle for divorce equality. With the initial wave of same-sex divorces starting to appear on court dockets, this Article addresses the distinctive property division problems that have begun to arise with same-sex divorce and that threaten, in the absence of rule reform, to both amplify and reinscribe problems with the conventional marital framework. Courts have failed to realize the cornerstone concept of equitable distribution-marriage as an economic …

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

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.

Marriage Equality Comes To America, Carl W. Tobias

Law Faculty Publications

Marriage equality is sweeping the nation. Four appeals courts recently affirmed district judges’ opinions which invalidated numerous state laws proscribing same-sex marriage. Yet, the Sixth Circuit reversed a number of district jurists, prompting a circuit split that provoked Supreme Court resolution. Because marriage equality’s status is unclear, this piece assesses disposition of the litigation and recommends how to clarify marriage equality.

How Child Abuse Hotlines Hurt The Very Children They’Re Trying To Protect, Dale Margolin Cecka

Law Faculty Publications

The recent media obsession with “free range” parenting has illuminated a policy issue which rarely affects parents who debate free range parenting: the exploitation of child abuse reporting hotlines.

Recent Children's Policy And Legislative Developments In Virginia: A Brief History, A Bright Future, Christopher K. Peace, Jay Leftwich

Richmond Public Interest Law Review

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.

Troxel Revisited: A New Approach To Third-Party Childcare, Jeffrey A. Parness

Richmond Public Interest Law Review

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 …

"I Now Pronounce You Husband And Wives": The Case For Polygamous Marriage After United States V. Windsor And Burwell V. Hobby Lobby Stores, Peter N. Swisher

Law Faculty Publications

The purpose of this article is to question the continuing validity of Reynolds in light of subsequent United States Supreme Court deci- sions, including-most recently-UnitedStates v. Windsor and Burwell v. Hobby Lobby Stores, Inc. Based upon these subsequent Supreme Court decisions, and the Religious Freedom Restoration Act of 1993, proponents of polygamous marriage now have a very strong case for validating polygamous marriages on cultural, religious, and constitutional grounds.

The Civil Rights Of Sexually Exploited Youth In Foster Care, Dale Margolin Cecka

Law Faculty Publications

This paper examines the civil rights of youth who are missing or discharged from foster care and become victims of sexual exploitation. It also addresses future implications of this epidemic, given demographic patterns of the United States, if we do not address this issue now. Section II describes the demographics of adolescents in foster care. Next, Section III addresses the sexual exploitation of this population. Section IV describes the legal framework of the foster care system and legislation pertaining to sexually exploited youth. Section V analyzes the constitutional rights of foster youth who become victims of sexual exploitation and draws …

The Evidentiary Rules Of Engagement In The War Against Domestic Violence, Erin R. Collins

Law Faculty Publications

Our criminal justice system promises defendants a fair and just adjudication of guilt, regardless of the character of the alleged offense. Yet, from mandatory arrest to "no-drop" prosecution policies, the system's front-end response to domestic violence reflects the belief that it differs from other crimes in ways that permit or require the adaptation of criminal justice response mechanisms. Although scholars debate whether these differential responses are effective or normatively sound, the scholarship leaves untouched the presumption that, once the adjudicatory phase is underway, the system treats domestic violence offenses like any other crime.

This Article reveals that this presumption is …

Childcare Market Failure, Meredith J. Harbach

Law Faculty Publications

In the UnitedStates,family law norms and childcare policy have long reflected the view that childcare is a private,family matter.Butchildcare hascrossedtheprivate-publicdivide.In the absence of parents at home providing care, a substantial childcare market has emerged. And that market is failing. Our law, policy, and legal scholarship have yet to recognize and account for this new reality. This Article confronts the problem on its own terms, using economic analysis to diagnose our childcarecrisis as a marketfailure,and makes the casefor more active and explicit government intervention in the childcare market. Economic theory not only helps us understand why the market is failing, but …