Law Commons^™

Stop Making Court A First Stop For Many Low Income Parents, Jane C. Murphy

All Faculty Scholarship

In the wake of the unrest over police misconduct in cities across the country, calls for reform have focused on the criminal justice system — making police, prosecutors, and criminal courts more accountable and just. While much work needs to be done in that arena, too little attention has focused on the ways in which low income families are hurt in civil courts. Many more men, women and children from low income communities of color pass through the doors of our family courts every day than those who interact with the criminal justice system. Some come to court as a …

The Injustice Of Inclusion And Fair Opportunity: Exploiting Children In Medical Research For The Benefit Of An Unworthy Society, Ruqaiijah Yearby

All Faculty Scholarship

The history of pediatric medical research has been characterized as a history of child abuse. Usually, the debate regarding the use of children in medical research has centered on questions of Autonomy (informed consent) and Beneficence (the best interest of the child based on a benefit risk analysis). The debate has rarely focused on the question of which children should participate in medical research by discussing the legal principle of Justice (prohibits use of vulnerable populations for medical research who are already overly burdened for medical research unrelated to health issues affecting them and requires that populations who participate in …

Military Law: Time To Mandate Best Interests Of The Child To Restrict Deployments Of Parents That Affect Preschool Children, John A. Lynch Jr.

All Faculty Scholarship

As America viewed the first massive deployment of its all-volunteer force at the beginning of the first Persian Gulf War, one journalist commented:

When this war is over, Americans need to do some serious thinking about the all-volunteer armed forces, the one legacy of the Vietnam War with which the nation seemed comfortable. Among other things, we have to decide whether a single parent, and, in many cases, both parents, should be deployed in war zones.

Is the nation's reliance on an army of volunteers worth the emotional grief that comes from ripping military parents away from their children? Do …

The Functions Of Family Law, Serena Mayeri

All Faculty Scholarship

Melissa Murray's Family Law's Doctrines provides a fascinating case study of legal parentage cases involving assisted reproductive technology, where judges applied relatively new laws to even newer circumstances never contemplated by the laws' drafters. The Uniform Parentage Act (UPA) was a modernizing statute intended to resolve legal questions generated by new societal developments: namely, the rise of nonmarital heterosexual relationships producing children, and the use of artificial insemination within heterosexual marital relationships.

In the decades after its adoption in California, the UPA confronted a brave new world. Two developments further transformed the reality of family life: assisted reproductive technologies such …