Law Commons^™

The Establishment Clause And Religion In Child Custody Disputes: Factoring Religion Into The Best Interest Equation, Michigan Law Review

Michigan Law Review

This Note examines when judges deciding custody disputes may consider potential custodians' religious practices without violating the establishment clause of the first amendment to the Constitution. Although courts agree that they may not prefer one parent to another for religious reasons when both parents are religious and neither parent's religious practices threaten the child's health or safety, some courts believe that they may constitutionally prefer a religious parent to a nonreligious parent. Part I argues that courts violate the establishment clause by preferring religion to nonreligion when there is no showing that the child has personal religious convictions. Part II …

The Treatment Of Mandatory Tax Withholdings In Calculating Afdc Benefits: Fairness As A Relevant Inference In Ascertaining Congressional Intent, Michigan Law Review

Michigan Law Review

This Note contends that the more appropriate construction of the statute is to view mandatory tax withholdings as nonincome and nonwork expense items. Part I traces the pre-OBRA legislative and administrative history and examines the judicial interpretations of 42 U.S.C. section 602(a)(7) "income" and section 602(a)(8) "earned income." It concludes that under the "availability" principle, tax withholdings have always been regarded as nonincome items distinct from work expenses. It contends that, notwithstanding contradictory language in the regulations implementing section 602(a)(8), the status of tax withholdings as nonincome items under section 602(a)(7) is controlling. Part II considers the legislative history and …

The Battering Parent Syndrome: Inexpert Testimony As Character Evidence, Thomas N. Bulleit Jr.

University of Michigan Journal of Law Reform

This Note proposes that courts refuse to give further consideration to admitting the battering parent syndrome as evidence in both civil and criminal proceedings arising out of child abuse. Part I of the Note describes the syndrome as it appears in the psychological literature. Part II suggests that current judicial attitudes favor the future admissibility of the syndrome, conditioned only on an improved showing of scientific accuracy. Part III demonstrates that regardless of scientific accuracy, the character evidence rule forbids courts from admitting the battering parent syndrome. Part IV argues that the important policies underlying the character evidence rule override …

For The Sake Of Our Children: Selected Legislative Needs Of Florida's Children, Ellen Irene Hoffenberg

Nova Law Review

The realization that children are a group of special people-

individual constituents deserving special recognition, protection

and attention-is a new concept for American jurisprudence and for

state legislators.

Hrs And The Health And Welfare Of Florida's Children, William W. Ausbon M.D.

Nova Law Review

Recent information concerning children and families arising from

1980 census data and several national reports reveals certain situations

and trends which will have far-reaching consequences for Florida and

the nation.

The Governor's Constituency For Children: Concerned Adults Unite In Lobbying Efforts, Margaret Kempel

Nova Law Review

In the political lexicon of the 1980s, a "constituency" has come to

mean a special interest group coalesced around a single issue. These

single-issue constituencies, or special interest lobbies, range from right

wing to left wing, from neighborhood associations to well-organized political

action committees, from environmental causes to tax-slashing

referenda.

In Aid Of The Working Poor: The Proper Treatment Of Payroll Taxes In Calculating Benefits Under The Aid To Families With Dependent Children Program, Caro Ann Siciliano

Fordham Law Review

No abstract provided.

In Aid Of The Working Poor: The Proper Treatment Of Payroll Taxes In Calculating Benefits Under The Aid To Families With Dependent Children Program, Caro Ann Siciliano

Fordham Law Review

No abstract provided.

Parental Liability For The Torts Of Their Minor Children: Limits, Logic & Legality, Robert Charles Levine

Nova Law Review

Throughout history, children have had a tendency to cause mischief,

damage and often injury to people and the property of others.

Confronting Child Victims Of Sex Abuse: The Unconstitutionality Of The Sexual Abuse Hearsay Exception, Katrin E. Frank

Seattle University Law Review

This Comment first analyzes Washington’s hearsay exception Act in the light of the principles that form the basis for the hearsay rule and its exceptions. It then examines the effect of the Act on the preexisting hearsay rules. Next, it compares the concept of unavailability as used in the hearsay exceptions with the concept of incompetence; both concepts are then analyzed according to the requirements of the hearsay rules and the confrontation clause. The Comment concludes that the Act is unconstitutional because it permits admission of hearsay of testimonially incompetent children.