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Full-Text Articles in Law

Adopting Civil Damages: Wrongful Family Separation In Adoption, Malinda L. Seymore Mar 2019

Adopting Civil Damages: Wrongful Family Separation In Adoption, Malinda L. Seymore

Faculty Scholarship

The Trump Administration’s new immigration policy of family separation at the U.S./Mexico border rocked the summer of 2018. Yet family separation is the prerequisite to every legal adoption. The circumstances are different, of course. In legal adoption, the biological parents are provided with all the constitutional protections required in involuntary termination of parental rights, or they have voluntarily consented to family separation. But what happens when that family separation is wrongful, when the birth mother’s consent is not voluntary, or when the birth father’s wishes to parent are ignored? In theory, the child can be returned to the birth parents …


Judicial Deference Or Bad Law? Why Massachusetts Courts Will Not Impose Municipal Liability For Failure To Enforce Restraining Orders, Carolyn Grose Jan 2005

Judicial Deference Or Bad Law? Why Massachusetts Courts Will Not Impose Municipal Liability For Failure To Enforce Restraining Orders, Carolyn Grose

Faculty Scholarship

The authors take up the challenge that was thrown down by the Ford v. Town of Grafton court. The first part of this Article examines the somewhat tortured and fascinating history of the Massachusetts Tort Claims Act. It then describes the arguments Catherine Ford made, how the court responded, and why it responded as it did. In Part II, Massachusetts' strong commitment to protecting and assisting victims of domestic violence is examined. A variety of legislative, executive and judicial initiatives that demonstrate commitment are described, but the Massachusetts General Laws Chapter 209A, the restraining order statute, is emphasized. The article …


Note, Frye V. Frye: Maryland Sacrifices The Child For The Sake Of The Family, Kathryn Webb Bradley Jan 1986

Note, Frye V. Frye: Maryland Sacrifices The Child For The Sake Of The Family, Kathryn Webb Bradley

Faculty Scholarship

No abstract provided.