Open Access. Powered by Scholars. Published by Universities.®
Articles 1 - 2 of 2
Full-Text Articles in Law
Babies Behind Bars: Should Incarcerated Mothers Be Allowed To Keep Their Newborns With Them In Prison?, Donna L. Brodie
Babies Behind Bars: Should Incarcerated Mothers Be Allowed To Keep Their Newborns With Them In Prison?, Donna L. Brodie
University of Richmond Law Review
Society's traditional approach to women offenders has been focused on "women as prisoners and not.., prisoners as women." Harsh implications for female offenders who are mothers can result from the view that incarceration not only curtails the prisoner's freedom of movement but also terminates many of the individual's civil rights as well. In reality, these women are doubly penalized with a prison sentence as well as temporary or permanent loss of their parental rights. Modern courts are beginning to recognize that "[a] prisoner retains all of the rights of an ordinary citizen except those expressly, or by necessary implication, taken …
Doe V. Doe: Destroying The Presumption That Homosexual Parents Are Unfit- The New Burden Of Proof, Gary L. Caldwell
Doe V. Doe: Destroying The Presumption That Homosexual Parents Are Unfit- The New Burden Of Proof, Gary L. Caldwell
University of Richmond Law Review
In a recent decision concerning adoption, the Virginia Supreme Court declined "to hold that every lesbian mother or homosexual father is per se an unfit parent." This finding was apparently at odds with Virginia statutes outlawing marriages between members of the same sex and making it a criminal offense to engage in a homosexual relationship. In rejecting the trial court's use of a conclusive legal presumption that homosexuality is tantamount to a parent's unfitness, the justices closely examined the effects of the appellant's lesbianism upon her son to "determine whether the consequences of harm to the child of allowing the …