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- Family integrity; due process; adoption; constitution; constitutional right; strict scrutiny; emergency removal; emergency removal exception; parenting; parental rights; child; children; children's bureau; child welfare; custody; abuse; child abuse; Child Protective Services; CPS; Administration for Children's Services; ACS; neglect; neglect of a child; Child Abuse Prevention and Treatment Act; CAPTA; Central Register of Child Abuse; Fourteenth Amendment; family law; child's best interest child custody; Tenenbaum v. Williams; Doe v. Kearney; Jane Crow; law; policy (1)
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Articles 1 - 4 of 4
Full-Text Articles in Civil Procedure
The Roberts Court, State Courts, And State Constitutions: Judicial Role Shopping, Ariel L. Bendor, Joshua Segev
The Roberts Court, State Courts, And State Constitutions: Judicial Role Shopping, Ariel L. Bendor, Joshua Segev
Journal of Law and Policy
In this Article we reveal a dual dilemma, both material and institutional, that the Supreme Court in its current composition faces when reviewing liberal state court decisions based on the state constitution. The Article further describes substantive and procedural tactics that the Court adopts to address this dilemma, and illustrates the arguments by analyzing a number of recent Supreme Court decisions. The two dilemmas, the combination of which serve as a “power multiplier,” of sorts, have arisen following the last three appointments to the Supreme Court, which resulted in a solid majority of conservative Justices nominated by Republican presidents. One …
Emergency Removals Without A Court Order: Using The Language Of Emergency To Duck Due Process, Jane Brennan
Emergency Removals Without A Court Order: Using The Language Of Emergency To Duck Due Process, Jane Brennan
Journal of Law and Policy
For a brief moment during the recent September democratic presidential debate, the ugly underbelly of the child welfare system unexpectedly took center stage. When asked about what responsibility Americans need to take to repair the legacy of slavery, the former vice president responded by propagating a myth that Black parents do not know how to parent. Former Vice President Joe Biden said “[w]e bring social workers into homes and parents to help them deal with how to raise their children. It’s not that they don’t want to help. They don’t—they don’t know quite what to do.” What exactly is it …
Splendid Isolation: Va’S Failure To Provide Due Process Protections And Access To Justice To Veterans And Their Caregivers, Yelena Duterte
Splendid Isolation: Va’S Failure To Provide Due Process Protections And Access To Justice To Veterans And Their Caregivers, Yelena Duterte
Journal of Law and Policy
Imagine you are a spouse and caregiver of a severely injured post-9/11 veteran. Your spouse served in the Marine Corps, with several deployments to Iraq. During their last deployment, your spouse sustained a severe traumatic brain injury and suffers from post-traumatic stress disorder. Due to these injuries, they need consistent care throughout the day. Thankfully, upon their return, the VA provided a caregiver program that allowed you to step away from your job and focus on caring for your spouse full time. As part of this program, you received a caregiver stipend of $2,400 per month, healthcare, and support from …
On Privacy: Constitutional Protection For Personal Liberty, Susan Herman, L. Simonson
On Privacy: Constitutional Protection For Personal Liberty, Susan Herman, L. Simonson
Faculty Scholarship
No abstract provided.