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Articles 1 - 18 of 18
Full-Text Articles in Family Law
Don't Mess With Texans' Rights: Protecting Transgender Youth From The Paternalistic Policies Of State Executives, Mary Franklin
Don't Mess With Texans' Rights: Protecting Transgender Youth From The Paternalistic Policies Of State Executives, Mary Franklin
Indiana Journal of Law and Social Equality
Texas Attorney General Ken Paxton issued an opinion in 2022 detailing how gender-affirming care for transgender minors constituted child abuse under the Texas Family Code. As a result of this opinion, multiple families of trans teens engaging in various forms of gender-affirming care were investigated by the Texas Department of Family and Protective Services. This Article applies the constitutional standards imposed by the equal protection clause, substantive due process, and parental authority to Paxton’s recommendation, using both the U.S. and Texas Constitutions. Ultimately, this Article concludes that Paxton’s opinion fails to meet these constitutional standards and recommends action from the …
Rojas Reflects On Law School During A Pandemic, James Owsley Boyd
Rojas Reflects On Law School During A Pandemic, James Owsley Boyd
Keep Up With the Latest News from the Law School (blog)
During her sophomore year of college, Alexa Rojas was an intake intern with a children’s advocacy center outside of Joliet, Illinois. It sparked the realization that she knew she wanted to make a difference in the lives of kids who have endured abuse and trauma. In her position, Rojas served as the first point of contact for families scheduling forensic interviews with law enforcement and prosecutors. In order to lessen the impact on the victim, substantial logistical work went on behind the scenes to ensure that the child only had to tell their story once—to someone they trusted.
The Uses And Abuses Of Religion In Child Custody Cases: Parents Outside The Wall Of Separation, Joshua S. Press
The Uses And Abuses Of Religion In Child Custody Cases: Parents Outside The Wall Of Separation, Joshua S. Press
Indiana Law Journal
Religious custody disputes such as those at the Fundamentalist Church of Jesus Christ of Latter-Day Saints compound in April, 2008 are very complex and are finding their way into courts with increasing regularity. This Essay argues that in responding to these religious custody disputes, courts should abstain from either analyzing a parent’s religious practices for their perceived “risks of harm” to the child, or from applying a flat rule to ensure that the custodial parent’s religious preferences take primacy. Instead, courts should employ the actual or substantial harm standard—which would only bar a parent from fully practicing her religion if …
What About The Children? A Call For Regulation Of Assisted Reproductive Technology, Cahterine A. Clements
What About The Children? A Call For Regulation Of Assisted Reproductive Technology, Cahterine A. Clements
Indiana Law Journal
No abstract provided.
Child Support And (In)Ability To Pay: The Case For The Cost Shares Model, Pamela Foohey
Child Support And (In)Ability To Pay: The Case For The Cost Shares Model, Pamela Foohey
Articles by Maurer Faculty
Currently enacted child support guidelines primarily focus on maintaining children's economic well-being when a single household is split into two. This article argues that this focus discounts another consideration which, when combined with the current analysis, could further advance children's well-being: the ability of parents to pay. An analysis of payment characteristics demonstrates that lower child support obligations may increase the amount of child support paid on average. Lowering presumptive obligations will make lower-income parents better able and more likely to pay their obligations, thereby increasing the amount of child support paid to lower-income children, while at most only marginally …
Children As Witnesses: A Symposium On Child Competence And The Accused's Right To Confront Child Witnesses, Aviva A. Orenstein
Children As Witnesses: A Symposium On Child Competence And The Accused's Right To Confront Child Witnesses, Aviva A. Orenstein
Indiana Law Journal
The papers in this symposium were originally prepared for the Section on Evidence of the 2007 Annual Meeting of the Association of American Law Schools.
The Ethics Of Child Custody Evaluation: Advocacy, Respect For Parents, And The Right To An Open Future, Aviva A. Orenstein
The Ethics Of Child Custody Evaluation: Advocacy, Respect For Parents, And The Right To An Open Future, Aviva A. Orenstein
Articles by Maurer Faculty
No abstract provided.
Preserving The Purchasing Power Of Child Support Awards: Can The Use Of Escalator Clauses Be Justified After The Family Support Act?, Sarah K. Funke
Preserving The Purchasing Power Of Child Support Awards: Can The Use Of Escalator Clauses Be Justified After The Family Support Act?, Sarah K. Funke
Indiana Law Journal
No abstract provided.
Visitation Beyond The Traditional Limitations, Michael J. Lewinsky
Visitation Beyond The Traditional Limitations, Michael J. Lewinsky
Indiana Law Journal
No abstract provided.
Parental Consent Abortion Statutes: The Limits Of State Power, Barbara Freedman Wand
Parental Consent Abortion Statutes: The Limits Of State Power, Barbara Freedman Wand
Indiana Law Journal
No abstract provided.
Child Neglect Proceedings-A New Focus, Ellen K. Thomas
Child Neglect Proceedings-A New Focus, Ellen K. Thomas
Indiana Law Journal
No abstract provided.
Dependency And Neglect: Indiana's Definitional Confusion, Dirk William De Roos
Dependency And Neglect: Indiana's Definitional Confusion, Dirk William De Roos
Indiana Law Journal
No abstract provided.
A Proposal For A Modified Standard Of Care For The Infant Engaged In An Adult Activity
A Proposal For A Modified Standard Of Care For The Infant Engaged In An Adult Activity
Indiana Law Journal
No abstract provided.
Foreword: Student Symposium On The Child And The Law, Dan Hopson Jr.
Foreword: Student Symposium On The Child And The Law, Dan Hopson Jr.
Articles by Maurer Faculty
No abstract provided.
Illegitimate Children And Conflict Of Laws, John W. Ester
Illegitimate Children And Conflict Of Laws, John W. Ester
Indiana Law Journal
No abstract provided.
Contributory Negligence Of Children In Indiana: Capacity And Standard Of Care
Contributory Negligence Of Children In Indiana: Capacity And Standard Of Care
Indiana Law Journal
No abstract provided.
Book Review. Taylor, H. B., The Law Of Guardian And Ward, Ralph F. Fuchs
Book Review. Taylor, H. B., The Law Of Guardian And Ward, Ralph F. Fuchs
Articles by Maurer Faculty
No abstract provided.
Presumptions Existing In Favor Of The Infant In Re: The Question Of An Infant's Ability To Be Guilty Of Contributory Negligence, Louis H. Wilderman
Presumptions Existing In Favor Of The Infant In Re: The Question Of An Infant's Ability To Be Guilty Of Contributory Negligence, Louis H. Wilderman
Indiana Law Journal
No abstract provided.