Open Access. Powered by Scholars. Published by Universities.®
- Institution
-
- Selected Works (12)
- The University of Akron (7)
- Columbia Law School (3)
- Fordham Law School (3)
- University of Baltimore Law (2)
-
- University of Nevada, Las Vegas -- William S. Boyd School of Law (2)
- University of Pennsylvania Carey Law School (2)
- University of Richmond (2)
- University of the District of Columbia School of Law (2)
- West Virginia University (2)
- Georgia Southern University (1)
- Georgia State University College of Law (1)
- Loyola Marymount University and Loyola Law School (1)
- Loyola University Chicago, School of Law (1)
- SelectedWorks (1)
- St. John's University School of Law (1)
- The Catholic University of America, Columbus School of Law (1)
- University at Albany, State University of New York (1)
- University of Miami Law School (1)
- University of Michigan Law School (1)
- University of Missouri-Kansas City School of Law (1)
- Keyword
-
- Children (6)
- Family law (5)
- Juveniles (5)
- Child abuse (4)
- Custody (3)
-
- Divorce (3)
- Domestic relations (3)
- Parents (3)
- Privacy (3)
- Child custody (2)
- Child welfare (2)
- Child welfare law (2)
- Constitutional law (2)
- Courts (2)
- Domestic Relations (2)
- Equal Protection; Discrimination; Same-Sex Marriage; Children's Rights; Civil Rights (2)
- Foster care (2)
- Fourteenth Amendment (2)
- Juvenile (2)
- Lawyers (2)
- Legislation (2)
- Mediation (2)
- Paternity (2)
- Torts (2)
- 14th Amendment (1)
- Actors (1)
- Adoption (1)
- Adoption and Safe Families Act (ASFA) (1)
- Adoption laws (1)
- Adult child sexual abuse victimes (1)
- Publication
-
- Akron Law Review (7)
- Faculty Scholarship (6)
- All Faculty Scholarship (4)
- Tanya Monique Washington (3)
- Donald L. Beschle (2)
-
- West Virginia Law Review (2)
- Brendan M. Conner (1)
- Bruce L. Beverly (1)
- Catholic University Law Review (1)
- Children's Legal Rights Journal (1)
- Faculty Publications (1)
- Faculty Publications By Year (1)
- Faculty Works (1)
- Journal Articles (1)
- Julie A. Nice (1)
- Loyola of Los Angeles Law Review (1)
- Marc D. Ginsberg (1)
- National Youth Advocacy and Resilience Conference (1)
- Nevada Supreme Court Summaries (1)
- Other Publications (1)
- Psychology Faculty Scholarship (1)
- Richmond Journal of Law and the Public Interest (1)
- Richmond Public Interest Law Review (1)
- Scholarly Works (1)
- Shauna Carmichael (1)
- Susan L. Brody (1)
- Thomas D. Lyon (1)
- Trevor J Calligan (1)
- University of Miami International and Comparative Law Review (1)
- University of the District of Columbia Law Review (1)
- Publication Type
- File Type
Articles 1 - 30 of 48
Full-Text Articles in Family Law
Amicus Brief In "Obergefell V. Hodges", Tanya M. Washington, Catherine Smith, Lauren Fontana, Susannah Pollvogt
Amicus Brief In "Obergefell V. Hodges", Tanya M. Washington, Catherine Smith, Lauren Fontana, Susannah Pollvogt
Tanya Monique Washington
Supreme Court precedent establishes that the government may not punish children for matters beyond their control. Same-sex marriage bans and non-recognition laws (“marriage bans”) do precisely this. The states argue that marriage is good for children, yet marriage bans categorically exclude an entire class of children – children of same-sex couples – from the legal, economic and social benefits of marriage.
This amicus brief recounts a powerful body of equal protection jurisprudence that prohibits punishing children to reflect moral disapproval of parental conduct or to incentivize adult behavior. We then explain that marriage bans punish children of same-sex couples because …
The Productivity Of Wh- Prompts In Child Forensic Interviews, Elizabeth C, Ahern, Samantha J. Andrews, Stacia N. Stolzenberg, Thomas D. Lyon
The Productivity Of Wh- Prompts In Child Forensic Interviews, Elizabeth C, Ahern, Samantha J. Andrews, Stacia N. Stolzenberg, Thomas D. Lyon
Thomas D. Lyon
Child witnesses are often asked wh- prompts (what, how, why, who, when, where) in forensic interviews. However, little research has examined the ways in which children respond to different wh- prompts and no previous research has investigated productivity differences among wh- prompts in investigative interviews. This study examined the use and productivity of wh- prompts in 95 transcripts of 4- to 13-year-olds alleging sexual abuse in child investigative interviews. What-how questions about actions elicited the most productive responses during both the rapport building and substantive phases. Future research and practitioner training should consider distinguishing among different wh- prompts.
Locked In: Interactions With The Criminal Justice And Child Welfare Systems For Lgbtq Youth, Ymsm, And Ywsw Who Engage In Survival Sex, Brendan M. Conner Esq.
Locked In: Interactions With The Criminal Justice And Child Welfare Systems For Lgbtq Youth, Ymsm, And Ywsw Who Engage In Survival Sex, Brendan M. Conner Esq.
Brendan M. Conner
In Re Guardianship Of N.M., 131 Nev. Adv. Op. 75 (September 24, 2015), Daniel Ormsby
In Re Guardianship Of N.M., 131 Nev. Adv. Op. 75 (September 24, 2015), Daniel Ormsby
Nevada Supreme Court Summaries
The Court heard an appeal from a parent-appellant challenging a district court’s exercise of temporary emergency jurisdiction to appoint a temporary, non-parent, guardian and general, non-parent, guardian. Affirmed.
Children's Rights In The Midst Of Marriage Equality: Amicus Brief In Obergefell V. Hodges By Scholars Of The Constitutional Rights Of Children, Tanya Washington, Susannah Pollvogt, Catherine Smith, Lauren Fontana
Children's Rights In The Midst Of Marriage Equality: Amicus Brief In Obergefell V. Hodges By Scholars Of The Constitutional Rights Of Children, Tanya Washington, Susannah Pollvogt, Catherine Smith, Lauren Fontana
Tanya Monique Washington
No abstract provided.
Brief Of Amici Curiae Scholars Of The Constitutional Rights Of Children In Support Of Petitioners, Tanya Washington, Susannah Pollvogt, Catherine Smith, Lauren Fontana
Brief Of Amici Curiae Scholars Of The Constitutional Rights Of Children In Support Of Petitioners, Tanya Washington, Susannah Pollvogt, Catherine Smith, Lauren Fontana
Tanya Monique Washington
No abstract provided.
Child Custody Contests - Rights Of The Father; Mcdanial V. Mcdanial, Howard Walton
Child Custody Contests - Rights Of The Father; Mcdanial V. Mcdanial, Howard Walton
Akron Law Review
In an Ohio divorce action when there is a contest for the custody of a minor child, the proper standard to be employed by the court is: what arrangement will be in the best interest of the child?' In an action for modification of a custody award the same standard is applicable. A statute provides that one parent is not preferred over the other; however, all other considerations being equal, custody will normally be given to the mother, provided that she is fit.
The "Compulsory School Attendance" Case: Wisconsin V. Yoder, Michael Buchicchio
The "Compulsory School Attendance" Case: Wisconsin V. Yoder, Michael Buchicchio
Akron Law Review
It is an important constitutional doctrine that a law generally constitutional "on its face," may be unconstitutional "as applied" in specific instances. The Amish case marks the first occasion that the Court has clearly articulated that exception in favor of a minority religious group. It would appear that compulsory education laws are-"on their face"--within a state's constitutional powers, but under the facts of this case, the First Amendment requires that the Amish be exempt.
The High Price Of Poverty: A Study Of How The Majority Of Current Court System Procedures For Collecting Court Costs And Fees, As Well As Fines, Have Failed To Adhere To Established Precedent And The Constitutional Guarantees They Advocate., Trevor J. Calligan
Trevor J Calligan
No abstract provided.
Twilight: The Unveiling Of Victims, Stalking, And Domestic Violence, 21 Cardozo J. L. & Gender 39 (2014), Susan L. Brody
Twilight: The Unveiling Of Victims, Stalking, And Domestic Violence, 21 Cardozo J. L. & Gender 39 (2014), Susan L. Brody
Susan L. Brody
No abstract provided.
State V. Nemeth: Equal Protection For The Battered Child, Joseph A. Shoaff
State V. Nemeth: Equal Protection For The Battered Child, Joseph A. Shoaff
Akron Law Review
This Note analyzes the Court's decision in Nemeth. Part II presents a background of the battered child syndrome followed by a discussion of the admissibility of battered woman and battered child syndrome testimony in Ohio. In addition, it contains a brief overview of Ohio's ambiguous self-defense standard. Part III presents the facts, procedural history, and holding of Nemeth. Part IV analyzes the Court's holding.
This Note establishes why the Ohio Supreme Court should recognize the psychological equivalency of the battered woman and battered child syndromes and affirm the Nemeth holding on equal protection grounds. In doing so, the Court will …
C.R.B. V. C.C And B.C.: Protecting Children's Need For Stability In Custody Modification Disputes Between Biological Parents And Third Parties, Laura Beresh Taylor
C.R.B. V. C.C And B.C.: Protecting Children's Need For Stability In Custody Modification Disputes Between Biological Parents And Third Parties, Laura Beresh Taylor
Akron Law Review
This Note examines the collision of the “foundational policies” recognized by the Alaska Supreme Court. Part II provides an overview of the parental preference doctrine and custody modification standards. Part III presents the facts, procedural history, and the Alaska Supreme Court’s holding in C.R.B. Finally, Part IV analyzes the Alaska Supreme Court’s decision and its consequences. The Alaska Supreme Court properly rejected the use of a parental preference in custody modification disputes, and its holding produced a desirable outcome. However, this Note establishes why the court should adopt a more stringent modification standard to safeguard children’s need for stability in …
Chenault V. Huie: Denying The Existence Of A Legal Duty Between A Mother And Her Unborn Child, Edward Sylvester
Chenault V. Huie: Denying The Existence Of A Legal Duty Between A Mother And Her Unborn Child, Edward Sylvester
Akron Law Review
When an unborn child is injured by its mother, and subsequently born alive, who should be protected? The Court of Appeals of Texas, in Chenault v. Huie, feared the slippery slope, and gave deference to the mother when it denied the existence of a legal duty between mother and fetus. Few cases have directly addressed a child’s tort action against her mother for prenatal substance abuse that resulted in injuries sustained while en ventre sa mere.
This Note discusses the general background of a child’s right to sue for fetal injury and the liability of the individuals that cause the …
The Science And Statistics Behind Spanking Suggest That Laws Allowing Corporal Punishment Are In The Best Interests Of The Child, Jason M. Fuller
The Science And Statistics Behind Spanking Suggest That Laws Allowing Corporal Punishment Are In The Best Interests Of The Child, Jason M. Fuller
Akron Law Review
Were such a killing to occur in the U.S., the popular reaction would have been, “How can we prevent this from happening again?” In Sweden, however, youth violence and aggression has gotten so out-of control that the reaction was, “Shoot another [one].” Sadly, many policymakers fail to realize how Swedish laws have contributed to growing youth violence, and consequently, to public resentment of Swedish youths.
In 1979, Sweden started an international trend by becoming the first country to ban spanking. Since then, twenty-three more countries have outlawed it. The European Committee of Social Rights currently is urging all forty-five of …
Jon & Kate Plus The State: Why Congress Should Protect Children In Reality Programming, Dayna B. Royal
Jon & Kate Plus The State: Why Congress Should Protect Children In Reality Programming, Dayna B. Royal
Akron Law Review
One is forced to wonder whether any laws exist to protect minors whose personal lives are laid bare as their own parents thrust them into the paparazzi’s spotlight. This article addresses this question, considering the best legal regime for regulating employment of children in reality programming, and suggesting an alternative to the status quo. To that end, Part II begins by identifying the various harms reality programming causes, arguing that participating in reality programming is detrimental both to the individual children who participate and to society in general. Part III surveys the current legal landscape, addressing first the federal law …
Stop Making Court A First Stop For Many Low Income Parents, Jane C. Murphy
Stop Making Court A First Stop For Many Low Income Parents, Jane C. Murphy
All Faculty Scholarship
In the wake of the unrest over police misconduct in cities across the country, calls for reform have focused on the criminal justice system — making police, prosecutors, and criminal courts more accountable and just. While much work needs to be done in that arena, too little attention has focused on the ways in which low income families are hurt in civil courts. Many more men, women and children from low income communities of color pass through the doors of our family courts every day than those who interact with the criminal justice system. Some come to court as a …
God Bless The Child?: The Use Of Religion As A Factor In Child Custody And Adoption Proceedings, 58 Fordham L. Rev. 383 (1989), Donald L. Beschle
God Bless The Child?: The Use Of Religion As A Factor In Child Custody And Adoption Proceedings, 58 Fordham L. Rev. 383 (1989), Donald L. Beschle
Donald L. Beschle
No abstract provided.
Cognitive Dissonance Revisited: Roper V. Simmons And The Issue Of Adolescent Decision-Making Competence, 52 Wayne L. Rev. 1 (2006), Donald L. Beschle
Cognitive Dissonance Revisited: Roper V. Simmons And The Issue Of Adolescent Decision-Making Competence, 52 Wayne L. Rev. 1 (2006), Donald L. Beschle
Donald L. Beschle
No abstract provided.
How Much Anguish Is Enough - Baby Switching And Negligent Infliction Of Emotional Distress, 13 Depaul J. Health Care L. 255 (2010), Marc Ginsberg
How Much Anguish Is Enough - Baby Switching And Negligent Infliction Of Emotional Distress, 13 Depaul J. Health Care L. 255 (2010), Marc Ginsberg
Marc D. Ginsberg
No abstract provided.
The Use Of Coercion In The Child Maltreatment Investigation Field: A Comparison Of American And Scottish Perspectives, Daniel Pollack, Kirsteen Mackay, Katie Shipp
The Use Of Coercion In The Child Maltreatment Investigation Field: A Comparison Of American And Scottish Perspectives, Daniel Pollack, Kirsteen Mackay, Katie Shipp
University of Miami International and Comparative Law Review
No abstract provided.
Seen But Not Recognized: Black Caregivers, Childhood Cruelties, And Social Dislocations In An Increasingly Colored America, Reginald Leamon Robinson
Seen But Not Recognized: Black Caregivers, Childhood Cruelties, And Social Dislocations In An Increasingly Colored America, Reginald Leamon Robinson
West Virginia Law Review
No abstract provided.
The Civil Rights Of Sexually Exploited Youth In Foster Care, Dale Margolin Cecka
The Civil Rights Of Sexually Exploited Youth In Foster Care, Dale Margolin Cecka
West Virginia Law Review
No abstract provided.
Reporting Homeless Parents For Child Neglect: A Case Study From Our Nation's Capital, Marta Beresin
Reporting Homeless Parents For Child Neglect: A Case Study From Our Nation's Capital, Marta Beresin
University of the District of Columbia Law Review
In September 2012, Mary Brown called the Washington Legal Clinic for the Homeless (the Legal Clinic); she was being threatenedwith the loss of her children, then eight- and nine-years-old, for the sole reason that she was homeless. Before she sought legal advice, Mary had requested shelter for her family but had been denied. The irony of Mary's case is that the D.C. government agreed she was homeless and agreed that she needed to shelter her two daughters for their safety, but instead of sheltering her, the D.C. government reported her to child protective services. Mary and her daughters were turned …
Avoiding Juvenile Actions For Youth At Risk, Wanda L. Ward J. D.
Avoiding Juvenile Actions For Youth At Risk, Wanda L. Ward J. D.
National Youth Advocacy and Resilience Conference
Targeted Audience: Classroom Teachers, School Administrators, Counselors, Social Workers, Behavior Specialists, & Juvenile Probation Officers (JPO)
Brief Description: In this session participants will learn strategies that build trust and mutual respect necessary to establish and maintain positive school and community participation for students who may be at risk of dropping out of school and being caught up in the juvenile court system. Participants will learn techniques that can be used immediately for improving student’s attitudes and behavior.
Amicus Brief In "Obergefell V. Hodges", Tanya M. Washington, Catherine Smith, Lauren Fontana, Susannah Pollvogt
Amicus Brief In "Obergefell V. Hodges", Tanya M. Washington, Catherine Smith, Lauren Fontana, Susannah Pollvogt
Faculty Publications By Year
Supreme Court precedent establishes that the government may not punish children for matters beyond their control. Same-sex marriage bans and non-recognition laws (“marriage bans”) do precisely this. The states argue that marriage is good for children, yet marriage bans categorically exclude an entire class of children – children of same-sex couples – from the legal, economic and social benefits of marriage.
This amicus brief recounts a powerful body of equal protection jurisprudence that prohibits punishing children to reflect moral disapproval of parental conduct or to incentivize adult behavior. We then explain that marriage bans punish children of same-sex couples because …
Trends In The Efficacy Of Parental Alienation Allegations In Child Custody Cases And Their Implications For Tortious Action, Bruce L. Beverly
Trends In The Efficacy Of Parental Alienation Allegations In Child Custody Cases And Their Implications For Tortious Action, Bruce L. Beverly
Bruce L. Beverly
As the second of a series, this paper attempts to further explore the phenomenon of parental alienation in domestic relations cases by exploring the often frustrating position that many courts take with regard to blatant and obvious violations of the fundamental rights of parents to raise and know their children. Ofttimes, where courts have found the most blatant interference and harmful manipulation by one parent of the other parent's formerly close relationship with a child, the court either forces a detrimentally aligned child into the custody of the wrongfully vilified parent, thereby harming possible the child and that injured parent, …
Abolish Anonymous Reporting To Child Abuse Hotlines, Dale Margolin Cecka
Abolish Anonymous Reporting To Child Abuse Hotlines, Dale Margolin Cecka
Catholic University Law Review
All states allow the public to anonymously report suspicions of child abuse or neglect to a toll free central phone number. An extensive examination of the policy and practices behind anonymous reporting hotlines indicates that they are widely unregulated and susceptible to abuse. The possible repercussions of an anonymous phone call create costs to the family and society which do not outweigh the potential benefit of allowing anonymous public reports. Under the guise of protecting children, the law has developed in such a way that it infringes on the fundamental rights of parents and children. At the same time, anonymous …
(Re-)Grasping The Opportunity Interest: Lehr V. Robertson And The Terminated Parent, Lashanda Taylor Adams
(Re-)Grasping The Opportunity Interest: Lehr V. Robertson And The Terminated Parent, Lashanda Taylor Adams
Journal Articles
In 1997, an Ohio court terminated Peggy Fugate’s parental rights to her sixyear-old daughter, Selina. At the time, Ms. Fugate, an incarcerated drug abuser, did not fight the order, believing her daughter would be adopted into a clean, stable home.1 However, Selina was never adopted. For the next seven years, Selina had trouble with the police and ran away from her foster home numerous times. While Selina’s life was going downhill in many respects, her mother was rehabilitating. She entered recovery, married, obtained full-time employment and was living in stable housing with enough room for her daughter. Recognizing the strides …
The Icwa’S Pre-Existing Custody Requirement: A Flexible Approach To Better Protect The Interests Of Indian Fathers, Children, And Tribes, Jeffrey A. Parness, Amanda Beveroth
The Icwa’S Pre-Existing Custody Requirement: A Flexible Approach To Better Protect The Interests Of Indian Fathers, Children, And Tribes, Jeffrey A. Parness, Amanda Beveroth
Children's Legal Rights Journal
No abstract provided.
Recent Children's Policy And Legislative Developments In Virginia: A Brief History, A Bright Future, The Honorable Christopher K. Peace, Amy L. Woolard
Recent Children's Policy And Legislative Developments In Virginia: A Brief History, A Bright Future, The Honorable Christopher K. Peace, Amy L. Woolard
Richmond Journal of Law and the Public Interest
In this piece, we will outline the structural and policy developments implemented in Virginia in recent years that set the stage for a sea change in children’s services in Virginia.