Open Access. Powered by Scholars. Published by Universities.®

Family Law Commons

Open Access. Powered by Scholars. Published by Universities.®

Public policy

Discipline
Institution
Publication Year
Publication
Publication Type

Articles 1 - 30 of 30

Full-Text Articles in Family Law

Disposition Of Frozen Preembryos In The Case Of Divorce: New York Should Implement A Modified Mutual Contemporaneous Consent Approach, Kasey Bray Jan 2021

Disposition Of Frozen Preembryos In The Case Of Divorce: New York Should Implement A Modified Mutual Contemporaneous Consent Approach, Kasey Bray

Touro Law Review

No abstract provided.


Conceptualizing Legal Childhood In The Twenty-First Century, Clare Huntington, Elizabeth S. Scott May 2020

Conceptualizing Legal Childhood In The Twenty-First Century, Clare Huntington, Elizabeth S. Scott

Michigan Law Review

The law governing children is complex, sometimes appearing almost incoherent. The relatively simple framework established in the Progressive Era, in which parents had primary authority over children, subject to limited state oversight, has broken down over the past few decades. Lawmakers started granting children some adult rights and privileges, raising questions about their traditional status as vulnerable, dependent, and legally incompetent beings. As children emerged as legal persons, children’s rights advocates challenged the rationale for parental authority, contending that robust parental rights often harm children. And a wave of punitive reforms in response to juvenile crime in the 1990s undermined …


Measuring The Effects Of Feminist Legal Research: Looking Critically At "Failure" And "Success", Lisa Philipps Oct 2015

Measuring The Effects Of Feminist Legal Research: Looking Critically At "Failure" And "Success", Lisa Philipps

Lisa Philipps

No abstract provided.


Choices And Commitments For Women: Challenging The Supreme Court Of Canada In The Context Of Social Assitance, Mary Jane Mossman Oct 2015

Choices And Commitments For Women: Challenging The Supreme Court Of Canada In The Context Of Social Assitance, Mary Jane Mossman

Mary Jane Mossman

No abstract provided.


Psychological Mechanisms Underlying Support For Juvenile Sex Offender Registry Laws: Prototypes, Moral Outrage, And Perceived Threat, Margaret C. Stevenson, Cynthia J. Najdowski, Jessica M. Salerno, Tisha R.A. Wiley, Bette L. Bottoms, Katlyn S. Farum Nov 2014

Psychological Mechanisms Underlying Support For Juvenile Sex Offender Registry Laws: Prototypes, Moral Outrage, And Perceived Threat, Margaret C. Stevenson, Cynthia J. Najdowski, Jessica M. Salerno, Tisha R.A. Wiley, Bette L. Bottoms, Katlyn S. Farum

Psychology Faculty Scholarship

We investigated whether and how a juvenile’s history of experiencing sexual abuse affects public perceptions of juvenile sex offenders in a series of 5 studies. When asked about juvenile sex offenders in an abstract manner (Studies 1 and 2), the more participants (community members and undergraduates) believed that a history of being sexually abused as a child causes later sexually abusive behavior, the less likely they were to support sex offender registration for juveniles. Yet when participants considered specific sexual offenses, a juvenile’s history of sexual abuse was not considered to be a mitigating factor. This was true when participants …


Comity Of Errors: Foreign Same-Sex Marriages In New York, Gennaro Savastano May 2014

Comity Of Errors: Foreign Same-Sex Marriages In New York, Gennaro Savastano

Touro Law Review

No abstract provided.


Essay: (Re)Constructing The Framework Of Work/Family, Nancy E. Dowd Mar 2010

Essay: (Re)Constructing The Framework Of Work/Family, Nancy E. Dowd

Washington and Lee Journal of Civil Rights and Social Justice

No abstract provided.


Class Differences In Women’S Family And Work Behaviors, Sharon Sassler, Amanda J. Miller Mar 2010

Class Differences In Women’S Family And Work Behaviors, Sharon Sassler, Amanda J. Miller

Washington and Lee Journal of Civil Rights and Social Justice

No abstract provided.


Thou Good And Faithful Servant, Carl E. Schneider Jan 2009

Thou Good And Faithful Servant, Carl E. Schneider

Articles

Lawmakers are stewards of social resources. A current debate-over screening newborns for genetic disorders-illuminates dilemmas of that stewardship that have particularly plagued bioethics. Recently in the Report, Mary Ann Baily and Thomas Murray told the story of little Ben Haygood. He died from MCADD, a genetic disorder that can make long fasting fatal. Screening at birth would have let doctors alert Ben's parents. "After Ben died," Baily and Murray wrote, "his father became a passionate advocate for expanding Mississippi's newborn screening program to add MCADD and other disorders." Soon, the Ben Haygood Comprehensive Newborn Screening Act increased the number …


Ali Child Support Principles: A Lesson In Public Policy And Truth-Telling, Karen Czapanskiy Oct 2008

Ali Child Support Principles: A Lesson In Public Policy And Truth-Telling, Karen Czapanskiy

Karen Czapanskiy

No abstract provided.


Are You Still My Mother, Interstate Recognition Of Adoption By Gays And Lesbians , Rhonda Wasserman Oct 2008

Are You Still My Mother, Interstate Recognition Of Adoption By Gays And Lesbians , Rhonda Wasserman

American University Law Review

Parents and their biological children routinely cross state borders safe in the assumption that the parent-child relationship will be recognized wherever they go. The central issue raised in this Article is whether the law guarantees parents and their adopted children the same security if the parents are gay. This question is part of a broader debate about the obligation of states to recognize changes in family status effected under the laws of other states, such as same-sex marriages and migratory divorces. The debate is divisive because it pits the family against the state; one state against another; and the needs …


The Rights Of Putative Fathers To Their Infant Children In Contested Adoptions: Strengthening State Laws That Currently Deny Adequate Protection, Robbin Pott Gonzalez Jan 2006

The Rights Of Putative Fathers To Their Infant Children In Contested Adoptions: Strengthening State Laws That Currently Deny Adequate Protection, Robbin Pott Gonzalez

Michigan Journal of Gender & Law

This paper argues that states need to strengthen protection of putative fathers' rights to their infant children when the mother wishes for the child to be adopted. Part I frames the discussion around established parental rights through constitutional case law. To do this, the paper addresses both the Supreme Court's parental rights doctrine and its biology-plus doctrine, which requires unwed fathers to show that in addition to being the biological father they also have taken responsibility for their children. Part II describes common state statutes that affect putative fathers, including putative father registries, safe haven laws, and laws granting custody …


Measuring The Effects Of Feminist Legal Research: Looking Critically At "Failure" And "Success", Lisa Philipps Oct 2004

Measuring The Effects Of Feminist Legal Research: Looking Critically At "Failure" And "Success", Lisa Philipps

Osgoode Hall Law Journal

No abstract provided.


Choices And Commitments For Women: Challenging The Supreme Court Of Canada In The Context Of Social Assitance, Mary Jane Mossman Oct 2004

Choices And Commitments For Women: Challenging The Supreme Court Of Canada In The Context Of Social Assitance, Mary Jane Mossman

Osgoode Hall Law Journal

No abstract provided.


Ali Child Support Principles: A Lesson In Public Policy And Truth-Telling, Karen Czapanskiy Jan 2001

Ali Child Support Principles: A Lesson In Public Policy And Truth-Telling, Karen Czapanskiy

Faculty Scholarship

No abstract provided.


Care As A Public Value: Linking Responsibility, Resources, And Republicanism, Linda C. Mcclain Jan 2001

Care As A Public Value: Linking Responsibility, Resources, And Republicanism, Linda C. Mcclain

Faculty Scholarship

I begin this Article with the preceding two statements concerning care for children because they focus on the relationship between resources and responsibility and capture two conflicting approaches to that relationship. The first statement resists a definition of "responsibility" that leaves out the work of social reproduction, that is, of caring for children and preparing them to take their place as responsible, self-governing members of society. Highlighting the lack of resources that poor parents face when tackling the work of social reproduction, the statement also suggests common ground among parents across class lines as to the importance of caring for …


Before It's Too Late: Neuropsychological Consequences Of Child Neglect And Their Implications For Law And Social Policy, Janet Weinstein, Ricardo Weinstein Jun 2000

Before It's Too Late: Neuropsychological Consequences Of Child Neglect And Their Implications For Law And Social Policy, Janet Weinstein, Ricardo Weinstein

University of Michigan Journal of Law Reform

Recent developments in the neurosciences have led to dramatic breakthroughs in the area of brain development and the understanding of consequences of neglect. Because this process was heretofore not understood, legislators have been wary of drafting child protection statutes that afforded the possibility for arbitrary interference with families. Strict statutory standards have been adopted that allow coercive intervention only in cases where the child is at substantial risk of imminent physical harm, or after some of the most severe consequences of neglect have been identified. These laws do not consider developmental harm because it does not present an imminent danger …


Cracking The Foundational Myths: Independence, Autonomy, And Self-Sufficiency, Martha Albertson Fineman Jan 2000

Cracking The Foundational Myths: Independence, Autonomy, And Self-Sufficiency, Martha Albertson Fineman

American University Journal of Gender, Social Policy & the Law

No abstract provided.


Cracking The Foundational Myths: Independence, Autonomy, And Self-Sufficiency, Martha Albertson Fineman Jan 2000

Cracking The Foundational Myths: Independence, Autonomy, And Self-Sufficiency, Martha Albertson Fineman

American University Journal of Gender, Social Policy & the Law

No abstract provided.


Assesing The Family And Medical Leave Act In Terms Of Gender Equality, Work/Family Balance, And The Needs Of Children, Angie K. Young Jan 1998

Assesing The Family And Medical Leave Act In Terms Of Gender Equality, Work/Family Balance, And The Needs Of Children, Angie K. Young

Michigan Journal of Gender & Law

While recognizing that parental leave is only one aspect of the FMLA, this Article concentrates on the provision allowing leave to parents in order to care for their children. Before analyzing the FMLA in detail, it is helpful to explore what aims a parental-leave policy should have. The purpose of this Article is to propose and defend three goals that parental-leave legislation should strive to meet: equality of career opportunities for men and women, the right to participate in both work and family, and meeting the needs of children. After articulating what parental-leave legislation should aim for in theory, this …


We Know Better Than We Do: A Policy Framework For Child Welfare Reform, Donald N. Duquette, Sandra K. Danzinger, Joan M. Abbey, Kristin S. Seefeldt Oct 1997

We Know Better Than We Do: A Policy Framework For Child Welfare Reform, Donald N. Duquette, Sandra K. Danzinger, Joan M. Abbey, Kristin S. Seefeldt

University of Michigan Journal of Law Reform

The need for comprehensive reform of child welfare policies and systems has long been evident. This Article reports observations from the WK Kellogg Foundation-sponsored Families for Kids Initiative that seeks to expand services and support to families and reduce the time children spend in temporary care. The authors first provide an overview of the need for reforms such as those proposed by this initiative, suggesting that many child welfare studies, critiques, and proposed reforms have had similar objectives. The authors highlight lessons learned from how these reform goals are being developed, implemented, and practiced in ongoing programs across the nation …


Critical Applications And Proposals For Improvement Of The Uniform Interstate Family Support Act And The Full Faith And Credit For Child Support Orders Act, Patricia W. Moore Jan 1997

Critical Applications And Proposals For Improvement Of The Uniform Interstate Family Support Act And The Full Faith And Credit For Child Support Orders Act, Patricia W. Moore

Faculty Articles

The problems inherent in interstate child and spousal support enforcement have been lamented for at least a half century. The federal and state governments have taken numerous steps to enhance interstate establishment and collection of support. Two of the latest steps in this process were the 1992 promulgation of the Uniform Interstate Family Support Act ("UIFSA") and the 1994 adoption of the federal Full Faith and Credit For Child Support Orders Act ("FFCCSOA"). The 1996 federal "welfare reform" bill' affected both of these statutes by requiring the states to pass UIFSA by January 1, 1998 and by amending FFCCSOA …


Designating Male Parents At Birth, Jeffrey A. Parness May 1993

Designating Male Parents At Birth, Jeffrey A. Parness

University of Michigan Journal of Law Reform

In focusing on legal designations of male parentage as of the time of birth, this Essay first reviews the methods by which such designations currently are made. The difficulties raised by contemporary methods then will be explored, together with suggested reforms involving laws that could promote earlier, more complete, and more accurate designations of male parentage as of the time of a child's birth.


Tribal Jurisdiction Over Indian Children: Mississippi Band Of Choctaw Indians V. Holyfield, Diane Allbaugh Jan 1991

Tribal Jurisdiction Over Indian Children: Mississippi Band Of Choctaw Indians V. Holyfield, Diane Allbaugh

American Indian Law Review

No abstract provided.


Surrogate Parenting After Baby M: The Ball Moves To The Legislature’S Court, John R. Dunne, Gregory V. Serio Jan 1988

Surrogate Parenting After Baby M: The Ball Moves To The Legislature’S Court, John R. Dunne, Gregory V. Serio

Touro Law Review

No abstract provided.


The Incompetent Spouse's Election: A Pecuniary Approach, Susan P. Barnabeo Jun 1985

The Incompetent Spouse's Election: A Pecuniary Approach, Susan P. Barnabeo

University of Michigan Journal of Law Reform

Although many state legislatures have preserved the incompetent widow's right of election, these states have developed only general guidelines to govern such an election. These guidelines merely direct the court to act in the "best interests" of the incompetent widow. Courts of the various jurisdictions differ in their approach to determining the "best interests" of the incompetent. Most courts examine all surrounding circumstances regarding the incompetent widow's situation, such as the intent of both the wife prior to her incompetency and of the testator, and the adequacy of the will's provision for the incompetent widow. A minority of jurisdictions, however, …


Thinking About Public Policy Toward Abuse And Neglect Of Children: A Review Of Before The Best Interests Of The Child, Michael S. Wald Mar 1980

Thinking About Public Policy Toward Abuse And Neglect Of Children: A Review Of Before The Best Interests Of The Child, Michael S. Wald

Michigan Law Review

A review of Before the Best Interests of the Child by Joseph Goldstein, Anna Freud, and Albert J. Solnit


Domestic Relations -- 1954 Tennessee Survey, William J. Harbison Aug 1954

Domestic Relations -- 1954 Tennessee Survey, William J. Harbison

Vanderbilt Law Review

An important case dealing with testamentary restraint upon adoptions was decided by the Tennessee Supreme Court during the survey period.' The case was one of first impression in this jurisdiction and appears to be one of the few decisions upon the subject in the United States. In his will testator created a trust for his granddaughter, the child of his deceased son. He imposed a condition that if the child were adopted before her eighteenth birthday by someone outside testator's immediate family, and if her name were changed, then the trust should terminate and the corpus be distributed to other …


Witnesses-Dead Man Statutes-Competence Of Spouse Of Party Or Interested Person-Effect Of Divorce, James E. Tobin S.Ed. Mar 1948

Witnesses-Dead Man Statutes-Competence Of Spouse Of Party Or Interested Person-Effect Of Divorce, James E. Tobin S.Ed.

Michigan Law Review

The "Dead Man" statutes, enacted in various forms in almost every state, generally forbid a party or person interested to testify in an action involving a decedent's estate. As is well known, these statutes are the lone survival of the common law rule disqualifying parties and persons interested as witnesses in all actions, a rule which has otherwise been universally repudiated because of the realization that pecuniary interest does not necessarily raise any large probability of falsehood and that, even if it did, the risks of admitting such testimony can easily be minimized and are far outweighed by the advantages …


Torts - Joint Tortfeasors - Husband And Wife - Torts Between Spouses - Immunity Of Third Persons, Michigan Law Review Mar 1940

Torts - Joint Tortfeasors - Husband And Wife - Torts Between Spouses - Immunity Of Third Persons, Michigan Law Review

Michigan Law Review

Plaintiff sued defendants, including plaintiff's husband, for jointly causing a false charge of adultery to be made against plaintiff in a divorce suit. The defendants' demurrer to the complaint was sustained in the trial court as to each and all of the defendants. Held, that although plaintiff's husband was immune from liability, a cause of action had been made out against all the rest of the defendants, and the judgment in their favor was reversed. Ewald v. Lane, (App. D. C. 1939) 104 F. (2d) 222.