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Articles 1 - 7 of 7
Full-Text Articles in Juvenile Law
Teen Pregnancy In Charter Schools: Pregnancy Discrimination Challenges Under The Equal Protection Clause And Title Ix, Kaylee Niemasik
Teen Pregnancy In Charter Schools: Pregnancy Discrimination Challenges Under The Equal Protection Clause And Title Ix, Kaylee Niemasik
Michigan Journal of Gender & Law
Until three years ago, a policy at Delhi Charter School in Louisiana required that any pregnant student be effectively expelled. A pregnant sixteen-year-old student’s expulsion caught the attention of national media in 2012. The ACLU sued and the school quickly rescinded the policy. Although the policy was revoked, the un-adjudicated nature of the resolution leaves teen girls at the school and nationwide without any final court order to protect them against the (re)enactment of similar discriminatory policies. This Article analyzes the Delhi Charter School policy in order to make three related arguments. First, the Court should adopt a rebuttable presumption …
Protecting A Parent's Right To Counsel In Child Welfare Cases, Vivek Sankaran
Protecting A Parent's Right To Counsel In Child Welfare Cases, Vivek Sankaran
Articles
A national consensus is emerging that zealous leagal representation for parents is crucial to ensure that the child welfare system produces just outcomes for children. Parents' lawyers protect important constitutional rights, prevent the unnecessary entry of children into foster care and guide parents through a complex system.
A Child's Right To Protection From Transfer Trauma In A Contested Adoption Case, Suellyn Scarnecchia
A Child's Right To Protection From Transfer Trauma In A Contested Adoption Case, Suellyn Scarnecchia
Articles
On August 2, 1993, I arrived at the home of Jan, Robby, and Jessica DeBoer' a few hours before the transfer. At 2:00 P.M. I would carry Jessica out of her home and deliver her to the parents who had won the case,2 her biological mother and father. This task probably would have been easier had I not spent eight days in the trial court listening to the experts explain that this transfer from one set of parents to another would harm Jessica.3 It would have been easier had I not recently obtained affidavits from other experts to persuade the …
Equal Protection For The Illegitimate, Harry D. Krause
Equal Protection For The Illegitimate, Harry D. Krause
Michigan Law Review
In our time the general constitutional phrase promising equal protection has become specific law. It has been used to invalidate many state statutes which discriminated on the basis of race or other arbitrary criteria. Definite rules have been developed for this process of invalidation. These rules will be applied below to state and federal legislation that favors the legitimate child and discriminates against the illegitimate in matters of inheritance rights, rights of support, rights of name and custody, and social welfare. The question that will be asked is whether state and federal legislation may constitutionally discriminate between children on the …
Foster Parents Versus Agencies: A Case Study In The Judicial Application Of "The Best Interests Of The Child" Doctrine, Sanford N. Katz
Foster Parents Versus Agencies: A Case Study In The Judicial Application Of "The Best Interests Of The Child" Doctrine, Sanford N. Katz
Michigan Law Review
A recurring problem which courts face is the need to resolve the conflict which arises when foster parents challenge the decision of agencies that have disqualified these persons from continuing their relationship with or adopting their foster child. This article will explore the role of courts in resolving these disputes and will suggest some criteria by which the courts may be guided in deciding such questions.
Municipal Corporations - Police Power - Constitutional Validity Of Curfew Ordinance, John A. Ziegler S.Ed.
Municipal Corporations - Police Power - Constitutional Validity Of Curfew Ordinance, John A. Ziegler S.Ed.
Michigan Law Review
Appellant-petitioner was charged with a violation of a city ordinance making it a misdemeanor to assist any minor under the age of seventeen to violate the curfew laws. The curfew ordinance prohibits minors under the age of seventeen from being in any public place between IO P.M. and 5 A.M. unless accompanied by parent or guardian, or unless the presence of the minor is connected with and required by some legitimate business, trade, profession or occupation in which the minor is engaged. Petitioner moved to dismiss the complaint at the preliminary hearing on the grounds that the ordinance was an …
Expatriation Of American Minors, Lester B. Orfield
Expatriation Of American Minors, Lester B. Orfield
Michigan Law Review
The United States Supreme Court in May, 1939, handed down a vitally significant decision on the expatriation of American minors. Prior to that date, one was forced to deduce the law from conflicting decisions of the lower federal courts and of state courts, rulings by the departments of state, labor, and justice, and views of writers. This, therefore, seems an appropriate time at which to discuss the problems which have been raised and the solutions which have been offered.