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Articles 91 - 106 of 106
Full-Text Articles in Juvenile Law
Stepparents, Biologic Parents, And The Law's Perception Of 'Family' After Divorce, David L. Chambers
Stepparents, Biologic Parents, And The Law's Perception Of 'Family' After Divorce, David L. Chambers
Book Chapters
The drama of divorce always contains at least two characters, a woman and a man, and often a third, a child born to the woman and the man. If you have read the other chapters of this book, you have rarely encountered any of the other persons who may be affected by a divorce, such as the children of either person from a prior marriage, or later spouses or partners of either party, or later born children of either party-all the persons who are or become stepchildren or stepparents. You have not encountered them because, in this country, with minor …
Law, Science, And History: Reflections Upon In The Best Interests Of The Child, Peggy C. Davis
Law, Science, And History: Reflections Upon In The Best Interests Of The Child, Peggy C. Davis
Michigan Law Review
A Review of In the Best Interests of the Child by Joseph Goldstein, Anna Freud, Albert J. Solnit, and Sonja Goldstein
Exclusion Of Families With Children From Housing, George Palmer Schober
Exclusion Of Families With Children From Housing, George Palmer Schober
University of Michigan Journal of Law Reform
This Note attempts to resolve the most significant problems raised by discrimination against children in housing. Part I briefly analyzes the prevalence of child exclusion in different types of housing. It also provides a statistical analysis of the rental housing market to enable the reader to gauge the extent of the problem in one type of housing. Part II discusses policy arguments supporting both those who seek to exclude children and those who advocate government policies forbidding exclusion. Part III then examines the various approaches that states have adopted in this area, as well as federal implications of the issue. …
Beyond State Intervention In The Family: For Baby Jane Doe, Martha Minow
Beyond State Intervention In The Family: For Baby Jane Doe, Martha Minow
University of Michigan Journal of Law Reform
Newspapers and broadcasters gave major billing to the story. Headlines announced: "The Life or Death Question of Baby Doe;" and "Baby Doe's Parents Call U.S. Action Intimidating." The medical care decisions about this infant born with spina bifida, microcephaly, and other severe disabilities, not only attracted mass media attention, but also led to both state and federal court proceedings. Legislative hearings raised the issue of her care. Many commentators debated what should happen to this infant of Long Island parents. This article instead will ask: what was all the attention about?; why are cases like this so riveting?; and might …
The Establishment Clause And Religion In Child Custody Disputes: Factoring Religion Into The Best Interest Equation, Michigan Law Review
The Establishment Clause And Religion In Child Custody Disputes: Factoring Religion Into The Best Interest Equation, Michigan Law Review
Michigan Law Review
This Note examines when judges deciding custody disputes may consider potential custodians' religious practices without violating the establishment clause of the first amendment to the Constitution. Although courts agree that they may not prefer one parent to another for religious reasons when both parents are religious and neither parent's religious practices threaten the child's health or safety, some courts believe that they may constitutionally prefer a religious parent to a nonreligious parent. Part I argues that courts violate the establishment clause by preferring religion to nonreligion when there is no showing that the child has personal religious convictions. Part II …
The Battering Parent Syndrome: Inexpert Testimony As Character Evidence, Thomas N. Bulleit Jr.
The Battering Parent Syndrome: Inexpert Testimony As Character Evidence, Thomas N. Bulleit Jr.
University of Michigan Journal of Law Reform
This Note proposes that courts refuse to give further consideration to admitting the battering parent syndrome as evidence in both civil and criminal proceedings arising out of child abuse. Part I of the Note describes the syndrome as it appears in the psychological literature. Part II suggests that current judicial attitudes favor the future admissibility of the syndrome, conditioned only on an improved showing of scientific accuracy. Part III demonstrates that regardless of scientific accuracy, the character evidence rule forbids courts from admitting the battering parent syndrome. Part IV argues that the important policies underlying the character evidence rule override …
Rethinking The Substantive Rules For Custody Disputes In Divorce, David L. Chambers
Rethinking The Substantive Rules For Custody Disputes In Divorce, David L. Chambers
Articles
A few states, mostly in the West and South, still retain a preference in custody disputes for placing young children with their mothers. In most other states, legislatures or courts have replaced the maternal presumption with a rule directing courts to be guided solely by the child's "welfare" or "best interests." A few legislatures have created a new preference for joint custody, directing courts to consider favorably requests by a parent for such arrangements, even over the objection of the other parent. This Article argues that the trend away from the maternal presumption is sensible, but that the current best-interests …
Illegitimacy: An Examination Of Bastardy, Michigan Law Review
Illegitimacy: An Examination Of Bastardy, Michigan Law Review
Michigan Law Review
A Review of Illegitimacy: An Examination of Bastardy by Jenny Teichman
Parent-Child Incest: Proof At Trial Without Testimony In Court By The Victim, Dustin P. Ordway
Parent-Child Incest: Proof At Trial Without Testimony In Court By The Victim, Dustin P. Ordway
University of Michigan Journal of Law Reform
This Note argues that the incest victim should not testify personally at trial. Rather, the child's testimony should be replaced with tape-recorded pretrial examinations of the victim by an expert, supplemented by the in-court testimony of the examining expert. Part I discusses how the present system of requiring in-court testimony by the victim harms the child, fails to correct the incest problem, and produces unreliable evidence. Part II outlines and discusses the merits of the proposed reform. Part ill examines the proposed reform in light of the defendant's constitutional rights to due process and to confront witnesses against him. The …
Thinking About Public Policy Toward Abuse And Neglect Of Children: A Review Of Before The Best Interests Of The Child, Michael S. Wald
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
Father In Jail, David C. Baldus
Father In Jail, David C. Baldus
Michigan Law Review
A review of Making Fathers Pay: The Enforcement of Child Support by David L. Chambers
Parental Notification As A Prerequisite For Minors' Access To Contraceptives: A Behavioral And Legal Analysis, Michael N. Finger
Parental Notification As A Prerequisite For Minors' Access To Contraceptives: A Behavioral And Legal Analysis, Michael N. Finger
University of Michigan Journal of Law Reform
This article examines whether the constitutional right of parents to determine what is best for their children prevents the state from permitting minors access to contraceptives without notifying their parents. Part I examines the effect of the presence or absence of a notice requirement upon the interests of parents, minors, and the state. Part II reviews the development of the constitutional right of privacy and the impact of parental rights and state interests on the extension of privacy rights to minors. Part III considers the manner in which the interests of minors, parents, and the state should be balanced. The …
The Emerging Constitutional Protection Of The Putative Father's Parental Rights, Michigan Law Review
The Emerging Constitutional Protection Of The Putative Father's Parental Rights, Michigan Law Review
Michigan Law Review
This Comment will first examine whether the equal protection or due process clauses of the Constitution presently proscribe disparate treatment of the putative father, as compared with other parents, in regard to parental privileges. Attention will then be given to an assessment of the potential impact of the proposed "equal rights" amendment on the putative father's rights in relation to his illegitimate child.
Forcing Protection On Children And Their Parents: The Impact Of Wyman V. James, Robert A. Burt
Forcing Protection On Children And Their Parents: The Impact Of Wyman V. James, Robert A. Burt
Michigan Law Review
This Article will focus on one of the concerns implicated in Wyman: the government's power to force assistance for the protection of children, when they or their parents are unwilling to accept that assistance. The state's protective purposes in insisting that Mrs. James accept its assistance or suffer serious loss of benefits played an important role in the Wyman decision. Only a few years ago, in In re Gault, the Court refused to defer to a state's similarly beneficent motives when it was asked to withhold the imposition of procedural safeguards in juvenile delinquency proceedings. Wyman does not …
Aftermath Of Apprehension: Family Lawyer's Response, Robert F. Drinan S.J.
Aftermath Of Apprehension: Family Lawyer's Response, Robert F. Drinan S.J.
University of Michigan Journal of Law Reform
It is contended here that Gold and Williams' statement of their thesis in National Study of the Aftermath of Apprehension that "apprehension itself encourages rather than deters further delinquency" is not what their research proves. The research proves rather that the revelation of the apprehension to the delinquent's parents without the consent of the youth apprehended is the real cause of the youth's further delinquency. Stated more precisely, it is the attitude of the parents towards the youth who has been apprehended by the police which is the critical factor in encouraging or deterring the youth from further delinquency.
Family Courts, Willis B. Perkins
Family Courts, Willis B. Perkins
Michigan Law Review
A great deal has been said, but very little has been authoritatively written upon the subject of Domestic Relations Courts in this country. So far as I know, no such court has yet been successfully established embodying the jurisdiction and powers the advocates of such a court claim it should possess. I am not unaware, however, that courts under the name ef Domestic Relations Courts have been established, notably in New York City and Cincinnati, and that certain Municipal Courts, notably in Chicago, have been given jurisdiction in certain family matters, but none of these courts, as at present organized, …