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Taking Pierce Seriously: The Family, Religious Education, And Harm To Children, Richard W. Garnett 2016 Notre Dame Law School

Taking Pierce Seriously: The Family, Religious Education, And Harm To Children, Richard W. Garnett

Richard W Garnett

Many States exempt religious parents from prosecution, or limit their exposure to criminal liability, when their failure to seek medical care for their sick or injured children is motivated by religious belief. This paper explores the question what, if anything, the debate about these exemptions says about the state's authority to override parents' decisions about education, particularly religious education. If we accept, for example, that the state may in some cases require medical treatment for a child, over her parents' objections, to avoid serious injury or death, should it follow that it may regulate, or even forbid, a child ...


Result Inequality In Family Law, Margaret F. Brinig 2016 Selected Works

Result Inequality In Family Law, Margaret F. Brinig

Margaret F Brinig

To the extent that family law is governed by statute, all families are treated as though they are the same. This is of course consistent with the equal protection guarantees of the U.S. Constitution as well as those of the states. However, in our pluralistic society, all families are not alike. At birth, some children are born to wealthy, married parents who will always put the children’s interests first and will never engage in domestic violence. Many laws benefit these children, while, according to some academics, they either further disadvantage other children or at best ignore their needs ...


Religiously-Motivated Medical Neglect: A Response To Professors Levin, Jacobs, And Arora, Doriane Lambelet Coleman 2016 Duke Law School

Religiously-Motivated Medical Neglect: A Response To Professors Levin, Jacobs, And Arora, Doriane Lambelet Coleman

Washington and Lee Law Review Online

This Response to Professors Levin, Jacobs, and Arora’s article To Accommodate or Not to Accommodate: (When) Should the State Regulate Religion to Protect the Rights of Children and Third Parties? focuses on their claim that the law governing religious exemptions to medical neglect is messy, unprincipled, and in need of reform, including because it violates the Establishment Clause. I disagree with this assessment and provide support for my position. Specifically, I summarize and assess the current state of this law and its foundation in the perennial tussle between parental rights and state authority to make decisions for and about ...


Familial Influences On Recantation In Substantiated Child Sexual Abuse Cases, Lindsay C. Malloy, Allison P. Mugno, Jillian R. Rivard, Thomas D. Lyon, J A. Quas 2016 Florida International University

Familial Influences On Recantation In Substantiated Child Sexual Abuse Cases, Lindsay C. Malloy, Allison P. Mugno, Jillian R. Rivard, Thomas D. Lyon, J A. Quas

University of Southern California Legal Studies Working Paper Series

The underlying reasons for recantation in children’s disclosure of child sexual abuse (CSA) have been debated in recent years. In the present study, we examined the largest sample of substantiated CSA cases involving recantations to date (n = 58 cases). We specifically matched those cases to 58 non-recanters on key variables found to predict recantation in prior research (i.e., child age, alleged parent figure perpetrator, caregiver unsupportiveness). Bivariate analyses revealed that children were less likely to recant when they were (1) initially removed from home post-disclosure, and (2) initially separated from siblings post-disclosure. Multivariate analyses revealed that children were ...


Child Marriage In Yemen: A Violation Of International Law, Elizabeth Verner 2016 University of Georgia School of Law

Child Marriage In Yemen: A Violation Of International Law, Elizabeth Verner

Georgia Journal of International & Comparative Law

No abstract provided.


Expert Workshop Session: The Global Child, Haley Chafin, Jena Emory, Meredith Head, Elizabeth Verner 2016 University of Georgia School of Law

Expert Workshop Session: The Global Child, Haley Chafin, Jena Emory, Meredith Head, Elizabeth Verner

Georgia Journal of International & Comparative Law

No abstract provided.


Medicaid Maximization And Diversion: Illusory State Practices That Convert Federal Aid Into General State Revenue, Daniel L. Hatcher 2016 Seattle University School of Law

Medicaid Maximization And Diversion: Illusory State Practices That Convert Federal Aid Into General State Revenue, Daniel L. Hatcher

Seattle University Law Review

For years, states have been using illusory schemes to maximize federal aid intended for Medicaid services—and then often diverting some or all of the resulting funds to other use. And states have help. Private revenue maximization consultants are hired by states to increase Medicaid claims, often for a contingency fee. We do not know the exact amount of federal Medicaid funds that has been diverted to state revenue and private profit each year, but it is in the billions. Part I of this Article sets out the structure of the Medicaid program and describes states’ use of revenue maximization ...


Harrison V. Harrison, 132 Nev. Adv. Op. 56 (Jul. 28, 2016), Douglas H. Smith 2016 Nevada Law Journal

Harrison V. Harrison, 132 Nev. Adv. Op. 56 (Jul. 28, 2016), Douglas H. Smith

Nevada Supreme Court Summaries

The Court held that a district court’s written order concerning the custody of two minor children did not violate public policy when its stipulations provided (1) that it was within the discretion of each minor child, after reaching the age of 14, to decide how much time to spend with either of their divorced parents as long as the original arrangement for joint physical custody remained intact, and (2) that a “parent coordinator” would be appointed to resolve disputes and whose role could be defined by a written district court order. Three justices dissented that the first provision encroaches ...


Previews And Practical Cases On Marriage, Jerome A. Petz, S.J. 2016 St. John's University School of Law

Previews And Practical Cases On Marriage, Jerome A. Petz, S.J.

The Catholic Lawyer

No abstract provided.


Canon Law And Wills; State Efforts To Combat Obscenity; State Aid To Private Schools;, 2016 St. John's University School of Law

Canon Law And Wills; State Efforts To Combat Obscenity; State Aid To Private Schools;

The Catholic Lawyer

No abstract provided.


Note: Private-Placement Adoptions, 2016 St. John's University School of Law

Note: Private-Placement Adoptions

The Catholic Lawyer

No abstract provided.


The Legal Regulation Of Adult Personal Relationships: Evaluating Policy Objectives And Legal Options In Federal Legislation, Brenda Cossman, Bruce Ryder 2016 Osgoode Hall Law School of York University

The Legal Regulation Of Adult Personal Relationships: Evaluating Policy Objectives And Legal Options In Federal Legislation, Brenda Cossman, Bruce Ryder

Bruce B. Ryder

Few would dispute that adult personal relationships characterized by caring and commitment ought to be recognized and supported by the state because of their fundamental importance to the well-being of individuals and communities. The law has long sought to identify these relationships by reference to ties of blood, marriage or adoption. Contemporary norms, however, value adult personal relationships by reference to their qualitative attributes rather than their formal legal status. This shift in normative assumptions has accompanied profound shifts in Canadians’ living arrangements over the course of the last thirty years. We have witnessed a decline in the marriage rate ...


Right To Travel; Aid To Education; Law And Morals; Religious Liberty; Obscenity And The Law; Segregation; Divorce And The Catholic Attorney;, 2016 St. John's University School of Law

Right To Travel; Aid To Education; Law And Morals; Religious Liberty; Obscenity And The Law; Segregation; Divorce And The Catholic Attorney;

The Catholic Lawyer

No abstract provided.


Same Sex Marriage In A Post-Perry And Windsor America, Kathryn L. Moore, Allison I. Connelly, Ross T. Ewing 2016 University of Kentucky College of Law

Same Sex Marriage In A Post-Perry And Windsor America, Kathryn L. Moore, Allison I. Connelly, Ross T. Ewing

Allison Connelly

These materials accompanied a presentation at the 2014 Kentucky Bar Association Annual Convention entitled Same Sex Marriage in a Post-Perry and Windsor America. The focus of this presentation was on: the legal landscape following major LGBTQ civil rights cases; how these cases would impact families in Kentucky; and any employment or retirement issues.


Same Sex Marriage In A Post-Perry And Windsor America, Kathryn L. Moore, Allison I. Connelly, Ross T. Ewing 2016 University of Kentucky College of Law

Same Sex Marriage In A Post-Perry And Windsor America, Kathryn L. Moore, Allison I. Connelly, Ross T. Ewing

Kathryn L. Moore

These materials accompanied a presentation at the 2014 Kentucky Bar Association Annual Convention entitled Same Sex Marriage in a Post-Perry and Windsor America. The focus of this presentation was on: the legal landscape following major LGBTQ civil rights cases; how these cases would impact families in Kentucky; and any employment or retirement issues.


Relations Between Attorney Temporal Structure And Children's Response Productivity In Cases Of Alleged Child Sexual Abuse, J. Zoe Klemfuss, Kyndra C. Cleveland, J A. Quas, Thomas D. Lyon 2016 Florida International University

Relations Between Attorney Temporal Structure And Children's Response Productivity In Cases Of Alleged Child Sexual Abuse, J. Zoe Klemfuss, Kyndra C. Cleveland, J A. Quas, Thomas D. Lyon

University of Southern California Legal Studies Working Paper Series

Purpose. Previous research has demonstrated that attorney question format relates to child witness’ response productivity. However, little work has examined the extent to which attorneys provide temporal structure in their questions, and the effects of this structure on children’s responding. The purpose of this study was to address this gap in the literature to identify methods by which attorneys increase children’s response productivity on the stand without risking objections from opposing counsel for ‘calling for narrative answers’.

Methods. In this study, we coded criminal court transcripts involving child witnesses (5–18 years) for narrative structure in attorney questions ...


Marriage, Abortion And Coming Out, Sylvia A. Law, Scott Skinner-Thompson, Hugh Baran 2016 NYU School of Law

Marriage, Abortion And Coming Out, Sylvia A. Law, Scott Skinner-Thompson, Hugh Baran

New York University Public Law and Legal Theory Working Papers

Over the past two decades, legal protections for lesbian, gay, and bisexual individuals have dramatically expanded. Simultaneously, meaningful access to reproductive choice for women has been eroded. What accounts for the different trajectories of LGBTQ rights and reproductive rights?

This Essay argues that one explanation — or at least partial explanation — for the advance of LGBTQ rights relative to reproductive rights is the differing degree to which individuals have come out about their experiences with sexuality compared to coming out about experiences with unplanned pregnancies. In particular, as catalogued in this Essay, popular media portrayals of lesbian and gay individuals have ...


Probate A To Z: Guiding You Through The Statutes, Rules, And Procedures (Click Sharkmedia Below For Video), Adam Scott Goldberg 2016 Krause & Goldberg PA

Probate A To Z: Guiding You Through The Statutes, Rules, And Procedures (Click Sharkmedia Below For Video), Adam Scott Goldberg

Law Center Plus Seminar Series

  • Learn about probate court statutes and rules of procedure in Florida
  • Understand how Probate issues can impact other areas such as: real estate, family, and debt/creditor law.
  • How to handle special challenges that arise in probate cases
  • Discuss recent procedural changes in Miami-Dade & Broward Probate Court


Black And Blue Bloods: Protecting Police Officer Families From Domestic Violence, Rafaqat Cheema 2016 Maurice A. Deane School of Law at Hofstra University

Black And Blue Bloods: Protecting Police Officer Families From Domestic Violence, Rafaqat Cheema

Hofstra Law Student Works

Officer-involved domestic violence (OIDV) is a national problem, with police officer families having higher rates of domestic violence than non–police officer families. OIDV is also an underresearched problem with few studies or proposed solutions. Many victims of OIDV do not report their abuse precisely because their abuser is a police officer, whom they fear is in a unique position to protect him/herself from any legal consequences. Often, OIDV complaints are not investigated properly in a nonbiased manner. While a handful of police agencies around the country have developed specific policies and procedures to deal with OIDV, Washington State ...


Pro Pro Bono: Volunteer Lawyers Are An Essential Part Of Access To Civil Justice, Amy Barasch, Esq. 2016 New York Law School

Pro Pro Bono: Volunteer Lawyers Are An Essential Part Of Access To Civil Justice, Amy Barasch, Esq.

Impact Center for Public Interest Law

No abstract provided.


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