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Treatment For Misbehaving Minors, Barbara P. Gertel 2017 St. John's University School of Law

Treatment For Misbehaving Minors, Barbara P. Gertel

The Catholic Lawyer

No abstract provided.


Child Placement: Law And Theory, Joel B. Savit 2017 St. John's University School of Law

Child Placement: Law And Theory, Joel B. Savit

The Catholic Lawyer

No abstract provided.


Obergefell’S Impact On Functional Families, Raymond C. O'Brien 2017 The Catholic University of America, Columbus School of Law

Obergefell’S Impact On Functional Families, Raymond C. O'Brien

Catholic University Law Review

More than forty percent of children born in America are born to unmarried parents and only half of all cohabitating adults in America are currently married. While many children are born to single parents, others are part of the two-person unmarried cohabiting functional family paradigm. What is the status of these children?

This article examines the changing paradigm of parental status, specifically vis-à-vis homosexual couples with children, and the rights of the non-biological parent after separation. This article examines the changes in law in regards to unmarried parents leading up to the Uniform Parentage Act. It describes the equitable remedies ...


Adultery: Trust And Children, Margaret F. Brinig 2017 Notre Dame Law School

Adultery: Trust And Children, Margaret F. Brinig

Margaret F Brinig

Deborah Rhode writes that while adultery is admittedly not good, it should not be criminal. She argues that it should not generate a tort action either, because the original purposes for which the torts of alienation of affections and criminal conversation come from a time with quite different views about marriage and gender, while no-fault and speedy divorce today give adequate remedies to the wronged spouse. Further, adultery should not affect employment (as a politician or in the military) unless it directly impacts job performance.

My own reluctance to disengage adultery and law stems from the seriousness of adultery. First ...


No-Fault Divorce Laws: An Overview And Critique, James T. McHugh 2017 St. John's University School of Law

No-Fault Divorce Laws: An Overview And Critique, James T. Mchugh

The Catholic Lawyer

No abstract provided.


Adoptive Parent Versus Natural Parent: Serving The Gordian Knot Of Voluntary Surrenders, Joseph P. Forte 2017 St. John's University School of Law

Adoptive Parent Versus Natural Parent: Serving The Gordian Knot Of Voluntary Surrenders, Joseph P. Forte

The Catholic Lawyer

No abstract provided.


The Effects Of Secret Instructions And Yes/No Questions On Maltreated And Nonmaltreated Children's Reports Of A Minor Transgression, elizabeth c. ahern, Stacia N. Stolzenberg, Kelly McWilliams, Thomas D. Lyon 2017 University of Cambridge

The Effects Of Secret Instructions And Yes/No Questions On Maltreated And Nonmaltreated Children's Reports Of A Minor Transgression, Elizabeth C. Ahern, Stacia N. Stolzenberg, Kelly Mcwilliams, Thomas D. Lyon

University of Southern California Legal Studies Working Paper Series

This study examined the effects of secret instructions (distinguishing between good/bad secrets and encouraging disclosure of bad secrets) and yes/no questions (DID: “Did the toy break?” versus DYR: “Do you remember if the toy broke?”) on 262 4- to 9- year old maltreated and nonmaltreated children’s reports of a minor transgression. Over two-thirds of children failed to disclose the transgression in response to free recall (invitations and cued invitations). The secret instruction increased disclosures early in free recall, but was not superior to no instruction when combined with cued invitations. Yes/no questions specifically asking about the ...


Are You My Mother? A Critique Of The Requirements For De Facto Parenthood In Maine Following The Law Court's Decision In Pitts V. Moore, Samuel Johnson 2017 University of Maine School of Law

Are You My Mother? A Critique Of The Requirements For De Facto Parenthood In Maine Following The Law Court's Decision In Pitts V. Moore, Samuel Johnson

Maine Law Review

Are you my mother? The answer to this question may not have been very difficult to ascertain years ago, however it is not so easily answered today. With advancements in technology, shifts in family structures, and changes in social norms, new legal issues pertaining to parental rights have materialized. The right to raise a child as one sees fit is one of the oldest fundamental rights recognized and protected by the United States Constitution. However, courts are now being asked to consider the rights of “legal strangers” at the expense of the biological or legal parent. One method that a ...


Inconvenient Truths: Facts And Fictions In Defense Of Guardians Ad Litem For Children, Dana E. Prescott 2017 University of Maine School of Law

Inconvenient Truths: Facts And Fictions In Defense Of Guardians Ad Litem For Children, Dana E. Prescott

Maine Law Review

During the 2013 Maine legislative session, citizens, elected officials, and professionals passionately expressed their beliefs concerning the legitimacy and efficacy of guardian ad litem [GAL] appointments in private child custody cases. In many respects, this policy discussion mirrored national trends in the scholarly and social science literature concerning allegations of the overuse or capacious role of a GAL. Establishing the proper legal and scientific contours within which GALs may serve the best interests of children and simultaneously provide constructive investigative and evidence-informed recommendations to judicial fact finding remains a proper concern for proponents and critics alike. The challenge, in this ...


The Law Of Nonmarriage, Albertina Antognini 2017 University of Kentucky College of Law

The Law Of Nonmarriage, Albertina Antognini

Boston College Law Review

The meaning of marriage, and how it regulates intimate relationships, has been at the forefront of recent scholarly and public debates. Yet despite the attention paid to marriage—especially in the wake of Obergefell v. Hodges—a record number of people are not marrying. Legal scholarship has mostly neglected how the law regulates these nonmarital relationships. This Article begins to fill the gap. It does so by examining how courts distribute property at the end of a relationship that was nonmarital at some point. This inquiry provides a descriptive account to a poorly understood and largely under-theorized area of the ...


Challenging The Credibility Of Alleged Victims Of Child Sexual Abuse In Scottish Courts, Zsofia Szojka, Samantha J. Andrews, Michael E. Lamb, Stacia N. Stolzenberg, Thomas D. Lyon 2017 University of London

Challenging The Credibility Of Alleged Victims Of Child Sexual Abuse In Scottish Courts, Zsofia Szojka, Samantha J. Andrews, Michael E. Lamb, Stacia N. Stolzenberg, Thomas D. Lyon

University of Southern California Legal Studies Working Paper Series

This study examined the effects of credibility-challenging questions (n = 2,729) on 62 5- to 17-year-olds’ testimony in child sexual abuse cases in Scotland by categorizing the type, source, and content of the credibility-challenging questions defence lawyers asked and assessing how children responded. Credibility-challenging questions comprised 14.9% of all questions asked during cross-examination. Of defence lawyers’ credibility-challenging questions, 77.8% focused generally on children’s honesty, whereas the remainder referred to specific inconsistencies in the children’s testimony. Children resisted credibility challenges 54% of the time, significantly more often than they provided compliant responses (26.8%). The tendency to ...


The Effects Of The Putative Confession And Parent Suggestion On Children's Disclosure Of A Minor Transgression, Elizabeth B. Rush, Stacia N. Stolzenberg, J A. Quas, Thomas D. Lyon 2017 University of California, Irvine

The Effects Of The Putative Confession And Parent Suggestion On Children's Disclosure Of A Minor Transgression, Elizabeth B. Rush, Stacia N. Stolzenberg, J A. Quas, Thomas D. Lyon

University of Southern California Legal Studies Working Paper Series

Purpose: This study examined the effects of the putative confession (telling the child that an adult “told me everything that happened and he wants you to tell the truth”) on children’s disclosure of a minor transgression after questioning by their parents. Methods: Children (N = 188; 4 – 7-year-olds) played with a confederate, and while doing so, for half of the children, toys broke. Parents then questioned their children about what occurred, and half of the parents were given additional scripted suggestive questions. Finally, children completed a mock forensic investigative interview. Results: Children given the putative confession were 1.6 times ...


A-R-C-G- Is Not The Solution For Domestic Violence Victims, Lizbeth Chow 2017 The Catholic University of America, Columbus School of Law

A-R-C-G- Is Not The Solution For Domestic Violence Victims, Lizbeth Chow

Catholic University Law Review

For over fifteen years, U.S. immigration authorities and courts have grappled with the idea of domestic violence as a basis for asylum. But in 2014, the Board of Immigration Appeals (BIA) issued a decision indicating that victims of domestic violence may qualify for asylum. This Comment assesses the BIA’s decision and concludes that it is ultimately ineffective. This Comment further suggests that the only practical solution is for Congress to intervene. This Comment first provides a brief historical overview of asylum law to help elucidate the purpose of asylum law. It also provides an in-depth review of the ...


The Productivity Of Wh- Prompts When Children Testify, Samantha J. Andrews, Elizabeth C. Ahern, Stacia N. Stolzenberg, Thomas D. Lyon 2017 University of Cambridge

The Productivity Of Wh- Prompts When Children Testify, Samantha J. Andrews, Elizabeth C. Ahern, Stacia N. Stolzenberg, Thomas D. Lyon

University of Southern California Legal Studies Working Paper Series

Wh- prompts (what, how, why, who, when, where) vary widely in their specificity and accuracy, but differences among them have largely been ignored in research examining the productivity of different question-types in child testimony. We examined 120 6- to 12-year-olds’ criminal court testimony in child sexual abuse cases to compare the productivity of various wh- prompts. We distinguished among what/how prompts, most notably: what/how-happen prompts focusing generally on events, what/how-dynamic prompts focusing on actions or unfolding processes/events, what/how-causality prompts focusing on causes and reasons, and what/how-static prompts focusing on non-action contextual information regarding location ...


Are You My Mother? A Critique Of The Requirements For De Facto Parenthood In Maine Following The Law Court's Decision In Pitts V. Moore, Samuel Johnson 2017 University of Maine School of Law

Are You My Mother? A Critique Of The Requirements For De Facto Parenthood In Maine Following The Law Court's Decision In Pitts V. Moore, Samuel Johnson

Maine Law Review

Are you my mother? The answer to this question may not have been very difficult to ascertain years ago, however it is not so easily answered today. With advancements in technology, shifts in family structures, and changes in social norms, new legal issues pertaining to parental rights have materialized. The right to raise a child as one sees fit is one of the oldest fundamental rights recognized and protected by the United States Constitution. However, courts are now being asked to consider the rights of “legal strangers” at the expense of the biological or legal parent. One method that a ...


From Orphans To Families In Crisis: Parental Rights Matters In Maine Probate Courts, Deirdre M. Smith 2017 University of Maine School of Law

From Orphans To Families In Crisis: Parental Rights Matters In Maine Probate Courts, Deirdre M. Smith

Maine Law Review

This Article examines the sources of the contemporary problems associated with the adjudication of parental rights matters in Maine's probate courts and identifies specific reforms to address both the structural and substantive law problems. The Article first reviews the development of Maine's probate courts and their jurisdiction over parental rights matters. It traces the expansion of jurisdiction over children and families from a limited role incidental to the administration of a decedent's estate to the current scope—a range of matters that may result in the limitation, suspension, or termination of the rights of living parents. Maine ...


The Finney County, Kansas Community Assessment Process: Fact Book, Debra J. Bolton PhD, Shannon L. Dick M.S. 2017 Kansas State University

The Finney County, Kansas Community Assessment Process: Fact Book, Debra J. Bolton Phd, Shannon L. Dick M.S.

Dr. Debra Bolton

This multi-lingual/multi-cultural study was called, Community Assets Processt, by the groups that “commissioned” it: Finnup Foundation, Finney County K-State Research & Extension, Western Kansas Community Foundation, Finney County United Way, Finney County Health Department, United Methodist Community Health Center (UMMAM), Center for Children and Families, Garden City Recreation Commission, and the Garden City Cultural Relations Board, because we intend for this to be an ongoing discussion. An objective, for those promoting the study, was to connect foundation, state, and federal funding with activities or services that addressed the true needs of people living in Finney County. The group was looking for data that would offer insights on ways to address the needs of diverse audiences through human services agencies, County Extension, the schools, churches, and other entities working with community members of Finney County. Initially, an online survey was sent to directors of Finney County’s human service organization/agencies and schools. Directors were asked what sorts of data were required to help them quantify the needs of their client/customer bases. It was from those responses that the committee designed the survey instrument. The objective of the resulting survey instrument was to gather data that would: Identify resources available in Finney County (a Minority-majority county) Identify services needed in the community Capture information regarding well-being of people in Finney County Feature General Demographic (gender, age, race/ethnicity, education, household income) Length of years lived in Finney County Primary and secondary languages spoken at home (the survey was conducted in four (4) languages) Educational needs Health questions (insurance, health conditions, mental health, medical care, etc.) Social and health needs; and Questions to measure community engagement and social involvement Target individuals and groups of varying ages, socio-economic backgrounds, ethnic backgrounds, and religious affiliations. Target survey respondents 18 years or older Keep survey respondents’ identities confidential since the study was approved by Kansas State University’s Institutional Review Board for compliance in Research with Human Subjects. Data were gathered from about 1% of Finney County’s population through surveys and focus groups conducted in four languages better to understand the ...


Spatial Language, Question Type, And Young Children's Ability To Describe Clothing: Legal And Developmental Implications, Stacia N. Stolzenberg, Kelly McWilliams, Thomas D. Lyon 2017 Arizona State University

Spatial Language, Question Type, And Young Children's Ability To Describe Clothing: Legal And Developmental Implications, Stacia N. Stolzenberg, Kelly Mcwilliams, Thomas D. Lyon

University of Southern California Legal Studies Working Paper Series

Children’s descriptions of clothing placement and touching with respect to clothing are central to assessing child sexual abuse allegations. This study examined children’s ability to answer the types of questions attorneys and interviewers typically ask about clothing, using the most common spatial terms (on/off, outside/inside, over/under). Ninety-seven 3- to 6-year-olds were asked yes/no (e.g. “Is the shirt on?”), forced-choice (e.g., “Is the shirt on or off?”), open-choice (e.g., “Is the shirt on or off or something else?”), or where questions (e.g., “Where is the shirt?”) about clothing using a human ...


Investigative Interviewing Of The Child, Thomas D. Lyon 2017 University of Southern California

Investigative Interviewing Of The Child, Thomas D. Lyon

University of Southern California Legal Studies Working Paper Series

This chapter reviews best practice interviewing for legal practitioners and others who work with children.


Tradition And Culture In Africa: Practices That Facilitate Trafficking Of Women And Children, Norah Hashim Msuya 2017 Mzumbe University

Tradition And Culture In Africa: Practices That Facilitate Trafficking Of Women And Children, Norah Hashim Msuya

Dignity: A Journal on Sexual Exploitation and Violence

Many states in Africa have adopted legislative, administrative and institutional measures to combat trafficking in human beings. These measures include, among other things, the formulation and implementation of both national and regional action plans by African states to provide for comprehensive and coordinated interventions. Many African countries have also enacted an anti-trafficking legislation at the country level. Despite these measures, African women and children have been trafficked annually worldwide for purposes of forced labor, sexual exploitation, and domestic servitude. Additionally, women and children are trafficked within their countries from rural to urban areas. Misconception and abuse of African tradition and ...


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