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Ks Pop Celebrating Three Years Of Tech-Driven Justice For All, Ayyoub Ajmi 2024 University of Missouri - Kansas City, School of Law

Ks Pop Celebrating Three Years Of Tech-Driven Justice For All, Ayyoub Ajmi

Faculty Works

This article explores the development and impact of the Kansas Protection Order Portal (KS POP), highlighting the vital role of law librarians in the portal's design and implementation. The article showcases how KS POP has streamlined the legal process for domestic violence, sexual assault, and human trafficking victims in Kansas, marking a significant advancement in accessible legal support and serving as a model for future innovations in the justice system.


A (Not-So) “Minor” Application Of The “Spousal Standing” Exception To Georgia’S Wrongful Death Act, Kelly N. LaFleur 2024 Mercer University School of Law

A (Not-So) “Minor” Application Of The “Spousal Standing” Exception To Georgia’S Wrongful Death Act, Kelly N. Lafleur

Mercer Law Review

The death of a loved one is a tragedy, especially when allegations of wrongdoing exist surrounding the death, and the decision to bring a lawsuit is a deeply personal matter. But who bears the burden of making that decision—the deceased’s spouse, their child, or another loved one? The answer may depend on the court’s application of equitable principles to preserve the claim.

Georgia’s Wrongful Death Act grants a decedent’s surviving spouse the right to pursue a wrongful death claim. In the event there is no surviving spouse, that right is granted to the decedent’s “child or children, either minor or …


A Parent's Guide To Social Media Safety, Catherine Grimley 2024 University of Florida Levin College of Law

A Parent's Guide To Social Media Safety, Catherine Grimley

Gator TeamChild Juvenile Law Clinic

The goal of this White Paper is to provide parents and other caregivers with a compilation of literature from some of the most popular social media platforms in one convenient place. It aims to help parents understand what parental controls and account settings are available, so they can facilitate important conversations with their teens regarding social media safety.


The Epistemic Injustice Of Algorithmic Family Policing, Stephanie K. Glaberson 2024 University of California, Irvine School of Law

The Epistemic Injustice Of Algorithmic Family Policing, Stephanie K. Glaberson

UC Irvine Law Review

The child welfare system is the system through which U.S. state authorities identify and intervene in families seen as posing a risk of abuse or neglect to their children. Impacted families, advocates, and scholars have joined in a growing chorus in recent years, demonstrating how this system—which many now refer to as the “family policing” system—destroys families and communities as opposed to supporting them. Many now call for the system’s abolition, arguing that the system, while masquerading as one of care and benevolence, is in fact an integral part of the carceral web constituted by criminal policing, prisons, jails, and …


Presuming Parentage Without The Intent To Parent (And Vice Versa), Grace Palcic 2024 University of California, Irvine School of Law

Presuming Parentage Without The Intent To Parent (And Vice Versa), Grace Palcic

UC Irvine Law Review

As a result of the women’s rights movements of the twentieth century, the law shifted the origin of family creation from the married man to the person who gave birth, resulting in the presumption of maternity as the law has now. This Note explores how the presumption of maternity fails to provide legal recognition to nontraditional families—including families who use Assisted Reproductive Technology, same-sex parents, and unmarried parents—and how it furthers gender and sex-based norms within a family, parenting, and marriage. In response, the Note identifies the underlying justification to the modern presumption of parentage: the belief that a person …


Fear Of Love And Loving In India, Sarasu Esther Thomas 2024 National Law School of India University, Bengaluru

Fear Of Love And Loving In India, Sarasu Esther Thomas

Popular Media

Excerpt:

It is unthinkable that marriages and live-in relationships between adults should become so regimented by the State. This is a violation of constitutional and human rights to have adult agency appropriated by the state and non-state actors. This insidious creeping of the paternalistic State into romantic and intimate relationships of consenting adults does not show any signs of ebbing. It reflects increased polarisation and merges moral policing with the law.


5th Annual Women In Law Leadership Lecture, Roger Williams University School of Law 2024 Roger Williams University

5th Annual Women In Law Leadership Lecture, Roger Williams University School Of Law

School of Law Conferences, Lectures & Events

No abstract provided.


Alternative Dispute Resolution In Montana: A Catalog Of The Local Rules In Montana District Courts, Brianna Anderson, Brock Flynn 2024 Alexander Blewett III School of Law at the University of Montana

Alternative Dispute Resolution In Montana: A Catalog Of The Local Rules In Montana District Courts, Brianna Anderson, Brock Flynn

Student Scholarship

A catalog of the Local ADR Rules for the Montana Judicial District Courts, including rules about settlement conferences, mediation, and informal domestic relations trials.


The Real Wrongs Of Icwa, James G. Dwyer 2024 William & Mary Law School

The Real Wrongs Of Icwa, James G. Dwyer

Faculty Publications

Haaland v. Brackeen rejected federalism-based challenges to the Indian Child Welfare Act (ICWA) but signaled receptivity to future challenges based on individual rights. The adult-focused rights claims presented in Haaland, however, miss the mark of what is truly problematic about ICWA. This Article presents an in-depth, children’s-rights based critique of the Act, explaining how it violates a fundamental right against state exertion of power over central aspects of persons’ private lives to their detriment for illicit purposes. In fact, the Act’s defenders are complicit in the same sort of government violence that motivated ICWA’s enactment—erasing aspects of children’s heritage …


Children Seen But Not Heard, Stacey B. Steinberg 2024 University of Florida Levin College of Law

Children Seen But Not Heard, Stacey B. Steinberg

UF Law Faculty Publications

Children are expected to abide by the will of their parents. In the last 200 years, American jurisprudence has given parents the ability to control their children’s upbringing with few exceptions. The principle governing this norm is that parents know best and will use their better knowledge to protect their children’s welfare.

The COVID-19 pandemic, public school rules, and children’s privacy laws offer modern examples of regulations in which the interests of parents and children may not align. Minors may want access to vaccines, despite a parent’s refusal to sign a consent form. Minors may want to talk to their …


Family Law Society Networking Night!, Cardozo Family Law Society 2024 Yeshiva University, Cardozo School of Law

Family Law Society Networking Night!, Cardozo Family Law Society

Flyers 2023-2024

No abstract provided.


Kidfluencers: New Child Stars In Need Of Protection, MiKayla B. Jayroe 2024 University of Arkansas, Fayetteville

Kidfluencers: New Child Stars In Need Of Protection, Mikayla B. Jayroe

Arkansas Law Review

Despite the explosive growth of social media and various lobbying efforts, the legal system has fallen woefully behind in extending labor protections to children engaged in social media production. This Comment will offer a solution to the current gray area surrounding kidfluencers and the lack of protections they are afforded. First, this Comment will discuss the emergence and growth of the kidfluencer industry and explore the legal history of child labor laws in the United States, specifically evaluating protections historically provided to child actors. Second, this Comment will explain why posts by kidfluencers should be considered work, explore the harms …


Regulating Social Media Through Family Law, Katharine B. Silbaugh, Adi Caplan-Bricker 2024 Boston University School of Law

Regulating Social Media Through Family Law, Katharine B. Silbaugh, Adi Caplan-Bricker

Faculty Scholarship

Social media afflicts minors with depression, anxiety, sleeplessness, addiction, suicidality, and eating disorders. States are legislating at a breakneck pace to protect children. Courts strike down every attempt to intervene on First Amendment grounds. This Article clears a path through this stalemate by leveraging two underappreciated frameworks: the latent regulatory power of parental authority arising out of family law, and a hidden family law within First Amendment jurisprudence. These two projects yield novel insights. First, the recent cases offer a dangerous understanding of the First Amendment, one that should not survive the family law reasoning we provide. First Amendment jurisprudence …


Family Treatment Courts In Rural Settings, Alissa Hendricks, John LePage 2024 University of Missouri-Kansas City School of Law

Family Treatment Courts In Rural Settings, Alissa Hendricks, John Lepage

UMKC Law Review

Missouri courts deal in hundreds of thousands of cases each year that involve money, property, and crime, but no category of cases is more important than those dealing with the safety and welfare of children. The collaborative model of family treatment courts was created out of the passion for this responsibility to children and to the families of this state.

Family treatment courts evolved from the adult drug court model, where collaborative efforts found success within the criminal justice system. Family treatment courts are now one of the most expansive improvements conducted in the judicial, child welfare, substance use disorder …


Kansas City Municipal Court's Domestic Violence Court Programming, Courtney A. Wachal, Gerald Sorensen, Jenna Phelps, Nephateri Hill 2024 University of Missouri-Kansas City School of Law

Kansas City Municipal Court's Domestic Violence Court Programming, Courtney A. Wachal, Gerald Sorensen, Jenna Phelps, Nephateri Hill

UMKC Law Review

The Kansas City Municipal Domestic Violence Court identifies cases as domestic violence if they involve intimate partner violence, violations of protective order, interfamily violence, or cases where there is a child witness. This court manages a large caseload of domestic violence violations that vary widely in the severity of the charges and the levels of violence.

The Kansas City Municipal Domestic Violence Court has prioritized their probation resources by focusing services on those cases that are most in need of supervision and on those cases most likely to be receptive to services. This article will discuss The Compliance Docket and …


Asymmetry Of Representation In Poor People’S Courts, Tonya L. Brito, Daniela Campos Ugaz 2024 University of Wisconsin Law School

Asymmetry Of Representation In Poor People’S Courts, Tonya L. Brito, Daniela Campos Ugaz

Fordham Law Review

This Essay examines the asymmetry of representation in poor people’s courts, specifically in child support enforcement cases involving the State. The asymmetry of representation is a common occurrence in various civil law fields, but it is notably prominent in family law, which has the highest number of unrepresented parties. As one of the authors has previously explained, we use “poor people’s courts” to refer to state civil courts that hear family, housing, administrative, and consumer cases. These courts present severe challenges to the civil justice system because they are characterized by a substantial volume of cases, socioeconomically disadvantaged litigants, and …


Best Interests Of The Child And Expanding Family, Stephanie L. Tang 2024 University of California, Irvine School of Law

Best Interests Of The Child And Expanding Family, Stephanie L. Tang

UC Irvine Law Review

“Out of choice, necessity, or a sense of family responsibility, it has been common for close relatives to draw together and participate in the duties and the satisfactions of a common home.”

—Moore v. City of East Cleveland1

All fifty states have adopted the “best interests of the child” standard governing initial child custody determinations. However, the wide judicial discretion accompanying this broad standard has resulted in disparate application across custody cases nationwide. These disparities are particularly prevalent in cases where children have a significant connection with extended family members or nonparent caregivers.

As of 2017, a third of …


Decreasing The United States’ Maternal Mortality Rate: Using Policies Of Other High-Income Countries As A Model, Leah Frattellone 2024 Elisabeth Haub School of Law

Decreasing The United States’ Maternal Mortality Rate: Using Policies Of Other High-Income Countries As A Model, Leah Frattellone

Pace International Law Review

The United States has the highest maternal mortality rate among high-income countries. This article focuses on policies the United States can implement to decrease the maternal mortality rate, with a focus on access to abortion, the standard of care for pregnant women and new mothers, access to healthcare, and family leave. This article also explores policies surrounding those areas in other high-income countries and analyzes the differences in both the actual policies and the outcomes of those policies. To effectively decrease the maternal mortality rate in the United States, policies from other high-income countries, with lower maternal mortality rates should …


Uttarakhand Ucc Pits Vulnerable Young Couples Against The Might Of The State, Sarasu Esther Thomas 2024 National Law School of India University

Uttarakhand Ucc Pits Vulnerable Young Couples Against The Might Of The State, Sarasu Esther Thomas

Popular Media

On 7 February 2024, the Uttarakhand Assembly passed the Uniform Civil Code (UCC) Bill. In this article, Prof. (Dr.) Sarasu Esther Thomas unpacks its provisions along with their legal and social implications.


Not Even A Federal Judge Can Make Texas Protect Kids, Patrick Michels, Matthew Fraidin 2024 Texas Monthly

Not Even A Federal Judge Can Make Texas Protect Kids, Patrick Michels, Matthew Fraidin

UDC Law Faculty in the News

In a thirteenth-floor courtroom in downtown Dallas, Jackie Juarez took the witness stand to testify about years of mistreatment under the system that raised her. Now eighteen years old, she stood a little over four and a half feet tall, with dark curls that fell atop a long, cream-colored cardigan. She pulled By Patrick Michels the microphone close as she spoke. At eleven years old, she had been placed in the state’s custody, for reasons that remain confidential. She was removed from a group home after reporting inappropriate text messages from a male staffer—he remained employed at the facility, while …


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