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5,885 full-text articles. Page 118 of 131.

Children's Rights And Relationships: A Legal Framework, Francine Sherman, Hon. Jay Blitzman 2010 Boston College Law School

Children's Rights And Relationships: A Legal Framework, Francine Sherman, Hon. Jay Blitzman

Francine T. Sherman

This chapter provides an overview of United States children’s law, framed both in terms of autonomy-based and needs-based rights, and by the legal dynamic among child, parent, and state. The chapter highlights the law of juvenile justice and child welfare systems, and also examines law relevant to education and health care, two central institutions for children. The chapter proceeds ecologically, acknowledging that children’s lives, including their legal lives, are related to their families, communities, and the social institutions surrounding them. As such the chapter provides a readable introduction to children’s relationship with the law for both lawyers ...


Educational Justice And The Recognition Of Marriage, Scott FitzGibbon 2010 Boston College Law School

Educational Justice And The Recognition Of Marriage, Scott Fitzgibbon

Scott T. FitzGibbon

No abstract provided.


Finding Home In The World: A Deontological Theory Of The Right To Be Adopted, Paulo Barrozo 2010 Boston College Law School

Finding Home In The World: A Deontological Theory Of The Right To Be Adopted, Paulo Barrozo

Paulo Barrozo

Because of the continued dominance of consequentialist views, the deontological paradigm that emerges in the form of a human rights approach to adoption faces two major and partially connected obstacles. First, and despite the fact that the human rights approach has found compelling advocates, its jurisprudential basis has yet to be fully articulated. And in part because of insufficient theorization, the emerging deontological adoption is constantly at risk of being rhetorically and practically subsumed or engulfed by the resilient consequentialist-cum-charity paradigm. This article addresses these two obstacles, laying out the foundations of a deontological theory of adoption.After the Introduction ...


The Role Of Gender In Youth Systems: Grace's Story, Francine Sherman, Jessica Greenstone 2010 Boston College Law School

The Role Of Gender In Youth Systems: Grace's Story, Francine Sherman, Jessica Greenstone

Francine T. Sherman

This chapter —written from a legal and developmental perspective —describes the experiences of ‘‘Grace,’’ a teenage girl involved with multiple public systems, including juvenile justice. Through detailed analysis of primary interview data with Grace and others responsible for her care and supervision, and of court case material. The chapter sheds light on how Grace’s actions were interpreted and the responses they evoked. The case study includes recommendations for implementing gender-responsive principles across these systems.


International Legal Developments In Review: Family Law, Robert Spector, Brad Lechman-Su 2010 University of Oklahoma Norman Campus

International Legal Developments In Review: Family Law, Robert Spector, Brad Lechman-Su

Robert G. Spector

No abstract provided.


Only One Mommy: A Woman's Battle For Her Life, Her Daughter, And Her Freedom, Rena Lindevaldsen 2010 Liberty University

Only One Mommy: A Woman's Battle For Her Life, Her Daughter, And Her Freedom, Rena Lindevaldsen

Rena M Lindevaldsen

Only One Mommy exposes the truth about the homosexual rights movement and its destructive consequences. Written from the vantage point of Lisa Miller's seven-year custody battle for her biological child against her former same-sex partner, Only One Mommy offers a first-hand account of how people are lured into believing that they are born "gay" and cannot change. As a result of that belief, they make life choices that have devastating consequences for our children, families, and freedom.

This book offers truth to those struggling with homosexuality, encourages churches to minister to those caught in the lifestyle, and stirs freedom-loving ...


Oklahoma Family Law: The Handbook, Robert Spector 2010 University of Oklahoma Norman Campus

Oklahoma Family Law: The Handbook, Robert Spector

Robert G. Spector

No abstract provided.


Oklahoma Family Law: Statutes And Rules Annotated, Robert Spector, Carolyn Thompson, D. Blair 2010 University of Oklahoma Norman Campus

Oklahoma Family Law: Statutes And Rules Annotated, Robert Spector, Carolyn Thompson, D. Blair

Robert G. Spector

No abstract provided.


Irrational Women: Informed Consent And Abortion Regret, Maya Manian 2010 University of San Francisco School of Law

Irrational Women: Informed Consent And Abortion Regret, Maya Manian

Maya Manian

This chapter explores the law’s failure in the twenty-first century to treat pregnant women as capable of making their own decisions concerning whether to have an abortion. The Supreme Court’s 2007 decision in Gonzales v. Carhart, which upheld a federal ban on a type of second-trimester abortion that many physicians believe is safest for their patients, brought the question of women’s capacity for abortion decision-making to the forefront of public legal consciousness. In Carhart, the Court abandoned its previous deference and respect for a woman’s right to be her own decision-maker with regard to abortion and ...


Juvenile Justice: Advancing Research, Policy, And Practice, Francine Sherman, Francine Jacobs 2010 Boston College Law School

Juvenile Justice: Advancing Research, Policy, And Practice, Francine Sherman, Francine Jacobs

Francine T. Sherman

This accessible, edited volume reflects the multiplisciplinary, multisectoral nature of juvenile justice, including chapters by leaders in the fields of child development, law, public health, education, advocacy, and public administration. The voices of scholars, parents, administrators, and youth are woven into its fabric; it offers several complementary theoretical lenses through which to understand the behavior of youth involved with the juvenile justice system, and provides a range of promising and proven practical approaches to juvenile justice policy, programming, and evaluation.

The book is organized ecologically into four sections: Framing the Issues, Understanding Individual Youth, Understanding Youth in Context, and Working ...


Parent, Child, Husband, Wife: When Recognition Fails, Tragedy Ensues, Scott FitzGibbon 2010 Boston College Law School

Parent, Child, Husband, Wife: When Recognition Fails, Tragedy Ensues, Scott Fitzgibbon

Scott T. FitzGibbon

This article briefly notes some developments in the law and society of our present age regarding the understanding — the recognition — of marriage, fatherhood, motherhood, and the family. The article warns against a certain casualness, a confusion, perhaps even a certain promiscuity of thought, that has occasionally emerged in the law. Drawing on Sophocles' drama Oedipus the King and on the scriptural narrative of David and Bathsheba, the article investigates what might be called the "moral location" of the activity of recognition. It proposes that recognition of basic family forms is a process with a deep dimension. It apprehends that failure ...


Oklahoma Family Law: Cases And Materials, Robert Spector 2010 University of Oklahoma Norman Campus

Oklahoma Family Law: Cases And Materials, Robert Spector

Robert G. Spector

No abstract provided.


Polygamy, Publicity, And Locality: The Place Of The Public In Marriage Practice, Allison Anna Tait 2010 Columbia Law School

Polygamy, Publicity, And Locality: The Place Of The Public In Marriage Practice, Allison Anna Tait

Allison Anna Tait

A detailed reading of the Mormon plural marriage case of Holm v. Utah uncovers the significant role that visual indicators play in modern marriage law and generates a set of initial questions about the relationship between marriage practice and public performance. Traditional publicity requirements, such as endowment at the church door, wedding banns, and wedding announcements, all confirm the historical role and importance of publicity in marriage regulation and wedding ritual. Publicity requirements serve multiple purposes – evidentiary, status-granting, accountability enabling – and also highlight the importance of community, audience and locality to marriage status. The local is particularly important because ceremonies ...


"Trophy Husbands" And "Opt-Out" Moms, Beth A. Burkstrand-Reid 2010 University of Nebraska College of Law

"Trophy Husbands" And "Opt-Out" Moms, Beth A. Burkstrand-Reid

Beth A. Burkstrand-Reid

Women were not the only ones opting out. Nearly one year before The New York Times in its article “The Opt-Out Revolution” showcased highly educated, upwardly mobile women opting out of paid work for the lure of staying at home, Fortune magazine had already reported that some men, which it coined “trophy husbands,” had been doing the same. “Trophy husbands” were presented as leaving paid work by choice, like their later opt-out counterparts. Opt-out moms and trophy husbands—as described in these two germinal stories—have much in common. While, on the surface, the actions of these mothers and fathers ...


Judging Parents, Judging Place: Termination Of Parental Rights In Rural America, Lisa R. Pruitt, Janet L. Wallace 2010 University of California, Davis

Judging Parents, Judging Place: Termination Of Parental Rights In Rural America, Lisa R. Pruitt, Janet L. Wallace

Lisa R Pruitt

Parents are constantly judged, by fellow parents and by wider society. But the consequences of judging parents sometimes extend beyond community reputation and social status. When law and legal institutions get involved, such judgments may result in the termination of parental rights. In these legal contexts, parents’ merits as parents are typically assessed in relation to a wide array of their decisions and actions, including where they live.

Among those judged harshly in relation to geography are impoverished parents who live in rural places. Yet judgments of these parents are particularly unfair in that poor rural parents often do not ...


Disability And Designer Babies, Brigham A. Fordham 2010 Arizona Summit Law School

Disability And Designer Babies, Brigham A. Fordham

Brigham A Fordham

If deaf parents purposely use new genetic technologies to give their child the genes for deafness, have the parents harmed the child? This and similar questions regarding parents who make genetic choices in favor of disability have preoccupied much of the scholarship regarding new artificial reproductive technologies. Some have argued that we should determine whether a child has been harmed by pondering whether the child's "right to an open future" has been violated by the parents' genetic intervention. If that right is violated, some say, the parents should be subject to tort liability for inflicting a harm upon the ...


Judging Parents, Judging Place: Poverty, Rurality And Termination Of Parental Rights, Lisa R. Pruitt, Janet L. Wallace 2010 University of California, Davis

Judging Parents, Judging Place: Poverty, Rurality And Termination Of Parental Rights, Lisa R. Pruitt, Janet L. Wallace

Lisa R Pruitt

Parents are constantly judged, by fellow parents and by wider society. But the consequences of judging parents sometimes extend beyond community reputation and social status. When law and legal institutions get involved, such judgments may result in the termination of parental rights. In these legal contexts, parents’ merits as parents are typically assessed in relation to a wide array of their decisions and actions, including where they live.

Among those judged harshly in relation to geography are impoverished parents who live in rural places. Yet judgments of these parents are particularly unfair in that poor rural parents often do not ...


The State-Created Danger Doctrine In Domestic Violence Cases: Do We Have A Solution In Okin V. Village Of Cornwall-On-Hudson Police Department?, Atinuke O. Awoyomi 2010 Columbia University

The State-Created Danger Doctrine In Domestic Violence Cases: Do We Have A Solution In Okin V. Village Of Cornwall-On-Hudson Police Department?, Atinuke O. Awoyomi

Atinuke O Adediran

Violence perpetrated against women by intimate partners is a major societal problem and the dangers associated with domestic violence are well documented in the literature. This article discusses the availability of redress under the state-created danger doctrine for women who have suffered domestic violence in the hands of intimate partners. The United States Supreme Court in Deshaney v. Winnebago County Department of Social Services held that a state has no duty to protect its citizens from violence perpetrated by third parties. The state-created danger doctrine, which is an exception to the Deshaney rule, allows women who have suffered domestic violence ...


Teaching Controversial Topics, Beth A. Burkstrand-Reid 2010 University of Nebraska College of Law

Teaching Controversial Topics, Beth A. Burkstrand-Reid

Beth A. Burkstrand-Reid

At the 2009 Future of Family Law Education conference at the William Mitchell School of Law, the authors participated in a panel discussing strategies for teaching controversial topics, which focused on teaching reproductive rights and related gender issues. This essay collects some of the strategies discussed at the conference. First we address what constitutes a “controversial” legal topic, outlining the several different ways in which a topic might be or become controversial within the context of a particular class. Next, we discuss the importance of laying the groundwork, throughout the semester, for the anticipated—and unanticipated— discussions surrounding controversial topics ...


The More Things Change...: Abortion Politics And The Regulation Of Assisted Reproductive Technology, Beth A. Burkstrand-Reid 2010 University of Nebraska College of Law

The More Things Change...: Abortion Politics And The Regulation Of Assisted Reproductive Technology, Beth A. Burkstrand-Reid

Beth A. Burkstrand-Reid

Abortion and assisted reproductive technology (“ART”) may seem paradoxical in reproductive health: a woman seeks to terminate a pregnancy in the first, while a woman goes through herculean attempts to attain one in the latter. In fact, they share fundamental concerns: women’s health and autonomy. Both include medical procedures, with potential health risks and benefits, and both help a woman choose whether and when to become a mother. Abortion and ART share another commonality: when these issues enter public and political discourse, consideration of women’s health often recedes into the background.


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