Family Courts Are Here To Stay, So Let's Improve Them, 2014 University of Baltimore School of Law
Family Courts Are Here To Stay, So Let's Improve Them, Barbara A. Babb
Articles
The article presents a commentary in response to the White Paper of the Institute for the Advancement of the American Legal System's Honoring Families Initiative on the court and separating and divorcing families. Topics include the mission, function and structure of family courts, therapeutic jurisprudence, and the design of a unified family court. It also discusses the ecology of human development.
Who Are The Mothers Who Need Safe Haven Laws? An Empirical Investigation Of Mothers Who Kill, Abandon, Or Safely Surrender Their Newborns, 29 Wis. J.L. Gender & Soc'y 213 (2014), 2014 John Marshall Law School
Who Are The Mothers Who Need Safe Haven Laws? An Empirical Investigation Of Mothers Who Kill, Abandon, Or Safely Surrender Their Newborns, 29 Wis. J.L. Gender & Soc'y 213 (2014), Diane S. Kaplan
UIC Law Open Access Faculty Scholarship
Who are the Mothers who kill their infants at birth? Why do they kill? How do they kill? Once the infant is disposed of, what becomes of the Mother? Neonaticide is the killing of a newborn within the first twenty-four hours of birth. In response to the discovery of thirteen abandoned newborns, Texas passed the first Safe Haven law in 1999. Within nine years, all states enacted similar laws. The purpose of Safe Haven Laws is to deter neonaticidal behaviors by allowing Mothers who are bearing unwanted pregnancies to legally surrender their newborns with anonymity and immunity from prosecution. The …
Twilight: The Unveiling Of Victims, Stalking, And Domestic Violence, 21 Cardozo J. L. & Gender 39 (2014), 2014 John Marshall Law School
Twilight: The Unveiling Of Victims, Stalking, And Domestic Violence, 21 Cardozo J. L. & Gender 39 (2014), Susan L. Brody
UIC Law Open Access Faculty Scholarship
No abstract provided.
The Policing Of Religious Marriage Prohibitions In Israel: Religion, State, And Information Technology, 31 J. Marshall J. Info. Tech. & Privacy L. 23 (2014), 2014 UIC School of Law
The Policing Of Religious Marriage Prohibitions In Israel: Religion, State, And Information Technology, 31 J. Marshall J. Info. Tech. & Privacy L. 23 (2014), Akiva Miller
UIC John Marshall Journal of Information Technology & Privacy Law
The State of Israel applies religious law in all matters of marriage and divorce. For the Jewish population of Israel, the law of marriage includes religious prohibitions on certain kinds of marriages, most notably the prohibition against intermarriage and the prohibition against marrying a mamzer. Over the years, Israel‘s state-religious authorities have adopted a variety of methods and practices for policing these prohibitions. These include stringent procedures for premarital registration inquiries; use of databases for collecting information on prohibited persons; recording the possibility of mamzer status of newborn children; special Beit Din proceedings for handling cases of possible marriage prohibitions; …
California’S Eavesdropping Law Endangers Victims Of Domestic Violence, 31 J. Marshall J. Info. Tech. & Privacy L. 57 (2014), 2014 UIC School of Law
California’S Eavesdropping Law Endangers Victims Of Domestic Violence, 31 J. Marshall J. Info. Tech. & Privacy L. 57 (2014), John E.B. Myers
UIC John Marshall Journal of Information Technology & Privacy Law
No abstract provided.
Setting Parental Controls: Do Parents Have A Duty To Supervise Their Children’S Use Of The Internet?, 31 J. Marshall J. Info. Tech. & Privacy L. 309 (2014), 2014 John Marshall Law School
Setting Parental Controls: Do Parents Have A Duty To Supervise Their Children’S Use Of The Internet?, 31 J. Marshall J. Info. Tech. & Privacy L. 309 (2014), Alberto Bernabe
UIC John Marshall Journal of Information Technology & Privacy Law
No abstract provided.
Comments: What's Yours Is Ours? Gamete Donation In The Marital Context: Why Courts And Legislatures Should Not Interfere With An Individual's Fundamental Right To Privacy, 2014 University of Baltimore School of Law
Comments: What's Yours Is Ours? Gamete Donation In The Marital Context: Why Courts And Legislatures Should Not Interfere With An Individual's Fundamental Right To Privacy, Emily K. Alt
University of Baltimore Law Review
No abstract provided.
Comments: Newborn Screening Programs And Privacy: Shifting Responsibility From The Parent To The Laboratory, 2014 University of Baltimore School of Law
Comments: Newborn Screening Programs And Privacy: Shifting Responsibility From The Parent To The Laboratory, Michael D. Leeb
University of Baltimore Law Review
No abstract provided.
Two Dads Are Better Than One: The Supreme Court Of Virginia's Decision In L.F. V. Breit And Why Virginia's Assisted Conception Statute Should Allow Gay Couples To Legally Parent A Child Together, 2014 University of Richmond
Two Dads Are Better Than One: The Supreme Court Of Virginia's Decision In L.F. V. Breit And Why Virginia's Assisted Conception Statute Should Allow Gay Couples To Legally Parent A Child Together, Lauren Maxey
Law Student Publications
This comment examines whether gay men can have a child through a surrogacy arrangement in Virginia and whether gay men can retain parental rights through surrogacy contracts under the Virginia Assisted Conception Act. The Virginia laws affect gay males and gay females equally, but this comment addresses the issues arising with same-sex couples in the context of gay dads. Part II provides a background of surrogacy and specifically discusses surrogacy in relation to same-sex couples. Part III provides a general background of adoption and the establishment of parentage rights. Part IV describes the Assisted Conception Act, the legislative history of …
Abolish Anonymous Reporting To Child Abuse Hotlines, 2014 University of Richmond
Abolish Anonymous Reporting To Child Abuse Hotlines, Dale Margolin Cecka
Law Faculty Publications
Part I of this Article traces the history of child abuse reporting hotlines. Part II describes the current law and practice behind child abuse reporting hotlines. Part III examines why anonymous reporting by the public is unnecessary and highly susceptible to abuse. Part IV analyzes the constitutional rights at stake in anonymous reporting, citing federal case law that contradicts current practice. Part V concludes with a proposal to abolish anonymous reporting and require all public reporting hotlines to adhere to published, written policies.
The Exploratory Study Of Custody And Visitation Rights For Children In Same-Sex Families, 2014 American Bar Association
The Exploratory Study Of Custody And Visitation Rights For Children In Same-Sex Families, Valencia T. Johnson
The Modern American
No abstract provided.
Introduction: Invited Essays On The Implications Of Windsor And Perry, 2014 Maurer School of Law: Indiana University
Introduction: Invited Essays On The Implications Of Windsor And Perry
Indiana Law Journal
No abstract provided.
Standing To Appeal And Executive Non-Defense Of Federal Law After The Marriage Cases, 2014 Indiana University Maurer School of Law - Bloomington
Standing To Appeal And Executive Non-Defense Of Federal Law After The Marriage Cases, Ryan W. Scott
Indiana Law Journal
Essays on the Implications of Windsor and Perry
Is The Full Faith And Credit Clause Still "Irrelevant" To Same-Sex Marriage?: Toward A Reconsideration Of The Conventional Wisdom, 2014 Indiana University Maurer School of Law
Is The Full Faith And Credit Clause Still "Irrelevant" To Same-Sex Marriage?: Toward A Reconsideration Of The Conventional Wisdom, Steve Sanders
Indiana Law Journal
Essays on the Implications of Windsor and Perry
The Case For Mandatory Training On Screening For Domestic Violence In The Wake Of The Affordable Care Act, 2014 Florida State University College of Law
The Case For Mandatory Training On Screening For Domestic Violence In The Wake Of The Affordable Care Act, Nat Stern, Karen Oehme
Scholarly Publications
No abstract provided.
Is Japan Ready To Legalize Same-Sex Marriage?, 2014 Cornell Law School, LL.M. 2014
Is Japan Ready To Legalize Same-Sex Marriage?, Yuki Arai
Cornell Law School LL.M. Student Research Papers
Marriage is one of the most significant stages in one’s life. For many decades, gays and lesbians have been excluded from the legal institution of marriage solely because of their sexual orientation. However, the situation concerning same-sex marriage has drastically changed in many societies including the U.S. in the past several years. This recent wave of the opening of same-sex marriage has yet to reach my home country, Japan. In Japanese society where no religion opposing to same-sex activity is influential, gays and lesbians have not been persecuted criminally or religiously, which caused the absence of gay and lesbian rights …
The Contractualization Of Family Law In The United States, 2014 American University Washington College of Law
The Contractualization Of Family Law In The United States, Fernanda Nicola, Adrienne Hunter Jules
Articles in Law Reviews & Other Academic Journals
No abstract provided.
Conferring Dignity: The Metamorphosis Of The Legal Homosexual, 2014 St. John's University School of Law
Conferring Dignity: The Metamorphosis Of The Legal Homosexual, Noa Ben-Asher
Faculty Publications
The legal homosexual has undergone a dramatic transformation over the past three decades, culminating in United States v. Windsor, which struck down Section 3 of the Defense of Marriage Act (DOMA). In 1986, the homosexual was a sexual outlaw beyond the protection of the Constitution. By 2013, the homosexual had become part of a married couple that is “deemed by the State worthy of dignity.” This Article tells the story of this metamorphosis in four phases. In the first, the “Homosexual Sodomite Phase,” the United States Supreme Court famously declared in Bowers v. Hardwick that there was no right …
Bio Family 2.0: Can The American Child Welfare System Finally Find Permanency For 'Legal Orphans' With A Statute To Reinstate Parental Rights?, 2014 Rutgers School of Law - Camden
Bio Family 2.0: Can The American Child Welfare System Finally Find Permanency For 'Legal Orphans' With A Statute To Reinstate Parental Rights?, Meredith L. Schalick
University of Michigan Journal of Law Reform
The American child welfare system terminates parental rights for thousands of children each year even though adoptive families have not yet been identified for the children. Every year, there are more than 100,000 of these “legal orphans” waiting for new families. Given the lower rates of adoptions for children of color and older children, and the poor outcomes for most youth who age out of the foster care system, the American child welfare system must start to think differently about permanency options for children. This Article proposes a model statutory provision to reinstate parental rights under certain circumstances to give …
Canon 1095 And The Dignitas Connubii: The Role Of Consent, Incapacity, And Psychic Anomalies In Cases Of Matrimonial Nullity, 2014 St. Mary's University School of Law
Canon 1095 And The Dignitas Connubii: The Role Of Consent, Incapacity, And Psychic Anomalies In Cases Of Matrimonial Nullity, Roberto Rosas
Faculty Articles
This Article will focus on the following points: (1) the essential elements of marriage; (2) the basic principle of matrimonial consent; (3) the nature of consent; (4) acts through which consent is formed; (5) matrimonial nullity in Canon Law; (6) Canon Law and the Dignitas Connubil (Dignitas); and (7) recent jurisprudence concerning matrimonial nullity. It aims to shed light and clarify paragraphs 2 and 3 of Canon 1095 of the Code by making clear how the causes of defect of discretion of judgment and the inability to assume the essential obligations due to some sort of psychic disorder or anomaly …