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Enemy And Ally: Religion In Loving V. Virginia And Beyond, Leora F. Eisenstadt 2018 Fox School of Business, Temple University

Enemy And Ally: Religion In Loving V. Virginia And Beyond, Leora F. Eisenstadt

Fordham Law Review

Throughout the Loving case, religion appeared both overtly and subtly to endorse or lend credibility to the arguments against racial mixing. This use of religion is unsurprising given that supporters of slavery, white supremacy, and segregation have, for decades, turned to religion to justify their ideologies. Although these views are no longer mainstream, they have recently appeared again in arguments against same-sex marriage and gay and transgender rights generally. What is remarkable in the Loving case, however, is an alternate use of religion, not to justify white supremacy and segregation but instead to highlight the irrationality of its supporters’ claims ...


Standing In The Way Of Our Goals: How The Best Interest Of The Child (Whatever That Means) Is Never Reached In Texas Due To Lack Of Standing For Third-Party Parents, Jessica Nation Holtman 2018 Texas A&M University School of Law

Standing In The Way Of Our Goals: How The Best Interest Of The Child (Whatever That Means) Is Never Reached In Texas Due To Lack Of Standing For Third-Party Parents, Jessica Nation Holtman

Texas A&M Law Review

Currently in Texas, standing options for third-party nonparents seeking to file suits affecting the parent-child relationship (“SAPCRs”) are extremely limited. And, even though the standing options are codified, the evidence necessary to meet the threshold elements may be drastically different depending on the case’s location. These third parties, who have previously exercised parental responsibilities, must make showings to the court that most divorced parents could not make; and this is just for a chance to bring a claim in court. While this seems unfair, and Texas should absolutely resolve the split among its appellate courts, there is one extremely ...


Top-Down Or From The Ground?: A Practical Perspective On Reforming The Field Of Children And The Law, Cheryl Bratt 2018 Boston College Law School

Top-Down Or From The Ground?: A Practical Perspective On Reforming The Field Of Children And The Law, Cheryl Bratt

Boston College Law School Faculty Papers

Children get a raw deal in this country at the federal, state, and family levels. The law indisputably treats children in many limiting and paternalistic ways, typically designating them as objects to be controlled either by their parents or the government—two parties perpetually duking it out for authority. In their article, The New Law of the Child, 127 Yale L. J. 1448 (2018), Anne C. Dailey and Laura A. Rosenbury envision overhauling constitutional law to better promote children’s broader interests. Theirs is thus a top-down approach to change: by extending the Constitution to safeguard more robust rights for ...


Should Children Have A Voice In Custodial Placement?, Emily Moore 2018 St. John Fisher College

Should Children Have A Voice In Custodial Placement?, Emily Moore

The Review: A Journal of Undergraduate Student Research

The aim of this paper is to bring to attention the custodial placement of children with divorced parents. Essentially, this paper looks at the importance of involving the child in the process of deciding on a parenting schedule. This is done by examining how children are personally affected by this decision and arguments made to not involve children. Upon examination of these ideas, it becomes clear that during a divorce case children should be given the opportunity to share their opinion on the parenting schedule.


Low-Income Fathers, Adoption, And The Biology Plus Test For Paternal Rights, Lacey Johnson 2018 University of Arkansas, Fayetteville

Low-Income Fathers, Adoption, And The Biology Plus Test For Paternal Rights, Lacey Johnson

Arkansas Law Review

No abstract provided.


A Case For Revisiting The Child Welfare Act, Hannah Dudley 2018 Boston College Law School

A Case For Revisiting The Child Welfare Act, Hannah Dudley

Boston College Law Review

In 2017, in D.O. v. Glisson, the U.S. Circuit Court of Appeals for the Sixth Circuit held that the Child Welfare Act of 1980 (the “Act”) creates a privately enforceable right to foster care maintenance payments and that this right could be enforced by an individual through the use of § 1983. In a similar case, Midwest Foster Care and Adoption Ass’n v. Kincade, the Eighth Circuit held that the Act does not create a privately enforceable right and thus, could not be enforced through the use of 42 U.S.C. § 1983. This Comment argues that the ...


Home Sweet Home? Determining Habitual Residence Within The Meaning Of The Hague Convention, Morgan McDonald 2018 Boston College Law School

Home Sweet Home? Determining Habitual Residence Within The Meaning Of The Hague Convention, Morgan Mcdonald

Boston College Law Review

In becoming a signatory to The Hague Convention on International Child Abduction, the United States agreed to expeditiously return all internationally abducted children to the country of their habitual residence, such that that nation may determine the merits of any underlying custody disputes. The Convention failed, however, to instruct American courts as to how to determine a child’s habitual residence. This has resulted in a split among circuits as to whether habitual residence should be determined using objective evidence of the child’s perspective, subjective evidence of parental intent, or some combination. In 2017, the Eighth Circuit held in ...


Reforming By Re-Norming: How The Legal System Has The Potential To Change A Toxic Culture Of Domestic Violence, Melissa L. Breger 2018 Notre Dame Law School

Reforming By Re-Norming: How The Legal System Has The Potential To Change A Toxic Culture Of Domestic Violence, Melissa L. Breger

Journal of Legislation

No abstract provided.


The Predictors Of Juvenile Recidivism: Testimonies Of Adult Students 18 Years And Older Exiting From Alternative Education, La Toshia Palmer 2018 Brandman University

The Predictors Of Juvenile Recidivism: Testimonies Of Adult Students 18 Years And Older Exiting From Alternative Education, La Toshia Palmer

Dissertations

Purpose: The purpose of this descriptive, qualitative study was to identify and describe the importance of the predictors of juvenile recidivism and the effectiveness of efforts to prevent/avoid juvenile recidivism as perceived by previously detained, arrested, convicted, and/or incarcerated adult students 18 years of age and older exiting from alternative education in Northern California. A second purpose was to explore the types of support provided by alternative schools and the perceived importance of the support to avoid recidivism according to adult students 18 years of age and older exiting from alternative education.

Methodology: This qualitative, descriptive research design ...


The Effects Of Implicit Encouragement And The Putative Confession On Children's Memory Reports, Kyndra C. Cleveland, J A. Quas, Thomas D. Lyon 2018 Vanderbilt University

The Effects Of Implicit Encouragement And The Putative Confession On Children's Memory Reports, Kyndra C. Cleveland, J A. Quas, Thomas D. Lyon

University of Southern California Legal Studies Working Paper Series

The current study tested the effects of two interview techniques on children's report productivity and accuracy following exposure to suggestion: implicit encouragement (backchanneling, use of children's names) and the putative confession (telling children that a suspect "told me everything that happened and wants you to tell the truth"). One hundred and forty-three, 3-8-year-old children participated in a classroom event. One week later, they took part in a highly suggestive conversation about the event and then a mock forensic interview in which the two techniques were experimentally manipulated. Greater use of implicit encouragement led to increases, with age, in ...


Arbitration. A Promising Avenue For Resolving Family Law Cases?, Audrey J. Beeson 2018 Pepperdine University

Arbitration. A Promising Avenue For Resolving Family Law Cases?, Audrey J. Beeson

Pepperdine Dispute Resolution Law Journal

This paper will examine the path of arbitration in the area of family law, when it began, and how it has grown since 1990. It will discuss the division between the states that currently utilize arbitration for family law issues as well as the scope of judicial review. The paper will then discuss the history leading to, and the enactment of, the Uniform Family Law Arbitration Act. Next, it addresses Nevada’s legislative history, when arbitration of family law matters was considered, and consequently what a Nevada Family Law Arbitration Act would potentially look like. Finally, it will include a ...


Fisco V. Department Of Human Services: The Inequity Of Equitable Defenses In Child Support Arrearage Cases, Rebecca C. Raskin 2018 University of Maine School of Law

Fisco V. Department Of Human Services: The Inequity Of Equitable Defenses In Child Support Arrearage Cases, Rebecca C. Raskin

Maine Law Review

On August 8, 1995, using a federal law targeting the most egregious deadbeat fathers, FBI agents arrested Jeffrey Nichols for failing to pay approximately $580,000 in child support. Although the law is fairly new, the problem of child support enforcement has troubled this country for decades. In the early 1970s, child support enforcement was so inadequate that the federal government spent $7.6 billion annually on welfare to provide for single parents. The government has tried to remedy the problem, but seventy-five percent of custodial mothers in this country continue either to lack child support orders or to receive ...


The Sleepwalker's Tour Of Divorce Law, John C. Sheldon 2018 University of Maine School of Law

The Sleepwalker's Tour Of Divorce Law, John C. Sheldon

Maine Law Review

It's amazing what you can learn about modern divorce law from Nicholas Copernicus and Johannes Kepler. Copernicus was the 16th century churchman who dared to suggest that the sun, not the earth, lies at the center of the solar system. Kepler was the early-17th century mathematician whose three laws of planetary motion provided the foundation for modern cosmology. Neither of these pioneers had a clue what he was doing. A study of recent procedures, decisions, and statutes in Maine divorce law suggests that nothing has changed since Copernicus. Koestler could have written the same book just by attending a ...


Is More Parental Leave Always Better?: An Analysis Of Potential Employee Protections For Leave Offered Outside The Fmla, Natalie Bucciarelli Pedersen 2018 Drexel University

Is More Parental Leave Always Better?: An Analysis Of Potential Employee Protections For Leave Offered Outside The Fmla, Natalie Bucciarelli Pedersen

Cleveland State Law Review

In the past few years, many large companies, including Netflix, Amazon and Facebook have implemented expanded—and very generous—parental leave policies. While on the surface these policies seem employee-friendly and even big-hearted, when one explores the potential consequences of taking such leave, the policies are fraught with potential dangers for employees. In a groundbreaking new study, researchers have found that employers view time off or flexible work arrangements made for an employee’s personal reasons as negatively reflecting on an employee’s work commitment. But what happens if a company decides to terminate an employee because they have taken ...


Shades Of Theology In Suits Affecting The Parent-Child Relationship: A Tribute Honoring The Memory Of Professor Joseph W. Mcknight, Dr. Beverly Caro Dureus 2018 Southern Methodist University

Shades Of Theology In Suits Affecting The Parent-Child Relationship: A Tribute Honoring The Memory Of Professor Joseph W. Mcknight, Dr. Beverly Caro Dureus

SMU Law Review

No abstract provided.


The Changing Tides Of Adoption: Why Marriage, Race, And Family Identity Still Matter, Jessica Dixon Weaver 2018 Southern Methodist University

The Changing Tides Of Adoption: Why Marriage, Race, And Family Identity Still Matter, Jessica Dixon Weaver

SMU Law Review

No abstract provided.


A Curious Parental Right, Margaret Ryznar 2018 Southern Methodist University

A Curious Parental Right, Margaret Ryznar

SMU Law Review

The United States Supreme Court has not articulated the appropriate level of scrutiny for judicial review of interferences with the parents’ care, custody, and control of their children, despite determining it to be constitutionally fundamental. While some observers have called for the selection of a level of scrutiny to prevent inconsistencies among the lower courts, the complexity of the parental right has made it difficult for courts to use one level of scrutiny in such cases. To accommodate this complexity, this Article begins to build a new framework for conceptualizing the parental right in a way that explains and justifies ...


Mulieris Dignitatem, Ephesians 5, And Domestic Violence, Joseph M. Isanga 2018 Concordia University School of Law

Mulieris Dignitatem, Ephesians 5, And Domestic Violence, Joseph M. Isanga

Joseph Isanga

This Article considers the contribution of Pope John Paul II’s apostolic letter On the Dignity and Vocation of Women to the deeper understanding of women’s dignity as it relates to the process of articulating and rearticulating international women’s rights, with particular attention on domestic violence.2 This letter, Mulieris Dignitatem, brings together some of the Catholic Church’s most important teachings on gender equality. This Article delineates norms articulated in Mulieris Dignitatem that can inform international standards regarding the protection of women from domestic violence. To date there are no legally binding global human rights instruments that ...


Miller V. Miller, 134 Nev. Adv. Op. 16 (Mar. 15, 2018), Anna Sichting 2018 University of Nevada, Las Vegas -- William S. Boyd School of Law

Miller V. Miller, 134 Nev. Adv. Op. 16 (Mar. 15, 2018), Anna Sichting

Nevada Supreme Court Summaries

When the parents share joint physical custody of one minor child but one of the parents has primary physical custody of the other minor child, the district court must use additional steps in order to properly utilize the statutory child support formula. Further, the courts must make specific findings of fact if they deviate from the standard statutory formula.


Long V. Long: Law Court Ruling Changes The Disposition Of Joint Real Property On Divorce, Marc J. Veilleux 2018 University of Maine School of Law

Long V. Long: Law Court Ruling Changes The Disposition Of Joint Real Property On Divorce, Marc J. Veilleux

Maine Law Review

In Long v. Long the Maine Supreme Judicial Court, sitting as the Law Court, affirmed a district court divorce decree dividing the parties' residence of thirteen years as marital property, even though the majority of the funds used for its purchase were traceable to non-marital property the husband had acquired prior to the marriage. The governing statute instructed the district court to make an “equitable” disposition of all property acquired by the spouses during marriage, but required that it first “set apart to each spouse the spouse's [separate] property,” including property acquired during marriage by a spouse “in exchange ...


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