The Rise Of Zero Tolerance And The Demise Of Family,
2020
Howard University School of Law
The Rise Of Zero Tolerance And The Demise Of Family, Mariela Olivares
Georgia State University Law Review
This article explores the intersection of immigration law and family law and argues that the current regime dedicated to decimating immigrant families in the United States does not comport with the history and spirit of immigration law and policy. Policies shifting away from family unity and towards an inhumane treatment of immigrant families is anchored in the political rhetoric that normalizes the oppression of immigrants. By characterizing immigrants as nonhuman—even “animals,” as described by President Donald Trump—the current slate of anti-immigrant policies that specifically target families is normalized. Part I discusses contemporary immigration law that terrorizes the family unit and …
Arizona's Torres V. Terrell And Section 318.03: The Wild West Of Pre-Embryo Disposition,
2020
Indiana University Maurer School of Law
Arizona's Torres V. Terrell And Section 318.03: The Wild West Of Pre-Embryo Disposition, Catherine Wheatley
Indiana Law Journal
In this Note, Part I examines the three main approaches used in other state supreme court decisions to decide pre-embryo disposition disputes, as well as three perspectives on the legal status of the pre-embryo, and compares them with Arizona’s emerging law. Part II summarizes Arizona’s Torres trial court order and opinion and section 318.03. Part III then analyzes whether the Torres orders and Arizona’s new statutory “most likely to lead to birth standard”12 present constitutional issues and concludes that the trial court’s order, if reinstated by the Arizona Supreme Court, and section 318.03 can be challenged on substantive due process …
Families Belong Together: The Path To Family Sanctity In Public Housing,
2020
Northwestern Pritzker School of Law
Families Belong Together: The Path To Family Sanctity In Public Housing, Mckayla Stokes
Northwestern Journal of Law & Social Policy
In its 2015 landmark civil rights decision in Obergefell v. Hodges, the Supreme Court finally held that the Equal Protection and Due Process Clauses of the United States Constitution guarantee same-sex couples’ marital equality. The Court’s unprecedented declaration that the right to marry is a fundamental right under the Due Process Clause strengthened married couples’ right to privacy because it subjects government actions infringing on marital unions to heightened scrutiny. The Supreme Court has the option to minimize the impact of Obergefell by interpreting the right to marriage very narrowly—as only encompassing the right to enter into a state-recognized union …
Giarrusso V. Giarrusso, 204 A.3d 1102 (R.I. 2019),
2020
Candidate for Juris Doctor, Roger Williams University School of Law
Giarrusso V. Giarrusso, 204 A.3d 1102 (R.I. 2019), Karen Lara
Roger Williams University Law Review
No abstract provided.
Intergenerational Control: Why Genetic Modification Of Embryos Via Crispr-Cas9 Is Not A Fundamental Parental Right,
2020
American University Washington College of Law
Intergenerational Control: Why Genetic Modification Of Embryos Via Crispr-Cas9 Is Not A Fundamental Parental Right, Fernando Montoya
American University Law Review
No abstract provided.
Benefit Or Burden?: Brackeen V. Zinke And The Constitutionality Of The Indian Child Welfare Act,
2020
Buffalo Law Review
Benefit Or Burden?: Brackeen V. Zinke And The Constitutionality Of The Indian Child Welfare Act, Katie L. Gojevic
Buffalo Law Review
No abstract provided.
Fetal Equality,
2020
University of Idaho College of Law
Fetal Equality, Shaakirrah R. Sanders
Washington and Lee Law Review Online
I join Carliss Chatman’s call to fully consider the equal protection implications of the conception theory and raise an additional right to which a fetus may be entitled as a matter of equal protection: health care, which implicates state laws that provide civil and criminal exemptions to parents who choose religious healing instead of medical care for their children and minor dependents. The evidence of harm to children from religious healing is well documented. Yet, currently, approximately forty-three U.S. states and the District of Columbia have some type of exemption to protect religious healing parents in civil and criminal cases. …
In Defense Of Empiricism In Family Law,
2020
Columbia Law School
In Defense Of Empiricism In Family Law, Elizabeth S. Scott
Faculty Scholarship
It is fitting to include an essay defending the application of empirical research to family law and policy in a symposium honoring the scholarly career of Peg Brinig, who is probably the leading empiricist working in family law. While such a defense might seem unnecessary, given the expanding role of behavioral, social, and biological research in shaping the regulation of children and families, prominent scholars recently have raised concerns about the trend toward reliance on empirical science in this field. A part of the criticism is directed at the quality of the science itself and at the lack of sophistication …
Family Law,
2020
Teller Law Firm, P.C.
Family Law, Anna K. Teller, Donald E. Teller Jr.
SMU Annual Texas Survey
No abstract provided.
Networks Of Empathy,
2020
University of Georgia School of Law
Networks Of Empathy, Thomas E. Kadri
Scholarly Works
Digital abuse is on the rise. People increasingly use technology to perpetrate and exacerbate abusive conduct like stalking and harassment, manipulating digital tools to control and harm their victims. By some accounts, 95% of domestic-abuse cases involve technology, while a sizeable chunk of the U.S. population now admits to having suffered or perpetrated serious abuse online. To make matters worse, people often trivialize digital abuse or underestimate its prevalence. Even among those who do appreciate its severity, there remains ample disagreement about how to address it.
Although law can be a powerful tool to regulate digital abuse, legal responses are …
The Invisible Prison: Pathways And Prevention,
2020
Notre Dame Law School
The Invisible Prison: Pathways And Prevention, Margaret Brinig, Marsha Garrison
Journal Articles
In this paper, we propose a new strategy for curbing crime and delinquency and demonstrate the inadequacy of current reform efforts. Our analysis relies on our own, original research involving a large, multi-generational sample of unmarried fathers from a rust-belt region of the United States as well as the conclusions of earlier researchers.
Our own research data are unusual in that they are holistic and multigenerational: The Court-based record system we utilized for data collection provided detailed information on child maltreatment, juvenile status and delinquency charges, child support, parenting time, orders of protection, and residential mobility for focal children (the …
Not All Violence In Relationships Is “Domestic Violence",
2020
University of Denver
Not All Violence In Relationships Is “Domestic Violence", Tamara L. Kuennen
Sturm College of Law: Faculty Scholarship
The article proceeds in four parts. Part I describes in more detail the work of Donileen Loseke, and Part II applies her methodology by taking stock of the constructs as they currently exist. Part III examines social science data available since Loseke published her study, demonstrating that the current construct reflects, in reality, only a subset of relationship violence and a subset of the people who experience it. Part IV examines whether the main service designed to help people experiencing relationship violence today—law—perpetuates, rather than challenges norms. I argue that it does the former, because legal decision makers, like the …
A Review Of Retroactivity: Illinois Should Adopt A Modern Child Victims Act,
2020
Loyola University Chicago, School of Law
A Review Of Retroactivity: Illinois Should Adopt A Modern Child Victims Act, Judith E. Conway, J. Devitt Cooney, Michael C. Cooney, Megan Fahey Monty
Loyola University Chicago Law Journal
No abstract provided.
Ethical Blindspots In Adoption Lawyering,
2020
Texas A&M University School of Law
Ethical Blindspots In Adoption Lawyering, Malinda L. Seymore
University of Richmond Law Review
This Article discusses ethical issues relevant to adoption attorneys, as well as the lessons from behavioral ethics that inform the ethical blind spots common in the practice. The Model Rules for attorneys address a number of areas relevant to the complexitiesof adoption practice. Rules relating to competency and confidentiality, conflicts of interest and dual representation, and the lawyer’s roles as counselor as well as advocate are particularly germane. Although much has been written about the dual representation issue in adoption, other issues of professional responsibility in adoption cases have not been as carefully explored. This Article seeks to remedy that. …
Give Me Your Tired, Your Poor (Unless They Are From “One Of Three Mexican Countries”): Unaccompanied Children And The Humanitarian Crisis At The U.S. Southern Border,
2020
University of Richmond School of Law
Give Me Your Tired, Your Poor (Unless They Are From “One Of Three Mexican Countries”): Unaccompanied Children And The Humanitarian Crisis At The U.S. Southern Border, Samantha R. Bentley
University of Richmond Law Review
This Comment argues that the United States’s response to the humanitarian crisis at its border is wholly inadequate. It argues that the government chose to advance two policies, Zero Tolerance and Family Separation, that exacerbated the humanitarian crisis at the border. These policies facilitated practices that violated domestic and international law. Most importantly, this Comment argues that the United States government traumatized one of the most vulnerable groups of people in the world: children.
A Dangerous Inheritance: A Child’S Digital Identity,
2020
Seattle University School of Law
A Dangerous Inheritance: A Child’S Digital Identity, Kate Hamming
Seattle University Law Review
This Comment begins with one family’s story of its experience with social media that many others can relate to in today’s ever-growing world of technology and the Internet. Technology has made it possible for a person’s online presence to grow exponentially through continuous sharing by other Internet users. This ability to communicate and share information amongst family, friends, and strangers all over the world, while beneficial in some regard, comes with its privacy downfalls. The risks to privacy are elevated when children’s information is being revealed, which often stems from a child’s own parents conduct online. Parents all over the …
In Memory Of Professor James E. Bond,
2020
Seattle University School of Law
In Memory Of Professor James E. Bond, Janet Ainsworth
Seattle University Law Review
Janet Ainsworth, Professor of Law at Seattle University School of Law: In Memory of Professor James E. Bond.
The Use Of Experts In Family Law Cases: An Annotated Bibliography,
2020
University of Missouri - Kansas City, School of Law
The Use Of Experts In Family Law Cases: An Annotated Bibliography, Allen Roston
Faculty Works
This bibliography covers significant issues relating to the use of experts in family law cases. For some topics, like the use of experts in child custody cases, it focuses on literature that is specific to the family law field. For topics that relate broadly to experts in all kinds of legal matters, it includes articles that shed valuable light on issues and concerns about the use of experts in general as well as articles that specifically relate to the use of experts in the family law realm.
The Right Family,
2020
Elisabeth Haub School of Law at Pace University
The Right Family, Noa Ben-Asher, Margot J. Pollans
Elisabeth Haub School of Law Faculty Publications
The family plays a starring role in American law. Families, the law tells us, are special. They merit, among others, tax deductions, testimonial privileges, untaxed inheritance, parental presumptions, and, over the course of the twentieth century, the Supreme Court has expanded individual rights stemming from familial relationships. In this Article, we argue that family matters as much for when it is ignored as for when it is featured. We shed light on the use of the family in the law by contrasting policies in which the family is the key unit of analysis with others in which it is not. …
Unconstitutional Parenthood,
2020
Marquette University Law School
