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Hb 359 - Power Of Attorney, Roma A. Amin, Catherine V. Schutz 2018 Georgia State University College of Law

Hb 359 - Power Of Attorney, Roma A. Amin, Catherine V. Schutz

Georgia State University Law Review

The bill would have repealed and replaced Georgia’s Power of Attorney for the Care of a Minor Child Act. The category of people who could be given power of attorney for the care of a minor child would have expanded from only grandparents and great-grandparents to a broad category of the child’s relatives, and anyone associated with a non-profit organization focused on child or family services or a licensed child-placing agency.


Appeals Court Denies Sperm Donor Paternity Test, Arthur S. Leonard 2018 New York Law School

Appeals Court Denies Sperm Donor Paternity Test, Arthur S. Leonard

Other Publications

No abstract provided.


An Immodest Proposal For Birth Registration In Donor-Assisted Reproduction, In The Interest Of Science And Human Rights, Elizabeth Samuels 2018 University of Baltimore School of Law

An Immodest Proposal For Birth Registration In Donor-Assisted Reproduction, In The Interest Of Science And Human Rights, Elizabeth Samuels

All Faculty Scholarship

No abstract provided.


Another Victory For Married Lesbian Parents, Arthur S. Leonard 2018 New York Law School

Another Victory For Married Lesbian Parents, Arthur S. Leonard

Other Publications

No abstract provided.


Michigan's Religious Exemption For Faith-Based Adoption Agencies: State-Sanctioned Discrimination Or Guardian Of Religious Liberty?, Allison L. McQueen 2018 Notre Dame Law School

Michigan's Religious Exemption For Faith-Based Adoption Agencies: State-Sanctioned Discrimination Or Guardian Of Religious Liberty?, Allison L. Mcqueen

Notre Dame Law Review

Historically, most of the legal obstacles faced by gay couples hoping to expand their families through adoption stemmed from prohibitions on marriage. That was until Obergefell. Barriers to same-sex adoption have been steadily falling over the past decade, and, in the wake of the Supreme Court’s decision, married couples are now able to adopt in every state. However, there remains one pressing barrier to adoption for same-sex couples: “conscience clause” adoption laws enacted to allow faith-based adoption agencies to turn away prospective parents whose sexuality conflicts with their “sincerely held religious beliefs.” Though Ms. DeBoer and Ms. Rowse successfully ...


De Facto Parent And Non Parent Child Support Orders, Jeffrey A. Parness, Matthew Timko 2018 Northern Illinois University College of Law

De Facto Parent And Non Parent Child Support Orders, Jeffrey A. Parness, Matthew Timko

American University Law Review

No abstract provided.


Undocumented Citizens Of The United States: The Repercussions Of Denying Birth Certificates, Anna L. Lichtenberger 2018 St. Mary's University School of Law

Undocumented Citizens Of The United States: The Repercussions Of Denying Birth Certificates, Anna L. Lichtenberger

St. Mary's Law Journal

Abstract forthcoming


The "Primary Purpose" Of Children's Advocacy Centers: How Ohio V. Clark Revolutionized Children's Hearsay, Andrew Lentz 2018 J.D. 2018, Roger Williams University School of Law

The "Primary Purpose" Of Children's Advocacy Centers: How Ohio V. Clark Revolutionized Children's Hearsay, Andrew Lentz

Roger Williams University Law Review

No abstract provided.


Can Three Parents Make A Family In New York?, Arthur S. Leonard 2018 New York Law School

Can Three Parents Make A Family In New York?, Arthur S. Leonard

Other Publications

No abstract provided.


Assessing Parental Rights For Children With Genetic Material From Three Parents, Daniel R. Green 2018 University of Minnesota Law School

Assessing Parental Rights For Children With Genetic Material From Three Parents, Daniel R. Green

Minnesota Journal of Law, Science & Technology

No abstract provided.


The First Queer Right, Scott Skinner-Thompson 2018 University of Colorado Law School

The First Queer Right, Scott Skinner-Thompson

Articles

Current legal disputes may lead one to believe that the greatest threat to LGBTQ rights is the First Amendment’s protections for speech, association, and religion, which are currently being mustered to challenge LGBTQ anti-discrimination protections. But underappreciated today is the role of free speech and free association in advancing the well-being of LGBTQ individuals, as explained in Professor Carlos Ball’s important new book, The First Amendment and LGBT Equality: A Contentious History. In many ways the First Amendment’s protections for free expression and association operated as what I label “the first queer right.”

Decades before the Supreme ...


Ethics Issues Inherent In Special Immigrant Juvenile State Court Proceedings - Practical Proposals For Intractable Problems, Alexis Anderson 2018 Boston College Law School

Ethics Issues Inherent In Special Immigrant Juvenile State Court Proceedings - Practical Proposals For Intractable Problems, Alexis Anderson

Boston College Law School Faculty Papers

Immigration advocates have long noted how ethical challenges pervade certain areas of their practice, particularly in the employment and spousal contexts. A significant body of literature exists that attempts to identify clear, professional norms for grappling successfully with thorny ethical questions inherent in those areas. This article expands that scholarship by studying the ethics issues that arise for counsel representing youth seeking Special Immigrant Juvenile ("SIJ") status in state court. Using SIJ case studies to explore questions of confidentiality, conflicts, and candor, this article uncovers key factors that complicate practitioners' ability to comply with existing ethical mandates. One defining feature ...


Fiduciary Principles In Family Law, Elizabeth S. Scott, Ben Chen 2018 Columbia Law School

Fiduciary Principles In Family Law, Elizabeth S. Scott, Ben Chen

Faculty Scholarship

Family members bear primary responsibility for the care of dependent and vulnerable individuals in our society, and therefore family relationships are infused with fiduciary obligation. Most importantly, the legal relationship between parents and their minor children is best understood as one that is regulated by fiduciary principles. Husbands and wives relate to one another as equals under contemporary law, but this relationship as well is subject to duties of care and loyalty when either spouse is in a condition of dependency. Finally, if an adult is severely intellectually disabled or becomes incapacitated and in need of a guardian, a family ...


The "P" Word: Ohio Should Adopt The Uniform Premarital Agreements Act To Achieve Consistency And Uniformity In The Treatment Of Prenuptial Agreements, Jenna Christine Colucci 2017 Cleveland-Marshall College of Law

The "P" Word: Ohio Should Adopt The Uniform Premarital Agreements Act To Achieve Consistency And Uniformity In The Treatment Of Prenuptial Agreements, Jenna Christine Colucci

Cleveland State Law Review

Throughout the United States, courts have used inconsistent standards for the interpretation of prenuptial agreements. Under Ohio jurisprudence, courts are concerned with protecting the vulnerable spouse or the economically disadvantaged party. This legal standard acknowledges the unique relationship of the parties to the contract and will generally review the procedural and substantive components of the prenuptial agreement. Conversely, other courts are weary of interfering with the contractual freedom of the parties and will only invalidate a prenuptial agreement upon a showing of fraud, duress, or misrepresentation. The Uniform Premarital Agreement Act was drafted in 1983 to address the inconsistent treatment ...


Arcella V. Arcella, 133 Nev. Adv. Op. 104 (Dec. 26, 2017), Shannon Zahm 2017 University of Nevada, Las Vegas -- William S. Boyd School of Law

Arcella V. Arcella, 133 Nev. Adv. Op. 104 (Dec. 26, 2017), Shannon Zahm

Nevada Supreme Court Summaries

The Court determined that district court’s focus—in a child custody case regarding educational placement—must remain on the child’s best interest and not on the religious objections made by a parent. Specifically, the Court found that the district court abused its discretion by (1) treating one parent’s religious objection as dispositive; (2) failing to conduct an evidentiary hearing; and (3) failing to support its order with specific, factual findings.


The Pro Bono Collaborative Project Spotlight 12-20-2017, Roger Williams University School of Law 2017 Roger Williams University

The Pro Bono Collaborative Project Spotlight 12-20-2017, Roger Williams University School Of Law

Pro Bono Collaborative Staff Publications

No abstract provided.


Extending The Normativity Of The Extended Family: Reflections On Moore V. City Of East Cleveland, Angela Onwuachi-Willig 2017 University of California, Berkeley School of Law

Extending The Normativity Of The Extended Family: Reflections On Moore V. City Of East Cleveland, Angela Onwuachi-Willig

Angela Onwuachi-Willig

Part I of this Article briefly recounts the plurality decision in Moore before analyzing Justice Brennan’s concurring opinion and detailing how the concurrence affirms, rather than deconstructs, the notion of African American deviance in families. Next, Part II specifies the ways in which Justice Brennan could have truly uplifted African American families and other families of color by identifying and explicating the strengths of extended or multigenerational family forms among people of color and by showing how such family forms can be a model, or even the model (if one must be chosen), for all families. Then, Part III ...


Moving Beyond Lassiter: The Need For A Federal Statutory Right To Counsel For Parents In Child Welfare Cases, Vivek S. Sankaran 2017 Notre Dame Law School

Moving Beyond Lassiter: The Need For A Federal Statutory Right To Counsel For Parents In Child Welfare Cases, Vivek S. Sankaran

Journal of Legislation

No abstract provided.


Moving Beyond Lassiter: The Need For A Federal Statutory Right To Counsel For Parents In Child Welfare Cases, Vivek S. Sankaran 2017 University of Michigan Law School

Moving Beyond Lassiter: The Need For A Federal Statutory Right To Counsel For Parents In Child Welfare Cases, Vivek S. Sankaran

Articles

In New York City, an indigent parent can receive the assistance of a multidisciplinary legal team—an attorney, a social worker, and a parent advocate—to defend against the City’s request to temporarily remove a child from her care. But in Mississippi, that same parent can have her rights to her child permanently terminated without ever receiving the assistance of a single lawyer. In Washington State, the Legislature has ensured that parents ensnared in child abuse and neglect proceedings will receive the help of a well-trained and well-compensated attorney with a reasonable caseload. Yet in Tennessee, its Supreme Court ...


Abid V. Abid, 133 Nev. Adv. Op. 94 (Dec. 7, 2017) (En Banc), Carmen Gilbert 2017 University of Nevada, Las Vegas -- William S. Boyd School of Law

Abid V. Abid, 133 Nev. Adv. Op. 94 (Dec. 7, 2017) (En Banc), Carmen Gilbert

Nevada Supreme Court Summaries

The Court held that the district court properly exercised its discretion in allowing illegally recorded conversations to be used by a court appointed child psychologist to evaluate a child’s welfare in a custody case.


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