Constitutional Dilemmas: Defense Of Marriage Act (Doma), 2019 William & Mary Law School
Constitutional Dilemmas: Defense Of Marriage Act (Doma), Neal Devins, Tara Leigh Grove
Neal E. Devins
No abstract provided.
Commentary On Marriage Grants: Article Iii & Same-Sex Marriage, 2019 William & Mary Law School
Commentary On Marriage Grants: Article Iii & Same-Sex Marriage, Neal Devins, Tara Leigh Grove
Neal E. Devins
No abstract provided.
A Constitutional Right To Home Instruction?, 2019 William & Mary Law School
A Constitutional Right To Home Instruction?, Neal Devins
Neal E. Devins
No abstract provided.
Nebraska Safe Haven Snafu, Revisited, 2019 William & Mary Law School
Nebraska Safe Haven Snafu, Revisited, Aaron-Andrew P. Bruhl
Aaron-Andrew P. Bruhl
No abstract provided.
Kairos And Safe Havens: The Timing And Calamity Of Unwanted Birth, 2019 Texas A&M University School of Law
Kairos And Safe Havens: The Timing And Calamity Of Unwanted Birth, Susan Ayres
Susan Ayres
It is impossible to know the number of infants killed or illegally abandoned at birth. No official reporting requirements exist, but conservative estimates claim that in the United States, 150-300 infants are killed within twenty-four hours of life and that over 100 infants are illegally abandoned. Beginning in 1999, in an effort to stem the problem of neonaticide and illegal abandonment, states began enacting laws to legalize abandonment. By 2008, all fifty states had enacted safe haven laws, which allow parents to anonymously abandon newborns by delivering them to designated providers, such as hospitals. This article provides a practical and …
Parental Gender Designations On Children’S Birth Certificates: The Need For A Modifiable Form, 2019 DePaul University
Parental Gender Designations On Children’S Birth Certificates: The Need For A Modifiable Form, Megan Brodie Maier
DePaul Journal of Women, Gender and the Law
No abstract provided.
Yesennia Esmeralda Amaya V Milton Orlando Guerrero Rivera, 135 Nev. Adv. Op. 27 (July 3, 2019), 2019 University of Nevada, Las Vegas -- William S. Boyd School of Law
Yesennia Esmeralda Amaya V Milton Orlando Guerrero Rivera, 135 Nev. Adv. Op. 27 (July 3, 2019), Salma Granich
Nevada Supreme Court Summaries
The Court determined that under NRS 3.2203 (1) an order determining physical custody of a child satisfied the dependency or custody prong for Special Immigrant Juvenile predicate findings; and (2) in order to determine predicate findings, the reunification prong is satisfied where the juvenile cannot reunify with at least one parent.
We All Need Somebody To Lean On: Using The Law To Nurture Our Children, Beginning With Third-Party Visitation, 2019 Farber, Pappalardo & Carbonari
We All Need Somebody To Lean On: Using The Law To Nurture Our Children, Beginning With Third-Party Visitation, John A. Pappalardo, Cassidy Allison, Samantha A. Mumola
Pace Law Review
Perhaps one of the single most important aspects of a healthy childhood is emotional support from healthy caregivers. As it stands, New York’s visitation law prohibits third-party caregivers from stepping in and providing children with this important psychological and emotional need by automatically denying them standing to seek visitation in court. In New York, third-party standing for visitation is denied solely on a procedural basis, irrespective of the child’s personal familial situation, namely whether their parents are completely
unavailable. Specifically, when a child’s parents become unavailable due to death, incarceration or otherwise, and such child becomes a ward of the …
Tax Talk And Reproductive Technology, 2019 Elisabeth Haub School of Law at Pace University
Tax Talk And Reproductive Technology, Bridget J. Crawford
Elisabeth Haub School of Law Faculty Publications
The tax system both reacts to and helps create attitudes about the value of certain behaviors and choices. This Article makes three principal claims—one empirical, one normative, and one interpretative. The Article demonstrates through data that a representative sample of fertility clinics in the United States does not make information about the tax consequences of compensated human egg transfers—commonly called egg “donation”—publicly available. In 2015, in a case of first impression, the United States Tax Court decided in Perez v. Commissioner that a compensated egg transferor must report as income any amount she receives for her eggs. Although the Tax …
Beyond A Reasonable Doubt: A Discourse Analysis Of Forensic And Psychological Truth In Child Narratives, 2019 Duquesne University
Beyond A Reasonable Doubt: A Discourse Analysis Of Forensic And Psychological Truth In Child Narratives, Elizabeth Samson
Electronic Theses and Dissertations
This dissertation draws on a hermeneutically-informed modification of Potter and Wetherell’s (1987) discourse analysis methodology to explore how child memory and experience are conceptualized in two widely-used forensic psychology training manuals. Current research about child testimony tends to focus on how well children can factually recount their experiences, or on optimizing interviewer performance so as to obtain accurate accounts and minimize the risk of distorting children’s memories. Results of this discourse analysis include: 1) frequent advisement of evaluator caution, objectivity, and thoroughness, since evaluators are understood as responsible for preserving the accuracy of children’s memories during the evaluation process; and …
Improving Outcomes In Child Poverty And Wellness In Appalachia In The "New Normal" Era: Infusing Empathy Into Law, 2019 Penn State Law
Improving Outcomes In Child Poverty And Wellness In Appalachia In The "New Normal" Era: Infusing Empathy Into Law, Jill C. Engle
Jill Engle
No abstract provided.
Comparing Supreme Court Jurisprudence In Obergefell V. Hodges And Town Of Castle Rock V. Gonzales: A Watershed Moment For Due Process Liberty, 2019 Penn State Law
Comparing Supreme Court Jurisprudence In Obergefell V. Hodges And Town Of Castle Rock V. Gonzales: A Watershed Moment For Due Process Liberty, Jill C. Engle
Jill Engle
“The nature of injustice is that we may not always see it in our own times. The generations that wrote and ratified the Bill of Rights and the Fourteenth Amendment did not presume to know the extent of freedom in all of its dimensions, and so they entrusted to future generations a charter protecting the right of all persons to enjoy liberty as we learn its meaning. When new insight reveals discord between the Constitution’s central protections and a received legal stricture, a claim to liberty must be addressed.” -- Obergefell v. Hodges, 135 S. Ct. 2584, …
Advocating For Children With Disabilities In Child Protection Cases, 2019 University of Michigan Law School
Advocating For Children With Disabilities In Child Protection Cases, Joshua B. Kay
Articles
Children with disabilities are maltreated at a higher rate than other children and overrepresented in child protection matters, yet most social service caseworkers, judges, child advocates, and other professionals involved in these cases receive little to no training about evaluating and addressing their needs. Child protection case outcomes for children with disabilities tend to differ from those of nondisabled children, with more disabled children experiencing a termination of their parents' rights and fewer being reunified with their parents or placed with kin. They also tend to experience longer waits for adoption. Furthermore, the poor outcomes that plague youth who age …
Case Closure Among The Lancaster County’S Family Treatment Drug Court: The Role Of Personal Relationships, 2019 University of Nebraska-Lincoln
Case Closure Among The Lancaster County’S Family Treatment Drug Court: The Role Of Personal Relationships, Chelsey Wisehart, Katherine Hazen, Matthew W. Carlson
Center on Children, Families, and the Law: Faculty Publications
• Parent substance use is the second-leading cause for childrens’ removal from the home in Nebraska (Voices for Children, 2018) with 10-30% being removed again later on (Wulczyn et al., 2007).
• The theory of Therapeutic Jurisprudence suggests using a treatment-oriented approach to reduce recidivism and mitigate the negative psychological effects that the legal system may have on offenders (Fessinger et al., 2018).
• The Judge acts as a team leader for caseworkers and attorneys who use a collaborative approach in the Family Treatment Drug Court (FTDC).
• Team meetings between parents and court professionals include discussion about parents’ progress …
Ag Barr Ruling Puts Asylum Seekers At Deadly Risk, 2019 Southern Methodist University, Dedman School of Law
Ag Barr Ruling Puts Asylum Seekers At Deadly Risk, Natalie Nanasi
Faculty Journal Articles and Book Chapters
No abstract provided.
The Constitutionalization Of Fatherhood, 2019 Penn State Law
The Constitutionalization Of Fatherhood, Dara Purvis
Dara Purvis
Beginning in the 1970s, the Supreme Court heard a series of challenges to family law statutes brought by unwed biological fathers, questioning the constitutionality of laws that treated unwed fathers differently than unwed mothers. The Court’s opinions created a starkly different constitutional status for unwed fathers than for unwed mothers, demanding additional actions and relationships before an unwed father was considered a constitutional father. Although state parentage statutes have progressed beyond their 1970s incarnations, the doctrine created in those family law cases continues to have impact far beyond family law. Transmission of citizenship in the context of immigration law and …
Windsor, Surrogacy, And Race, 2019 Selected Works
Windsor, Surrogacy, And Race, Khiara M. Bridges
Khiara M Bridges
Scholars and activists interested in racial justice have long been opposed to surrogacy arrangements, wherein a couple commissions a woman to become pregnant, give birth to a baby, and surrender the baby to the couple to raise as its own. Their fear has been that surrogacy arrangements will magnify racial inequalities inasmuch as wealthy white people will look to poor women of color to carry and give birth to the white babies that the couples covet. However, perhaps critical thinkers about race should reconsider their contempt for surrogacy following the Supreme Court’s recent decision in United States v. Windsor. …
Residential Requirements In The Intercountry Adoption Process: Protectionist Measure Or Insurmountable Barrier?, 2019 University of Georgia School of Law
Residential Requirements In The Intercountry Adoption Process: Protectionist Measure Or Insurmountable Barrier?, Morgan R. Thomas
Georgia Journal of International & Comparative Law
No abstract provided.
Regulating International Surrogacy Arrangements Within The United States: Is There A Conceivable Solution?, 2019 University of Georgia School of Law
Regulating International Surrogacy Arrangements Within The United States: Is There A Conceivable Solution?, Laura R. Golden
Georgia Journal of International & Comparative Law
No abstract provided.
A Constellation Of Benefits And A Universe Of Equal Protection: The Extension Of The Right To Marry Under Pavan V. Smith, 2019 University of Arkansas, Fayetteville
A Constellation Of Benefits And A Universe Of Equal Protection: The Extension Of The Right To Marry Under Pavan V. Smith, Brad Aldridge
Arkansas Law Review
In 2015, the Supreme Court of the United States in Obergefell v. Hodges recognized the constitutional right of all persons, including same-sex couples, to lawfully marry. In 2017, in Pavan v. Smith, the Court recognized that Obergefell extends that right to much more than the act of marriage in itself. Any person who would have been denied the right to marry the person of her choice before Obergefell now enjoys not only the rights of marriage licensing and recognition, but also the full “constellation” of rights and responsibilities that attend marriage among traditional opposite-sex couples. The Court believed that this …