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Child Migrants And Child Welfare: Toward A Best Interests Approach, Ann Laquer Estin 2018 University of Iowa College of Law

Child Migrants And Child Welfare: Toward A Best Interests Approach, Ann Laquer Estin

Washington University Global Studies Law Review

Protections for unaccompanied minors in the U.S. immigration system can be traced to our constitutional values of due process and equal treatment; to the parens patriae tradition and best interests principle from family law; and to our commitments under international law including the Protocol to U.N. Convention on the Rights of the Child. With the Trafficking Victims Protection Reauthorization Act of 2008, Congress took an important step toward meeting these obligations and improving our treatment of child migrants, but there is more work to do. Federal agencies have been slow to implement the Act, and there are important ...


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 ...


A Change In Military Pension Division: The End Of Court-Adjudicated Indemnification - Howell V. Howell, Eliza Grace Lynch 2018 Mitchell Hamline School of Law

A Change In Military Pension Division: The End Of Court-Adjudicated Indemnification - Howell V. Howell, Eliza Grace Lynch

Mitchell Hamline Law Review

No abstract provided.


Baby M Turns 30: The Law And Policy Of Surrogate Motherhood, Eric A. Feldman 2018 University of Pennsylvania Law School

Baby M Turns 30: The Law And Policy Of Surrogate Motherhood, Eric A. Feldman

Faculty Scholarship at Penn Law

This article marks the 30th anniversary of the Supreme Court of New Jersey’s Baby M decision by offering a critical analysis of surrogacy policy in the United States. Despite fundamental changes in both science and society since the case was decided, state courts and legislatures remain bitterly divided on the legality of surrogacy. In arguing for a more uniform, permissive legal posture toward surrogacy, the article addresses five central debates in the surrogacy literature.

First, should the legal system accommodate those seeking conception through surrogacy, or should it prohibit such arrangements? Second, if surrogacy is permitted, what steps can ...


The Loving Story: Using A Documentary To Reconsider The Status Of An Iconic Interracial Married Couple, Regina Austin 2018 University of Pennsylvania Law School

The Loving Story: Using A Documentary To Reconsider The Status Of An Iconic Interracial Married Couple, Regina Austin

Faculty Scholarship at Penn Law

The Loving Story (Augusta Films 2011), directed by Nancy Buirski, tells the backstory of the groundbreaking U.S. Supreme Court case, Loving v. Virginia, that overturned state laws barring interracial marriage. The article looks to the documentary to explain why the Lovings should be considered icons of racial and ethnic civil rights, however much they might be associated with marriage equality today. The film shows the Lovings to be ordinary people who took their nearly decade long struggle against white supremacy to the nation’s highest court out of a genuine commitment to each other and a determination to live ...


The Trickle Up Effect: Incorporating An Understanding Of Immigration Law And Policies Into Best Interest Analysis In State Child Welfare Proceedings, Kathryn P. Banks 2018 Washington University School of Law

The Trickle Up Effect: Incorporating An Understanding Of Immigration Law And Policies Into Best Interest Analysis In State Child Welfare Proceedings, Kathryn P. Banks

Washington University Global Studies Law Review

Immigration law is an area of legal practice that requires an understanding of a complex, ever-changing landscape. With policies and laws widely changing, sometimes within the span of 280 characters, immigration attorneys have to be ready to address each crisis facing our nation’s broken immigration system. In the past eight weeks, the United States Supreme Court has decided that individuals being detained during deportation proceedings do not have the right to review of their detention status, and that parts of the Immigration and Nationality Act are unconstitutionally vague. Additionally, in Arizona, those enrolled in the Deferred Action for Child ...


The “Legal Stranger” And Parent: A Love Story?, Kellie Mahoney 2018 Touro College Jacob D. Fuchsberg Law Center

The “Legal Stranger” And Parent: A Love Story?, Kellie Mahoney

Touro Law Review

No abstract provided.


Unequal Protection: Examining The Judiciary’S Treatment Of Unwed Fathers, Brett Potash 2018 Touro College Jacob D. Fuchsberg Law Center

Unequal Protection: Examining The Judiciary’S Treatment Of Unwed Fathers, Brett Potash

Touro Law Review

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 ...


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 ...


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.


In Re Parental Rights As To T.L., 133 Nev. Adv. Op. 97 (Dec. 7, 2017), Steven Kish 2017 University of Nevada, Las Vegas -- William S. Boyd School of Law

In Re Parental Rights As To T.L., 133 Nev. Adv. Op. 97 (Dec. 7, 2017), Steven Kish

Nevada Supreme Court Summaries

The Court determined that parents who have terminated their parental rights do not have standing to challenge a district court’s placement of their child.


Rideout V. Riendeau: Grandparent Visitation In Maine After Troxel, Theodore A. Small 2017 University of Maine School of Law

Rideout V. Riendeau: Grandparent Visitation In Maine After Troxel, Theodore A. Small

Maine Law Review

Rideout v. Riendeau presented a case in which two grandparents, Rose and Chesley Rideout, sought visitation of their three grandchildren. Though the Rideouts had served as the childrens' “primary caregivers and custodians” for significant periods of time, the childrens' parents, Heaven-Marie Riendeau, who was the Rideouts' daughter, and Jeffrey Riendeau, ended all contact between the children and the Rideouts due to a strained relationship between the Rideouts and the Riendeaus. The Rideouts filed a complaint pursuant to Maine's Grandparents Visitation Act (the Act), which allows grandparents to bring a petition for visitation when there is a “sufficient existing relationship ...


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