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Full-Text Articles in Law
Policing "Bad" Mothers, I. Bennett Capers
Policing "Bad" Mothers, I. Bennett Capers
Faculty Scholarship
Jessamine Chan’s The School for Good Mothers — a speculative novel about a mother who abandons her child for a few hours and is required to attend a school for good mothers to regain custody — may not be a great book, but it is a good yarn, and a page turner, and thought-provoking. Thought-provoking, because to measure her fitness to be a mother, the protagonist is assigned a robot doppelganger of her child — one that is sentient, one that seems almost real, one that might even pass the Turing test, and one that she is required not only …
Equality, Sovereignty, And The Family In Morales-Santana, Kristin Collins
Equality, Sovereignty, And The Family In Morales-Santana, Kristin Collins
Faculty Scholarship
In Sessions v. Morales-Santana, 3 the Supreme Court encountered a body of citizenship law that has long relied on family membership in the construction of the nation’s borders and the composition of the polity.4 The particular statute at issue in the case regulates the transmission of citizenship from American parents to their foreign-born children at birth, a form of citizenship known today as derivative citizenship.5 When those children are born outside marriage, the derivative citizenship statute makes it more difficult for American fathers, as compared with American mothers, to transmit citizenship to their foreign-born children.6 Over …
Miller V. Albright: Problems Of Constitutionalization In Family Law, Katharine B. Silbaugh
Miller V. Albright: Problems Of Constitutionalization In Family Law, Katharine B. Silbaugh
Faculty Scholarship
From time to time, the Supreme Court chooses to hear a case addressing a family law issue. The family law cases accepted by the Supreme Court almost always present a constitutional challenge because absent a constitutional question, state law governs family law. Because the Supreme Court controls its docket, it is free to select only those cases that, in the view of the Court, pose particularly challenging issues. On most occasions, the Court chooses only those family law cases that present other, unrelated issues of interest to the Court.