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Full-Text Articles in Law

Children Of The Government: Affording A Higher Education A Review Of The State Of Pennsylvania’S Recently Implemented Law That Grants Children Who “Age Out” Of The Foster Care Tuition And Fee Waivers At Every University In The State, Erin K. Cooper Jul 2021

Children Of The Government: Affording A Higher Education A Review Of The State Of Pennsylvania’S Recently Implemented Law That Grants Children Who “Age Out” Of The Foster Care Tuition And Fee Waivers At Every University In The State, Erin K. Cooper

Helms School of Government Undergraduate Law Review

No abstract provided.


Thoroughly Modern Motherhood, Joanna Grossman Jul 2021

Thoroughly Modern Motherhood, Joanna Grossman

SMU Law Review

No abstract provided.


Biology And Illegitimacy, Douglas Nejaime Jul 2021

Biology And Illegitimacy, Douglas Nejaime

SMU Law Review

This symposium Essay examines how biological parenthood, which in the twentieth century served as a mechanism by which to repudiate “illegitimacy” and to protect nonmarital parent–child relationships, today serves to justify new forms of illegitimacy and to separate unmarried parents from their children.

In the second half of the twentieth century, courts and legislatures renounced the discriminatory regime of illegitimacy, in which the children of unmarried parents enjoyed few rights to support or inheritance. They did so by raising the legal status of biological parenthood—extending rights to unmarried biological fathers and their children. Today, though, the vindication of ...


Mommy, Baby And Rapist Makes Three? Amid Abortion Bans, The Pressing Need For A Nationwide Lower Standard To Strip Parental Rights, Regardless Of A Rape Conviction, Melanie Dostis Jun 2021

Mommy, Baby And Rapist Makes Three? Amid Abortion Bans, The Pressing Need For A Nationwide Lower Standard To Strip Parental Rights, Regardless Of A Rape Conviction, Melanie Dostis

William & Mary Journal of Race, Gender, and Social Justice

Among the fundamental rights recognized in the Constitution are the rights of parents to raise their children. While never interpreted as an absolute legal privilege, courts have exercised wide discretion in preserving this right and historically ignored the reality that not all parents are deserving of this right. Even though the family law system has protections in place to terminate parental rights for atrocities like abuse, it largely neglects an uncomfortable area of parental origin: parental rights regarding children conceived by rape. This is not only to the detriment of children, but, as this Note argues, at the peril of ...


The Termination Of Parental Rights In Texas: The Long Run Cut Short For Parents In Bexar County, Gabriel A. Narvaez Jun 2021

The Termination Of Parental Rights In Texas: The Long Run Cut Short For Parents In Bexar County, Gabriel A. Narvaez

The Scholar: St. Mary's Law Review on Race and Social Justice

Abstract forthcoming.


Inheritance Crimes, David Horton, Reid Kress Weisbord Jun 2021

Inheritance Crimes, David Horton, Reid Kress Weisbord

Washington Law Review

The civil justice system has long struggled to resolve disputes over end-of-life transfers. The two most common grounds for challenging the validity of a gift, will, or trust— mental incapacity and undue influence—are vague, hinge on the state of mind of a dead person, and allow factfinders to substitute their own norms and preferences for the donor’s intent. In addition, the slayer doctrine—which prohibits killers from inheriting from their victims—has generated decades of constitutional challenges.

But recently, these controversial rules have migrated into an area where the stakes are significantly higher: the criminal justice system. For ...


Homosexuality And Adoption Of Children: A Bibliometric Analysis, Karthiayani A. Ms., Manika Kamthan Dr. May 2021

Homosexuality And Adoption Of Children: A Bibliometric Analysis, Karthiayani A. Ms., Manika Kamthan Dr.

Library Philosophy and Practice (e-journal)

This study is based on the bibliometric analysis of research publications that focus on highlighting the impact of homosexuality on the process of adoption of children. The primary objective of this study is to analyze the frequency of publications focusing on the impact of parental sexual orientation on the process of adoption in different countries. The data required for this study was collected from the Scopus database and was analyzed using VOSviewer software. Literature published from 2000 to January 2021 were extracted and analyzed. A total of 284 documents which are classified into articles, letters, editorials, conference papers, and reviews ...


Divorce Without Marriage: Taxing Property Transfers Between Cohabiting Adults, Keeva Terry May 2021

Divorce Without Marriage: Taxing Property Transfers Between Cohabiting Adults, Keeva Terry

University of Cincinnati Law Review

No abstract provided.


Rejecting ‘Unjustified’ Rejection: Why Family Courts Should Exclude Parental Alienation Experts, Alyssa G. Rao May 2021

Rejecting ‘Unjustified’ Rejection: Why Family Courts Should Exclude Parental Alienation Experts, Alyssa G. Rao

Boston College Law Review

Parental alienation is a controversial and disputed proposed mental disorder whereby children unjustifiably reject one parent because of the other parent’s influence. One parent often raises parental alienation in family court when the other parent makes an accusation of domestic abuse. Despite appearing in the legal discourse, no professional organization officially recognizes either parental alienation or the related concept of parental alienation syndrome, the original anti-feminist theory from which parental alienation derives. Domestic violence advocates staunchly criticize both “disorders” because the theories can undercut legitimate and concerning abuse allegations. Nonetheless, courts invite such experts into the courtroom to aid ...


Deinstitutionalization, Family Reunification, And The "Best Interests Of The Child": An Examination Of Armenia's Child Protection Obligations Under Conventional International Law, George S. Yacoubian Jr., Esq. May 2021

Deinstitutionalization, Family Reunification, And The "Best Interests Of The Child": An Examination Of Armenia's Child Protection Obligations Under Conventional International Law, George S. Yacoubian Jr., Esq.

Pace International Law Review

For nearly a century, the global community has sought to afford children legal protections, abandoning widely held views that children were pecuniary assets. In the United States and globally, a nascent children’s rights movement culminated in broad child welfare reform. Whether adoption, armed conflict, child labor, education, human trafficking, or deinstitutionalization, the post-war 20th century witnessed an evolution of international child protections. The prevailing standard of “best interests of the child” (BIC) has been incorporated into domestic and international law doctrine and, not surprisingly, has been operationalized in a variety of ways. In recent years, the standard has been ...


Exploring Tactile Art-Making With Deafblind Students And Their Families: An Opportunity For Creative Play, Alice Rodgers May 2021

Exploring Tactile Art-Making With Deafblind Students And Their Families: An Opportunity For Creative Play, Alice Rodgers

Expressive Therapies Capstone Theses

The impact of a deafblind diagnosis on an individual’s mental health and the well-being of the family involved can be profound. However, current research and available literature for the mental health treatment and therapy practices of deafblind persons and their families is limited (Kyzar et al., 2016; “WFDB Global Report 2018,” n.d.). This thesis used the Leeds Family Psychology and Therapy Service principles (Leeds FPTS) and the Expressive Therapies Continuum with established deafblind teaching strategies to facilitate an original arts-based community project entitled: “Things We Like.” This project provided an opportunity for deafblind students (ages three to 22 ...


Law School News: Professor Of The Year 2021: Brittany Raposa 05/20/2021, Michael M. Bowden May 2021

Law School News: Professor Of The Year 2021: Brittany Raposa 05/20/2021, Michael M. Bowden

Life of the Law School (1993- )

No abstract provided.


Children Have Rights, Too: How The Thirteenth Amendment Can Protect America's Abused Youth, Francesca Lauta May 2021

Children Have Rights, Too: How The Thirteenth Amendment Can Protect America's Abused Youth, Francesca Lauta

Undergraduate Honors Theses

Three million children are abused every year in the United States. Although there are some safeguards, such as foster care and state child abuse laws, the number of abused children has not dwindled. How should the federal government respond? This article argues that the Thirteenth Amendment can be interpreted to protect abused children. It is widely accepted that the Thirteenth Amendment’s sole purpose is to abolish Black slavery, therefore rendering it useless in the modern legal climate. Nothing in the wording or context of the Amendment, however, suggests that it is limited to Black slavery. Interpreting the Amendment to ...


Care In The Time Of Covid: Addressing The State Of Family And Medical Leave In Light Of The Covid-19 Pandemic, Emily Kowalik May 2021

Care In The Time Of Covid: Addressing The State Of Family And Medical Leave In Light Of The Covid-19 Pandemic, Emily Kowalik

Journal of Legislation

No abstract provided.


In Deciding Fulton V. Philadelphia, The Supreme Court Should Remember That Foster Care Is For The Children, James Dwyer May 2021

In Deciding Fulton V. Philadelphia, The Supreme Court Should Remember That Foster Care Is For The Children, James Dwyer

Popular Media

No abstract provided.


A Chance To Save Lives: A Guide For How And Why The Us Should Mandate Vaccines For Children And Limit State Exemption Laws, Lauren Zidones May 2021

A Chance To Save Lives: A Guide For How And Why The Us Should Mandate Vaccines For Children And Limit State Exemption Laws, Lauren Zidones

Akron Law Review

Vaccines have helped increase the life expectancy for humans in the 20th century and have reduced the number of deaths associated with infectious diseases. Despite efforts by the CDC, state and local governments, and other public health agencies, infectious diseases are still a major cause of illness, disability, and death. Steps must be taken to address the continued rise of vaccine-preventable diseases in America. Eliminating or limiting state exemptions for mandatory vaccinations for school-aged children is the simplest way to address this growing issue. However, a population of parents argue for absolute parental rights and stand against any vaccine exemption ...


International Family Law, Robert G. Spector, Melissa A. Kucinski May 2021

International Family Law, Robert G. Spector, Melissa A. Kucinski

The Year in Review

No abstract provided.


Gestational Surrogacy Contract Terms Under The 2017 Uniform Parentage Act May 2021

Gestational Surrogacy Contract Terms Under The 2017 Uniform Parentage Act

Child and Family Law Journal

No abstract provided.


Chimerism And Mosaicism: The Fallibility Of Dna Evidence May 2021

Chimerism And Mosaicism: The Fallibility Of Dna Evidence

Child and Family Law Journal

No abstract provided.


How To End The Cycle Of Domestic Violence: Policies Focused On Children May 2021

How To End The Cycle Of Domestic Violence: Policies Focused On Children

Child and Family Law Journal

There is an alarming amount of people who witness childhood domestic violence, and when children are exposed to domestic violence, they are subjected to a cycle of violence and trauma that exists in families for generations.1 However, society does not focus on trauma-exposed children to help break the cycle of domestic violence, even though child witnesses and victims become future abusers and prison inmates. This paper explains the cycle of domestic violence and its traumatic effects, examines the problems and limits of the law in respect to family intervention, and concludes with policy solutions focused on assisting children exposed ...


The True Detriment Of Sibling Separation Lies In The Law May 2021

The True Detriment Of Sibling Separation Lies In The Law

Child and Family Law Journal

No abstract provided.


Comment: Doe V. Woodard And Its Impact On The Circuit Split Surrounding Social Workers’ Inspections Of Suspected Victims Of Child Abuse May 2021

Comment: Doe V. Woodard And Its Impact On The Circuit Split Surrounding Social Workers’ Inspections Of Suspected Victims Of Child Abuse

Child and Family Law Journal

No abstract provided.


Child Entertainers And Their Limited Protections: A Call For An Interstate Compact May 2021

Child Entertainers And Their Limited Protections: A Call For An Interstate Compact

Child and Family Law Journal

No abstract provided.


Parental Leave In The United States: Why The United States Should Follow France In Implementing Mandatory Paid Paternal Leave May 2021

Parental Leave In The United States: Why The United States Should Follow France In Implementing Mandatory Paid Paternal Leave

Child and Family Law Journal

This article addresses an issue relevant to all working parents: paid parental leave. The United States is the only industrialized nation in the world to not guarantee paid leave for parents. Substantial research and studies have documented numerous benefits correlated to paid parental leave including increased workforce participation, health benefits for both children and parents, reduced gender stereotypes, and more. Unfortunately, many fathers are stigmatized when they choose to take family leave; therefore, making leave mandatory is necessary to reduce this stigma. Current paternity leave policies in the United States will be analyzed under the FMLA, individual states, and private ...


The Current State Of Students’ Fourth Amendment Rights: How Implicit Bias Goes Unchecked In A Subjective Framework May 2021

The Current State Of Students’ Fourth Amendment Rights: How Implicit Bias Goes Unchecked In A Subjective Framework

Child and Family Law Journal

No abstract provided.


How To End The Cycle Of Domestic Violence: Policies Focused On Children, Ashley Phillips May 2021

How To End The Cycle Of Domestic Violence: Policies Focused On Children, Ashley Phillips

Student Scholarship

There is an alarming amount of people who witness childhood domestic violence, and when children are exposed to domestic violence, they are subjected to a cycle of violence and trauma that exists in families for generations. However, society does not focus on trauma-exposed children to help break the cycle of domestic violence, even though child witnesses and victims become future abusers and prison inmates. This paper explains the cycle of domestic violence and its traumatic effects, examines the problems and limits of the law in respect to family intervention, and concludes with policy solutions focused on assisting children exposed to ...


Appraising Problems, Not Stuff, Chad J. Pomeroy May 2021

Appraising Problems, Not Stuff, Chad J. Pomeroy

St. Mary's Law Journal

Abstract forthcoming.


Specialty Bar Associations And The Marketing Of Ethics: The Example Of The Academy Of Adoption Attorneys, Malinda L. Seymore May 2021

Specialty Bar Associations And The Marketing Of Ethics: The Example Of The Academy Of Adoption Attorneys, Malinda L. Seymore

Faculty Scholarship

In a world of lawyer jokes, memes of sleazy lawyers and the ubiquity of bad lawyers in television shows and movies, lawyers have reason to push back against negative public perceptions of lawyers’ ethics. This article examines the role of specialty bar associations, by using the example of the Academy of Adoption Attorneys, in marketing ethics to the public.

Specialty bar associations have been seen as sites of lawyer socialization and professionalism. Though there are thousands of specialty bar associations with aspirational ethical codes, the Academy of Adoption Attorneys is unusual among such associations in having a mandatory ethics code ...


Children Are Human, Kim Pearson Apr 2021

Children Are Human, Kim Pearson

Texas A&M Law Review

There are great benefits to be had should the United States, one of the global leaders in economic strength and political power, ratify the United Nations Convention on the Rights of the Child (“CRC”). The mystery of the United States’s ultimate reluctance to ratify the CRC, despite the nation’s central role in the drafting process, has been interrogated for years. Scholars and policy- makers have developed compelling narratives regarding obstacles to the United States’s ratification and implementation of the CRC. However well- reasoned the arguments for ratification are, there has been little progress in persuading the United ...


A Taxonomy Of The Hardships Children Of Immigrant Parents Face Following Parental Deportation And Recommendations To Protect The Children’S Rights, Heather Sanborn Apr 2021

A Taxonomy Of The Hardships Children Of Immigrant Parents Face Following Parental Deportation And Recommendations To Protect The Children’S Rights, Heather Sanborn

Chicago-Kent Law Review

No abstract provided.