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Full-Text Articles in Law

Why Teach International Family Law In Conflicts?, William L. Reynolds Jan 1995

Why Teach International Family Law In Conflicts?, William L. Reynolds

Faculty Scholarship

[The author] sets forth a challenge to conflicts professors: to teach international family law in their conflict of laws classes. At present, many conflicts professors avoid teaching international family law, in part because the study of this subject is complicated by several statutes addressing particularly difficult issues. Ignorning international family law is unwise, because many United States citizens and lawyers are likely to confront such problems.


Implementation Of Standby Guardianship: Respect For Family Autonomy, Deborah J. Weimer Jan 1995

Implementation Of Standby Guardianship: Respect For Family Autonomy, Deborah J. Weimer

Faculty Scholarship

No abstract provided.


Reflections On A Case (Of Motherhood), Jane M. Spinak Jan 1995

Reflections On A Case (Of Motherhood), Jane M. Spinak

Faculty Scholarship

She surveyed my office for signs of conspiracy. We had had two or three telephone conversations that had conveyed my ambivalence about representing her. A former colleague had urged her to call the clinic for help but I was reluctant to accept her case for the clinic: we rarely represented foster parents and the procedural complexity of the case convinced me that I would be unable to assign students to represent this client so late in the semester. I was resigned, however, to help her find a lawyer, both because a former colleague had sent her and because the snippets …


Parents As Fiduciaries, Elizabeth S. Scott, Robert E. Scott Jan 1995

Parents As Fiduciaries, Elizabeth S. Scott, Robert E. Scott

Faculty Scholarship

Traditionally, the law has deferred to the rights of biological parents in regulating the parent-child relationship. More recently, as the emphasis of legal regulation has shifted to protecting children's interests, critics have targeted the traditional focus on parents' rights as impeding the goal of promoting children's welfare. Some contemporary scholars argue instead for a "child-centered perspective," in contrast to the current regime under which biological parents continue to have important legal interests in their relationship with their children. The underlying assumption of this claim is that the rights of parents and the interests of children often are conflicting, and that …