Open Access. Powered by Scholars. Published by Universities.®
- Keyword
-
- Parent and Child (16)
- Child Welfare (10)
- Family Law (7)
- Best Interests of the Child Doctrine (6)
- Child Custody (6)
-
- Reproductive Rights (5)
- Children (4)
- Children's Rights (3)
- Divorce (3)
- Marriage Law (3)
- Pregnancy Complications (3)
- Same-Sex Marriage (3)
- Unborn Children (3)
- W&M Faculty (3)
- Women's Rights (3)
- Abortion (2)
- Child Abuse (2)
- Child Support (2)
- Drinking in Pregnancy (2)
- Drug Abuse in Pregnancy (2)
- Due Process of Law (2)
- Federalism (2)
- Freedom of Religion (2)
- Gay Parents (2)
- Gays (2)
- Right of Privacy (2)
- Troxel v. Granville (530 U.S. 57 (2000)) (2)
- Planned Parenthood v. Casey (505 U.S. 833 (1992)) (1)
- Abused Children (1)
- Adoption (1)
Articles 1 - 30 of 47
Full-Text Articles in Law
An Illiberal Union, Sonu Bedi
An Illiberal Union, Sonu Bedi
William & Mary Bill of Rights Journal
This Article breaks new ground by applying the philosophical framework of liberal neutrality (most famously articulated by John Rawls) to the United States Supreme Court’s jurisprudence on marriage. At first blush, the Court’s decision in Obergefell v. Hodges—the culmination of marriage rights—seems to affirm a central principle of liberalism, namely equal access to marriage regardless of sexual orientation. Gays and lesbians can finally take part in an institution that celebrates the union of two committed individuals. But perversely, in its attempt to expand access to marriage, the Court has simultaneously entrenched values that are antithetical to the basic tenants …
Interpretation And Re-Interpretation Of A Clause: Magna Carta And The Widow’S Quarantine, Janet Loengard
Interpretation And Re-Interpretation Of A Clause: Magna Carta And The Widow’S Quarantine, Janet Loengard
William & Mary Bill of Rights Journal
No abstract provided.
How The Liberati Sabotaged Child Welfare, David Stoesz
How The Liberati Sabotaged Child Welfare, David Stoesz
William & Mary Bill of Rights Journal
No abstract provided.
Re-Evaluating The Criminalization Of In Utero Alcohol Exposure: A Harm-Reduction Approach, Adam J. Duso, John Stogner
Re-Evaluating The Criminalization Of In Utero Alcohol Exposure: A Harm-Reduction Approach, Adam J. Duso, John Stogner
William & Mary Bill of Rights Journal
No abstract provided.
Child Protection’S Parental Preference, Daniel Heimpel
Child Protection’S Parental Preference, Daniel Heimpel
William & Mary Bill of Rights Journal
No abstract provided.
Project Prevention: Concept, Operation, Results And Controversies About Paying Drug Abusers To Obtain Long-Term Birth Control, Bruce A. Thyer
Project Prevention: Concept, Operation, Results And Controversies About Paying Drug Abusers To Obtain Long-Term Birth Control, Bruce A. Thyer
William & Mary Bill of Rights Journal
This Article describes the origins and current operation of Project Prevention, a privately-funded program that provides a payment of $300 to substance abusers who obtain long-term birth control. This practice is intended as a means to prevent the conception of babies to mothers who are prone to expose their developing child to toxic levels of alcohol or other drugs during pregnancy, likely to be unable to care for their child once born, and at risk for having their child removed from their custody by the state and placed in foster care or an adoptive home. Children born to such mothers …
The Impact Of Liberal Ideology On Child Protection Reform, Cassie Statuto Bevan
The Impact Of Liberal Ideology On Child Protection Reform, Cassie Statuto Bevan
William & Mary Bill of Rights Journal
No abstract provided.
Thoughts On The Liberal Dilemma In Child Welfare Reform, Elizabeth Bartholet
Thoughts On The Liberal Dilemma In Child Welfare Reform, Elizabeth Bartholet
William & Mary Bill of Rights Journal
No abstract provided.
Why The American Child Welfare System Is Not Child Centered, Richard J. Gelles
Why The American Child Welfare System Is Not Child Centered, Richard J. Gelles
William & Mary Bill of Rights Journal
No abstract provided.
Stanley V. Illinois’S Untold Story, Josh Gupta-Kagan
Stanley V. Illinois’S Untold Story, Josh Gupta-Kagan
William & Mary Bill of Rights Journal
Stanley v. Illinois is one of the Supreme Courts more curious landmark cases. The holding is well known: the Due Process Clause both prohibits states from removing children from the care of unwed fathers simply because they are not married and requires states to provide all parents with a hearing on their fitness. By recognizing strong due process protections for parents rights, Stanley reaffirmed Lochner-era cases that had been in doubt and formed the foundation of modern constitutional family law. But Peter Stanley never raised due process arguments, so it has long been unclear how the Court reached this decision. …
A Liberal Dilemma: Respecting Autonomy While Also Protecting Inchoate Children From Prenatal Substance Abuse, Andrew J. Weisberg, Frank E. Vandervort
A Liberal Dilemma: Respecting Autonomy While Also Protecting Inchoate Children From Prenatal Substance Abuse, Andrew J. Weisberg, Frank E. Vandervort
William & Mary Bill of Rights Journal
No abstract provided.
Diagnosing Liberal Resistance To Needed Child Welfare Reforms, James G. Dwyer
Diagnosing Liberal Resistance To Needed Child Welfare Reforms, James G. Dwyer
William & Mary Bill of Rights Journal
No abstract provided.
Voided Vows: Annulment As A Full Faith And Credit Solution To The Same-Sex Divorce Conundrum, Katharine J. Westfall
Voided Vows: Annulment As A Full Faith And Credit Solution To The Same-Sex Divorce Conundrum, Katharine J. Westfall
William & Mary Bill of Rights Journal
No abstract provided.
Constitutional Limits On The Right Of Government Investigations To Interview And Examine Alleged Victims Of Child Abuse Or Neglect, Teri Dobbins Baxter
Constitutional Limits On The Right Of Government Investigations To Interview And Examine Alleged Victims Of Child Abuse Or Neglect, Teri Dobbins Baxter
William & Mary Bill of Rights Journal
Investigating allegations of child abuse or neglect presents unique challenges, particularly if parents or guardians are the alleged perpetrators. Those accused of harming the children are in a position to prevent the victims from getting access to the help they need to escape their abuser(s). The courts have not clearly defined the federal constitutional boundaries of searches and seizures in this context. The Supreme Court, in particular, has not weighed in on the constitutionality of warrantless searches and seizures in connection with abuse and neglect investigations. This lack of Supreme Court guidance has led to unpredictable and sometimes conflicting opinions …
A Child-Centered Response To The Elkins Family Law Task Force, Amy M. Pellman, Robert N. Jacobs, Dara K. Reiner
A Child-Centered Response To The Elkins Family Law Task Force, Amy M. Pellman, Robert N. Jacobs, Dara K. Reiner
William & Mary Bill of Rights Journal
In Elkins v. Superior Court, 163 P.3d 160 (Cal. 2007), California’s Supreme Court asked the Judicial Council to form a task force to make recommendations to increase “access to justice” in family court, because it was concerned about rules, policies, and procedures that put self-represented litigants at an unfair disadvantage in parentageand dissolution cases.
Neither the task force’s report in 2010 nor the legislation that the report inspired the same year addresses children’s due process rights, even though children ordinarily have no access to justice. This Article shows that due process sometimes requires the trial court to appoint counsel for …
The Defense Of Marriage Act And Uncategorical Federalism, David B. Cruz
The Defense Of Marriage Act And Uncategorical Federalism, David B. Cruz
William & Mary Bill of Rights Journal
This Essay addresses federalism objections to section 3 of the Defense of Marriage Act (DOMA). Ordinarily, the federal government accepts states’ determinations of what couples are validly married. Section 3 of DOMA, however, fashions a broad exception for same-sex couples, who are definitionally deemed not to be in “marriages.” In addition to equal protection and full faith and credit challenges to DOMA, litigants have made constitutional federalism arguments. In Massachusetts v. United
States Department of Health and Human Services, the federal trial court accepted one such argument, though in a form that might be read to categorically deny the federal …
Color Conscious: The Unconstitutionality Of Adoptive Parents' Expression Of Racial Preferences In The Adoption Process, Colin Schlueter
Color Conscious: The Unconstitutionality Of Adoptive Parents' Expression Of Racial Preferences In The Adoption Process, Colin Schlueter
William & Mary Bill of Rights Journal
No abstract provided.
Embryo Fundamentalism, June Carbone, Naomi Cahn
Embryo Fundamentalism, June Carbone, Naomi Cahn
William & Mary Bill of Rights Journal
No abstract provided.
Privatizing Family Law In The Name Of Religion, Robin Fretwell Wilson
Privatizing Family Law In The Name Of Religion, Robin Fretwell Wilson
William & Mary Bill of Rights Journal
No abstract provided.
Best Interests And Parental Presumptions: Bringing Same-Sex Custody Agreements Beyond Preclusion By The Federal Defense Of Marriage Act, Alison M. Schmieder
Best Interests And Parental Presumptions: Bringing Same-Sex Custody Agreements Beyond Preclusion By The Federal Defense Of Marriage Act, Alison M. Schmieder
William & Mary Bill of Rights Journal
No abstract provided.
Family Law Federalism: Divorce And The Constitution, Ann Laquer Estin
Family Law Federalism: Divorce And The Constitution, Ann Laquer Estin
William & Mary Bill of Rights Journal
American divorce law was transformed by the Supreme Court in a series of decisions beginning with Williams v. North Carolina in 1942. These constitutional full faith and credit cases resolved a long-standing federalism problem by redefining the scope of state power over marital status. With these decisions, the Court shifted from an analysis based on the competing interests of different states to an approach that highlighted the individual interests of the parties involved. This change fundamentally altered state power over the family by extending to individuals greater control of their marital status. In the process, the Court cleared a path …
A Child's Right: What Should The State Be Required To Provide To Teenagers Aging Out Of Foster Care, Katherine M. Swift
A Child's Right: What Should The State Be Required To Provide To Teenagers Aging Out Of Foster Care, Katherine M. Swift
William & Mary Bill of Rights Journal
Teenagers aging out of foster care face harms that can be traced to their lack of preparation for adulthood. This Article argues that teenagers in foster care have a substantive due process right to services not only while they are in state custody but also after they age out of care. The lower federal courts have interpreted the Supreme Court's decision in DeShaney v. Winnebago County Department of Social Services to mean that foster children-like prisoners and mentally retarded people held in state custody-have a substantive due process right to personal safety. What the courts have not considered is how …
Form And Substance In Parentage Law, Lynn D. Wardle
Form And Substance In Parentage Law, Lynn D. Wardle
William & Mary Bill of Rights Journal
No abstract provided.
Parentage At Birth: Birthfathers And Social Fatherhood, Nancy E. Dowd
Parentage At Birth: Birthfathers And Social Fatherhood, Nancy E. Dowd
William & Mary Bill of Rights Journal
No abstract provided.
A Child-Centered Approach To Parentage Law, James G. Dwyer
A Child-Centered Approach To Parentage Law, James G. Dwyer
William & Mary Bill of Rights Journal
No abstract provided.
The Constitutionality Of Best Interests Parentage, David D. Meyer
The Constitutionality Of Best Interests Parentage, David D. Meyer
William & Mary Bill of Rights Journal
No abstract provided.
Bringing Up Baby: Adoption, Marriage, And The Best Interests Of The Child, Robin Fretwell Wilson, W. Bradford Wilcox
Bringing Up Baby: Adoption, Marriage, And The Best Interests Of The Child, Robin Fretwell Wilson, W. Bradford Wilcox
William & Mary Bill of Rights Journal
No abstract provided.
Protecting Children By Preserving Parenthood, Jane C. Murphy
Protecting Children By Preserving Parenthood, Jane C. Murphy
William & Mary Bill of Rights Journal
No abstract provided.
To Protect And Defend: Assigning Parental Rights When Parents Are In Poverty, Karen Czapanskiy
To Protect And Defend: Assigning Parental Rights When Parents Are In Poverty, Karen Czapanskiy
William & Mary Bill of Rights Journal
No abstract provided.
Domestic Relations, Missouri V. Holland, And The New Federalism, Mark Strasser
Domestic Relations, Missouri V. Holland, And The New Federalism, Mark Strasser
William & Mary Bill of Rights Journal
No abstract provided.