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Full-Text Articles in Law
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 …