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Full-Text Articles in Law
Removing Violent Parents From The Home: A Test Case For The Public Health Approach, Robin Fretwell Wilson
Removing Violent Parents From The Home: A Test Case For The Public Health Approach, Robin Fretwell Wilson
Robin Fretwell Wilson
Child services caseworkers adhere to the belief that, in the absence of prosecution, the only remedy for protecting a child harmed by a parent is to remove the child from her home. The effect of this often is to leave the alleged perpetrator in the household with the victim's siblings. Using sexual violence as an example, this Comment contends the evidence of potential risk for the remaining children is so overwhelming that, as a matter of policy, an adult who violates one child should be removed from the household. Parents who commit incest rarely stop with one child. Ignoring such …
Substantive Due Process For Noncitizens: Lessons From Obergefell, Anthony O'Rourke
Substantive Due Process For Noncitizens: Lessons From Obergefell, Anthony O'Rourke
Michigan Law Review First Impressions
The state of Texas denies birth certificates to children born in the United States—and thus citizens under the Fourteenth Amendment—if their parents are undocumented immigrants with identification provided by their home countries’ consulates. What does this have to do with same-sex marriage? In a previous article, I demonstrated that the Supreme Court’s substantive due process analysis in United States v. Windsor is particularly relevant to the state’s regulation of undocumented immigrants. This Essay builds on my earlier analysis by examining United States v. Obergefell’s applications outside the context of same-sex marriage. Obergefell’s due process holding, I argue, can …
Jon & Kate Plus The State: Why Congress Should Protect Children In Reality Programming, Dayna B. Royal
Jon & Kate Plus The State: Why Congress Should Protect Children In Reality Programming, Dayna B. Royal
Akron Law Review
One is forced to wonder whether any laws exist to protect minors whose personal lives are laid bare as their own parents thrust them into the paparazzi’s spotlight. This article addresses this question, considering the best legal regime for regulating employment of children in reality programming, and suggesting an alternative to the status quo. To that end, Part II begins by identifying the various harms reality programming causes, arguing that participating in reality programming is detrimental both to the individual children who participate and to society in general. Part III surveys the current legal landscape, addressing first the federal law …
Foreign And Religious Family Law: Comity, Contract, And The Constitution, Ann Laquer Estin
Foreign And Religious Family Law: Comity, Contract, And The Constitution, Ann Laquer Estin
Pepperdine Law Review
The article focuses on role of the U.S. courts in confronting religious laws in dispute resolution of various cases of domestic relations, contracts, and torts. Topics discussed include role of secular courts in maintaining constitutional balance between the free exercise and establishment clauses, constitutional challenges faced by religious adherents, and importance of legal pluralism in the U.S.