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Beyond Wrongful Adoption: Expanding Adoption Agency Liability To Include A Duty To Investigate And A Duty To Warn, Jennifer Emmaneel
Beyond Wrongful Adoption: Expanding Adoption Agency Liability To Include A Duty To Investigate And A Duty To Warn, Jennifer Emmaneel
Golden Gate University Law Review
This note discusses the evolution of the tort of wrongful adoption. At first, state courts would only allow adoptive parents to recover for wrongful adoption if they could prove that the adoption agency's conduct constituted fraud, a common law tort that requires the adoption agency's conduct to be intentional. In time, public policy interests, such as the need for adoptive parents to be emotionally and financially prepared to raise a special needs child, persuaded state courts to allow adoptive parents to recover under the less stringent tort of negligence. As opposed to fraud, a showing of negligence does not require …
California's Conclusive Presumption Of Paternity And The Expansion Of Unwed Fathers' Rights, Batya F. Smernoff
California's Conclusive Presumption Of Paternity And The Expansion Of Unwed Fathers' Rights, Batya F. Smernoff
Golden Gate University Law Review
This comment begins with the history of the conclusive presumption of paternity in California, from its common law roots to its modern day affirmation in Michael H. v. Gerald D. This background will discuss the adoption of the Uniform Parentage Act in California and its application in paternity proceedings. In an effort to advocate the need for its repeal, this comment will also discuss the modem trend in the California courts to circumvent the conclusive presumption. The comment concludes that this rebuttable presumption enables an unwed father to establish his parental rights regardless of the mother's marital status. By protecting …
Anderson V. Edwards: Can Two Live More Cheaply Than One? The Effect Of Cohabitation On Afdc Grants, Irma S. Jurado
Anderson V. Edwards: Can Two Live More Cheaply Than One? The Effect Of Cohabitation On Afdc Grants, Irma S. Jurado
Golden Gate University Law Review
This note will first discuss the background of the AFDC program and how it is regulated by the federal and state governments. A discussion of several lower federal and state court decisions which have dealt with the issue presented to the United States Supreme Court in Anderson v. Edwards will follow. Next, this note will examine the Court's analysis and holding in Anderson. The note concludes with the author's assessment as to why the holding in Anderson was correct.