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Articles 31 - 60 of 154
Full-Text Articles in Law
Unfettered Discretion: Criminal Orders Of Protection And Their Impact On Parent Defendants, David Michael Jaros
Unfettered Discretion: Criminal Orders Of Protection And Their Impact On Parent Defendants, David Michael Jaros
Indiana Law Journal
The last two decades have witnessed an astonishing increase in the use of the criminal justice system to police neglectful parents. Recasting traditional allegations of neglect as criminal charges of endangering the welfare of a child, prosecutors and the police have involved criminal courts in the regulation of aspects of the parent-child relationship that were once the sole province of family courts. This Article explores the legal implications of vesting judges in these cases with the unfettered discretion to issue protective orders that criminalize contact between a parent and her child.I argue that procedures for issuing protective orders that were …
Shaping Parental Authority Over Children's Bodies, Alicia Ouellette
Shaping Parental Authority Over Children's Bodies, Alicia Ouellette
Indiana Law Journal
In the health-care setting, parental decisions to size, shape, sculpt, and mine children's bodies through the use of nontherapeutic medical and surgical interventions are a matter of parental choice except in extraordinary cases involving grievous harm. This Article questions the assumption of parental rights that frames the current paradigm for medical decision making for children. Focusing on cases involving eye surgery, human growth hormone, liposuction, and growth stunting, I argue that by allowing parents to subordinate their children's interests to their own, the current paradigm distorts the parent-child relationship and objectifies children in violation of the moral principle, deeply embedded …
Marital Naming/Naming Marriage: Language And Status In Family Law, Suzanne A. Kim
Marital Naming/Naming Marriage: Language And Status In Family Law, Suzanne A. Kim
Indiana Law Journal
What's in a name? Based on current family law and policy debates, the answer would seem to be: a whole lot. Today's discussion of legal prohibitions of same-sex marriage abounds with the assumption that language, in the form of names and labels, is deeply meaningful from a status perspective. Missing from this debate, however, is a careful examination of the role that names and labels play in the construction of the status category of marriage. This Article fills this gap in family law scholarship by providing an explicit account of how language plays a critical role in reflecting and reinforcing …
What Parents Don't Know: Informed Consent, Marriage, And Genital-Normalizing Surgery On Intersex Children, Samantha S. Uslan
What Parents Don't Know: Informed Consent, Marriage, And Genital-Normalizing Surgery On Intersex Children, Samantha S. Uslan
Indiana Law Journal
No abstract provided.
The Uses And Abuses Of Religion In Child Custody Cases: Parents Outside The Wall Of Separation, Joshua S. Press
The Uses And Abuses Of Religion In Child Custody Cases: Parents Outside The Wall Of Separation, Joshua S. Press
Indiana Law Journal
Religious custody disputes such as those at the Fundamentalist Church of Jesus Christ of Latter-Day Saints compound in April, 2008 are very complex and are finding their way into courts with increasing regularity. This Essay argues that in responding to these religious custody disputes, courts should abstain from either analyzing a parent’s religious practices for their perceived “risks of harm” to the child, or from applying a flat rule to ensure that the custodial parent’s religious preferences take primacy. Instead, courts should employ the actual or substantial harm standard—which would only bar a parent from fully practicing her religion if …
What About The Children? A Call For Regulation Of Assisted Reproductive Technology, Cahterine A. Clements
What About The Children? A Call For Regulation Of Assisted Reproductive Technology, Cahterine A. Clements
Indiana Law Journal
No abstract provided.
Testing The Testimonial Concept And Exceptions To Confrontation: "A Little Child Shall Lead Them", Robert P. Mosteller
Testing The Testimonial Concept And Exceptions To Confrontation: "A Little Child Shall Lead Them", Robert P. Mosteller
Indiana Law Journal
The papers in this symposium were originally prepared for the Section on Evidence of the 2007 Annual Meeting of the Association of American Law Schools.
Children As Witnesses: A Symposium On Child Competence And The Accused's Right To Confront Child Witnesses, Aviva A. Orenstein
Children As Witnesses: A Symposium On Child Competence And The Accused's Right To Confront Child Witnesses, Aviva A. Orenstein
Indiana Law Journal
The papers in this symposium were originally prepared for the Section on Evidence of the 2007 Annual Meeting of the Association of American Law Schools.
One More Time: Alimony, Intuition, And The Remarriage-Termination Rules, Judicial Termination Rules, Al Termination Rule, Cynthia Lee Starnes
One More Time: Alimony, Intuition, And The Remarriage-Termination Rules, Judicial Termination Rules, Al Termination Rule, Cynthia Lee Starnes
Indiana Law Journal
No abstract provided.
Conceptualizing Violence Against Pregnant Women, Deborah Tuerkheimer
Conceptualizing Violence Against Pregnant Women, Deborah Tuerkheimer
Indiana Law Journal
No abstract provided.
In Defense Of Maroni: Why Parents Should Be Allowed To Proceed Pro Se In Idea Cases, M. Brendhan Flynn
In Defense Of Maroni: Why Parents Should Be Allowed To Proceed Pro Se In Idea Cases, M. Brendhan Flynn
Indiana Law Journal
No abstract provided.
Contesting Gender In Popular Culture And Family Law: Middlesex And Other Transgender Tales, Susan Frelich Appleton
Contesting Gender In Popular Culture And Family Law: Middlesex And Other Transgender Tales, Susan Frelich Appleton
Indiana Law Journal
No abstract provided.
Someday All This Will Be Yours: Inheritance, Adoption, And Obligation In Capitalist America, Hendrik Hartog
Someday All This Will Be Yours: Inheritance, Adoption, And Obligation In Capitalist America, Hendrik Hartog
Indiana Law Journal
Harris Lecture, delivered to the faculty and students of Indiana University School of Law-Bloomington on April 7, 2003.
Also see: Hartog, Hendrik. Someday All This Will be Yours: A History of Inheritance and Old Age. Cambridge: Harvard University Press, 2012.
Indiana Choice-Of-Law Doctrine After Gollnick V. Gollnick, Peter T. Snow
Indiana Choice-Of-Law Doctrine After Gollnick V. Gollnick, Peter T. Snow
Indiana Law Journal
No abstract provided.
A "Frozen Exception" For The Frozen Embryo: The Davis "Reasonable Alternatives Exception", Jennifer L. Medenwald
A "Frozen Exception" For The Frozen Embryo: The Davis "Reasonable Alternatives Exception", Jennifer L. Medenwald
Indiana Law Journal
No abstract provided.
Customized Marriage, James Herbie Difonzo
The Primary Caretaker Presumption: Have We Been Presuming Too Much?, Paul L. Smith
The Primary Caretaker Presumption: Have We Been Presuming Too Much?, Paul L. Smith
Indiana Law Journal
No abstract provided.
Reaffirming No-Fault Divorce: Supplementing Formal Equality With Substantive Change, Erin R. Melnick
Reaffirming No-Fault Divorce: Supplementing Formal Equality With Substantive Change, Erin R. Melnick
Indiana Law Journal
No abstract provided.
Paternalism In The Law Of Marriage, Jeffrey E. Stake
Paternalism In The Law Of Marriage, Jeffrey E. Stake
Indiana Law Journal
No abstract provided.
Balancing Interests In Frozen Embryo Disputes: Is Adoption Really A Reasonable Alternative?, David L. Theyssen
Balancing Interests In Frozen Embryo Disputes: Is Adoption Really A Reasonable Alternative?, David L. Theyssen
Indiana Law Journal
No abstract provided.
Collaborative Pedagogic Efforts On Behalf Of Children In Custody Disputes, Glenn Stone
Collaborative Pedagogic Efforts On Behalf Of Children In Custody Disputes, Glenn Stone
Indiana Law Journal
Symposium: Law and the New American Family Held at Indiana University School of Law Apr. 4, 1997
Clinical Education And The "Best Interest" Representation Of Children In Custody Disputes: Challenges And Opportunities In Lawyering And Pedagogy, Francis Gall Hill
Clinical Education And The "Best Interest" Representation Of Children In Custody Disputes: Challenges And Opportunities In Lawyering And Pedagogy, Francis Gall Hill
Indiana Law Journal
Symposium: Law and the New American Family Held at Indiana University Law School - Bloomington Apr. 4, 1997
Lawyers As Nonlawyers In Child-Custody And Visitation Cases: Questions From The "Legal Ethics" Perspective, Bruce A. Green
Lawyers As Nonlawyers In Child-Custody And Visitation Cases: Questions From The "Legal Ethics" Perspective, Bruce A. Green
Indiana Law Journal
Symposium: Law and the New American Family Held at Indiana University School of Law Apr. 4, 1997
Voices Lost And Found: Training Ethical Lawyers For Children, William A. Kell
Voices Lost And Found: Training Ethical Lawyers For Children, William A. Kell
Indiana Law Journal
Symposium: Law and the New American Family Held at Indiana University School of Law Apr. 4, 1997
Joint Custody And Strategic Behavior, Saul Levmore
Joint Custody And Strategic Behavior, Saul Levmore
Indiana Law Journal
Symposium: Law and the New American Family Held at Indiana University School of Law - Bloomington Apr. 4, 1997
Joint Custody: Bonding And Monitoring Theories, Margaret F. Brinig, F. H. Buckley
Joint Custody: Bonding And Monitoring Theories, Margaret F. Brinig, F. H. Buckley
Indiana Law Journal
Symposium: Law and the New American Family Held at Indiana University School of Law - Bloomington Apr. 4, 1997
Bonding After Divorce: Comments On Joint Custody: Bonding And Monitoring Theories, Ann Laquer Estin
Bonding After Divorce: Comments On Joint Custody: Bonding And Monitoring Theories, Ann Laquer Estin
Indiana Law Journal
Symposium: Law and the New American Family Held at Indiana University School of Law - Bloomington Apr. 4, 1997
Protecting The Rights Of Hard To Place Children In Adoptions, Troy D. Farmer
Protecting The Rights Of Hard To Place Children In Adoptions, Troy D. Farmer
Indiana Law Journal
No abstract provided.
An Interdisciplinary Approach To Family Law Jurisprudence: Application Of An Ecological And Therapeutic Perspective, Barbara A. Babb
An Interdisciplinary Approach To Family Law Jurisprudence: Application Of An Ecological And Therapeutic Perspective, Barbara A. Babb
Indiana Law Journal
No abstract provided.
Equality Under The Law Or Annihilation Of Marriage And Morals? The Same-Sex Marriage Debate, Germaine Winnick Willett
Equality Under The Law Or Annihilation Of Marriage And Morals? The Same-Sex Marriage Debate, Germaine Winnick Willett
Indiana Law Journal
No abstract provided.