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Full-Text Articles in Law

Amending State Putative Father Registries: Affording More Rights And Protections To America’S Unwed Fathers, Ivy Waisbord Dec 2015

Amending State Putative Father Registries: Affording More Rights And Protections To America’S Unwed Fathers, Ivy Waisbord

Hofstra Law Review

No abstract provided.


Do Tell! The Rights Of Donor-Conceived Offspring, Naomi Cahn Jan 2014

Do Tell! The Rights Of Donor-Conceived Offspring, Naomi Cahn

Hofstra Law Review

The article discusses the legal rights of donor-conceived children in America, and it mentions U.S. constitutional rights, the laws associated with donor conception in the country, and the concept of double disclosure. Parental rights and children's interests are mentioned, along with respect for familial autonomy and various aspects of U.S. family and health laws. Sperm and egg (ovum) donations are examined, along with the nation's fertility industry and assisted reproductive technology.


Marriage Equality, United States V. Windsor, And The Crisis In Equal Protection Jurisprudence, Susannah W. Pollvogt Jan 2014

Marriage Equality, United States V. Windsor, And The Crisis In Equal Protection Jurisprudence, Susannah W. Pollvogt

Hofstra Law Review

The article discusses equal protection jurisprudence in America in relation to the U.S. Supreme Court's (USSC's) ruling in the 2013 marriage equality case United States v. Windsor. The views of USSC Justice Anthony Kennedy are mentioned, along with an unconstitutional animus legal doctrine and a heightened rational basis standard of review. The U.S. Constitution's Equal Protection Clause is addressed in relation to the nation's discrimination laws.


Ensuring Effective Counsel For Parents: Extending Padilla To Termination Of Parental Rights Proceedings, Sarah Freeman Jan 2013

Ensuring Effective Counsel For Parents: Extending Padilla To Termination Of Parental Rights Proceedings, Sarah Freeman

Hofstra Law Review

The increase in the number of incarcerated women, combined with the severe effects of ASFA's 15/22 rule, has dramatically increased the risk that a incarcerated mother face a termination of her parental rights. Currently, existing ethical and statutory protections have been insufficient to protect these parents’ rights to their children. However, after Padilla v. Kentucky, it is likely that there is a Sixth Amendment obligation on criminal defense attorneys to advise their clients about the effect of the criminal process on a TPR proceeding. This advice should not be limited to a mere suggestion that clients seek legal advice from …