Law Commons^™

Homeschooling: A Response To Ahlberg, Howell, And Justice, James G. Dwyer, Shawn F. Peters

Faculty Publications

No abstract provided.

Tips For Safety Planning For Children Of Undocumented Parents, Jennifer Baum

Faculty Publications

(Excerpt)

In 2013, more than 5 million children in the United States (over 7 percent of the total U.S. child population) were living with at least one undocumented parent, according to the Migration Policy Institute. The overwhelming majority of these children (80 percent) were U.S. citizens. The Washington Post reported that more than half a million of these children's parents have in fact been deported since 2009. That's a lot of U.S. children living day to day with the sudden loss, or risk of sudden loss, of a parent through deportation.

Social Media: Children’S Lawyer’S Friend And Foe, Jennifer Baum, Sarah N. Fox

Faculty Publications

(Excerpt)

Social media is taking over the globe. The Pew Research Internet Project states that in the United States, 95 percent of 12- to 17-year-old children are online. Teenagers are also sharing more and more information online: 91 percent of teenagers post a photo of themselves, 92 percent post their real name, and 71 percent post the city or town where they live. “Teens Fact Sheet,” Pew Res. Internet Project (Sept. 2012). This information, in the wrong hands, can be harmful to a child. The Children’s Online Privacy Protection Rule, designed to safeguard children’s information and access online, is a …

Equality Between Adults And Children: Its Meaning, Implications, And Opposition, James G. Dwyer

Faculty Publications

Family law scholars have devoted much attention to equality among groups of adults and some attention to equality between groups of children. There has been little exploration, however, of the notion of equality between adults and children. In this Article, I first explain what it means at a basic, theoretical level to speak of such equality. I then identify some practical implications. Finally, I consider why there is great resistance to many practical implications of children's equality, even among those who would consider themselves advocates for child welfare.

No Place For Children: Addressing Urban Blight And Its Impact On Children Through Child Protection Law, Domestic Relations Law, And "Adult-Only" Residential Zoning, James G. Dwyer

Faculty Publications

No abstract provided.

Parental Entitlement And Corporal Punishment, James G. Dwyer

Faculty Publications

No abstract provided.

Children, Kin And Court: Designing Third Party Custody Policy To Protect Children, Third Parties And Parents, Josh Gupta-Kagan

Faculty Publications

No abstract provided.

The Child Protection Pretense: States' Continued Consignment Of Newborn Babies To Unfit Parents, James G. Dwyer

Faculty Publications

No abstract provided.

A Review Of What's Wrong With Children's Rights: Still A "Slogan In Search Of A Definition", Justine A. Dunlap

Faculty Publications

The negative side of government intervention on behalf of children is a primary focus of New York University Law Professor Martin Guggenheim's book What's Wrong with Children's Rights. In this interesting book, Professor Guggenheim is always instructive and often provocative. As a consequence, he has written a book worth reading.

This book review essay will begin by offering an overall assessment of the book. It will then analyze two separate components of Guggenheim's book. First, it will evaluate Guggenheim's assertion that, absent a demonstration of parental unfitness, parental decision-making regarding their children is "virtually immune from state oversight." Second, …

How Children In Cults May Use Emancipation Laws To Free Themselves, Robin A. Boyle

Faculty Publications

The author examines how children who are born into cults or brought into them at a young age can use state emancipation laws to gain independence when they are in their mid-teens, so long as they can demonstrate criteria that their states have established. Commonly, states require a showing that the minor has achieved some level of economic self-sufficiency and can live emotionally and physically independently from his or her parents. There are some difficulties for cultic children in demonstrating these criteria, but the obstacles are not insurmountable.

Adoption Of Children In Missouri, Mary M. Beck

Faculty Publications

The purpose of this Article is to investigate the effect of Missouri law on adoption and to determine whether its provisions adequately protect the parties to adoption and whether its degree of clarity properly forestalls litigation.

Children's Rights In Intercountry Adoption: Towards A New Goal, S. I. Strong

Faculty Publications

Each year, hundreds of thousands of children languish in foster or institutional care worldwide, while at the same time, thousands of adults, married and unmarried alike, are denied children because of “shortages.” How did this tragedy occur, and why does it continue to be repeated daily in countries around the world? The unfortunate truth is that many of the legal and societal norms now in place effectively prohibit needy children from finding suitable homes. While potential parents in Western countries cry out for babies of their own, millions of children live in physical and psychological poverty in underfunded orphanages around …

Mommy Has A Blue Wheelchair: Recognizing The Parental Rights Of People With Disabilities, Michael Ashley Stein

Faculty Publications

No abstract provided.

Child Care Enterprise, Community Development, And Work, Peter R. Pitegoff

Faculty Publications

Child care enterprise can be a vehicle for community-based economic development. Beyond the critical goal of child care service, day care as an enterprise can help build capacity for job creation and entrepreneurship in the inner city and in disadvantaged communities. Stable child care institutions with quality jobs can sound a counterpoint to the feminization of poverty. The demand for child care services is substantial and growing. In single parent families and in households with two working parents, day care is essential to enable parents to work or go to school. Further, high quality early childhood programs can have a …

How Are You Going To Keep Them Down On The (Collective) Farm After They’Ve Seen Chicago?: A Minor’S Right To Political Asylum Against His Parents’ Wishes, Michael G. Hillinger

Faculty Publications

“Children’s rights” is a nebulous phrase subsuming two very different issues: the extent to which children can assert the same rights against the state as adults, and the extent to which the state can limit a parent’s power over his child. In cases involving the issue of children’s rights , the Supreme Court has defined those rights in a relatively restrictive fashion. On the one hand, the Supreme Court has recognized that children have constitutional rights independent of those enjoyed by their parents. On the other hand, it has frequently held those rights to be either less than those afforded …

No Judicial Dyslexia: The Custodial Parent Presumption Distinguishes The Paternal From The Parental Right To Name A Child, Kathryn R. Urbonya

Faculty Publications

No abstract provided.

Divorce Recognition - A Two-Headed Monster: Full Faith And Credit Due Process, Richard A. Williamson

Faculty Publications

No abstract provided.