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Full-Text Articles in Law

Law School News: Rwu Law Remembers Sarah Weddington 12/30/2021, Michael M. Bowden Dec 2021

Law School News: Rwu Law Remembers Sarah Weddington 12/30/2021, Michael M. Bowden

Life of the Law School (1993- )

No abstract provided.


Accountability, Eugenics, And Reproductive Justice, Susan Frelich Appleton Jan 2020

Accountability, Eugenics, And Reproductive Justice, Susan Frelich Appleton

Scholarship@WashULaw

This analysis contributes to an online symposium on Dov Fox’s book BIRTH RIGHTS AND WRONGS: HOW MEDICINE AND TECHNOLOGY ARE CHANGING REPRODUCTION AND THE LAW. Using eugenics and reproductive justice as points of departure, this review highlights both strengths and weaknesses in Fox’s approach.


Adopting Civil Damages: Wrongful Family Separation In Adoption, Malinda L. Seymore Mar 2019

Adopting Civil Damages: Wrongful Family Separation In Adoption, Malinda L. Seymore

Faculty Scholarship

The Trump Administration’s new immigration policy of family separation at the U.S./Mexico border rocked the summer of 2018. Yet family separation is the prerequisite to every legal adoption. The circumstances are different, of course. In legal adoption, the biological parents are provided with all the constitutional protections required in involuntary termination of parental rights, or they have voluntarily consented to family separation. But what happens when that family separation is wrongful, when the birth mother’s consent is not voluntary, or when the birth father’s wishes to parent are ignored? In theory, the child can be returned to the birth parents …


Learning From The Master: Things Betty Thompson Taught Me, David Spratt Jan 2012

Learning From The Master: Things Betty Thompson Taught Me, David Spratt

Articles in Law Reviews & Other Academic Journals

No abstract provided.


Where Are The Records? Handling Lost/Destroyed Records In Child Welfare Tort Litigation, Dale Margolin Cecka Jan 2011

Where Are The Records? Handling Lost/Destroyed Records In Child Welfare Tort Litigation, Dale Margolin Cecka

Law Faculty Publications

As child welfare professionals, we have all encountered the “missing” record, most often during day-to-day advocacy. For those who practice child welfare tort litigation, incomplete discovery is also common, even though case records can be critical in determining negligence or malfeasance. In other forms of civil litigation, judges are asked to hold parties accountable for losing or destroying records, and juries are allowed to draw negative inferences about the missing evidence. In contrast, an investigation of child welfare torts reveals that when a defending agency fails to produce credible records, the issue is simply not litigated or does not affect …


Judicial Deference Or Bad Law? Why Massachusetts Courts Will Not Impose Municipal Liability For Failure To Enforce Restraining Orders, Carolyn Grose Jan 2005

Judicial Deference Or Bad Law? Why Massachusetts Courts Will Not Impose Municipal Liability For Failure To Enforce Restraining Orders, Carolyn Grose

Faculty Scholarship

The authors take up the challenge that was thrown down by the Ford v. Town of Grafton court. The first part of this Article examines the somewhat tortured and fascinating history of the Massachusetts Tort Claims Act. It then describes the arguments Catherine Ford made, how the court responded, and why it responded as it did. In Part II, Massachusetts' strong commitment to protecting and assisting victims of domestic violence is examined. A variety of legislative, executive and judicial initiatives that demonstrate commitment are described, but the Massachusetts General Laws Chapter 209A, the restraining order statute, is emphasized. The article …


Note, Frye V. Frye: Maryland Sacrifices The Child For The Sake Of The Family, Kathryn Webb Bradley Jan 1986

Note, Frye V. Frye: Maryland Sacrifices The Child For The Sake Of The Family, Kathryn Webb Bradley

Faculty Scholarship

No abstract provided.


Sex, Society And Sophistry, Roslyn M. Litman, Claire B. Mcdermott Jan 1950

Sex, Society And Sophistry, Roslyn M. Litman, Claire B. Mcdermott

Scholarship

This note proposes a reconsideration of the soundness of the theories relied upon by the courts m denying the right of a wife to sue for loss of consortium caused by defendant's negligent conduct toward the husband. While there may be other solutions to the problems involved in actions concerning marital rights, it is intended here only to emphasize the con­sistently poor reasoning prevalent m the courts today upon which they base their dental to the wife.