Law Commons^™

Seeking Remedies For Lgbtq Children From Destructive Parental Authority In The Era Of Religious Freedom, Roy Abernathy

Washington and Lee Journal of Civil Rights and Social Justice

This Note explores the intersection of parents’ rights, religious rights, state’s rights, and children’s rights. This Note analyzes the development of children’s rights and how those rights may be applied to current state religious exemption policies that affect the health of LGBTQ children. This Note will argue that in the absence of direct federal legislation to stop the harm of LGBTQ children, four possible remedies may exist to protect LGBTQ children. These remedies include states asserting parens patriae authority, children asserting substantive due process claims, children utilizing partial emancipation statutes, or children utilizing mature minor exemptions, which provide a judicial …

Emancipation Unlocke'd: Partus Sequitur Ventrem, Self-Ownership, And No "Middle State"In Maria Vs. Surbaugh, Diane J. Klein

University of Maryland Law Journal of Race, Religion, Gender and Class

No abstract provided.

The Child's Right To Be Heard And Represented In Judicial Proceedings , Howard A. Davidson

Pepperdine Law Review

No abstract provided.

An Ounce Of Prevention: A Foster Youth's Substantive Due Process Right To Proper Preparation For Emancipation, Michele Benedetto Neitz

Publications

Part I of this article considers the current challenges facing youth preparing to leave foster care. Youth are failing to receive adequate preparation services while still in the custody of the government. Consequently, emancipated youth are disproportionately represented in homeless, unemployed, uneducated, and incarcerated populations. Part II examines the specific constitutional rights of youth in foster care. As persons in a custodial relationship with the government, foster youth have a substantive due process right to be free from physical and emotional harm. This protection includes services and training as required to “meet the basic needs” of a child. Emancipation preparation …

Help For Youths Leaving Foster Care, Michele Benedetto Neitz

Publications

No abstract provided.

Minor Changes: Emancipating Children In Modem Times, Carol Sanger, Eleanor Willemsen

University of Michigan Journal of Law Reform

This Article reports on the use of still another mechanism for removing children in conflict with their parents: statutory emancipation, the process by which minors attain legal adulthood before reaching the age of majority. Statutorily emancipated minors can sign binding contracts, own property, keep their earnings, and disobey their parents. Although under eighteen, they are "considered as being over the age of majority" in most of their dealings with parents and third parties. Thus, while emancipated minors can sign contracts and stay out late, their adult status also means that their parents are no longer responsible for the minors' support. …

Minor Changes: Emancipating Children In Modern Times, Carol Sanger, Eleanor Willemsen

Faculty Scholarship

Parents and their teenage children don't always get along. At some time during adolescent development, parents may turn into embarrassments and teenagers into domestic terrorists. For most families this is a phase. Adolescence is endured, the child accomplishes some degree of separation from parents, and the transition to adulthood advances.

In some families, however, the period is more like a siege than a phase. Conflict may last longer and be more strifeful, more intense. If the family is incapable or unwilling to resolve the tensions, an intractability may set in. In these cases, domestic tranquility seems attainable only when the …

Negligence-Liability For Negligence Of Minor Driver Imputed To Person Signing M:Rnor's Application For Driver's License, George D. Miller, Jr.

Michigan Law Review

A father signed his daughter's application for a driver's license in accordance with the terms of a Utah statute, which required that the application for a minor's driver's license be signed by the parent or guardian, and imputed liability for the minor's negligence or wilful misconduct to the person signing the application. Before the daughter reached her majority (i.e., eighteenth birthday), the following events took place: (1) her mother was given sole custody of her in a divorce action; (2) she married; and (3) she negligently drove her car against the plaintiff, who brought suit against the daughter, her husband, …