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State and Local Government Law
University of Michigan Law School
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Full-Text Articles in Law
Coercive Freedom: A Response To Professor Chambers, Robert A. Burt
Coercive Freedom: A Response To Professor Chambers, Robert A. Burt
University of Michigan Journal of Law Reform
At this happy gathering of the Michigan family it is fitting to begin by discussing the law of the family. David used the Marvin case as the central example of the various principles which he supported and opposed.
I want to focus on that case in order to consider whether he has successfully distinguished among these principles of state coercion and state facilitation of individuals' free choice. Let me begin by briefly restating David's view of the Marvin case, as I understand it.
The Myth Of State Intervention In The Family, Frances E. Olsen
The Myth Of State Intervention In The Family, Frances E. Olsen
University of Michigan Journal of Law Reform
Most people concede that there are times when state officials should intervene in the private family. Doctrines of family privacy are no longer thought to justify societal neglect of beaten wives or abused children. Yet society continues to use the ideal of the private family to orient policy. It seems important therefore to examine the concept of state intervention in the private family. In this essay, I argue that the private family is an incoherent ideal and that the rhetoric of nonintervention is more harmful than helpful.
House Of Judah: The Problem Of Child Abuse And Neglect In Communes And Cults, Gregory M. Gochanour
House Of Judah: The Problem Of Child Abuse And Neglect In Communes And Cults, Gregory M. Gochanour
University of Michigan Journal of Law Reform
This Note argues that although some modifications were appropriate, state intervention and removal of children, even from a commune or cult, should be handled through examination of each individual parent/child relationship. Part I examines the statutory and case law framework for state intervention and removal of children from the custody of abusive parents in Michigan, and discusses the policies supporting these laws. Part II examines the circumstances present in the House of Judah and notes the state's departures from the statutes and rules. Part III analyzes and evaluates the usefulness and wisdom of these departures. Finally, Part IV briefly proposes …