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Full-Text Articles in Law
The Constitutionality Of Employer-Accessible Child Abuse Registries: Due Process Implications Of Governmental Occupational Blacklisting, Michael R. Phillips
The Constitutionality Of Employer-Accessible Child Abuse Registries: Due Process Implications Of Governmental Occupational Blacklisting, Michael R. Phillips
Michigan Law Review
This Note discusses the due process implications of permitting employer access to state child abuse registries when disclosure affects registry members' employment.
Minor Changes: Emancipating Children In Modem Times, Carol Sanger, Eleanor Willemsen
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. …
Discretion, Rules, And Law: Child Custody And The Umda's Best-Interest Standard, Carl E. Schneider
Discretion, Rules, And Law: Child Custody And The Umda's Best-Interest Standard, Carl E. Schneider
Michigan Law Review
One barrier facing any attempt to devise a uniform law for diverse jurisdictions is the occasional - perhaps even frequent - difficulty of writing rules that will accurately guide judges. The law's ordinary solution to that difficulty is to give judges some measure of discretion. This article inquires into the nature and legitimacy of that technique. It does so by analyzing a particularly controversial provision of the Uniform Marriage and Divorce Act (UMDA). Section 402 of that Act states: "The court shall determine custody in accordance with the best interest of the child." It then instructs the court to "consider …
Recognizing Child Abuse: A Guide For The Concerned, Denise Esposito
Recognizing Child Abuse: A Guide For The Concerned, Denise Esposito
Michigan Law Review
A Review of Recognizing Child Abuse: A Guide for the Concerned by Douglas J. Besharov
Stemming The Modification Of Child-Support Orders By Responding Courts: A Proposal To Amend Ruresa's Antisupersession Clause, Jane H. Gorham
Stemming The Modification Of Child-Support Orders By Responding Courts: A Proposal To Amend Ruresa's Antisupersession Clause, Jane H. Gorham
University of Michigan Journal of Law Reform
This Note examines the practice of using the Act to modify existing child-support orders. Part I explores the question of whether the Act's enforcement mechanisms were designed to permit the responding court to modify existing support orders. It emphasizes the problems involved with concurrent support orders and modification and describes the range of positions courts have taken to support or oppose allowing responding courts to modify support orders. Part II explores the federal child-support enforcement programs, their interstate applications, and their relationship to the Act's enforcement mechanisms. The analysis in these parts leads to Part III, which proposes an amendment …
Plans, Protections, And Professional Intervention: Innovations In Divorce Custody Reform And The Role Of Legal Professionals, Jane W. Ellis
Plans, Protections, And Professional Intervention: Innovations In Divorce Custody Reform And The Role Of Legal Professionals, Jane W. Ellis
University of Michigan Journal of Law Reform
Beginning with an overview of the "law in theory" in Part II, this Article describes the Parenting Act's political origins and the aspirations on which the Act was based. These aspirations reflect common contemporary national themes and are based on common (and often unexamined) assumptions about the purposes of custody law and, indeed, the nature and capacity of law itself. They are described in conjunction with major theoretical arguments about custody reform. Part II then sets out the specific regulations embodying the drafters' goals. The Article next looks at this ambitious new "law in practice" in Part III. It describes …
Family Support Of The Disabled: A Legislative Proposal To Create Incentives To Support Disabled Family Members, Judith G. Mcmullen
Family Support Of The Disabled: A Legislative Proposal To Create Incentives To Support Disabled Family Members, Judith G. Mcmullen
University of Michigan Journal of Law Reform
Several authorities in the field of estate planning have examined in great detail the options currently available to the parents of disabled children. The options are limited. Ideally, laws should address the concerns of the families of disabled children while providing those families with the incentive to help bear the financial costs of providing for their children. New legislation is needed to achieve this dual objective. This legislation must establish a method by which parents can improve meaningfully the quality of a surviving disabled child's life without substantially increasing the social cost of supporting that disabled child. This Article proposes …
The Relevance Of Temporary Child Custody Orders To The Formation Of An Established Custodial Environment: A Model Statute For Uniform Application Under Michigan Law, Christine M. Drylie
The Relevance Of Temporary Child Custody Orders To The Formation Of An Established Custodial Environment: A Model Statute For Uniform Application Under Michigan Law, Christine M. Drylie
University of Michigan Journal of Law Reform
This Note presents a Model Statute that clearly indicates when a court may find that an established custodial environment has arisen out of a temporary custody order. The Model Statute thus clarifies when it is appropriate to apply the clear and convincing evidentiary standard to situations involving temporary child custody orders. Part I of this Note describes the court's use of temporary custody orders to determine whether an established custodial environment exists. Part II sets forth the Model Statute, which integrates current case law into statutory language designed specifically for temporary custody situations. Part II also analyzes each section of …
Representation Of Children In Child Abuse And Neglect Cases: An Empirical Look At What Constitutes Effective Representation, Donald N. Duquette, Sarah H. Ramsey
Representation Of Children In Child Abuse And Neglect Cases: An Empirical Look At What Constitutes Effective Representation, Donald N. Duquette, Sarah H. Ramsey
University of Michigan Journal of Law Reform
This Article describes the purposes and design of our empirical study and analyzes the study's findings. Part I presents a case study of the representation of a child by a volunteer in a way that exhibits the role definition and training of the demonstration groups. Parts II and III discuss who should represent children and how those child advocates should be trained. Part IV discusses the design of the study. Part V presents an analysis of the study's findings. Finally, Part VI considers the policy implications of the study and concludes that the demonstration groups improved the quality of representation …
Improving Parent-Child Relationships Within The Divorced Family: A Call For Legal Reform, John S. Murray
Improving Parent-Child Relationships Within The Divorced Family: A Call For Legal Reform, John S. Murray
University of Michigan Journal of Law Reform
In this Article, I address these three questions within the framework provided by the goal to be achieved. Part I outlines the present system and its problems, discussing both its effects on divorced family members and the problems inherent in the exclusive custody rule. Part II builds a proposal for legal reform by first considering the effect of conflict within the family, then identifying five value guidelines that should control the relationships, and finally describing the proposal in detail. Part III analyzes the pros and cons of the reform proposal to determine whether its adoption could establish a healthier environment …
Consider The Consequences, Martha Minow
Consider The Consequences, Martha Minow
Michigan Law Review
A Review of The Divorce Revolution: The Unexpected Social and Economic Consequences for Women and Children in America by Lenore J. Weitzman
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 …
The Battering Parent Syndrome: Inexpert Testimony As Character Evidence, Thomas N. Bulleit Jr.
The Battering Parent Syndrome: Inexpert Testimony As Character Evidence, Thomas N. Bulleit Jr.
University of Michigan Journal of Law Reform
This Note proposes that courts refuse to give further consideration to admitting the battering parent syndrome as evidence in both civil and criminal proceedings arising out of child abuse. Part I of the Note describes the syndrome as it appears in the psychological literature. Part II suggests that current judicial attitudes favor the future admissibility of the syndrome, conditioned only on an improved showing of scientific accuracy. Part III demonstrates that regardless of scientific accuracy, the character evidence rule forbids courts from admitting the battering parent syndrome. Part IV argues that the important policies underlying the character evidence rule override …
Education And The Law: State Interests And Individual Rights, Michigan Law Review
Education And The Law: State Interests And Individual Rights, Michigan Law Review
Michigan Law Review
No government activity exerts a more pervasive influence on Americans for a longer period of their lives than the regulation of education. The state seeks through its educational system to achieve two goals: the development of the basic reading, writing and other academic skills that any productive member of society must possess; and the inculcation of values deemed essential for a cohesive, harmonious and law-abiding society. Basically, through uniformity and standardization of the education experience the state attempts to guarantee that children will not become liabilities to society and that a minimal acceptance of shared values and norms will be …
The Legacy Of The Stubborn And Rebellious Son, Irene Merker Rosenberg, Yale L. Rosenberg
The Legacy Of The Stubborn And Rebellious Son, Irene Merker Rosenberg, Yale L. Rosenberg
Michigan Law Review
In twentieth century America, as in Biblical ,times, parents unable to subdue their disobedient children are authorized to invoke the coercive power of the state. As recently as 1971, for example, the Supreme Judicial Court of Massachusetts rejected constitutional challenges to the state's "stubborn child" law, which at the time of its original enactment in 1646 was patterned after the above-quoted verse from Deuteronomy. The court upheld an adjudication that an adolescent girl who refused to submit to a medical examination, used vulgar language, slammed doors, and stayed outside the home "probably talking with the boys," was a "stubborn child" …
The Juvenile Court And Emotional Neglect Of Children, James B. Stoetzer
The Juvenile Court And Emotional Neglect Of Children, James B. Stoetzer
University of Michigan Journal of Law Reform
A primary function of the Juvenile Court is to assist in the protection of children from abuse and neglect. Juvenile court acts, child abuse reporting statutes, and child protective services legislation have incorporated provisions dealing with physical abuse and physical neglect of children. Such legislation enables state intervention into family life for the protection of children exposed to harmful environments. Statutory definitions of abuse and neglect provide a basis on which the community, frequently through the juvenile court, may pass judgment on the existence of child neglect and offer services or coerce family members to accept them. A few states, …
The Emerging Constitutional Protection Of The Putative Father's Parental Rights, Michigan Law Review
The Emerging Constitutional Protection Of The Putative Father's Parental Rights, Michigan Law Review
Michigan Law Review
This Comment will first examine whether the equal protection or due process clauses of the Constitution presently proscribe disparate treatment of the putative father, as compared with other parents, in regard to parental privileges. Attention will then be given to an assessment of the potential impact of the proposed "equal rights" amendment on the putative father's rights in relation to his illegitimate child.
Family Support From Fugitive Fathers: A Proposed Amendment To Michigan's Long Arm Statute, Robert L. Nelson
Family Support From Fugitive Fathers: A Proposed Amendment To Michigan's Long Arm Statute, Robert L. Nelson
University of Michigan Journal of Law Reform
It is the purpose of this article to propose and discuss an amendment to Michigan's long arm statute which will allow the entry of extraterritorial alimony, separate maintenance, or child support decrees when Michigan is the state of the marital domicile and the defendant-spouse cannot be located for personal service of process. A plaintiff employing the proposed provision in a divorce action will be able to seek alimony, separate maintenance, or support payments as if the defendant were before the court, and the court will have the authority to grant her the necessary relief. If and when the wife later …
Damages - Death Of Minor Child Caused By Negligent Act
Damages - Death Of Minor Child Caused By Negligent Act
Michigan Law Review
The defendant's negligence, resulting in the death of a child four years and nine months old, caused the jury to assess damages at $4,500 in an action brought for the benefit of the parents pursuant to the terms of the Death Act, (2 N. J. Comp. Stat. 1907, 1908 (1910)) which provides that "in every such action the jury may give such damages as they shall deem fair and just with reference to the pecuniary injury resulting from such death . . . . " On appeal, the supreme court held the damages excessive, and reduced the amount of recovery …