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How Parents And Children Disappear In Our Courts - And Why It Need Not Ever Happen Again, James A. Cosby
How Parents And Children Disappear In Our Courts - And Why It Need Not Ever Happen Again, James A. Cosby
Cleveland State Law Review
Part One of this Article further examines those moral, factual and legal dynamics in the family that make these cases so difficult. Part Two summarizes the present state of the law, and demonstrates precisely where and why the current legal approach is falling short. I will show how the law specifically fails to adequately define the rights of parents, substantively as well as procedurally and, I will furthermore demonstrate how, in their current forms, the doctrines of parental autonomy and the best interests of the child are far too broad and too rigid for many cases involving the parent-child relationship. …
Squeezing Subjectivity From The Doctrine Of Unconscionability, Paul Bennett Marrow
Squeezing Subjectivity From The Doctrine Of Unconscionability, Paul Bennett Marrow
Cleveland State Law Review
Issues of unconscionability are most often encountered in two arenas: commercial agreements and family law agreements. In the first arena this Article proposes that the analysis should focus on the impact of a suspect term on the integrity of the contracting system or to an enabling statute. If a contract term materially undermines or compromises the integrity of the system for contracting or the integrity of an enabling statute, it should be found unconscionable. In the family law arena things differ because of the substance of the relationships involved and because the need for mutual consideration is de-emphasized. Accordingly, in …