Law Commons^™

Solving Millennial Marriage Evolution, Kathleen E. Akers, Lynne Marie Kohm

University of Baltimore Law Review

No abstract provided.

Mothers In The Margins: Addressing The Consequences Of Criminal Records For Young Mothers Of Color, Jesse Krohn, Jaime Gullen

University of Baltimore Law Review

As young women pull ahead of young men in higher education, the wage gap narrows, and young men continue to be arrested and incarcerated at higher rates than young women, there has been much discussion at the policy level and in the media regarding the need to concentrate resources on men and boys. President Barack Obama’s “My Brother’s Keeper" and “Responsible Fatherhood” initiatives typify this shift.

As legal aid lawyers who represent youth, many of whom have been involved in the juvenile and criminal legal systems, we are pulled into the debate and asked to answer with increasing frequency: “What …

Comment: De Facto Parents In Maryland: When Will The Law Recognize Their Rights?, Michelle E. Kelly

University of Baltimore Law Forum

Rachel and Allison were in a committed same-sex relationship beginning in 1990. Although they never legally married, the couple decided to manifest their love by having a child in 2001. Rachel and Allison both agreed that Rachel would carry the child by way of an anonymous sperm donor. Their child, Kevin, was born on September 3, 2002. Allison was present in the delivery room and even cut the umbilical cord. From the time Kevin was born until the summer of 2009 when Rachel and Allison ended their relationship, the couple equally raised and cared for Kevin, sharing all major and …

Homeschooling: Choosing Parental Rights Over Children's Interests, Martha Fineman, George B. Shepherd

University of Baltimore Law Review

Homeschooling, the most extreme form of privatization of education, often eliminates the possibility of the child gaining the resources essential for success in adult life. It sacrifices the interests of the child to the interests of the parents, allowing them to control and isolate the child’s development. In addition, homeschooling frustrates the state’s legitimate interest in the child’s receiving a sound, diverse education, so that the child can achieve her potential as a productive employee and as a constructive participant in civic life. This Article uses vulnerability theory as a heuristic frame both to reexamine the dominant rhetoric of parental …

Recent Development: Sieglein V. Schmidt: Pursuant To § 1-206(B) Of The Estates And Trusts Article, Artificial Insemination Encompasses In Vitro Fertilization Using Donated Sperm; A Court May Use The Goldberger Factors To Determine Voluntary Impoverishment; A Trial Court Can Issue A Permanent Injunction For Harassment Based On § 1-203(A) Of The Family Law Article., Virginia J. Yeoman

University of Baltimore Law Forum

The Court of Appeals of Maryland held that the term “artificial insemination” includes in vitro fertilization using donated sperm, and that a consenting husband is presumed to be the father of the child born as a result of the procedure. Sieglein v. Schmidt, 447 Md. 647, 652, 136 A.3d 751, 754 (2016). The court also held that the circuit court did not abuse its discretion in finding the husband to be voluntarily impoverished or in issuing a permanent injunction based on harassment. Id.

Recent Development: In Re Victoria C.: Children Are Third Parties For Purposes Of Child Visitation; Siblings Must Make A Prima Facie Case Of Parental Unfitness Or Exceptional Circumstances Before Applying The Best Interest Of Child Standard, Allyson Bloom

University of Baltimore Law Forum

The Court of Appeals of Maryland held that a child is considered a third party for purposes of sibling visitation rights. In re Victoria C., 437 Md. 567, 591, 88 A.3d 749, 764(2014). The court further held that the sibling seeking visitation with a minor sibling must first make a prima facie case showing parental unfitness or exceptional circumstances before the court can apply the best interest of the child standard.

Student Comment: “Love Is Patient, Love Is Kind”: A Comparative Study Helping The United States Reach Marriage Equality, Nicole Rush

University of Baltimore Journal of International Law

This paper evaluates same-sex marriage policies in three industrialized countries: the Netherlands, the United Kingdom and Canada. In assessing the legislative and judicial history of same-sex marriage policies in each country, as well as other influential factors leading to these policies, this research helps to create a roadmap to reach a nationwide policy for the United States. By comparing the current history of the United States’ same-sex marriage policies to that of the aforementioned countries, it is possible to develop a plan to achieve marriage equality in the U.S.

Comments: What's Yours Is Ours? Gamete Donation In The Marital Context: Why Courts And Legislatures Should Not Interfere With An Individual's Fundamental Right To Privacy, Emily K. Alt

University of Baltimore Law Review

No abstract provided.

Comments: Newborn Screening Programs And Privacy: Shifting Responsibility From The Parent To The Laboratory, Michael D. Leeb

University of Baltimore Law Review

No abstract provided.

Reflections On Vawa's Strange Bedfellows: The Partnership Between The Battered Immigrant Women's Movement And Law Enforcement, Alizabeth Newman

University of Baltimore Law Review

No abstract provided.

Legislative Oppression: Restricting Gestational Surrogacy To Married Couples Is An Attempt To Legislate Morality, Linda S. Anderson

University of Baltimore Law Review

Since the days of Baby M, surrogacy arrangements have become a well-accepted form of assisted reproduction. As one of the first alternatives available to those who could not create families naturally, surrogacy arrangements have been scrutinized and discussed from a variety of angles. Today, state laws determine whether surrogacy is allowed, establish the standards for the agreements and qualifications of those who use this form of family creation, and set limits on payments involved in such arrangements. Many states that regulate surrogacy through legislation have restricted the availability of surrogacy arrangements to married couples, thereby eliminating any non-traditional heterosexual couples, …

Comment: The Case Of Two Biological Intended Mothers: Illustrating The Need To Statutorily Define Maternity In Maryland, Catherine Villareale

University of Baltimore Law Review

Sam was born a happy and healthy baby boy, much to the delight of his mothers, Sarah and Jen. Although Jen gave birth to Sam, Jen has no genetic connection to her son. Biologically, Sarah is Sam's "ova mother"' because Sam was conceived through assisted reproductive technology using Sarah's ovum that was fertilized in vitro by an anonymous sperm donor and implanted in Jen. Both Sarah and Jen share a biological connection to Sam, Sarah through DNA and Jen through carrying him for nine months and giving birth. Consequently, Sam has two biological mothers. Yet, in Maryland, at the time …

Parenting By The Clock: The Best-Interest-Of-The-Child Standard, Judicial Discretion, And The American Law Institute's "Approximation Rule", Richard A. Warshak

University of Baltimore Law Review

No abstract provided.

Comments: In Light Of Crawford V. Washington And The Difficult Nature Of Domestic Violence Prosecutions, Maryland Should Adopt Legislation Making Admissible Prior Acts Of Domestic Violence In Domestic Violence Prosecutions, Jay A. Abarbanel

University of Baltimore Law Review

No abstract provided.

For Those Not John Edwards: More And Better Paternity Acknowledgments At Birth, Jeffrey A. Parness, Zachary Townsend

University of Baltimore Law Review

No abstract provided.

Comments: Whose Baby Is It Anyway? The Current And Future Status Of Surrogacy Contracts In Maryland, Ashley E. Bashur

University of Baltimore Law Review

No abstract provided.

Comments: Who Turned Out The Lights?: How Maryland Laws Fail To Protect Victims Of Domestic Violence From Third-Party Abuse, Anique Drouin

University of Baltimore Law Review

No abstract provided.

Who Is The Baby's Daddy (And Why Is It Important For The Child To Know)?, Cynthia R. Mabry

University of Baltimore Law Review

No abstract provided.

Notes: Limitations On Who May Adopt: A Natural Mother May Not Adopt Her Own Natural Children Notwithstanding The Consent Of The Natural Father And The Children. Green V. Sollenberger, 338 Md. 118, 656 A.2d 773 (1995), Jennifer R. Terrasa

University of Baltimore Law Review

No abstract provided.

Notes: Family Law — Lying About A Spouse's Adultery To Speed Up A Divorce Does Not Prevent A Suit To Enforce The Spouse's Promise To Pay Support. Schneider V. Schneider, 335 Md. 500, 644 A.2d 510 (1994), Frank J. Mastro

University of Baltimore Law Review

No abstract provided.

Notes: The Best Interests Of The Child Must Be Considered Before Rebutting The Presumption Of Legitimacy. Turner V. Whisted, 327 Md. 106, 607 A.2d 935 (1992), David J. Shuster

University of Baltimore Law Review

No abstract provided.

Comments: Prenatal Substance Abuse: A Call For Legislative Action In Maryland, Mary J. Pizzo

University of Baltimore Law Review

No abstract provided.

Grandparent Visitation And Intact Marriages: An Unresolved Maryland Family Law Issue, Christopher W. Nicholson, Murray O. Singerman

University of Baltimore Law Review

No abstract provided.

Notes: Family Law — Adoption: Do Laws Prohibiting Reimbursement To A Natural Mother For Reasonable Expenses Incurred During Pregnancy Truly Serve The Best Interests Of The Child? In Re Adoption No. 9979, 323 Md. 39, 591 A.2d 468 (1991), Donald A. Rea

University of Baltimore Law Review

No abstract provided.

Prohibiting The Solicitation Of Abortion—Viewpoint Discrimination And Other Free Speech Problems: Will Free Speech Guarantees Be A Casualty Of The Moral Debate On Abortion?, William J. Swift

University of Baltimore Law Review

No abstract provided.

Comments: Regulatory Options For Surrogate Arrangements In Maryland, Carol L. Nicolette, Libby Crystal Reamer

University of Baltimore Law Review

No abstract provided.

Maryland's Statutory Hearsay Exception For Reliable Statements By Alleged Child Abuse Victims: A Hesitant Step Forward, Lynn Mclain

University of Baltimore Law Review

The Maryland General Assembly recently passed legislation, effective July 1, 1988, which grants a trial court the opportunity to allow a physician, psychologist, social worker, or teacher to testify to an out-of-court statement made by an alleged child abuse victim if the court finds that the circumstances in which the statement was made exhibit sufficient particularized guarantees of reliability. This article discusses the need for such an exception to the rule precluding admission of hearsay for statements made by alleged victims of child abuse, exposes the inadequacies of pre-existing exceptions, addresses the constitutional considerations raised by admission of such hearsay …

Casenotes: Family Law — A Professional Degree Or License Acquired During Marriage Is Not Marital Property Subject To Equitable Distribution Under The Property Disposition In Annulment And Divorce Law. Archer V. Archer, 303 Md. 347, 493 A.2d 1074 (1985), Shoshana L. Katz

University of Baltimore Law Review

No abstract provided.

Casenotes: Family Law — Joint Custody — A Trial Court Has The Authority To Award Joint Custody Under Its Equity Powers, But Should Consider A Variety Of Factors Before Determining That A Joint Custody Award Is Appropriate. Taylor V. Taylor, 306 Md. 290, 508 A.2d 964 (1986), Denise Barrett-Benvenga

University of Baltimore Law Review

No abstract provided.

Casenotes: Domestic Relations — Antenuptial Agreements — Antenuptial Agreements Waiving Alimony Are Not Void Per Se. Frey V. Frey, 298 Md. 552, 471 A.2d 705 (1984), Kathryn Lego Armiger

University of Baltimore Law Review

No abstract provided.