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Full-Text Articles in Law

Changing The Narrative Of Child Welfare, Matthew I. Fraidin Jan 2012

Changing The Narrative Of Child Welfare, Matthew I. Fraidin

Journal Articles

No abstract provided.


Intended Parents And The Problem Of Perspective, Dara Purvis Jan 2012

Intended Parents And The Problem Of Perspective, Dara Purvis

Journal Articles

When asked to identify the legal parents of a child, traditional family law principles look backwards in time, primarily to biology and to marriage. People using assisted reproductive technologies such as surrogacy, however, seek to manifest their intent to become parents with a forward-looking temporal perspective, before a child is conceived and born. Of the existing doctrines used to identify parentage – marital presumption, biology, functional theories, and intent – only intent facilitates a forward-looking perspective. Intent through time, however, is not treated consistently. A woman, for example, may donate an egg, and may place a baby up for adoption, …


Using Community Based Participatory Research To Study The Relationship Between Sources And Types Of Funding And Mental Health Outcomes For Children Served By The Child Welfare System In Ohio, Susan Vivian Mangold, Catherine Cerulli, Gregory Kapcar, Crystal Ward Allen, Kim Kaukeinen, Hua He Jan 2012

Using Community Based Participatory Research To Study The Relationship Between Sources And Types Of Funding And Mental Health Outcomes For Children Served By The Child Welfare System In Ohio, Susan Vivian Mangold, Catherine Cerulli, Gregory Kapcar, Crystal Ward Allen, Kim Kaukeinen, Hua He

Journal Articles

No abstract provided.


Explaining Abuse Of The Disabled Child, Margaret F. Brinig Jan 2012

Explaining Abuse Of The Disabled Child, Margaret F. Brinig

Journal Articles

This article discusses abuse of disabled children in terms of two competing theories for why it may occur. The evolutionary biology theory has been discussed in the legal literature as well as in biological and social science pieces. The author contrasts this theory with a novel one, mimetic desire, which may be less familiar in legal circles, but which, he believes, better explains the abuse of Attention Deficit Hyperactive Disorder children and offers more hope for preventing abuse without disrupting intact families. While the evolutionary biology explanations for child abuse may be helpful and important, more territory can be covered …


Child Support Guidelines And Divorce Incentives, Margaret F. Brinig, Douglas W. Allen Jan 2012

Child Support Guidelines And Divorce Incentives, Margaret F. Brinig, Douglas W. Allen

Journal Articles

A child support guideline is a formula used to calculate support payments based on a few family characteristics. Guidelines began replacing court awarded support payments in the late 1970s and early 1980s, and were eventually mandated by the federal government in 1988. Two fundamentally different types of guidelines are used: percentage of obligor income, and income shares models. This paper explores the incentives to divorce under the two schemes, and uses the NLSY data set to test the key predictions. We find that percentage of obligor income models are destabilizing for some families with high incomes. This may explain why …