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Full-Text Articles in Law
Adopting Civil Damages: Wrongful Family Separation In Adoption, Malinda L. Seymore
Adopting Civil Damages: Wrongful Family Separation In Adoption, Malinda L. Seymore
Faculty Scholarship
The Trump Administration’s new immigration policy of family separation at the U.S./Mexico border rocked the summer of 2018. Yet family separation is the prerequisite to every legal adoption. The circumstances are different, of course. In legal adoption, the biological parents are provided with all the constitutional protections required in involuntary termination of parental rights, or they have voluntarily consented to family separation. But what happens when that family separation is wrongful, when the birth mother’s consent is not voluntary, or when the birth father’s wishes to parent are ignored? In theory, the child can be returned to the birth parents …
Searching The Legacy Of The Reformation For Lutheran Responses To Modern Family Law, Marie Failinger
Searching The Legacy Of The Reformation For Lutheran Responses To Modern Family Law, Marie Failinger
Faculty Scholarship
This article builds upon historical work on changes in the law of marriage, divorce and the family after the Reformation, and describes how modern Lutheran theology, formed during the Reformation, evaluates modern trends in American family law. From the key Lutheran theological insight that God is creatively ordering human activity as a partner with human beings, the Lutheran tradition approaches issues such as no-fault divorce and same-sex marriage with both trust and challenge.
Fiduciary Principles In Family Law, Elizabeth S. Scott, Ben Chen
Fiduciary Principles In Family Law, Elizabeth S. Scott, Ben Chen
Faculty Scholarship
Family members bear primary responsibility for the care of dependent and vulnerable individuals in our society, and therefore family relationships are infused with fiduciary obligation. Most importantly, the legal relationship between parents and their minor children is best understood as one that is regulated by fiduciary principles. Husbands and wives relate to one another as equals under contemporary law, but this relationship as well is subject to duties of care and loyalty when either spouse is in a condition of dependency. Finally, if an adult is severely intellectually disabled or becomes incapacitated and in need of a guardian, a family …