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Full-Text Articles in Law
Functional Parenting And Dysfunctional Abortion Policy: Reforming Parental Involvement Legislation, Maya Manian
Functional Parenting And Dysfunctional Abortion Policy: Reforming Parental Involvement Legislation, Maya Manian
Articles in Law Reviews & Other Academic Journals
Abortion-related parental involvement mandates raise important family law issues about the scope of parents’ power over their children’s intimate decisions. While there has been extensive scholarly attention paid to the problems with parental involvement laws, relatively little has been said about strategies for reforming these laws. This article suggests using insights from family law relating to functional parenthood and third party caregiving as a basis for crafting more capacious methods of ensuring adult guidance for teenage girls facing an unplanned pregnancy. Recent developments in family law bolster the case for reforming parental involvement legislation to allow teenagers to consult with …
Against The New Maternalism, Naomi Mezey, Cornelia T. Pillard
Against The New Maternalism, Naomi Mezey, Cornelia T. Pillard
Georgetown Law Faculty Publications and Other Works
The biggest challenge for sex equality in the 21st Century is to dismantle inequality between women and men’s family care responsibilities. American law has largely accomplished formal equality in parenting by doing away with explicit gender classifications, along with many of the assumptions that fostered them. In a dramatic change from the mid-20th Century, law relating to family, work, civic participation and their various intersections is now virtually all sex-neutral. As the Supreme Court’s 2003 decision in Nevada Department of Social Services v. Hibbs demonstrates, both Congress and the Court have accepted the feminist critique of sex roles and stereotyping …
The Lawmaking Family, Noa Ben-Asher
The Lawmaking Family, Noa Ben-Asher
Faculty Publications
Increasingly there are conflicts over families trying to “opt out” of various legal structures, especially public school education. Examples of opting-out conflicts include a father seeking to exempt his son from health education classes; a mother seeking to exempt her daughter from mandatory education about the perils of female sexuality; and a vegetarian student wishing to opt out of in-class frog dissection. The Article shows that, perhaps paradoxically, the right to direct the upbringing of children was more robust before it was constitutionalized by the Supreme Court in Meyer v. Nebraska (1923) and Pierce v. Society of Sisters (1925). In …