Law Commons^™

Book Review Of The Place Of Families: Fostering Capacity, Equality, And Responsibility By Linda C. Mcclain, Karen Czapanskiy

Faculty Scholarship

No abstract provided.

Bringing Up Baby: Adoption, Marriage, And The Best Interests Of The Child, Robin Fretwell Wilson, W. Bradford Wilcox

Faculty Scholarship

In the piece, Professor Brad Wilcox and I ask who should care for children when their biological parents cannot? This is a question of potentially explosive dimensions under new definitions of legal parentage proposed in this volume of the WILLIAM & MARY BILL OF RIGHTS JOURNAL. This question is also important today for evaluating state adoption laws. A significant number of states bar consideration of a prospective adopter’s marital or non-marital status. We believe these laws miss an important opportunity to maximize the best interests of each child being placed. In this piece, we take an exclusively child-centered approach, drawing …

Private Ordering Under The Ali Principles: As Natural As Status, Martha M. Ertman

Faculty Scholarship

No abstract provided.

To Protect And Defend: Assigning Parental Rights When Parents Are Living In Poverty, Karen Czapanskiy

Faculty Scholarship

No abstract provided.

Marriage, Biology, And Paternity: The Case For Revitalizing The Marital Presumption, Jana B. Singer

Faculty Scholarship

This article examines the recent history and current status of the marital presumption of paternity. It explores the social, economic and legal developments that have contributed to the erosion of the presumption, focusing in particular on the efforts of federal and state governments to identify and collect financial support from unmarried biological fathers. The article then describes the procedural and equitable doctrines that some courts and legislatures have used to bolster the marital presumption in the face of conflicting biological evidence. Finding these approaches problematic, the article advocates a revitalized marital presumption as a substantive rule of law. It argues …

Evaluating Marriage: Does Marriage Matter To The Nurturing Of Children?, Robin Fretwell Wilson

Faculty Scholarship

Three decades ago, it would have been inconceivable for people to discuss seriously the idea of withdrawing the legal and financial support society gives to marriage. In recent years, however, thinkers and policymakers have given more serious thought to the possibility of eliminating marriage as a category entitled to the State’s support. An important consideration in this debate is whether keeping or eliminating the State’s support of marriage matters to the well-being of children. A wealth of studies contemplating modern family forms now exists, many of which invariably stack newer family structures up against the more traditional nuclear family. Until …

Removing Violent Parents From The Home: A Test Case For The Public Health Approach, Robin Fretwell Wilson

Faculty Scholarship

Few decisions are as determinative of a child’s well-being and long-term success as the decision to remove a child from his or her own home following an allegation of abuse by a parent. Using the public health lens Professor Marsha Garrison develops elsewhere in this Issue, this Comment examines one of the most critical questions Child Protective Services agencies face thousands of times a day: whether to remove a child who is a possible victim of abuse or neglect from his or her home. This evidence-based approach shows that the choice to remove the child rather than the alleged offender …

Secondhand Smoke And The Family Courts: The Role Of Smoke Exposure In Custody And Visitation Decisions, Kathleen Dachille, Kristine Callahan

Faculty Scholarship

This publication is designed to assist courts, practitioners and lay people who are faced with a custody or visitation proceeding in which a child's exposure to secondhand smoke has been or may be raised.

Removing Violent Parents From The Home: A Test Case For The Public Health Approach, Robin Fretwell Wilson

Faculty Scholarship

Child services caseworkers adhere to the belief that, in the absence of prosecution, the only remedy for protecting a child harmed by a parent is to remove the child from her home. The effect of this often is to leave the alleged perpetrator in the household with the victim's siblings. Using sexual violence as an example, this Comment contends the evidence of potential risk for the remaining children is so overwhelming that, as a matter of policy, an adult who violates one child should be removed from the household. Parents who commit incest rarely stop with one child. Ignoring such …

The Business Of Intimacy: Bridging The Private-Private Distinction, Martha M. Ertman

Faculty Scholarship

No abstract provided.

Telling Stories, Saving Lives: The Battered Mothers' Testimony Project, Women's Narratives, And Court Reform, Leigh S. Goodmark

Faculty Scholarship

No abstract provided.

Unemployment Insurance Reform For Moms, Karen Czapanskiy

Faculty Scholarship

No abstract provided.

Deconstructing Teresa O'Brien: A Role Play For Domestic Violence Clinics, Leigh S. Goodmark, Catherine F. Klein

Faculty Scholarship

No abstract provided.

Law Is The Answer? Do We Know That For Sure? Questioning The Efficacy Of Legal Interventions For Battered Women, Leigh S. Goodmark

Faculty Scholarship

No abstract provided.

Achieving Batterer Accountability In The Child Protection System, Leigh S. Goodmark

Faculty Scholarship

No abstract provided.

Marriage Markets, Martha M. Ertman

Faculty Scholarship

No abstract provided.

Domestic Violence And The Maryland Family Violence Option, Karen Czapanskiy

Faculty Scholarship

No abstract provided.

Medical Treatment Of Children With Hiv Illness And The Need For Supportive Intervention: The Challenges Of Medical Providers, Families And The State, Deborah J. Weimer

Faculty Scholarship

Human iummuno-deficiency virus (HIV) illness in children poses tremendous challenges to medical providers and families to work together to deliver optimal care. An alternative to filing "neglect" reports with the Department of Social Services is necessary to provide support and appropriate intervention to families and medical providers caring for HIV-positive children.

The creation of a neutral entity that could intervene and identify barriers to treatment and communication between the medical providers and the family would benefit all the parties involved. Knowledgeable mediators could help facilitate communication and identify appropriate support for the child and family.

Intervention would not be delayed …

What's Wrong With A Parenthood Market? A New And Improved Theory Of Commodification, Martha M. Ertman

Faculty Scholarship

No abstract provided.

Love And Work: A Response To Vicki Schultz's Life's Work, Martha M. Ertman

Faculty Scholarship

No abstract provided.

Parenting In The Face Of Prejudice: The Need For Representation For Parents With Mental Illness, Leigh S. Goodmark

Faculty Scholarship

No abstract provided.

The Basics Of Getting Started - Who, What, When, Where, And How?, Leigh S. Goodmark

Faculty Scholarship

Before you open the doors of your school-based legal clinic, you need to answer some fundamental questions about how your clinic will operate. This section poses those questions and suggests a range of answers based on the experiences of lawyers who have established and/or are currently working in school-based clinics. Consider it a guide to assist you in getting your own clinic started. For further clarification on specific topics, refer to subsequent sections of the book where they are addressed in more detail.

Ali Child Support Principles: A Lesson In Public Policy And Truth-Telling, Karen Czapanskiy

Faculty Scholarship

No abstract provided.

The Ali Principles' Approach To Domestic Partnership, Martha M. Ertman

Faculty Scholarship

No abstract provided.

Marriage As A Trade: Bridging The Private/Private Distinction, Martha M. Ertman

Faculty Scholarship

No abstract provided.

Changing The Meaning Of Motherhood, Martha M. Ertman

Faculty Scholarship

No abstract provided.

Ethical Judgment And Interdisciplinary Collaboration In Custody And Child Welfare Cases, Deborah J. Weimer

Faculty Scholarship

No abstract provided.

Unbending Gender: Why Family And Work Conflict And What To Do About It, Martha M. Ertman

Faculty Scholarship

No abstract provided.

Adoption, Identity, And The Constitution: The Case For Opening Closed Records, Naomi R. Cahn, Jana B. Singer

Faculty Scholarship

No abstract provided.

Still Hostile After All These Years? Gender, Work & Family Revisited, Jana B. Singer

Faculty Scholarship

No abstract provided.