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Articles 1 - 4 of 4
Full-Text Articles in Law
Due Process Rights Of The Second Parent In Child Protection Proceedings, Donald N. Duquette
Due Process Rights Of The Second Parent In Child Protection Proceedings, Donald N. Duquette
Articles
When one parent is charged with child neglect or abuse under MCL 712A.2(b)and the other parent is not an active participant in the abuse, is absent, or is not part of the same household, what process is due the second parent?' If the second parent comes forward and asks for custody, should he or she be able to get it, absent a finding of neglect or abuse as to that parent? Or is the child a ward of the Family Court, based on the misconduct or maltreatment of one parent so that the second parent is subject to the court's …
Civilizing The Natives: Marriage In Post-Apartheid South Africa, David L. Chambers
Civilizing The Natives: Marriage In Post-Apartheid South Africa, David L. Chambers
Articles
South Africa is a land of many cultures. For several hundred years, British and Afrikaaner whites controlled the country, systematically manipulating black people to the whites' advantage. For the most part, however, whites tolerated the continuation within black communities of traditional marriage practices that white Christians considered uncivilized. In 1994, South Africa changed governments. A black majority Parliament came to power, adopting a consitution dedicated to equality and human dignity. Four years later, Parliament adopted a new marriage law that, though permitting some of the external trappings of the traditional marriage system to continue, eliminated by law much of the …
The Baker [Baker V. State, 744 A.2d 864 (Vt. 1999)] Case, Civil Unions, And The Recognition Of Our Common Humanity: An Introduction And A Speculation, David L. Chambers
The Baker [Baker V. State, 744 A.2d 864 (Vt. 1999)] Case, Civil Unions, And The Recognition Of Our Common Humanity: An Introduction And A Speculation, David L. Chambers
Articles
Every. Vermonter seems to know about two recent decisions of the Vermont Supreme Court. In the first, the court struck down the system of local financing of public schools. Like similar decisions in many other states, the school financing case led to a struggle in the legislature and difficulties for legislators at election time. In the second and even more controversial decision, the court reached an outcome that no other state supreme court had ever reached: it held unconstitutional the state's marriage law on the ground that it inappropriately denied the legal benefits of marriage to same-sex couples. This decision, …
Legal Representation For Children In Protection Proceedings: Two Distinct Lawyer Roles Are Required, Donald N. Duquette
Legal Representation For Children In Protection Proceedings: Two Distinct Lawyer Roles Are Required, Donald N. Duquette
Articles
The thesis of this article is that it is a mistake to try to develop a single lawyer role for children in protection cases which tries to accommodate their developing capacities from infants to articulate teens. Sometimes a child needs a traditional attorney; sometimes a best interests advocate. We should adopt different standards for the different lawyer roles. Trying to define a single lawyer role for children of all ages and all capacities is an impossible task. This article argues that we should resolve the ambivalence not by adopting a client-directed or a best interests approach, but by having two …