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Full-Text Articles in Law
A Delicate Task: Balancing The Rights Of Children And Mothers In Parental Termination Proceedings, Catherine J. Ross
A Delicate Task: Balancing The Rights Of Children And Mothers In Parental Termination Proceedings, Catherine J. Ross
GW Law Faculty Publications & Other Works
This article considers the independent liberty interests of children in foster care and their mothers in parental termination proceedings. Federal reforms enacted in 1997 impose a mandatory deadline for the state to terminate parental rights. That policy erroneously presumes that the passage of time suffices to establish parental fault and satisfies a parent's due process rights to her child. The policy also fails to protect the minority of children in foster care who assert an interest in preserving a safe relationship with mothers who are unlikely to regain custody within the state's time frame - including many substance abusers, incarcerated …
The Public Choice Of Elder Abuse Law, Margaret F. Brinig, Gerald Jogerst, Jeanette Daly, Gretchen Schmuch, Jeffrey Dawson
The Public Choice Of Elder Abuse Law, Margaret F. Brinig, Gerald Jogerst, Jeanette Daly, Gretchen Schmuch, Jeffrey Dawson
Journal Articles
This interdisciplinary study finds that the way laws are written and treated by state regulators measurably affects bureaucratic performance: the care taken by legislatures and state agencies in developing domestic elder abuse law affects how lower-level bureaucrats investigate and report abuse. Perhaps more interesting, however, are two robust findings about state law making. Both legislator characteristics (here, being middle-aged or slightly older) and lobbying by seemingly the most important group (here, the American Association of Retired Persons [AARP]) sometimes have an unexpected effect. We surmise that these legislators and lobbyists find other issues both more politically attractive and more pressing …