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Quacking Like A Duck? Functional Parenthood Doctrine And Same-Sex Parents, Katharine Baker
Quacking Like A Duck? Functional Parenthood Doctrine And Same-Sex Parents, Katharine Baker
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Part I of this article introduces the tension between constitutionally protected parental autonomy rights and functional parent doctrine by examining the constitutional rights of parents. This examination demonstrates how the marital status of a parent has a substantial impact on the strength of that parent's constitutional rights. In cases in which there are two unmarried (never married or divorced) parents, neither parent has particularly robust constitutionally protected autonomy rights because both parents have competing constitutional rights that must be balanced against each other. Each parent has the right to invoke a court's jurisdiction in vindication of his or her own …
Creating Precedents Through Words And Deeds, Harold Krent
Creating Precedents Through Words And Deeds, Harold Krent
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Book review: Untrodden ground: how presidents interpret the Constitution. By Harold H. Bruff. Chicago: University of Chicago Press, 2015. 557 pages. Reviewed by Harold J. Krent