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Full-Text Articles in Law
Non-Beneficial Pediatric Research And The Best Interest Standard: A Reconciliation, Paul J. Litton
Non-Beneficial Pediatric Research And The Best Interest Standard: A Reconciliation, Paul J. Litton
Faculty Publications
Federal efforts beginning in the 1990's have successfully increased pediatric research to improve medical care for all children. Since 1997, the FDA has requested 800 pediatric studies involving 45,000 children. Much of this research is "non-beneficial"; that is, it exposes pediatric subjects to risk even though these children will not benefit from participating in the research. Non-beneficial pediatric research (NBPR) seems, by definition, contrary to the best interests of pediatric subjects, which is why one state supreme court has essentially prohibited it. It also appears that the only plausible rationale for this research is utilitarian, as it risks some children …
Book Review Of The Best Interests Of The Child In Healthcare, James G. Dwyer
Book Review Of The Best Interests Of The Child In Healthcare, James G. Dwyer
Faculty Publications
No abstract provided.
Protocol For Attorneys Representing Parents In Child Protective Proceedings, Frank E. Vandervort, Vivek S. Sankaran
Protocol For Attorneys Representing Parents In Child Protective Proceedings, Frank E. Vandervort, Vivek S. Sankaran
Other Publications
This protocol is intended to guide attorneys through the strategic decisions they will need to make while representing parents in child protective cases. The protocol does not provide a comprehensive action-step checklist. Parents’ attorneys can find that kind of guidance in other resources, including the “How-To-Kit: Representing Parents in Child Protective Proceedings” by the Institute of Continuing Legal Education; “Guidelines for Achieving Permanency in Child Protection Proceedings” by Children’s Charter of the Courts of Michigan; and the American Bar Association’s “Standards of Practice for Attorneys Representing Parents in Abuse and Neglect Cases.”1 For its part, this protocol delves more substantively …
Sloppy Joe, Slop, Sloppy Joe: How Usda Commodities Dumping Ruined The National School Lunch Program, J. Amy Dillard
Sloppy Joe, Slop, Sloppy Joe: How Usda Commodities Dumping Ruined The National School Lunch Program, J. Amy Dillard
All Faculty Scholarship
Just as the scales beneath the feet of our nation's children are reaching a tipping point, so too is the social movement of providing local, organic foods for America's schoolchildren. This is welcome news to Alice Waters and others who have long-promoted the health and lifestyle benefits of consuming whole, organic, locally grown and produced foods. Change is under way in many districts around the country; one of the most promising is the Berkeley Unified School District (BUSD), which has undergone a complete overhaul of its school lunch program under the leadership of the "Renegade Lunch Lady," Chef Ann Cooper. …
Children, Kin And Court: Designing Third Party Custody Policy To Protect Children, Third Parties And Parents, Josh Gupta-Kagan
Children, Kin And Court: Designing Third Party Custody Policy To Protect Children, Third Parties And Parents, Josh Gupta-Kagan
Faculty Publications
No abstract provided.
The Child Protection Pretense: States' Continued Consignment Of Newborn Babies To Unfit Parents, James G. Dwyer
The Child Protection Pretense: States' Continued Consignment Of Newborn Babies To Unfit Parents, James G. Dwyer
Faculty Publications
No abstract provided.
Christianity And The Legal Status Of Abandoned Children In The Later Roman Empire, Joshua C. Tate
Christianity And The Legal Status Of Abandoned Children In The Later Roman Empire, Joshua C. Tate
Faculty Journal Articles and Book Chapters
Late Roman imperial legislation relating to abandoned or exposed children has been the subject of much debate. Some have argued that the constitutions of Constantine relating to abandoned children marked a new Christian influence, and that the years between Constantine and Justinian merely refined and explained Constantine's legislation. This paper argues that the legislation of Constantine was not distinctly Christian in content, but that some Christian influence can be seen in the rhetoric of imperial constitutions beginning in the fifth century, and that Christian ideas seem to have affected both the substance and the rhetoric of Justinian's legislation. The paper …
Forward: To Prevent And To Punish: An International Conference In Commemoration Of The Sixtieth Anniversary Of The Genocide Convention, Michael P. Scharf, Brianne M. Draffin
Forward: To Prevent And To Punish: An International Conference In Commemoration Of The Sixtieth Anniversary Of The Genocide Convention, Michael P. Scharf, Brianne M. Draffin
Faculty Publications
No abstract provided.
Advocating For The Constitutional Rights Of Nonresident Fathers, Vivek Sankaran
Advocating For The Constitutional Rights Of Nonresident Fathers, Vivek Sankaran
Articles
Months after a child welaare case is petitioned, a nonresident father appears in court and requests custody of his children who are living in foster care. Little is known about the father, and immediately, the system-judge, caseworkers, and attorneys view him with suspicion and caution, inquiring about his whereabouts and his prior involvement in the children's lives. Those doubts, in turn, raise complicated questions about his legal rights to his children. As a practioner working in the child welfare system, you're likely to face this scenario. The largest percentage of child victims of abuse and neglect come from households headed …
Legal Status And Effect On Children, Margaret F. Brinig, Steven L. Nock
Legal Status And Effect On Children, Margaret F. Brinig, Steven L. Nock
Journal Articles
One of the haunting claims of each poor, unmarried mother in Edin and Kefalas' Promises I Can Keep is that at least she can guarantee she will love her child, even though she cannot promise to make a lifelong commitment to a mate. That love, each young mother says, will be a sustaining gift both to her and the child. Similarly, in work done by sociologists McLanahan and Garfinkel to counteract the claim that it was not single parenting that made children's prospects dim, but poverty, sociologists have found that many of the bad effects of single parenting go away …
Non-Beneficial Pediatric Research And The Best Interest Standard: A Reconciliation, Paul J. Litton
Non-Beneficial Pediatric Research And The Best Interest Standard: A Reconciliation, Paul J. Litton
Faculty Publications
Federal efforts beginning in the 1990's have successfully increased pediatric research to improve medical care for all children. Since 1997, the FDA has requested 800 pediatric studies involving 45,000 children. Much of this research is "non-beneficial"; that is, it exposes pediatric subjects to risk even though these children will not benefit from participating in the research. Non-beneficial pediatric research (NBPR) seems, by definition, contrary to the best interests of pediatric subjects, which is why one state supreme court has essentially prohibited it. It also appears that the only plausible rationale for this research is utilitarian, as it risks some children …
Children And Religious Expression In School: A Comparative Treatment Of The Veil And Other Religious Symbols In Western Democracies, Catherine J. Ross
Children And Religious Expression In School: A Comparative Treatment Of The Veil And Other Religious Symbols In Western Democracies, Catherine J. Ross
GW Law Faculty Publications & Other Works
Whether and how to accommodate students' personal religious symbols worn in public schools are part of a mounting global debate. The competing claims of the body politic and the religious or cultural identity of minority groups came to a head in what the French called the "affair of the veil." This chapter examines the problem of the veil from a cross-cultural perspective, comparing the United States to several other western democracies. The comparison involves both legal and cultural premises. In each instance, the analysis must consider the fundamental values of the body politic, the laws and covenants that govern decision-making, …
Children's Beliefs And Family Law, Margaret F. Brinig
Children's Beliefs And Family Law, Margaret F. Brinig
Journal Articles
In a recent series of opinions authored by Justice Stevens, the Court has recognized that children may have independent religious rights, and that these may be in conflict with their parents'. The questions for this piece are whether considering children's rights independently is a good thing whether it is warranted by children's actual religious preferences and whether children's religious activities actually do anything measurable for the children.
I do not advocate that the Supreme Court become more involved with family law than it has been since the substantive due process days of Meyer and Pierce. I am also not one …
Navigating The Interstate Compact On The Placement Of Children: Advocacy Tips For Child Welfare Attorneys, Vivek Sankaran
Navigating The Interstate Compact On The Placement Of Children: Advocacy Tips For Child Welfare Attorneys, Vivek Sankaran
Articles
Legal advocates across the country confront hundreds of cases like Samira's each year. Many of those cases end with arms raised in frustration due to what appears to be a lack of options after the receiving state either fails to complete the home study or denies a placement. That frustration is understandabkle given the absence of language in the Compact outlining any process to compe states to complete home studies or to permit judicial review of placement denials. Yet, as advocates, we must move beyond this initial state of paralysis and develop creative ways to vindicate the rights of our …