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Articles 1 - 29 of 29
Full-Text Articles in Law
The Child Client: Representing Children In Child Protective Proceedings, Merril Sobie
The Child Client: Representing Children In Child Protective Proceedings, Merril Sobie
ExpressO
No abstract provided.
Evaluating Marriage: Does Marriage Matter To The Nurturing Of Children?, Robin Fretwell Wilson
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 …
The View Outside: What Kind Of Expression For Adolescents Outside The United States?, Edward J. Eberle
The View Outside: What Kind Of Expression For Adolescents Outside The United States?, Edward J. Eberle
Law Faculty Scholarship
No abstract provided.
Domestic Relations Divorce: Require Certain Divorcing Parents To Participate In Certain Education Classes That Focus On The Effect Of Divorce And Separation On Children; Provide For Legislative Findings; Provide For The Types Of Persons Who Can Provide The Education; Provide For Exceptions To The Education Classes; Change Certain Provisions Relating To The Time Limit For Granting A Divorce On The Ground That The Marriage Is Irretrievably Broken; Provide For A Different Time Frame For Granting Divorce Based On Certain Circumstances; Provide For Related Matters; Provide For An Effective Date And Applicability; Repeal Conflicting Laws; And For Other Purposes, Karen Hamilton
Georgia State University Law Review
The bill would have required certain divorcing parents with dependent children under 18 years of age to participate in education classes and provided the different types of professionals who could conduct the classes. The bill also would have enacted a waiting period changing the time a court could grant a divorce to 120 days from the date of the parties' separation when the parties have children 18 years of age or younger. The bill provided a waiting period waiver when a party obtained a protective order or when either party submitted allegations to the court of specific facts establishing probable …
The Free Exercise Of Religion And Public Schools: The Implications Of Hybrid Rights On The Religious Upbringing Of Children, Michael E. Lechliter
The Free Exercise Of Religion And Public Schools: The Implications Of Hybrid Rights On The Religious Upbringing Of Children, Michael E. Lechliter
Michigan Law Review
This Note argues that parents have a fundamental right under the U.S. Constitution to direct the religious upbringing of their children and that courts interpreting Smith have systematically misunderstood and misapplied the Supreme Court's confusing hybrid rights language. Part I explains how Yoder and Smith create and preserve parents' right to direct the religious upbringing of their children. The essential point is that the free exercise right and the parental right are not examined independently and simply added together, but instead are incorporated together to provide a specific bite to the free exercise claim. Part I also examines the lower …
For Whom The School Bell Tolls But Not The Statute Of Limitations: Minors And The Individuals With Disabilities Education Act, Lynn M. Daggett, Perry A. Zirkel, Leeann L. Gurysh
For Whom The School Bell Tolls But Not The Statute Of Limitations: Minors And The Individuals With Disabilities Education Act, Lynn M. Daggett, Perry A. Zirkel, Leeann L. Gurysh
University of Michigan Journal of Law Reform
This Article explores whether claims under the federal special education statute should be tolled on account of minority. Adult disabled students typically assert this type of tolling claim when alleging statutory violations dating back ten or more years, when they were minors. However this tolling claim is decided, there may be undesired results. First, even if the student has a very strong case, the merits are never reached if the court dismisses the hearing request as untimely. Second, if the hearing request is timely and the case proceeds to the merits, the student must remain in her current educational placement, …
Secondhand Smoke And The Family Courts: The Role Of Smoke Exposure In Custody And Visitation Decisions, Kathleen Dachille, Kristine Callahan
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.
Caught Between A Rock And A Hard Place: Harmonizing Victim Confidentiality Rights With Children's Best Interests, Lauren E. Parsonage
Caught Between A Rock And A Hard Place: Harmonizing Victim Confidentiality Rights With Children's Best Interests, Lauren E. Parsonage
Missouri Law Review
In State ex rel. Hope House, Inc. v. Merrigan, the Missouri Supreme Court examined Missouri Revised Statutes Section 210.140, 5 which eliminates legally recognized privileged communications where there is evidence of child abuse or neglect, and attempted to resolve it with Section 455.220,6 which establishes strict confidentiality for residents of domestic violence shelters. 7 Although Section 210.140 has previously been the subject of litigation, this case was the first time the court concurrently dealt with Section 455.220 and attempted to harmonize two conflicting statutes that ultimately could have a tremendous effect on the children involved. This Note will examine the …
To Surf And Protect: The Children's Internet Protection Act Policies Material Harmful To Minors And A Whole Lot More, Michael B. Cassidy
To Surf And Protect: The Children's Internet Protection Act Policies Material Harmful To Minors And A Whole Lot More, Michael B. Cassidy
Michigan Telecommunications & Technology Law Review
This Note will examine the constitutional issues raised by installing Internet filtering software in public libraries. Part I explores the First Amendment, the standard of review for restricting Internet material, and the government's role in protecting minors and regulating speech. Part II discusses library patrons' First Amendment rights in public libraries. Part III provides the statutory framework of the E-rate and LSTA programs, as well as the Children's Internet Protection Act (CIPA). Part IV examines the effectiveness of current Internet filtering technology and provides the American Library Association's policies on Internet filtering in public libraries. Part V discusses the district …
Instructions In Inequality: Development, Human Rights, Capabilities, And Gender Violence In School, Erika George
Instructions In Inequality: Development, Human Rights, Capabilities, And Gender Violence In School, Erika George
Michigan Journal of International Law
This Article argues that the international community's gender equality targets will not be realized by 2015 because the problems associated with sexual violence against girls in schools are situated at an intersection of contested conceptual divides between human rights (civil and political liberties) and development aims (social and economic needs). Cracks in the conceptual foundations of both the liberal and utilitarian theories of justice and equality, which support traditional human rights advocacy and economic development plans, respectively render each approach inadequate to fully identify and address the grave danger sexual violence and harassment in schools pose to educational equality. In …
Research Involving Children: Regulations, Review Board, And Reform, Rupali Gandhi
Research Involving Children: Regulations, Review Board, And Reform, Rupali Gandhi
Journal of Health Care Law and Policy
No abstract provided.
Between Dependency And Liberty: The Conundrum Of Children’S Rights In The Gilded Age, David S. Tanenhaus
Between Dependency And Liberty: The Conundrum Of Children’S Rights In The Gilded Age, David S. Tanenhaus
Scholarly Works
Although legal scholars often assume that the history of children's rights in the United States did not begin until the mid twentieth century, this essay argues that a sophisticated conception of children's rights existed a century earlier, and analyzes how lawmakers articulated it through their attempts to define the rights of dependent children. How to handle their cases raised fundamental questions about whether children were autonomous beings or the property of either their parents and/or the state. And, if the latter, what were the limits of parental authority and/or the power of the state acting as a parent? By investigating …
Landowners' Duty To Guests Of Invitees And Tenants: Vogt. V. Murraywood Swim & (And) Racquet Club And Goode V. St. Stephens United Methodist Church, Matthew D. Lincoln
Landowners' Duty To Guests Of Invitees And Tenants: Vogt. V. Murraywood Swim & (And) Racquet Club And Goode V. St. Stephens United Methodist Church, Matthew D. Lincoln
South Carolina Law Review
No abstract provided.
Playing Hide And Seek: How To Protect Virtual Pornographers And Actual Children On The Internet, Audrey Rogers
Playing Hide And Seek: How To Protect Virtual Pornographers And Actual Children On The Internet, Audrey Rogers
Elisabeth Haub School of Law Faculty Publications
This Article considers the Supreme Court's suggestion and recommends a mechanism to regulate the virtual pornography market in a manner that balances the rights of virtual pornographers with the prosecution of actual child pornographers. Part II traces the events leading up to the Free Speech decision, commencing with the enactment of the Child Pornography Prevention Act of 1996 (CPPA). Part III discusses the Free Speech opinion and the post-Free Speech cases. Part IV examines the PROTECT Act--the legislative response to the Supreme Court's decision. Part V concludes that regulation of the virtual pornography industry is the most effective method of …
Induced Autism The Legal And Ethical Implications Of Inoculating Vaccine Manufacturers From Liability, Helia Garrido Hull
Induced Autism The Legal And Ethical Implications Of Inoculating Vaccine Manufacturers From Liability, Helia Garrido Hull
Faculty Scholarship
No abstract provided.
Preimplantation Genetic Diagnosis: From Preventing Genetic Disease To Customizing Children. Can The Technology Be Regulated Based On The Parents’ Intent?, Lindsey A. Vacco
Preimplantation Genetic Diagnosis: From Preventing Genetic Disease To Customizing Children. Can The Technology Be Regulated Based On The Parents’ Intent?, Lindsey A. Vacco
Saint Louis University Law Journal
No abstract provided.
For The Sake Of All Children: Opponents And Supporters Of Same-Sex Marriage Both Miss The Mark, Nancy Polikoff
For The Sake Of All Children: Opponents And Supporters Of Same-Sex Marriage Both Miss The Mark, Nancy Polikoff
Articles in Law Reviews & Other Academic Journals
No abstract provided.
Capitalizing Adolescence: Juvenile Offenders On Death Row, Mary Berkheiser
Capitalizing Adolescence: Juvenile Offenders On Death Row, Mary Berkheiser
Scholarly Works
Taking as its sample group the 2005 population of seventy-two juvenile offenders on death row, this article examines the roles of peer influence and group offending in the murders committed by those now awaiting execution. Based on that examination, the article suggests certain reforms in the capital trials of juveniles. To set the stage, the article first marshals the evidence supporting the “group crime” theory of youth violence and then discusses the critical role of peers in adolescent development and group offending of a violent crime.
A Review Of A. Dirk Moses (Ed.), Genocide And Settler Society: Frontier Violence And Stolen Indigenous Children In Australian History, Lorenzo Veracini
A Review Of A. Dirk Moses (Ed.), Genocide And Settler Society: Frontier Violence And Stolen Indigenous Children In Australian History, Lorenzo Veracini
Faculty of Law, Humanities and the Arts - Papers (Archive)
Genocide and Settler Society constitutes a successful exercise in deparochialization. Until now, discussions of genocides in an Australian context have centered on whether this category could be applied, accompanied by debated qualifications, to the experience of Indigenous people. On the contrary, Genocide and Settler Society ultimately and convincingly reverses this order. It is not a matter of testing the relevance of genocide studies to Australian history; rather, there is a need to explore the ways in which genocide studies at large can benefit from an appraisal of the Australian experience. In order to perform this intellectual recasting, Dirk Moses has …
Video Games As A Protected Form Of Expression, Paul E. Salamanca
Video Games As A Protected Form Of Expression, Paul E. Salamanca
Law Faculty Scholarly Articles
Video games, like motion pictures, failed to qualify for First Amendment protection until well after they emerged as a medium. Today, a number of courts have held that such games constitute a form of expression and do not fall into any recognized category of unprotected speech. Nevertheless, a number of commentators have called for limited constitutional protection for video games, predicating their arguments on a variety of grounds, including the alleged deleterious effects of such games on children. This Article responds to these commentators and defends recent decisions extending protection to video games.
Bargaining And Distribution In Special Education, Daniela Caruso
Bargaining And Distribution In Special Education, Daniela Caruso
Faculty Scholarship
The problem of unequal access to educational services in the US has received the attention of courts and legislators for several decades. A traditional source of inequality, increasingly addressed by scholars and law-makers, is the discrimination against students with disabilities, who were once deprived tout court of real educational opportunities.' In this field, legislative intervention has been momentous and political forces across ideological lines have converged to provide children with disabilities proper access to public learning. The reform of special education has achieved tangible results in the last thirty years and has provided children with unprecedented opportunities.
Domestic Violence And Mediation: Responding To The Challenges Of Crafting Effective Screens, Jane C. Murphy, Robert Rubinson
Domestic Violence And Mediation: Responding To The Challenges Of Crafting Effective Screens, Jane C. Murphy, Robert Rubinson
All Faculty Scholarship
Over the last two decades, mediation of family law cases has become well-established in American courts. As mediation has grown, experts have recognized that power imbalances between couples may interfere with mediation. This imbalance is particularly evident where one partner has been abusive to the other. Widespread consensus has developed that decisions about whether mediation is appropriate are particularly crucial and delicate when domestic violence is present. Despite this consensus, there is evidence that courts are still ordering couples who have experienced domestic violence to mediate their family law disputes with little or not particularized examination of the couples' circumstances. …
Legal Images Of Fatherhood: Welfare Reform, Child Support Enforcement, And Fatherless Children, Jane C. Murphy
Legal Images Of Fatherhood: Welfare Reform, Child Support Enforcement, And Fatherless Children, Jane C. Murphy
All Faculty Scholarship
This Article analyzes the issue of paternity disestablishment, an issue courts and legislatures have been struggling with over the last several years. For a variety of reasons explored in this Article, an increasing number of fathers have filed requests to set aside paternity orders seeking to be relieved of the legal obligations of fatherhood. As a result families have been destabilized and children are becoming fatherless. The implications for the future of the family are profound. Although some scholars have examined this phenomenon, none have addressed the link between paternity disestablishment and welfare reform.
This Article explores the law's evolving …
An Analysis Of Unified Family Courts In Maryland And California: Their Relevance For Ontario's Family Justice System, Barbara A. Babb
An Analysis Of Unified Family Courts In Maryland And California: Their Relevance For Ontario's Family Justice System, Barbara A. Babb
All Faculty Scholarship
The Ministry of the Attorney General of Ontario has contracted with the University of Baltimore School of Law's Center for Families, Children and the Courts to prepare this research paper. The purpose of the paper is to provide an overview of unified family courts and court-connected family services in two jurisdictions, Maryland and California, as agreed to by officials of the Ministry. The overview provides information about the structure of each jurisdiction's unified family court, family services connected to the court, the role of judicial and quasi-judicial officers, the assignment and specialization of the judiciary, rules or processes to deal …
Inter-American System, Claudia Martin
Inter-American System, Claudia Martin
Articles in Law Reviews & Other Academic Journals
No abstract provided.
Crawford V. Washington: The Admissibility Of Statements To Physicians And The Use Of Closed-Circuit Television In Cases Of Child Sexual Abuse, Jon Simon Stefanuca
Crawford V. Washington: The Admissibility Of Statements To Physicians And The Use Of Closed-Circuit Television In Cases Of Child Sexual Abuse, Jon Simon Stefanuca
University of Maryland Law Journal of Race, Religion, Gender and Class
No abstract provided.
From Poverty To Abuse And Back Again: The Failure Of The Legal And Social Services Communities To Protect Foster Children, Sharon Balmer
From Poverty To Abuse And Back Again: The Failure Of The Legal And Social Services Communities To Protect Foster Children, Sharon Balmer
Fordham Urban Law Journal
After decades of legislative reform, stories of foster care abuse still appear on the fron pages of our newspapers, and foster children who are injured while in protective care are turning to the courts to change the system. It is still relatively difficult for a child to prevail in an action against child protective workers and agencies. Opinions addressing children’s issues are few, and courts seem hesitant to expand causes of action. This Comment explores the current state of children’s legal remedies for injuries incurred as the result of a foster care placement. Part I describes the foster care system …
Pornography As Trafficking, Catharine A. Mackinnon
Pornography As Trafficking, Catharine A. Mackinnon
Michigan Journal of International Law
In material reality, pornography is one way women and children are trafficked for sex. To make visual pornography, the bulk of the industry's products, real women and children, and some men, are rented out for use in commercial sex acts. In the resulting materials, these people are then conveyed and sold for a buyer's sexual use. Obscenity laws, the traditional legal approach to the problem, do not care about these realities at all. The morality of what is said and shown remains their focus and concern. The injuries inflicted on real people to make the materials, or because they are …
Protecting Children From Speech, Alan E. Garfield
Protecting Children From Speech, Alan E. Garfield
Alan E Garfield
Public concern about minor access to inappropriate speech (violent, sexual, vice advertising) has led to an onslaught of regulatory responses in recent years. Courts have wrestled with the constitutionality of these regulations but their decisions have provided little clarity as to what legislators may or may not do. In this Article, I guide legislators and judges through the thicket of child-protection censorship. I cut through the mass of precedent, empirical studies, and scholarship to distill the child-protection/free speech conflict into a series of comprehensible questions. By identifying the key questions underlying the conflict, I draw attention to the core constitutional …