Open Access. Powered by Scholars. Published by Universities.®
- Institution
- Keyword
-
- Children (3)
- Family law (3)
- Adoption (2)
- Domestic Relations (2)
- Adoptive parents (1)
-
- Baltimore City (1)
- Best interests (1)
- Biological mother (1)
- Birth parents (1)
- Burglary rates (1)
- Child (1)
- Child welfare (1)
- Crime (1)
- Custody (1)
- Divorce (1)
- Equal protection (1)
- Family Law (1)
- Fiduciary (1)
- Fines (1)
- Foster care (1)
- Health Law and Policy (1)
- Imprisonment (1)
- Legal incentives (1)
- Legal representation (1)
- Mandatory attendence (1)
- Marriage (1)
- Maryland (1)
- Misdemeanors (1)
- Parent (1)
- Parentage (1)
Articles 1 - 8 of 8
Full-Text Articles in Law
Prenuptial Agreements: A New Reason To Revive An Old Rule, Jeffrey G. Sherman
Prenuptial Agreements: A New Reason To Revive An Old Rule, Jeffrey G. Sherman
All Faculty Scholarship
No abstract provided.
Protecting Children By Preserving Parenthood, Jane C. Murphy
Protecting Children By Preserving Parenthood, Jane C. Murphy
All Faculty Scholarship
Establishing legal parentage, once a relatively straightforward matter of marriage and biology, has become increasingly complex. The determination of legal status as mother may now involve several women making claims based on genetic contribution, contract, status as gestational carrier or other bases. The debate about the best choice for children when adults are competing for parental status is ongoing, lively and filled with many voices. Less attention has been paid to a much larger, second category of cases - cases in which the law is faced with resolving the legal status of the one adult who may be available to …
Foster Children Paying For Foster Care, Daniel L. Hatcher
Foster Children Paying For Foster Care, Daniel L. Hatcher
All Faculty Scholarship
This Article examines the legality and policy concerns of state foster care agencies using children's Social Security benefits as a state funding stream. The practice requires foster children who are disabled or have deceased or disabled parents to pay for their own care. Often with the assistance of private consultants under contingency fee contracts, agencies look for children who are eligible for Social Security benefits and interject themselves as the children's representative payees. Rather than using the benefits to serve the children's unmet needs, the agencies use their fiduciary power to access the children's benefits and apply the funds to …
Adoption Consents: Legal Incentives For Best Practices, Elizabeth Samuels
Adoption Consents: Legal Incentives For Best Practices, Elizabeth Samuels
All Faculty Scholarship
When a state places its legal imprimatur on the unmaking of one family and the making of another, the state should insure to the greatest extent possible that all the individuals involved have followed or have been afforded the best practices that ethics and humanity demand. The Uniform Adoption Act sets out commonly accepted goals of state adoption laws, among them the goals of protecting minor children against unnecessary separation from their birth parents and of ensuring that a decision by a birth parent to relinquish a minor child and consent to the childs adoption is informed and voluntary. With …
Legal Representation Of Birth Parents And Adoptive Parents, Elizabeth Samuels
Legal Representation Of Birth Parents And Adoptive Parents, Elizabeth Samuels
All Faculty Scholarship
The Article examines the role that legal representation of birth and prospective parents may or may not play in independent domestic adoptions in furthering two primary goals that characterize ethically and humanely conducted adoptions, deliberate decision making and finality. Ideally, these two goals are complementary and can be balanced with one another. There is, however, a danger of the second goal eclipsing the first. Many state laws appear to value an increase in infant adoptions over the goal of encouraging careful deliberation. Most domestic infant adoptions involve powerful market forces as well as powerful emotional pressures, and they occur in …
A Truancy Court Program To Keep Students In School, Barbara A. Babb
A Truancy Court Program To Keep Students In School, Barbara A. Babb
All Faculty Scholarship
Under Maryland law, "[e]ach person who has legal custody or care and control of a child who is 5 years old or older and under 16 shall see that the child attends school..." MD. Education Code Ann. Sect. 7-301 (c) 2006. The law also provides penalties for violations, as the legal custodian or caregiver "who fails to see that the child attends school...is guilty of a misdemeanor," which could result in fines of $50 to $100 per day of unlawful absence and/or imprisonment for 10 to 30 days, depending on whether the conviction is a first or subsequent conviction. MD. …
Asymmetric Parenthood, Katharine K. Baker
Asymmetric Parenthood, Katharine K. Baker
All Faculty Scholarship
This analysis of the American Law Institute's Principles of Family Law, Chapter 3, examines how the Principles perceive the origins and extent of parental obligation. What is that makes someone financially responsible for a child? Perhaps surprisingly, the Drafters of this key chapter of the Principles spend remarkably little time analyzing that question. Instead, to determine who has parental obligation, the Principles rely on extant legal paternity and parenthood doctrine that is itself completely muddled. To determine the extent of parental obligation, the Principles employ a binary biological ideal of parenthood that fails to reflect reality for close to half …
Mandatory Waiting Periods For Abortions And Female Mental Health, Jonathan Klick
Mandatory Waiting Periods For Abortions And Female Mental Health, Jonathan Klick
All Faculty Scholarship
Proponents of laws requiring a waiting period before a woman can receive an abortion argue that these cooling off periods protect against rash decisions on the part of women in the event of unplanned pregnancies. Opponents claim, at best, waiting periods have no effect on decision-making and, at worst, they subject women to additional mental anguish and stress. In this article, I examine these competing claims using adult female suicide rates at the state level as a proxy for mental health. Panel data analyses suggest that the adoption of mandatory waiting periods reduce suicide rates by about 10 percent, and …