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Articles 1 - 8 of 8
Full-Text Articles in Law
Avoiding Another Eldorado: Balancing Parental Liberty And The Risk Of Error With Governmental Interest In The Well-Being Of Children In Complex Cases Of Child Removal, Andrew T. Erwin
William & Mary Law Review
No abstract provided.
Cryopreserved Embryos As America's Prospective Adoptees: Are Couples Truly "Adopting" Or Merely Transferring Property Rights?, Alexia M. Baiman
Cryopreserved Embryos As America's Prospective Adoptees: Are Couples Truly "Adopting" Or Merely Transferring Property Rights?, Alexia M. Baiman
William & Mary Journal of Race, Gender, and Social Justice
No abstract provided.
Same-Sex Relationships And The Full Faith And Credit Clause: Reducing America To The Lowest Common Denominator, Rena M. Lindevaldsen
Same-Sex Relationships And The Full Faith And Credit Clause: Reducing America To The Lowest Common Denominator, Rena M. Lindevaldsen
William & Mary Journal of Race, Gender, and Social Justice
This Article examines the legal and policy implications that arise when a state that expressly prohibits recognition or enforcement of any rights arising from a same-sex relationship is confronted with a request to register and enforce a child custody order issued by another state that gives custody or visitation rights to a biological mother’s former same-sex partner. As more states confer marital rights to same-sex couples, this issue will occur with increasing frequency. The first reported case in the nation to address the issue, Miller-Jenkins v. Miller-Jenkins, has garnered attention from the national media, including a cover story in the …
Kairos And Safe Havens: The Timing And Calamity Of Unwanted Birth, Susan Ayres
Kairos And Safe Havens: The Timing And Calamity Of Unwanted Birth, Susan Ayres
William & Mary Journal of Race, Gender, and Social Justice
It is impossible to know the number of infants killed or illegally abandoned at birth. No official reporting requirements exist, but conservative estimates claim that in the United States, 150-300 infants are killed within twenty-four hours of life and that over 100 infants are illegally abandoned. Beginning in 1999, in an effort to stem the problem of neonaticide and illegal abandonment, states began enacting laws to legalize abandonment. By 2008, all fifty states had enacted safe haven laws, which allow parents to anonymously abandon newborns by delivering them to designated providers, such as hospitals. This article provides a practical and …
Judging Vanessa: Norm Setting And Deviance In The Law Of Motherhood, Michelle Oberman
Judging Vanessa: Norm Setting And Deviance In The Law Of Motherhood, Michelle Oberman
William & Mary Journal of Race, Gender, and Social Justice
This article, by an author who has devoted over a decade to the study of women whom the law deems "bad" mothers, undertakes a more probing consideration of what truly separates the deviant mother from the "good" mother. In this article, she exposes the flaws in a binary classification of mothers as either "good" or "bad." She accomplishes this task by juxtaposing the stories, both legal and personal, of Vanessa, a woman whom society has judged to be a "bad" mother, and the author, a mother most in society would view as "good." In the end, the author not only …
Mothers Without Borders: Undocumented Immigrant Mothers Facing Deportation And The Best Interests Of Their U.S. Citizen Children, Satya Grace Kaskade
Mothers Without Borders: Undocumented Immigrant Mothers Facing Deportation And The Best Interests Of Their U.S. Citizen Children, Satya Grace Kaskade
William & Mary Journal of Race, Gender, and Social Justice
This note addresses how deportation of undocumented immigrants affects the U.S. citizen children of those immigrants. The author examines this issue by studying the story of Marta Escoto, a woman facing deportation and also the mother and sole caregiver of a U.S. citizen child with a severely debilitating disease. If Escoto is deported and forced to return to her home country of Honduras, her daughter will likely be unable to continue to receive adequate and necessary health care. Mothers like Escoto who face deportation often plead the well-being of their children, but few can satisfy the high burden of proving …
First Parents: Reconceptualizing Newborn Adoption, James G. Dwyer
First Parents: Reconceptualizing Newborn Adoption, James G. Dwyer
Faculty Publications
No abstract provided.
Constitutional Birthright: The State, Parentage, And The Rights Of Newborn Persons, James G. Dwyer
Constitutional Birthright: The State, Parentage, And The Rights Of Newborn Persons, James G. Dwyer
Faculty Publications
State parentage laws, dictating who a newborn child's first legal parents will be, have been the subject of constitutional challenges in several U.S. Supreme Court and many lower court decisions. All of those decisions, however, have focused on constitutional rights of adults (especially unwed biological fathers) who wish to become, or to avoid becoming, legal parents. Neither courts nor legal scholars have considered whether the children have any constitutional rights that constrain legislatures and courts in deciding which adults will be their legal parents. If a state enacted a parentage law that said, for example, that any child born to …