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Full-Text Articles in Law
Child Sexual Abuse In Custody And Visitation Disputes: Problems, Progress, And Prospects, Susan Romer
Child Sexual Abuse In Custody And Visitation Disputes: Problems, Progress, And Prospects, Susan Romer
Golden Gate University Law Review
This Comment will focus on cases involving allegations of child sexual abuse made during divorce proceedings or during post-judgment custody and visitation disputes. California law is the primary focus. New York cases, statutes and procedures are compared and contrasted. The Comment first discusses studies of the veracity of allegations of sexual abuse arising in custody and visitation cases. Secondly, it addresses the methods used in the investigation and assessment of child sexual abuse charges. Finally, it explores which court is best able to decide these cases.
Raising The Standard For Expert Testimony: An Unwarranted Obstacle In Proving Claims Of Child Sexual Abuse In Dependency Hearings, Matthew J. Dulka
Raising The Standard For Expert Testimony: An Unwarranted Obstacle In Proving Claims Of Child Sexual Abuse In Dependency Hearings, Matthew J. Dulka
Golden Gate University Law Review
This comment will examine the Amber B. court's decision to characterize evidence provided by the mental health professionals as scientific evidence and not as expert opinion. Secondly, this comment will explore the desirability of imposing the scientific evidence standard, usually applied in criminal cases, to dependency hearings. Finally, this comment will discuss the implications of the Amber B. decision in light of the already present evidentiary difficulties of proving child sexual abuse claims and the social policy of protecting the welfare of the abused child.
Survey: Women And California Law, Alan Black, Katherine Hardy
Survey: Women And California Law, Alan Black, Katherine Hardy
Golden Gate University Law Review
This survey of California law, a regular feature of the Women's Law Forum, summarizes recent California Supreme Court and Court of Appeal decisions of special importance to women. A brief analysis of the issues pertinent to women raised in each case is provided.
Child Sexual Abuse In California: Legislative And Judicial Responses, Robert Mertens
Child Sexual Abuse In California: Legislative And Judicial Responses, Robert Mertens
Golden Gate University Law Review
This Comment focuses on recent and proposed changes in California law that have occurred as a result of our "discovering" that thousands of children in this state are sexually abused each year. The majority of laws enacted will undoubtedly benefit the children who come in contact with the courts. However, a well-developed body of legislative and common law has been forged over the past century in California and should not be improvidently discarded. Many of the evidentiary issues relating to child molestation cases have been addressed by both the legislature and the courts over the years. Perhaps the true test …
The First Complaint: An Approach To The Admission Of Child-Hearsay Statements Under The Alaska Rules Of Evidence, John J. Gochnour
The First Complaint: An Approach To The Admission Of Child-Hearsay Statements Under The Alaska Rules Of Evidence, John J. Gochnour
Alaska Law Review
No abstract provided.
Protecting “Any Child:” The Use Of The Confidential Marital Communications Privilege In Child Molestation Cases, Naomi Goodno
Protecting “Any Child:” The Use Of The Confidential Marital Communications Privilege In Child Molestation Cases, Naomi Goodno
Naomi Harlin Goodno
Imagine a grandmother who wants to testify in a criminal trial that her husband confessed to her that he molested their two-year old grandson, but she is prevented from doing so. This is a true example of how a defendant can invoke the confidential martial communications privilege. Federal courts and half of the state legislatures have created exceptions to the confidential martial communications privilege in narrow situations. If a defendant has committed a crime against “the child of either” spouse, or against a “child residing in the home,” then the defendant cannot bar testimony based on the confidential marital communications …