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Articles 1 - 18 of 18

Full-Text Articles in Law

Deinstitutionalization Of Status Offenders: In Perspective , Robert W. Sweet Jr. Nov 2012

Deinstitutionalization Of Status Offenders: In Perspective , Robert W. Sweet Jr.

Pepperdine Law Review

No abstract provided.


The Best Interest Of The Child And The Law , Christian Reichel Van Deusen Nov 2012

The Best Interest Of The Child And The Law , Christian Reichel Van Deusen

Pepperdine Law Review

No abstract provided.


A Constitutional Right To Safe Foster Care - Time For The Supreme Court To Pay Its I.O.U., Daniel L. Skoler Nov 2012

A Constitutional Right To Safe Foster Care - Time For The Supreme Court To Pay Its I.O.U., Daniel L. Skoler

Pepperdine Law Review

No abstract provided.


Best Interests Of The Child: By Whose Definition? , Harvey R. Sorkow Nov 2012

Best Interests Of The Child: By Whose Definition? , Harvey R. Sorkow

Pepperdine Law Review

No abstract provided.


Allocating The Costs Of Parental Free Exercise: Striking A New Balance Between Sincere Religious Belief And A Child's Right To Medical Treatment , Paul A. Monopoli Nov 2012

Allocating The Costs Of Parental Free Exercise: Striking A New Balance Between Sincere Religious Belief And A Child's Right To Medical Treatment , Paul A. Monopoli

Pepperdine Law Review

No abstract provided.


The Child's Right To Be Heard And Represented In Judicial Proceedings , Howard A. Davidson Nov 2012

The Child's Right To Be Heard And Represented In Judicial Proceedings , Howard A. Davidson

Pepperdine Law Review

No abstract provided.


Medical Evidence In Cases Of Intrauterine Drug And Alcohol Exposure , Judith Larsen, Robert M. Horowitz, Ira J. Chasnoff Nov 2012

Medical Evidence In Cases Of Intrauterine Drug And Alcohol Exposure , Judith Larsen, Robert M. Horowitz, Ira J. Chasnoff

Pepperdine Law Review

No abstract provided.


Adult Survivors Of Childhood Sexual Abuse And The Statute Of Limitations: The Need For Consistent Application Of The Delayed Discovery Rule, Gregory G. Gordon Nov 2012

Adult Survivors Of Childhood Sexual Abuse And The Statute Of Limitations: The Need For Consistent Application Of The Delayed Discovery Rule, Gregory G. Gordon

Pepperdine Law Review

No abstract provided.


Planning For A Disabled Child, Judith G. Mcmullen Aug 2012

Planning For A Disabled Child, Judith G. Mcmullen

Marquette Elder's Advisor

McMullen provides a comprehensive view of the problems encountered when estate planning includes providing for a disabled child of any age. Traditional approaches, such as outright gifts and trusts, are discussed. Particular attention is paid to situations which might limit access to potential public benefits, including medical assistance programs. Various aspects to consider while evaluating possible options are discussed.


Petitioning For Grandparent Visitation, State By State, Julie A. Braun Aug 2012

Petitioning For Grandparent Visitation, State By State, Julie A. Braun

Marquette Elder's Advisor

This article discusses varying legislation enacted by all fifty states that allow grandparents to petition for visitation with their grandchildren. While some states allow a grandparent to petition for visitation at any time, the majority of states require a disruption of an intact nuclear family before a grandparent may petition for visitation. The article identifies practice tips and discusses conditions or restrictions a court may impose on the visitation.


Silencing The Victims In Child Sexual Abuse Prosecutions: The Confrontation Clause And Children's Hearsay Statements Before And After Michigan V. Bryant, Deborah Paruch Jul 2012

Silencing The Victims In Child Sexual Abuse Prosecutions: The Confrontation Clause And Children's Hearsay Statements Before And After Michigan V. Bryant, Deborah Paruch

Touro Law Review

No abstract provided.


Towards Determining Legal Parentage By Agreement In Israel, Yehezkel Margalit Jul 2012

Towards Determining Legal Parentage By Agreement In Israel, Yehezkel Margalit

Hezi Margalit

In Israel as in other parts of the world, families, parenthood, and relations between parents and children have changed dramatically over the past few decades. So, too, developments in modern medicine have enhanced the ability to separate sexuality from fertility and parenthood. Many researchers feel that the legal system has not kept pace with these changes, and that traditional models of familial relationships no longer provide adequate tools for dealing with them. In order to bridge the gap between a desired social status and current law, a growing number of parents seek to regulate the status, rights, and obligations of …


Determining Legal Parenthood By Agreement As A Possible Solution To The Challenges Of The New Era, Yehezkel Margalit Jul 2012

Determining Legal Parenthood By Agreement As A Possible Solution To The Challenges Of The New Era, Yehezkel Margalit

Hezi Margalit

Over the past decades, we witnessed changes in the matrimonial and parenting institutions. Medical innovations have further created ethical-legal dilemmas. It is, therefore, essential to create a theory and framework that will determine ways to deal with the resulting dilemma in a fully developed manner. This paper surveys the current, conflicting shifts in family structure and the definition of legal parenthood. In it, I deal with the importance and various aspects of defining legal parenthood. I will also focus on the singularity of this dilemma as it is increasingly apparent in the various fertility treatments. I present the sociological-legal roots …


A ‘Simple Test’: Posthumously Conceived Children And Social Security Entitlements In Astrue V Capato, Mel Cousins May 2012

A ‘Simple Test’: Posthumously Conceived Children And Social Security Entitlements In Astrue V Capato, Mel Cousins

Mel Cousins

This case note examines a recent Supreme Court decision concerning the interpretation of the provisions of the Social Security Act concerning entitlement to survivor’s benefits in respect of children. The case involved the correct construction of the term ‘child’ in the Act but arose, more specifically, from a series of cases concerning posthumously conceived children. Courts of Appeal had come to different interpretations as to correct interpretation of the Act and the Supreme Court intervened to resolve the conflict. The Court accepted the Social Security Agency’s (SSA) interpretation of the legislation. However, although legally correct, this does little if anything …


Ethical Issues In The Respresentation Of Parents In Child Welfare Cases, Bruce A. Boyer May 2012

Ethical Issues In The Respresentation Of Parents In Child Welfare Cases, Bruce A. Boyer

Bruce A. Boyer

No abstract provided.


Stock Stories, Cultural Norms, And The Shape Of Justice For Native Americans Involved In Interparental Child Custody Disputes In State Court Proceedings, Diana Lopez-Jones Jan 2012

Stock Stories, Cultural Norms, And The Shape Of Justice For Native Americans Involved In Interparental Child Custody Disputes In State Court Proceedings, Diana Lopez-Jones

Diana Lopez-Jones

In an American courtroom, a litigant relies on the evidence and his words--strung together in story form--to convince the judge (or jury) of the merits of the case. The litigants compete, within strict parameters, to tell the stronger and more resonant story. Because stories almost always begin with a shift in “the way things generally are,” stories of change essentially form the foundation for much litigation, especially in family courts. The stories presented by litigants in family court are not only emotionally compelling, but they also incorporate themes common to daily life: family conflicts, spousal relationships, parental responsibilities, financial difficulties, …


Fifty State Survey Of Child Exploitation Laws, Brenda V. Smith Jan 2012

Fifty State Survey Of Child Exploitation Laws, Brenda V. Smith

The Project on Addressing Prison Rape - Surveys

This document provides information regarding enacting state, statute number, statute title, coverage, definition and notes, penalties, and defenses (if given) for criminal laws prohibiting sexual abuse of inmates by staff.


New Paths For The Court: Protections Afforded Juveniles Under Miranda; Effective Assistance Of Counsel; And Habeas Corpus Decisions Of The Supreme Court’S 2010/2011 Term, Richard Klein Jan 2012

New Paths For The Court: Protections Afforded Juveniles Under Miranda; Effective Assistance Of Counsel; And Habeas Corpus Decisions Of The Supreme Court’S 2010/2011 Term, Richard Klein

Touro Law Review

No abstract provided.