Open Access. Powered by Scholars. Published by Universities.®

Law Commons

Open Access. Powered by Scholars. Published by Universities.®

Articles 1 - 11 of 11

Full-Text Articles in Law

Legal Status And Effect On Children, Margaret F. Brinig, Steven L. Nock Oct 2013

Legal Status And Effect On Children, Margaret F. Brinig, Steven L. Nock

Margaret F Brinig

One of the haunting claims of each poor, unmarried mother in Edin and Kefalas' Promises I Can Keep is that at least she can guarantee she will love her child, even though she cannot promise to make a lifelong commitment to a mate. That love, each young mother says, will be a sustaining gift both to her and the child. Similarly, in work done by sociologists McLanahan and Garfinkel to counteract the claim that it was not single parenting that made children's prospects dim, but poverty, sociologists have found that many of the bad effects of single parenting go away …


How Much Does Legal Status Matter? Adoptions By Kin Caregivers, Margaret F. Brinig, Steven L. Nock Oct 2013

How Much Does Legal Status Matter? Adoptions By Kin Caregivers, Margaret F. Brinig, Steven L. Nock

Margaret F Brinig

No abstract provided.


The Role Of Socioeconomics In Teaching Family Law, Margaret F. Brinig Oct 2013

The Role Of Socioeconomics In Teaching Family Law, Margaret F. Brinig

Margaret F Brinig

No abstract provided.


Parents: Trusted But Not Trustees Or (Foster) Parents As Fiduciaries, Margaret F. Brinig Oct 2013

Parents: Trusted But Not Trustees Or (Foster) Parents As Fiduciaries, Margaret F. Brinig

Margaret F Brinig

Some fifteen years ago, Elizabeth and Robert Scott wrote an important article making the case that parents could be usefully described using a fiduciary model. This paper explains why their model fits foster parents better than biological or adoptive parents, at least in the sense that Tamar Frankel explains in her new book on fiduciary law.


All In The Family, Almost - A Review Of The 2012-2013 U.S. Supreme Court Term, Miller W. Shealy Jr. Aug 2013

All In The Family, Almost - A Review Of The 2012-2013 U.S. Supreme Court Term, Miller W. Shealy Jr.

Miller W. Shealy Jr.

No abstract provided.


Sending American Children Abroad: An Analysis Of U.S. Adoption Practices After The Ratification Of The Hague Convention On Intercountry Adoption, Jessica J. G. Johnson Jul 2013

Sending American Children Abroad: An Analysis Of U.S. Adoption Practices After The Ratification Of The Hague Convention On Intercountry Adoption, Jessica J. G. Johnson

Jessica J. G. Johnson

While many people accept the fact that Americans and Europeans regularly adopt children from foreign countries such as China and Ethiopia, a different trend is becoming more common today. American-born children are being adopted by people living in foreign countries. This fact is not in itself bad or immoral; however, it clearly violates the Hague Convention on International Adoption which was fully integrated into U.S. law in 2008. This treaty has a provision known as the subsidiarity rule which states that all available options within the home country must first be considered before allowing a child to be adopted by …


South Dakota: Making Dollars And Sense Of Indian Child Removal, Rachael Whitaker Mar 2013

South Dakota: Making Dollars And Sense Of Indian Child Removal, Rachael Whitaker

Rachael Whitaker

South Dakota- Making Dollars and Sense of Indian Child Removal By: Rachael Whitaker In 2004, a South Dakota Governor’s Commission report adamantly denied claims that the state’s Department of Social Services (DSS) is “harvesting Indian children as a cash crop” and “runs nothing more than a state sponsored kidnapping program.” National Public Radio (NPR) broke a story in 2011, claiming South Dakota removed Indian children for profit. Since NPR’s report, the state has remained tight-lipped, advocates have threatened litigation, and Congress has asked for answers. South Dakota has a small population and economy, and it receives almost half of its …


Think Of The Children: Advancing Marriage Equality By Renewing The Focus On Same-Sex Adoption Litigation, Jacob M. Reif Feb 2013

Think Of The Children: Advancing Marriage Equality By Renewing The Focus On Same-Sex Adoption Litigation, Jacob M. Reif

Jacob M Reif

No abstract provided.


West Production, Jacob Grunbaum Jan 2013

West Production, Jacob Grunbaum

Jacob Grunbaum

No abstract provided.


Bringing Up Baby: Adoption, Marriage, And The Best Interests Of The Child, Robin Fretwell Wilson, W. Bradford Wilcox Jan 2013

Bringing Up Baby: Adoption, Marriage, And The Best Interests Of The Child, Robin Fretwell Wilson, W. Bradford Wilcox

Robin Fretwell Wilson

In the piece, Professor Brad Wilcox and I ask who should care for children when their biological parents cannot? This is a question of potentially explosive dimensions under new definitions of legal parentage proposed in this volume of the WILLIAM & MARY BILL OF RIGHTS JOURNAL. This question is also important today for evaluating state adoption laws. A significant number of states bar consideration of a prospective adopter’s marital or non-marital status. We believe these laws miss an important opportunity to maximize the best interests of each child being placed. In this piece, we take an exclusively child-centered approach, drawing …


Meeting The Challenges Of Adoption In An Internet Age, Mary Kate Kearney, Arrielle Millstein Dec 2012

Meeting The Challenges Of Adoption In An Internet Age, Mary Kate Kearney, Arrielle Millstein

Mary Kate Kearney

No abstract provided.