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Articles 1 - 5 of 5
Full-Text Articles in Law
Bridging The Gap Between Intent And Status: A New Framework For Modern Parentage, Yehezkel Margalit
Bridging The Gap Between Intent And Status: A New Framework For Modern Parentage, Yehezkel Margalit
Hezi Margalit
The last few decades have witnessed dramatic changes in the conceptualization and methodologies of determining legal parentage in the U.S. and other countries in the western world. Through various sociological shifts, growing social openness and bio-medical innovations, the traditional definitions of family and parenthood have been dramatically transformed. This transformation has led to an acute and urgent need for legal and social frameworks to regulate the process of determining legal parentage. Moreover, instead of progressing in a piecemeal, ad-hoc manner, the framework for determining legal parentage should be comprehensive. Only a comprehensive solution will address the differing needs of today’s …
Alone And Unrepresented: A Call To Congress To Provide Counsel For Unaccompanied Minors, Shani M. King
Alone And Unrepresented: A Call To Congress To Provide Counsel For Unaccompanied Minors, Shani M. King
Shani M. King
The legal rights of children who enter a country without their parents or other guardians, including the right to legal representation in immigration proceedings, differ vastly across the globe. This Article is the first to show that unaccompanied minors lie at the nexus of international and regional human rights standards governing the treatment of immigrants, children, and civil counsel and to show how the development of human rights standards in these three areas underscores the importance of and the need for counsel for unaccompanied minors. Part I illustrates why unaccompanied minors in the United States need legal representation by focusing …
Children, Parents & The State: The Construction Of A New Family Ideology, Deseriee A. Kennedy
Children, Parents & The State: The Construction Of A New Family Ideology, Deseriee A. Kennedy
Deseriee A. Kennedy
More than twenty-five states allow courts to consider parental incarceration or conviction of a crime in determining whether to terminate parental rights. This problem is of increasing significance as a result of dramatic growth in incarceration rates, particularly among women who were often the primary and sole caretaker of their children before their imprisonment. Social scientists have recognized that the reality for parents in many communities is one of widespread and repeated incarceration, which has a devastating effect on families and communities. The problem is magnified by a failed drug policy and the Adoption and Safe Families Act, which, in …
Should Child Custody Awards Be Based On Past Caretaking? The Effect Of The Approximation Standard Ten Years After Its Adoption., Molly L. Sanders
Should Child Custody Awards Be Based On Past Caretaking? The Effect Of The Approximation Standard Ten Years After Its Adoption., Molly L. Sanders
Molly L Sanders
Proper legal standards are needed to help judges make difficult decisions regarding child custody. Standards create the framework in which individual’s bargain, so a proper legal standard can reduce litigation and hostility between parties. The current custody law in the majority of states is the generalized best interest of the child standard. Under this standard custody is determined using a non-exclusive list of factors to predict which parent will better enhance the child’s future well-being. The best interest standard has been criticized because it is a discretionary standard, which provides little guidance to judges who must then rely on their …
It Takes Three, Baby: The Lack Of Standard, Legal Definitions Of “Best Interest Of The Child” And The Right To Contract For Lesbian Potential Parents, Harvey L. Fiser, Paula K. Garrett
It Takes Three, Baby: The Lack Of Standard, Legal Definitions Of “Best Interest Of The Child” And The Right To Contract For Lesbian Potential Parents, Harvey L. Fiser, Paula K. Garrett
Harvey L. Fiser
In order to consider the plausibility of contracts regarding AI, this article will first review various options and legal ramifications for choices regarding AI and then focus on the effect of inconsistent application of the Uniform Parentage Act among states that have chosen to adopt any legislation. This legal conundrum creates major obstacles for lesbian couples in procreation and in legal protection for children and often denies lesbian Americans the right to equal enforcement of contracts. This article will then consider how the current standard of “best interest of the child” is being used in the absence of the UPA …