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Full-Text Articles in Law
Beyond Law Enforcement: Camreta V. Greene, Child Protection Investigations, And The Need To Reform The Fourth Amendment Special Needs Doctrine, Josh Gupta-Kagan
Beyond Law Enforcement: Camreta V. Greene, Child Protection Investigations, And The Need To Reform The Fourth Amendment Special Needs Doctrine, Josh Gupta-Kagan
Faculty Publications
The Fourth Amendment “special needs” doctrine distinguishes between searches and seizures that serve the “normal need for law enforcement” and those that serve some other “special need,” excusing non-law enforcement searches and seizures from the warrant and probable cause requirements. The Supreme Court has never justified drawing this bright line exclusively around law enforcement searches and seizures but not those that threaten important non-criminal constitutional rights.
Child protection investigations illustrate the problem: Millions of times each year, state child protection authorities search families’ homes, and seize children for interviews about alleged maltreatment. Only a minority of these investigations involve an …
Ten Questions Every Cohabitant Should Think About Before Moving In, Robin F. Wilson
Ten Questions Every Cohabitant Should Think About Before Moving In, Robin F. Wilson
Scholarly Articles
None available.
Modern Odysseus Or Classic Fraud - Fourteen Years In Prison For Civil Contempt Without A Jury Trial, Judicial Power Without Limitation, And An Examination Of The Failure Of Due Process, Mitchell J. Frank
Faculty Scholarship
No abstract provided.
The Family And The Market -- Redux, Maxine Eichner
The Family And The Market -- Redux, Maxine Eichner
Faculty Publications
No abstract provided.
Changing The Narrative Of Child Welfare, Matthew I. Fraidin
Changing The Narrative Of Child Welfare, Matthew I. Fraidin
Journal Articles
No abstract provided.
The Internationalization Of American Family Law, Barbara Stark
The Internationalization Of American Family Law, Barbara Stark
Hofstra Law Faculty Scholarship
Even fifty years ago, the United States was a superpower and Americans traveled for pleasure and worked abroad. Then, like now, the United States was a magnet for immigrants seeking freedom, or asylum, or opportunity. Then, like now, human relationships crossed geographical and political boundaries, challenging the limits of family law.
But globalization and the vast migrations of capital and labor that have accompanied it in recent decades have transformed family law in once unimaginable ways. Families have been torn apart and new families have been created. Borders have become more porous, allowing adoptees and mail order brides to join …