Law Commons^™

Parental Alienation In Family Court: Attacking Expert Testimony, John E.B. Myers, Jean Mercer

Child and Family Law Journal

In child custody litigation, when a parent raises the possibility of child abuse, the accused parent may respond that the parent wo has raised the possibility of abuse is alienating the child in an effort to gain an unfair advantage in court. The parent accused of abuse may offer expert testimony on parental alienation. A voluminous and contentious social science literature exists on parental alienation. Family law attorneys often lack ready access to social science literature. The purpose of this article is to give family law attorneys information from the parental alienation literature that can be used to cross-examine experts …

Hb 146: Paid Parental Leave, Evan Alberhasky, Asher Lipsett

Georgia State University Law Review

The Act establishes a paid parental leave program for certain public employees of Georgia. Eligible employees include those who work for the executive, legislative, or judicial branches of the state government as well as those employed by local boards of education. The Act provides that such employees, both mothers and fathers, are eligible to receive 120 hours of paid leave per twelve-month period after birthing, adopting, or fostering a child.

Working While Mothering During The Pandemic And Beyond, Nicole Buonocore Porter

Washington and Lee Law Review Online

Although combining work and family has never been easy for women, working while mothering during the pandemic was close to impossible. When COVID-19 caused most workplaces to shut down, many women were laid off. But many women were forced to work from home alongside their children, who could not attend daycare or school. Mothers tried valiantly to combine a full day’s work on top of caring for young children and helping school-aged children with remote school. But many found this balance difficult, leading to women’s lowest workforce participation rate in over forty years. And even women who did not quit …

Unfit To Parent: American And Jewish Legal Perspectives, Michoel Zylberman, Karen K. Greenberg, Daniel Pollack

Touro Law Review

No abstract provided.

When Food Is A Weapon: Parental Liability For Food Allergy Bullying, D'Andra Millsap Shu

Marquette Law Review

Food allergies in children are rising at an alarming pace. Increasingly, these children face an added threat: bullies targeting them because of their allergies. This bullying can take a life-threatening turn when the bully exposes the victim to the allergen. This Article is the first major legal analysis of food allergy bullying. It explores the legal system’s failure to adequately address the problem of food allergy bullying and makes the case for focusing on the potential tort liability of the bully’s parents. Parents who become aware of their child’s bullying behavior and fail to take adequate steps to stop it …

Family Leave: Comparing The United States' Family And Medical Leave Act With Sweden's Parental Leave Policy, Mallory Campbell

Notre Dame Journal of International & Comparative Law

This Article focuses on parental leave in the United States, which mostly relies on the Family and Medical Leave Act (FMLA), and compares it to parental leave policies in other countries, particularly Sweden. While the FMLA has many drawbacks, Sweden and other countries have robust and progressive leave plans that the United States should look to in amending the FMLA or adopting a new parental leave policy.

Babies Aren't U.S., Zachary J. Devlin

University of Massachusetts Law Review

Parental leave has been an on-going issue in the political process, most recently during this presidential election. This is because upon the birth or adoption of a child, many in the United States cannot afford to take time off from work to care for and integrate children into their families. This is especially true for the contemporary family. The Family and Medical Leave Act of 1993 (FMLA) was Congress’s attempt to strike equilibrium between employment and family and medical needs. The FMLA put legal emphasis on the family unit in an effort to neutralize gender discrimination while promoting gender equality …

Redefining The Standard: Who Can Be A Person Legally Responsible For The Care Of A Child Under The Family Court Act?, Alexsis Gordon

Touro Law Review

No abstract provided.

Parental Alienation Syndrome: Fact Or Fiction? The Problem With Its Use In Child Custody Cases, Holly Smith

University of Massachusetts Law Review

Parental alienation syndrome is an alleged disorder that was first coined by Dr. Richard Gardner in 1985. Dr. Gardner defined this alleged syndrome as one that arises primarily in the context of child-custody disputes and involves a child’s unjustified denigration against a parent. Although more than thirty years have passed since parental alienation syndrome was first introduced by Dr. Gardner, it is yet to be recognized or accepted in the medical community. Moreover, there are also legitimate questions concerning the alleged syndrome’s admissibility and reliability as evidence in family law proceedings, and the negative effects parental alienation syndrome poses on …

Binding The Enforcers: The Administrative Law Struggle Behind President Obama's Immigration Actions, Michael Kagan

University of Richmond Law Review

No abstract provided.

Terminating Parental Rights Through A Backdoor In The Virginia Code: Adoptions Under Section 63.2-1202(H), Dale Margolin Cecka

University of Richmond Law Review

No abstract provided.

Relevance And Fairness: Protecting The Rights Of Domestic-Violence Victims And Left-Behind Fathers Under The Hague Convention On International Child Abduction, Noah L. Browne

Duke Law Journal

Thirty years ago, the international community took a hard line against international parental kidnapping. The Hague Convention on the Civil Aspects of International Child Abduction allows parental child abduction only in rare circumstances, such as when returning the child would create a "grave risk" of harm. Recently, mothers who have abducted their children when fleeing domestic violence have successfully pled this grave-risk exception, demonstrating the Convention's relevance to the realities of domestic violence. This Note welcomes that development, but argues that the rights of left-behind parents, who increasingly are fathers, must also be taken into account. Left-behind fathers, whether guilty …

Consigning Women To The Immediate Orbit Of A Man: How Missouri’S Relocation Law Substitutes Judicial Paternalism For Parental Judgment By Forcing Parents To Live Near One Another, Julie Hixson-Lambson

Saint Louis University Law Journal

No abstract provided.

The Death Penalty Of Civil Cases: The Need For Individualized Assessment & Judicial Education When Terminating Parental Rights Of Mentally Ill Individuals, Stephanie N. Gwillim

Saint Louis University Public Law Review

No abstract provided.

Same Debate, Different Result: Parental Opt-Outs Of A Mandated Hpv Vaccine, Felicia B. Eshragh

Saint Louis University Journal of Health Law & Policy

No abstract provided.

Harmonizing The Law In Waiver Of Fundamental Rights: Jury Waiver Provisions In Contracts, Wayne Klomp

Nevada Law Journal

No abstract provided.

Recovery For Lost Parental Consortium: Nightmare Or Breakthrough?, Rodney Guy Romano

Nova Law Review

Loss of parental consortium is a cause of action which allows a

child to recover damages against third parties who tortiously injure a

child's parent.'

Shared Parental Responsibility: Florida Statutes Section 61.13, Renee Goldenberg

Nova Law Review

Utilizing a unique term "shared responsibility," the Florida legislature, by enacting Florida Statutes section 61.13(2)(b)(3), has joined the expanding number of states authorizing the elevation of joint custody to a preferred status.

Parental Responsibility In Maryland For Torts Of Minor Children, Robert Lankin

University of Baltimore Law Forum

No abstract provided.