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Articles 361 - 390 of 1211
Full-Text Articles in Family Law
Children Of The Government: Affording A Higher Education A Review Of The State Of Pennsylvania’S Recently Implemented Law That Grants Children Who “Age Out” Of The Foster Care Tuition And Fee Waivers At Every University In The State, Erin K. Cooper
Helms School of Government Undergraduate Law Review
No abstract provided.
Modernizing Capacity Doctrine, Lisa V. Martin
Modernizing Capacity Doctrine, Lisa V. Martin
Faculty Publications
Federal capacity doctrine—or the rules establishing whether and how children’s civil litigation proceeds—has largely remained the same for more than a century. It continues to presume that all children are incapable of directing their own cases, and that adults must litigate on children’s behalf. But since that time, our understanding of children, and of adolescents in particular, has significantly evolved. This Article contends that it is well beyond time to modernize the capacity doctrine to better account for the capabilities of adolescents and support their transition to adulthood.
Deinstitutionalization, Family Reunification, And The "Best Interests Of The Child": An Examination Of Armenia's Child Protection Obligations Under Conventional International Law, George S. Yacoubian Jr., Esq.
Deinstitutionalization, Family Reunification, And The "Best Interests Of The Child": An Examination Of Armenia's Child Protection Obligations Under Conventional International Law, George S. Yacoubian Jr., Esq.
Pace International Law Review
For nearly a century, the global community has sought to afford children legal protections, abandoning widely held views that children were pecuniary assets. In the United States and globally, a nascent children’s rights movement culminated in broad child welfare reform. Whether adoption, armed conflict, child labor, education, human trafficking, or deinstitutionalization, the post-war 20th century witnessed an evolution of international child protections. The prevailing standard of “best interests of the child” (BIC) has been incorporated into domestic and international law doctrine and, not surprisingly, has been operationalized in a variety of ways. In recent years, the standard has been explored …
Children Have Rights, Too: How The Thirteenth Amendment Can Protect America's Abused Youth, Francesca Lauta
Children Have Rights, Too: How The Thirteenth Amendment Can Protect America's Abused Youth, Francesca Lauta
Undergraduate Honors Theses
Three million children are abused every year in the United States. Although there are some safeguards, such as foster care and state child abuse laws, the number of abused children has not dwindled. How should the federal government respond? This article argues that the Thirteenth Amendment can be interpreted to protect abused children. It is widely accepted that the Thirteenth Amendment’s sole purpose is to abolish Black slavery, therefore rendering it useless in the modern legal climate. Nothing in the wording or context of the Amendment, however, suggests that it is limited to Black slavery. Interpreting the Amendment to encompass …
How To End The Cycle Of Domestic Violence: Policies Focused On Children, Ashley Phillips
How To End The Cycle Of Domestic Violence: Policies Focused On Children, Ashley Phillips
Student Scholarship
There is an alarming amount of people who witness childhood domestic violence, and when children are exposed to domestic violence, they are subjected to a cycle of violence and trauma that exists in families for generations. However, society does not focus on trauma-exposed children to help break the cycle of domestic violence, even though child witnesses and victims become future abusers and prison inmates. This paper explains the cycle of domestic violence and its traumatic effects, examines the problems and limits of the law in respect to family intervention, and concludes with policy solutions focused on assisting children exposed to …
How To End The Cycle Of Domestic Violence: Policies Focused On Children, Ashley Phillips
How To End The Cycle Of Domestic Violence: Policies Focused On Children, Ashley Phillips
Child and Family Law Journal
There is an alarming amount of people who witness childhood domestic violence, and when children are exposed to domestic violence, they are subjected to a cycle of violence and trauma that exists in families for generations.1 However, society does not focus on trauma-exposed children to help break the cycle of domestic violence, even though child witnesses and victims become future abusers and prison inmates. This paper explains the cycle of domestic violence and its traumatic effects, examines the problems and limits of the law in respect to family intervention, and concludes with policy solutions focused on assisting children exposed to …
Parental Leave In The United States: Why The United States Should Follow France In Implementing Mandatory Paid Paternal Leave, Emily Bergmann
Parental Leave In The United States: Why The United States Should Follow France In Implementing Mandatory Paid Paternal Leave, Emily Bergmann
Child and Family Law Journal
This article addresses an issue relevant to all working parents: paid parental leave. The United States is the only industrialized nation in the world to not guarantee paid leave for parents. Substantial research and studies have documented numerous benefits correlated to paid parental leave including increased workforce participation, health benefits for both children and parents, reduced gender stereotypes, and more. Unfortunately, many fathers are stigmatized when they choose to take family leave; therefore, making leave mandatory is necessary to reduce this stigma. Current paternity leave policies in the United States will be analyzed under the FMLA, individual states, and private …
The Current State Of Students’ Fourth Amendment Rights: How Implicit Bias Goes Unchecked In A Subjective Framework, Christian Williams
The Current State Of Students’ Fourth Amendment Rights: How Implicit Bias Goes Unchecked In A Subjective Framework, Christian Williams
Child and Family Law Journal
No abstract provided.
The True Detriment Of Sibling Separation Lies In The Law, Vincent Sorrentino
The True Detriment Of Sibling Separation Lies In The Law, Vincent Sorrentino
Child and Family Law Journal
No abstract provided.
Gestational Surrogacy Contract Terms Under The 2017 Uniform Parentage Act, Jhonell Campbell
Gestational Surrogacy Contract Terms Under The 2017 Uniform Parentage Act, Jhonell Campbell
Child and Family Law Journal
No abstract provided.
Chimerism And Mosaicism: The Fallibility Of Dna Evidence, Robert Ellis-Liang
Chimerism And Mosaicism: The Fallibility Of Dna Evidence, Robert Ellis-Liang
Child and Family Law Journal
No abstract provided.
Comment: Doe V. Woodard And Its Impact On The Circuit Split Surrounding Social Workers’ Inspections Of Suspected Victims Of Child Abuse, Mary Kate Workman
Comment: Doe V. Woodard And Its Impact On The Circuit Split Surrounding Social Workers’ Inspections Of Suspected Victims Of Child Abuse, Mary Kate Workman
Child and Family Law Journal
No abstract provided.
Child Entertainers And Their Limited Protections: A Call For An Interstate Compact, Tabetha Bennett
Child Entertainers And Their Limited Protections: A Call For An Interstate Compact, Tabetha Bennett
Child and Family Law Journal
No abstract provided.
Children Are Human, Kim Pearson
Children Are Human, Kim Pearson
Texas A&M Law Review
There are great benefits to be had should the United States, one of the global leaders in economic strength and political power, ratify the United Nations Convention on the Rights of the Child (“CRC”). The mystery of the United States’s ultimate reluctance to ratify the CRC, despite the nation’s central role in the drafting process, has been interrogated for years. Scholars and policy- makers have developed compelling narratives regarding obstacles to the United States’s ratification and implementation of the CRC. However well- reasoned the arguments for ratification are, there has been little progress in persuading the United States to ratify …
Equity Over Equality: Equal Protection And The Indian Child Welfare Act, Lucy Dempsey
Equity Over Equality: Equal Protection And The Indian Child Welfare Act, Lucy Dempsey
Washington and Lee Law Review Online
In 2018, a Texas District Court shocked the nation by declaring the Indian Child Welfare Act (ICWA) unconstitutional pursuant to the Equal Protection Clause of the U.S. Constitution. The decision was overturned by the Fifth Circuit but may well be appealed to the U.S. Supreme Court. The ICWA provides a framework for the removal and placement of Indian children into foster and adoptive homes in such a way that attempts to reflect the unique values of Indian culture and supports the autonomy of the tribe. In doing so, the law treats Indian children differently than it would White children. But …
Table Of Contents, Children's Legal Rights Journal
Table Of Contents, Children's Legal Rights Journal
Children's Legal Rights Journal
No abstract provided.
The Strengthening Protections For Social Security Beneficiaries Act Fails To Improve Foster Youth's Awareness Of Their Federal Benefits, Abigail Mitchell
The Strengthening Protections For Social Security Beneficiaries Act Fails To Improve Foster Youth's Awareness Of Their Federal Benefits, Abigail Mitchell
Children's Legal Rights Journal
No abstract provided.
Pediatric Off-Label Use Of Covid-19 Vaccines: Ethical And Legal Considerations, Elizabeth Lanphier, Shannon Fyfe
Pediatric Off-Label Use Of Covid-19 Vaccines: Ethical And Legal Considerations, Elizabeth Lanphier, Shannon Fyfe
Scholarly Articles
After briefly contextualizing ethical and legal precedents regarding off-label use, we offer an analysis of the ethical permissibility of and considerations for pediatric off-label Covid-19 vaccination based on individual benefits, risks, and available alternatives. Our analysis challenges the ethics of the blanket prohibition against off-label pediatric Covid-19 vaccination in the VPA, as it blocks clinicians from providing the care they may determine to be clinically and ethically appropriate for their patient. At the same time, our analysis acknowledges that Covid-19 creates population-level ethical considerations that are at times in tension with individual health interests.
Marking Juveniles As Unfit To Parent: Terminating The Rights Of Parents Registered As Predatory Offenders In Minnesota, Kiley Eichelberger
Marking Juveniles As Unfit To Parent: Terminating The Rights Of Parents Registered As Predatory Offenders In Minnesota, Kiley Eichelberger
Mitchell Hamline Law Journal of Public Policy and Practice
No abstract provided.
Does Teaching Yoga To Children In Public Schools Violate The Establishment Clause Of The First Amendment?, Sejal Singh
Does Teaching Yoga To Children In Public Schools Violate The Establishment Clause Of The First Amendment?, Sejal Singh
Children's Legal Rights Journal
No abstract provided.
Protecting Our Youth: Compiling And Sharing Model Children's Laws Will Impact Thousands Of Lives, Brenda "B." Alvarez
Protecting Our Youth: Compiling And Sharing Model Children's Laws Will Impact Thousands Of Lives, Brenda "B." Alvarez
Children's Legal Rights Journal
No abstract provided.
Youth In Foster Care Articulate What They Need From Legal Counsel; Will Attorneys Respond?, Kerease Epps, Allison Green
Youth In Foster Care Articulate What They Need From Legal Counsel; Will Attorneys Respond?, Kerease Epps, Allison Green
Children's Legal Rights Journal
No abstract provided.
Jamaica Joins The Hague Child Abduction Treaty, Morgan Handwerker
Jamaica Joins The Hague Child Abduction Treaty, Morgan Handwerker
Children's Legal Rights Journal
No abstract provided.
The Long-Term Effects Of Domestic Violence On Children, Olivia Harrison
The Long-Term Effects Of Domestic Violence On Children, Olivia Harrison
Children's Legal Rights Journal
No abstract provided.
Netflix's The Trials Of Gabriel Fernandez, Charlotte Hinkamp
Netflix's The Trials Of Gabriel Fernandez, Charlotte Hinkamp
Children's Legal Rights Journal
No abstract provided.
The Congressional Coalition On Adoption Institute, Alexandra Kuenzli
The Congressional Coalition On Adoption Institute, Alexandra Kuenzli
Children's Legal Rights Journal
No abstract provided.
Recent Changes To Indigenous Child Welfare In Canada, Carly Minsky
Recent Changes To Indigenous Child Welfare In Canada, Carly Minsky
Children's Legal Rights Journal
No abstract provided.
The Trump Administration's War On The Flores Settlement Agreement Renewed Amid Covid-19 Pandemic, Richard Vadasy
The Trump Administration's War On The Flores Settlement Agreement Renewed Amid Covid-19 Pandemic, Richard Vadasy
Children's Legal Rights Journal
No abstract provided.
Table Of Contents, Children's Legal Rights Journal
Table Of Contents, Children's Legal Rights Journal
Children's Legal Rights Journal
No abstract provided.
Die Ähnlichkeiten: Learning From Similarities And Key Differences Between U.S. And German Education Policy In The Time Of Covid-19, Hannah Cholewinski
Die Ähnlichkeiten: Learning From Similarities And Key Differences Between U.S. And German Education Policy In The Time Of Covid-19, Hannah Cholewinski
Children's Legal Rights Journal
No abstract provided.