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Articles 151 - 175 of 175
Full-Text Articles in Family Law
The Ethics Of Judicial Decision-Making Regarding Custody Of Minor Children: Looking At The Best Interests Of The Child" And The "Primary Caretaker" Standards As Utility Rules, Kathryn Mercer
Faculty Publications
This article will examine how a judge's ethical framework can influence the outcome of a custody award, even where the same "child-centered" standard is ostensibly being used. This article uses three cases from the Supreme Court of Nebraska to demonstrate that the "best interests of the child" standard can be used: 1) to award a parent custody because parents have near absolute rights (an example of rule deontology); 2) to deny a parent custody because the par ent is unfit (an example of rule utilitarianism); or 3) to deny a parent custody because the child's life needs stability (an example …
Child Care Policy And The Welfare Reform Act, Peter R. Pitegoff
Child Care Policy And The Welfare Reform Act, Peter R. Pitegoff
Faculty Publications
This article sketches the 1996 Welfare Reform Act's major changes with particular attention to federally subsidized child care for low-income families.
Twisted Interests: People In Interest Of S.A.H. And The State Of Open Adoptions In South Dakota, Thomas Simmons
Twisted Interests: People In Interest Of S.A.H. And The State Of Open Adoptions In South Dakota, Thomas Simmons
Faculty Publications
In People in Interest of S.A.H., the South Dakota Supreme Court held that open adoptions, or post-adoption visitation by the natural parents, while not prohibited under South Dakota law when in the best interests of the child, should only be mandated when the trial court finds that it is in the best interests of the child by clear and convincing evidence. The court also instructed trial courts to weigh the needs of the child, the effect on integration with the new family, and the potential effect on the pool of other prospective adoptive parents. This decision, while securing judicial enforcement …
Setting Standards For Parenting - By What Right?, James G. Dwyer
Setting Standards For Parenting - By What Right?, James G. Dwyer
Faculty Publications
Mental health professionals, like other professionals involved in family
matters, feel constrained when advocating for the interests of children by the belief
that parents are entitled to custody and control of their children's lives, regardless of
what others may think of their parenting behavior, absent severe harm to the children.
This belief is morally untenable, and the legal doctrine of parental rights that is its
concrete embodiment is inconsistent with other well-established legal principles and
should be abandoned. Children alone should have legal rights in connection with their
upbringing, and those rights should include an entitlement to much higher standards …
Family Fundamentals, Richard C. Reuben
Family Fundamentals, Richard C. Reuben
Faculty Publications
On the surface, ML.B. v. S.L.J., No. 95-853, hardly seems worthy of the nation's highest court, in part because our scheme of federalism generally leaves issues such as child custody to state law. But peeling back the layers of this case reveals the potential for a significant ruling on the constitutional treatment of family relationships, fundamental rights and access to courts for civil proceed with a appeals.
God Bless The Child: Poor Children, Parens Patriae, And A State Obligation To Provide Assistance, Kay P. Kindred
God Bless The Child: Poor Children, Parens Patriae, And A State Obligation To Provide Assistance, Kay P. Kindred
Faculty Publications
No abstract provided.
The Children We Abandon: Religious Exemptions To Child Welfare And Education Law As Denials Of Equal Protection To Children Of Religious Objectors, James G. Dwyer
Faculty Publications
The story of children who die because their parents, in observance of their own religious principles, withhold conventional medical treatment from them is a familiar one. In this Article, James G. Dwyer shows that the phenomenon of parents denying secular benefits to their children for religious reasons goes far beyond these few highly publicized cases, extending into the realm of education as well as medical care. Moreover, Dr. Dwyer shows that the federal and state governments endorse this practice by statutorily exempting 'religious objector' parents from otherwise generally applicable compulsory child care and education laws. He argues that courts addressing …
Children's Rights In Intercountry Adoption: Towards A New Goal, S. I. Strong
Children's Rights In Intercountry Adoption: Towards A New Goal, S. I. Strong
Faculty Publications
Each year, hundreds of thousands of children languish in foster or institutional care worldwide, while at the same time, thousands of adults, married and unmarried alike, are denied children because of “shortages.” How did this tragedy occur, and why does it continue to be repeated daily in countries around the world? The unfortunate truth is that many of the legal and societal norms now in place effectively prohibit needy children from finding suitable homes. While potential parents in Western countries cry out for babies of their own, millions of children live in physical and psychological poverty in underfunded orphanages around …
The Domestic Relations Exception To Federal Jurisdiction: Rethinking An Unsettled Federal Courts Doctrine, Michael Ashley Stein
The Domestic Relations Exception To Federal Jurisdiction: Rethinking An Unsettled Federal Courts Doctrine, Michael Ashley Stein
Faculty Publications
No abstract provided.
A Rejoinder, Larry I. Palmer
Parents' Religion And Children's Welfare: Debunking The Doctrine Of Parents' Rights, James G. Dwyer
Parents' Religion And Children's Welfare: Debunking The Doctrine Of Parents' Rights, James G. Dwyer
Faculty Publications
The scope, weight, and assignment of parental rights have been the focus of much debate among legal commentators. These commentators generally have assumed that parents should have some rights in connection with the raising of their children. Rarely have commentators offered justifications for attributing rights to persons as parents, and when they have done so they have failed to subject those justifications to close scrutiny. This Article takes the novel approach of challenging parental rights in their entirety. The author explores the fundamental questions of what it means to say that individuals have rights as parents, and whether it is …
Mommy Has A Blue Wheelchair: Recognizing The Parental Rights Of People With Disabilities, Michael Ashley Stein
Mommy Has A Blue Wheelchair: Recognizing The Parental Rights Of People With Disabilities, Michael Ashley Stein
Faculty Publications
No abstract provided.
Rethinking Wrongful Life: Bridging The Boundary Between Tort And Family Law, Philip G. Peters Jr.
Rethinking Wrongful Life: Bridging The Boundary Between Tort And Family Law, Philip G. Peters Jr.
Faculty Publications
Traditional tort law embraces an unduly narrow notion of corrective justice that fails to resolve wrongful life disputes satisfactorily. The unique circumstances associated with the creation of a new life bring into play another, broader paradigm of responsibility: one that resembles family law more than tort. From this perspective, children whose birth can be attributed to tortious conduct have a strong moral claim for supplemental child support whenever a tortfeasor's interference with the pro- creative rights of the parents foreseeably results in the birth of a child and that child's parents cannot provide adequate support. In such an instance, the …
Child Care Enterprise, Community Development, And Work, Peter R. Pitegoff
Child Care Enterprise, Community Development, And Work, Peter R. Pitegoff
Faculty Publications
Child care enterprise can be a vehicle for community-based economic development. Beyond the critical goal of child care service, day care as an enterprise can help build capacity for job creation and entrepreneurship in the inner city and in disadvantaged communities. Stable child care institutions with quality jobs can sound a counterpoint to the feminization of poverty. The demand for child care services is substantial and growing. In single parent families and in households with two working parents, day care is essential to enable parents to work or go to school. Further, high quality early childhood programs can have a …
Prosecutorial Immunity: The Response To Prenatal Drug Use, Margaret P. Spencer
Prosecutorial Immunity: The Response To Prenatal Drug Use, Margaret P. Spencer
Faculty Publications
No abstract provided.
The Pressure Of Precedent: A Critique Of The Conservative Approaches To Stare Decisis In Abortion Cases, Michael J. Gerhardt
The Pressure Of Precedent: A Critique Of The Conservative Approaches To Stare Decisis In Abortion Cases, Michael J. Gerhardt
Faculty Publications
No abstract provided.
The State's Interest In The Preservation Of Life: From Quinlan To Cruzan, Philip G. Peters Jr.
The State's Interest In The Preservation Of Life: From Quinlan To Cruzan, Philip G. Peters Jr.
Faculty Publications
This article considers the kinds of limits on withholding that each of these policies might plausibly support, compares these limits to the judicial approaches taken in the refusal of treatment cases, and explores how apparent conflicts between these state goals and the interests of the patients might be resolved. Because this article focuses exclusively on the state's interests, however, it necessarily isolates and considers only one portion of a complex problem involving the interests of patients, families, providers, and others. No comprehensive examination of the nature and weight of the patient's interests or those of other involved parties is attempted. …
A Constitutional Right To Home Instruction?, Neal Devins
A Constitutional Right To Home Instruction?, Neal Devins
Faculty Publications
No abstract provided.
For Richer Or Poorer, 'Til Decree Do Us Part - A Spouse's Entitlement To Division Of Pension Funds And Professional Degrees As Marital Property, Linda A. Malone
For Richer Or Poorer, 'Til Decree Do Us Part - A Spouse's Entitlement To Division Of Pension Funds And Professional Degrees As Marital Property, Linda A. Malone
Faculty Publications
No abstract provided.
How Are You Going To Keep Them Down On The (Collective) Farm After They've Seen Chicago - A Minor's Right To Political Asylum Against His Parents' Wishes, Michael G. Hillinger
How Are You Going To Keep Them Down On The (Collective) Farm After They've Seen Chicago - A Minor's Right To Political Asylum Against His Parents' Wishes, Michael G. Hillinger
Faculty Publications
No abstract provided.
No Judicial Dyslexia: The Custodial Parent Presumption Distinguishes The Paternal From The Parental Right To Name A Child, Kathryn R. Urbonya
No Judicial Dyslexia: The Custodial Parent Presumption Distinguishes The Paternal From The Parental Right To Name A Child, Kathryn R. Urbonya
Faculty Publications
No abstract provided.
Adoption: A Plea For Realistic Constitutional Decisionmaking, Larry I. Palmer
Adoption: A Plea For Realistic Constitutional Decisionmaking, Larry I. Palmer
Faculty Publications
No abstract provided.
The Treaty Power And Family Law, Jerome J. Curtis Jr.
The Treaty Power And Family Law, Jerome J. Curtis Jr.
Faculty Publications
No abstract provided.
Divorce Recognition - A Two-Headed Monster: Full Faith And Credit Due Process, Richard A. Williamson
Divorce Recognition - A Two-Headed Monster: Full Faith And Credit Due Process, Richard A. Williamson
Faculty Publications
No abstract provided.
"The Issue Of Marriages Deemed Null In Law . . . Shall Nevertheless Be Legitimate", Dudley Warner Woodbridge
"The Issue Of Marriages Deemed Null In Law . . . Shall Nevertheless Be Legitimate", Dudley Warner Woodbridge
Faculty Publications
No abstract provided.