Family Law Commons^™

In The Courts: Parenting Time And Joint Decisions, Britney Retess

Children's Legal Rights Journal

No abstract provided.

Table Of Contents, Children's Legal Rights Journal

Children's Legal Rights Journal

No abstract provided.

Escaping The Icwa Penalty Box: In Defense Of Equal Protection For Indian Children, Timothy Sandefur

Children's Legal Rights Journal

No abstract provided.

Kentucky's Guardian Ad Litem Litigation: A Model For Seeking Role Clarity, Amy E. Halbrook

Children's Legal Rights Journal

No abstract provided.

Distributing Children As Property: The Best Interest Of The Children Or The Best Interest Of The Parents?, Darya Hakimpour

Children's Legal Rights Journal

No abstract provided.

Spotlight On: National Organization On Fetal Alcohol Syndrome, Joanna Pawlowska

Children's Legal Rights Journal

No abstract provided.

Statistically Speaking: The Numbers Behind Cybercrimes, Nana Otutua-Amoah

Children's Legal Rights Journal

No abstract provided.

Reviews: Poor Kids: A Child's Perspective Of Living In Poverty, Elizabeth Jahn

Children's Legal Rights Journal

No abstract provided.

Table Of Contents, Children's Legal Rights Journal

Children's Legal Rights Journal

No abstract provided.

The War On Syrian Girls: Supporting The Criminalization Of Sex-Related Violence And Trafficking Of Minor Refugees, Megan Rossman

Children's Legal Rights Journal

No abstract provided.

Symposium Article: Transhuman Babies And Human Pariahs: Genetic Engineering, Transhumanism, Society And The Law', Alexandra M. Franco

Children's Legal Rights Journal

No abstract provided.

For The Good Of The Group: Using Class Actions And Impact Litigation To Turn Child Welfare Policy Into Practice In Illinois, Emma Mcmullen

Children's Legal Rights Journal

No abstract provided.

Legislative Update: Indiana's Lifeline Law: Protecting Youth Instead Of Prosecuting Them, Britney Pennycook

Children's Legal Rights Journal

No abstract provided.

Around The World: The Rights Of Children In Our Changing Climate, Lori Probasco

Children's Legal Rights Journal

No abstract provided.

In The Courts: Insulating Illinois Teens From Prosecution For Non-Threatening Non-Obscene Forms Of Cyber Bullying, Samantha Salvi

Children's Legal Rights Journal

No abstract provided.

Interview With: The Lead Safe Housing Rule: A Step In The Right Direction, Matthew Wagar

Children's Legal Rights Journal

No abstract provided.

Legislative Update: Helping Families In Mental Health Crisis Act, Alexis Jablon

Children's Legal Rights Journal

No abstract provided.

Formal Declarations Of Intended Childcare Parentage, Jeffrey A. Parness

Notre Dame Law Review Reflection

This Essay first reviews current state imprecise childcare parentage laws and then considers the importance of parental intentions in such laws. This Essay goes on to suggest new mechanisms for formal declarations of intended childcare parentage. Such declarations would not necessarily determine childcare parentage under law. Still, they would be quite helpful when courts assess earlier actions when determining imprecise childcare parentage issues.

Japan's Failure To Protect Japanese-American Children From International Parental Kidnapping In Violation Of The Hague Convention On Child Abduction, Tarja Cajudo

American University International Law Review

No abstract provided.

"[R]Elegated Through No Fault Of Their Own To A More Difficult" System: Applying The Obergefell Opinion To Custody Principles, Melanie Kalmanson

The Modern American

No abstract provided.

Equitable Tolling Denied: Uniform Standard Breaks Abuser's Control Within Domestic Violence, Laura E. Petkovich

The Modern American

No abstract provided.

Prenatal Abandonment: 'Horton Hatches The Egg' In The Supreme Court And Thirty-Four States, Mary M. Beck

Michigan Journal of Gender & Law

This article addresses an issue critical to forty-one percent of fathers in the United States: prenatal abandonment. Under prenatal abandonment theory, fathers can lose their parental rights to non-marital children if they do not provide prenatal support to the mothers of their children. This is true even if the mothers have not notified the fathers of the pregnancy and if the mothers or fathers are unsure of the fathers’ paternity. While this result may seem counterintuitive, it is necessitated by demographic trends. Prenatal abandonment theory has been structured to protect mothers, fathers, and fetuses in response to a number of …

Prenatal Abandonment: 'Horton Hatches The Egg' In The Supreme Court And Thirty-Four States, Mary M. Beck

Faculty Publications

Under prenatal abandonment theory, fathers can lose their parental rights to nonmarital children if they do not provide prenatal support to the mothers of their children. This is true even if the mothers have not notified the fathers of the pregnancy and if the mothers or fathers are unsure of the fathers' paternity. While this result may seem counterintuitive, it is necessitated by demographic trends. Prenatal abandonment theory has been structured to protect mothers, fathers, and fetuses in response to a number of social factors: the link between pregnancy and increased rates of sexual assault, domestic violence, and domestic homicide; …

Child Support: An Annotated Bibliography, 2010-2016, Nancy Levit

Faculty Works

No abstract provided.

Domestic Violence Law, Abusers’ Intent, And Social Media: How Transaction-Bound Statutes Are The True Threats To Prosecuting Perpetrators Of Gender-Based Violence, Megan L. Bumb

Brooklyn Law Review

The rapid expansion of social media has brought with it a new platform for perpetrators of domestic violence to assert power and control over their victims. The statutes presently used to prosecute abusers fail to protect victims from social media threats and to punish abusers for making those threats. Using the Supreme Court’s 2015 decision in Elonis v. United States, this note proposes a straightforward solution to a multifaceted problem—how to better protect victims of domestic violence from social media threats while maintaining abusers’ First Amendment rights. The answer is not mere clarification of the true threat doctrine; it is …

The Strange Life Of Stanley V. Illinois: A Case Study In Parent Representation And Law Reform, Josh Gupta-Kagan

Faculty Publications

This Article helps describe the growth of parent representation through an analysis of Stanley v. Illinois—the foundational Supreme Court case that established parental fitness as the constitutional lynchpin of any child protection case. The Article begins with Stanley’s trial court litigation, which illustrates the importance of vigorous parental representation and an effort by the court to prevent Stanley from obtaining an attorney. It proceeds to analyze how family courts applied it (or not) in the years following the Supreme Court’s decision and what factors have led to a recent resurgence of Stanley’s fitness focus.

Despite Stanley’s requirement that states prove …

Collision Course: State Community Property Laws And Termination Rights Under The Federal Copyright Act--Who Should Have The Right Of Way?, Loren E. Mulraine

Marquette Law Review

The purpose of this paper is to provide an overview of recapture rights under copyright law, as well as a primer on the difference between common law and community property law as it relates to property rights in a divorce proceeding. The paper will utilize as a case study the dispute between William "Smokey" Robinson and his former spouse, Claudette Robinson, and provide a statutory solution for future disputes where federal copyright law and state community property laws collide at the intersection of copyright terminations. Specifically, should these newly recaptured rights be treated as a new estate and thus not …

Mothers In The Margins: Addressing The Consequences Of Criminal Records For Young Mothers Of Color, Jesse Krohn, Jaime Gullen

University of Baltimore Law Review

As young women pull ahead of young men in higher education, the wage gap narrows, and young men continue to be arrested and incarcerated at higher rates than young women, there has been much discussion at the policy level and in the media regarding the need to concentrate resources on men and boys. President Barack Obama’s “My Brother’s Keeper" and “Responsible Fatherhood” initiatives typify this shift.

As legal aid lawyers who represent youth, many of whom have been involved in the juvenile and criminal legal systems, we are pulled into the debate and asked to answer with increasing frequency: “What …

Another Look At The Need For Family Law Education Reform: One Law School's Innovations, Barbara A. Babb

All Faculty Scholarship

The pressing need to change family law education stems from increased numbers and types of family law matters before the courts, changing legal standards, and the evolution of family law practice. The Family Law Education Reform Project, the Families Matter Report, and the IAALS Family Bar Summit recommend that traditional family law education be supplemented to reflect the importance of a holistic blend of theory and practice. This involves expanding student clinical or experiential programs, incorporating interdisciplinary studies specific to the context of family law, and enhancing continuing legal education opportunities. As one law school example, the University of Baltimore …

Florida Adoption Intervention Statute: Balancing The Constitutional Rights Of The Parents With The Best Interest Of The Dependent Child, Taylor Smith

Child and Family Law Journal

No abstract provided.