Family Law Commons^™

Child Protection Bench Cards For Idaho Judges, Elizabeth Brandt

Books

Summaries of child protection laws to assist Idaho judges. Covers numerous topics: aggravated circumstances determination, adjudicatory hearing, adoption - CPA related, advisement of rights, amended disposition hearing, case plan hearing, ICWA, ICPC, permanency hearing - no aggravated circumstances, permanency hearing - aggravated circumstances, psychotropic medications for children in care, review hearings, Rule 16 expansion for CP judges, Rule 16 expansion for juvenile judges, shelter care hearing, termination of parental rights, transition to successful adulthood, trauma informed judge.

Loving Retroactivity, Charles W. "Rocky" Rhodes

Florida State University Law Review

Pending actions across the nation highlight the ongoing struggle between adjudicative retroactivity and marital equality. The Supreme Court's constitutional decisions overruling prior precedents or applying new legal rules to the parties retroactively govern all pending and future adjudicative proceedings on direct review, even if the underlying operative events occurred under a prior legal framework. But this understanding of the temporal boundaries of legal change is being challenged after the Supreme Court's holding in Obergefell v. Hodges that laws excluding same-sex couples from civil marriage on the same terms and conditions as opposite-sex couples are invalid. The retroactive application of Obergefell …

Assessing Assisted Reproductive Technology, Raymond C. O'Brien

Catholic University Journal of Law and Technology

Technological innovation possesses both opportunity and challenge. Because assisted reproductive technology (ART) involves sexual intimacy, parenthood, personhood, gender identity, privacy, legacy, and a plethora of religious, historical, sociological, and ethical underpinnings, the challenges presented in such technological innovation are substantial. Nonetheless, the opportunities are significant and progressive. Because of in vitro fertilization, gestational and genetic surrogacy, posthumous conception, and mitochondrial replacement therapy, humans now have the opportunity to overcome infertility, gender obstacles to parentage, dynastic limitations, and diseases that have long plagued mothers and infants. However, challenges include the exploitation of surrogates, unequal access to ART services, possibilities of cloning …

The Strange Pairing: Building Alliances Between Queer Activists And Conservative Groups To Recognize New Families, Nausica Palazzo

Michigan Journal of Gender & Law

This Article explores some of the legal initiatives and reforms that opponents of same-sex marriage in Canada and the United States have pushed forward. Despite being animated by a desire to dilute the protections for same-sex couples, these reforms resulted in “queering” family law, in the sense that they functionalized the notion of family. Consequently, two cohabiting relatives or friends would be eligible for legal recognition, along with all the public and private benefits of such recognition. I term these kinds of “unions” and other nonnormative relationships to be “new families.”

The central claim of this Article is thus that …

Ideas That Provide A Solution When The Courts Have Disabled The System, Kelsey A. Manweiler

Children's Legal Rights Journal

No abstract provided.

After Sex, Courtney Megan Cahill

Scholarly Publications

No abstract provided.

Table Of Contents, Children's Legal Rights Journal

Children's Legal Rights Journal

No abstract provided.

Children's Participation In Holding International Peacekeepers Accountable For Sex Crimes, Sonja Grover

Children's Legal Rights Journal

Over the years, there have been hundreds of unresolved allegations and specifically-identified, credible cases of United Nations- ("UN") mandated or otherwise UN-authorized international peacekeepers perpetrating sex-related human rights violations and crimes against children in the country of deployment. In some situations, such as in the Central African Republic, children have been the frequent victims of these alleged sex crimes by international peacekeepers. Arguably, these crimes can rise to the level of Rome Statute-defined international crimes in some instances. 2 This paper discusses the potential for child participation in international judicial and quasi-judicial mechanisms directed towards: (i) criminal and/or civil accountability …

Spotlight On: National Immigrant Justice Center, Katie Curtis

Children's Legal Rights Journal

No abstract provided.

In The Courts: Juvenile Automatic Transfer Rule Deemed Retroactive, Lianne Foley

Children's Legal Rights Journal

No abstract provided.

Statistically Speaking: The Overrepresentation Of Foster Youth In Sex Trafficking, Emily Selig

Children's Legal Rights Journal

No abstract provided.

Around The World: Protecting Our Girls: Eliminating The Practice Of Female Genital Mutilation In Somalia, Adrienne Turner-Mcgowan

Children's Legal Rights Journal

No abstract provided.

Spotlight On: The Teske Model: An Alternative Approach To Zero-Tolerance Policies, Nicholas Zausch

Children's Legal Rights Journal

No abstract provided.

Cambodia's Juvenile Justice System: Overcoming Challenges To Protect The Rights Of Cambodian Youth, Jenessy Rodriguez

Children's Legal Rights Journal

No abstract provided.

Beyond Actual Bias: A Fuller Approach To An Impartiality In School Exclusion Cases, John M. Malutinok

Children's Legal Rights Journal

No abstract provided.

Saudi Arabia's Illegal Executions Of Juvenile Violent Extremist Offenders, Carrie Seleman

Children's Legal Rights Journal

No abstract provided.

Spotlight On: By The Hand Club For Kids, Kristina Lasker

Children's Legal Rights Journal

No abstract provided.

Opposing Viewpoints: School Discipline: Is Developmental Appropriateness Required?, Kate Malcolm

Children's Legal Rights Journal

No abstract provided.

Around The World: Children's Suffrage: Giving 16 Year Olds The Right To Vote, Carrie Seleman

Children's Legal Rights Journal

No abstract provided.

Legislative Update: Tackling Cte: A Wave Of State Legislation Is Coming To Ban Youth Tackle Football, Bruce Winters

Children's Legal Rights Journal

No abstract provided.

Education Connection: Learn With Dignity Act, Jennifer Zmyslo

Children's Legal Rights Journal

No abstract provided.

Legislative Update: Helping Overcome Trauma For Children Alone In Rear Seats Act, Gabrielle Long

Children's Legal Rights Journal

No abstract provided.

Table Of Contents, Children's Legal Rights Journal

Children's Legal Rights Journal

No abstract provided.

Review: My Sister's Keeper: Compelled Donations And A Minor's Right To Their Own Body, Ayah Elfarra

Children's Legal Rights Journal

No abstract provided.

State Action That Penalizes Children As Evidence Of A Desire To Harm Politically Unpopular Parents, Catherine E. Smith

Scholarly Articles

This Article is the first to advance the position that when the government takes the extreme step of denying children basic rights and benefits because of their parents, such state action should be recognized not just as evidence of animus against the children, but also as evidence of "a bare desire to harm" their "politically unpopular" parents. Identifying this type of government motivation and calling it what it is--animus toward parents--is just as important as condemning animus against the children themselves. Anti-parent animus that motivates harmful government behavior towards children should be prohibited as an impermissible means to accomplish an …

Intimate Partner Violence & Men’S Professional Sports: Advancing The Ball, Chelsea Augelli, Tamara L. Kuennen

Sturm College of Law: Faculty Scholarship

This article examines how men'sprofessional sports leagues treat domestic violence committed by players. Over the past twenty years, but particularly over the last five, the public has criticized, and the media has shone a spotlight on, the big leagues' ignoring of the issue. Many call for parity between how the criminal justice system treats the issue of domestic violence and how the leagues should treat it, arguing for a zero-tolerance approach. This article applies lessons learned by feminist law and policy makers and legal scholars in the development of the larger justice system response to domestic violence to the nascent …

Michigan's Religious Exemption For Faith-Based Adoption Agencies: State-Sanctioned Discrimination Or Guardian Of Religious Liberty?, Allison L. Mcqueen

Notre Dame Law Review

Historically, most of the legal obstacles faced by gay couples hoping to expand their families through adoption stemmed from prohibitions on marriage. That was until Obergefell. Barriers to same-sex adoption have been steadily falling over the past decade, and, in the wake of the Supreme Court’s decision, married couples are now able to adopt in every state. However, there remains one pressing barrier to adoption for same-sex couples: “conscience clause” adoption laws enacted to allow faith-based adoption agencies to turn away prospective parents whose sexuality conflicts with their “sincerely held religious beliefs.” Though Ms. DeBoer and Ms. Rowse successfully broke …

Custody, Visitation, And Parental Rights Under Scrutiny, Mark Strasser

Cornell Journal of Law and Public Policy

The Supreme Court recognized long ago that the United States Constitution protects parental rights, even though those rights are not expressly mentioned anywhere in that document. However, in many of the relevant cases, the Court recognizes the importance of parental rights on the one hand and undercuts the breadth or robustness of those very rights on the other. The Court’s parental rights jurisprudence has consistently sent mixed messages, which has exacerbated the degree to which states differ with respect to how readily those rights may be overridden.

Part I of this Article discusses the Court’s parental rights jurisprudence, noting how …

Too Stupid: Intellectual Disability As A Statutory Ground For Termination Of Parental Rights, Charlotte Jayne Cooper

The Modern American

No abstract provided.

A Parent’S Final Sacrifice: Self-Incrimination In Failure To Protect Cases, 51 J. Marshall L. Rev. 377 (2018), Maggie Butzen

UIC Law Review

When criminal proceedings commence, the passive parent is forced to choose the lesser of two evils: testify and risk self-incrimination or guard their constitutional right and risk the person who abused them and their child going free.The passive parent exists at a crossroads: defendant, parent, and victim. The main purpose of this Comment is to analyze this crossroads under a Fifth Amendment lens and propose a workable solution to allow these passive parents a way to better navigate these “two evils.” To be clear: this Comment’s purpose is not to assert whether a passive parent should be held culpable for …