Family Law Commons^™

Representing The Child In Child Protective Proceedings: Toward A New Paradigm, Merril Sobie

Elisabeth Haub School of Law Faculty Publications

This article will attempt a new approach, one based on an analysis of the child's interests in a child protective proceeding. As will be discussed in Part 1, most interests are surprisingly overlooked or barely articulated in the representation debate. Part 2 will summarize the statutes and case law governing the role of the child's counsel in the child protective litigation continuum. The frequently lengthy process may range from initiation by a child protective agency to the achievement of family reunification or other permanency goal. For children, the continuum of sequential proceeding may span years or decades. Finally, Part 3 …

Bibliography Of The Writings (1976-2017) Of Robert Raphael, Joel Fishman

Law Faculty Publications

The following bibliography is based on the card catalogs of the Allegheny County and Jenkins Law Libraries as well as the collection located in the first library. Robert Raphael (1922-2019) was born in New York City, but spent his whole life in Pittsburgh, PA. He is known by his colleagues as the “father of divorce law” along with Albert Momjian in creating the Divorce Code of 1980.

Bibliography Of The Writings (1979-2019) Of Lynne Z. Gold-Bikin, Joel Fishman

Law Faculty Publications

Lynne Z. Gold-Bikin (1938-2019) was a major family law practitioner in Pennsylvania for the last 40 years. Members of the section paid tribute to her in the October 2018 issue of the Pennsylvania Family Lawyer as did Judge Daniel Clifford who gave a Memorial Minute published in the Spring 2019 issue of the Pennsylvania Family Lawyer from which the following is summarized.

Towards A Parent-Inclusive Attorney-Client Privilege, Sande L. Buhai

Georgia Law Review

Few state or federal courts recognize a parent-child
testimonial or communication privilege. Yet, courts
recognize privileges between spouses, clergy-penitent,
and therapist-patient. Supported by the Wigmore test
that legitimized these privileges, this paper argues that
the attorney-client privilege should still exist even if (1)
a client’s parent is included in an attorney-client
meeting in an advisory capacity; (2) the child discloses
contents of the attorney-client communications to the
child’s parent; or (3) the child discusses the contents of
the attorney-client communications with the child’s
parent.

America’S (D)Evolving Childcare Tax Laws, Shannon W. Mccormack

Georgia Law Review

Proponents touted the Tax Cuts and Jobs Act (the
TCJA)—enacted in the twilight of 2017—by claiming it
would help American working families. But while the
TCJA expanded some benefits available to parents with
dependent children, these parental tax benefits may be
claimed regardless of whether or to what extent
childcare costs are incurred to work outside the home.
To help working parents with these (often significant)
costs, Congress might have turned to two other
mechanisms in the tax law—the “child and dependent
care credit” and the “dependent care exclusion.” While
these childcare tax benefits are only available to working
parents …

Family Law, Anna K. Teller, Donald E. Teller Jr.

SMU Annual Texas Survey

No abstract provided.

Immigration, Adoption And Our National Identity, Shani M. King

UF Law Faculty Publications

In this Article, I tell the story of intercountry adoption. Our starting point is the beginning of the adoption process, with so-called “sending countries,” in which I explore the reasons that countries enter their children into the intercountry adoption market. We begin in the aftermath of World War II and continue until the present day. The story starts in Europe (specifically, in Germany, Greece, and Italy) and Japan. It then continues throughout the Korean War and the communist regime of Nicolae Ceauseacu, until present-day Russia and China. Next, I tell the story of receiving countries; I discuss the social, political, …

Equality, Equity, And Dignity, Nancy E. Dowd

UF Law Faculty Publications

In this Essay I explore the definition and scope of children’s equality. I argue that equality includes equity and dignity. The meaning of each of these concepts is critical in imagining a deep, rich vision of equality, and in constructing policies to achieve that vision. This definition of equality creates affirmative rights, demands action to resolve structural discrimination that creates and sustains hierarchies among children, and requires affirmative support for children’s developmental equality.

Protecting All Women: Tribal Protection Orders And Required Enforcement Under Vawa, Brenna P. Riley

Roger Williams University Law Review

No abstract provided.

2018 Survey Of Rhode Island Case Law

Roger Williams University Law Review

No abstract provided.

Introduction, June Carbone

Minnesota Journal of Law & Inequality

Introduction of articles published as a part of the North American Regional Meeting of the International Society of Family Law

How Courts In Criminal Cases Respond To Childhood Trauma, Deborah W. Denno

Faculty Scholarship

Neurobiological and epidemiological research suggests that abuse and adverse events experienced as a child can increase an adult’s risk of brain dysfunction associated with disorders related to criminality and violence. Much of this research is predictive, based on psychological evaluations of children; few studies have focused on whether or how criminal proceedings against adult defendants consider indicators of childhood trauma. This Article analyzes a subset of criminal cases pulled from an 800-case database created as part of an original, large-scale, empirical research project known as the Neuroscience Study. The 266 relevant cases are assessed to determine the extent to which, …

Uncommon Misconceptions: Holding Physicians Accountable For Insemination Fraud, Jody L. Madeira

Articles by Maurer Faculty

No abstract provided.

Fundamentally Fair? A Critical Look At The Due Process Afforded Parents In Child Protection Proceedings Under Minnesota Law, Brooke Beskau Warg

Mitchell Hamline Law Review

No abstract provided.

Child Advocacy Studies (Cast): A National Movement To Improve The Undergraduate And Graduate Training Of Child Protection Professionals, Victor I. Vieth, Betsy Goulet, Michele Knox, Jennifer Parker, Lisa B. Johnson, Karla Steckler Tye, Theodore P. Cross

Mitchell Hamline Law Review

No abstract provided.

Wounded Souls: The Need For Child Protection Professionals And Faith Leaders To Recognize And Respond To The Spiritual Impact Of Child Abuse, Victor I. Vieth, Pete Singer

Mitchell Hamline Law Review

No abstract provided.

Legal Representation For Abused And Neglected Youth, Anne Tyler Gueinzius, Eikoku Ikeno

Mitchell Hamline Law Review

No abstract provided.

Pennsylvania’S Need For Permanency: An Argument In Support Of Workable Standards For Representing Children In Involuntary Termination Of Parental Rights Proceedings, Anne M. Bingaman

Dickinson Law Review (2017-Present)

In cases of child abuse and neglect, Pennsylvania’s dependency laws both empower courts to act to protect the child and offer opportunities to bolster the parent-child relationship. However, when courts determine that maintenance of the parent-child relationship is not in the child’s best interest, termination of parental rights proceedings play an essential role in freeing the child for adoption.

Pennsylvania’s General Assembly has recognized that termination proceedings are both a necessary mechanism for permanency and a significant intrusion in the life of a child. As a result, the General Assembly enacted 23 PA. CONST. STAT. § 2313(a), a provision in …

Considering Parental Alienation When Assessing Best Interest Of The Child, Juno Adler

CMC Senior Theses

As the divorce rate in the United States remains steady at 50%, the last few decades have shown an increase in child custody disputes. Within these litigations, interparental conflict can reach high levels and incite behaviors that wreak havoc on the children who are caught in the middle. When considering custody arrangements, judges and other evaluators use the Best Interest of the Child Standard (BICS), a jurisdictionally-specific framework that examines several factors that contribute to a child’s health and well-being. Parents who allow their resentments to get the better of them sometimes engage in behavior that encourages their child to …

Blending Surnames At Marriage, Hannah Haksgaard

Faculty Publications

In most states, marrying couples are severely limited in their surname choices at the time of marriage. While recent scholarship has focused on men’s limited surname choices, other important problems with the marital surname process exist. For example, the increasingly popular decision to blend surnames—taking parts of both current surnames to create an entirely new surname—is generally not allowed. Four states explicitly allow for surname blending on the marriage license, and three more allow for any surname to be adopted. This article argues the remaining states should follow suit by allowing surname blending and other surname options. In addition to …

Childcare, Vulnerability, And Resilience, Meredith Johnson Harbach

Law Faculty Publications

The question of how to provide care for America’s youngest children, and the quality of that care, is among the most vexed for family law. Despite seismic demographic shifts in work and family, childcare law and policy in the United States still operates on the assumption that childcare is the private responsibility of parents and families rather than a state concern. But this private childcare model, based on unrealistic assumptions in liberal theory and buttressed by an ascendant neoliberalism, is inadequate to today’s childcare challenges. This project confronts the inadequacies of the private childcare model. Using Martha Albertson Fineman’s Vulnerability …

Transparenthood, Sonia K. Katyal, Ilona M. Turner

Michigan Law Review

Despite the growing recognition of transgender rights in both law and culture, there is one area of law that has lagged behind: family law’s treatment of transgender parents. We perform an investigation of the way that transgender parents are treated in case law and discover striking results regarding the outcomes for transgender parents within the family court system. Despite significant gains for transgender plaintiffs in employment and other areas of law, the evidence reveals an array of ways in which the family court system has systematically alienated the rights and interests of transgender parents. In many cases involving custody or …

Are Domestic Abusers Terrorists: Rhetoric, Reality, And Asylum Law, Natalie Nanasi

Faculty Journal Articles and Book Chapters

The terms terrorism and terrorist are highly charged but all too often imprecisely utilized in legal, media, and political arenas. The terminology has even entered the field of intimate partner violence, where the phrases terrorism in the home or intimate terrorism have been used to describe domestic abuse. This language has proliferated not only due to identified commonalities between intimate partner abuse and terroristic behaviors but also because of the rhetorical impact of the words in highlighting the gravity of domestic violence. However, expanding the legal framework of terrorism into new areas has potentially serious and far-reaching consequences. It is …

A Life Worth Living: Fighting Filicide Against Children With Disabilities

Florida A & M University Law Review

This article aims to explore filicide as it relates to children with disabilities. Filicide is a specific type of killing where a parent murders his or her own child. Part II gives a historical perspective on filicide. Part II also explains the various reasons behind filicide and why those reasons specifically apply to the killings of children with disabilities. Further, Part III explores the relationship between sentencing disparities in cases where society sympathizes with the parents of children with disabilities and condemns parents of nondisabled children. Part III also argues that children with disabilities face additional barriers in the fight …

International Survey Of Family Law, 2019 Ed., Margaret Brinig

Books

Margaret Brinig, editor The International Society of Family Law is an independent, international, and non-political scholarly association dedicated to the study, research and discussion of family law and related disciplines. The Society’s membership currently includes professors, lecturers, scholars, teachers, and researchers from more than 50 different countries, offering a unique opportunity for networking within a truly international family law community.

The International Survey of Family Law is the annual review of the International Society of Family Law. It brings together reliable and clearly structured insights into the latest and most notable developments in family law from all around the globe.

Schnedler V. Lee: Some (Re)Assembly Required, Victoria Johnson

Oklahoma Law Review

No abstract provided.

A Cure Worse Than The Disease? The Impact Of Removal On Children And Their Families, Vivek Sankaran, Christopher Church, Monique Mitchell

Marquette Law Review

Removing children from their parents is child welfare’s most drastic

intervention. Research clearly establishes the profound and irreparable

damage family separation can inflict on children and their parents. To ensure

that this intervention is only used when necessary, a complex web of state and

federal constitutional principles, statutes, administrative regulations, judicial

decisions, and agency policies govern the removal decision. Central to these

authorities is the presumption that a healthy and robust child welfare system

keeps families together, protects children from harm, and centers on the needs

of children and their parents.

Yet, research and practice—supported by administrative data—paint a

different …

The Case For American Muslim Arbitration, Rabea Benhalim

Publications

This Article advocates for the creation of Muslim arbitral tribunals in the United States. These tribunals would better meet the needs of American Muslims, who currently bring their religious disputes to informal forums that lack transparency. Particularly problematic, these existing forums often apply legal precedent developed in majority-Muslim nations, without taking into consideration the changed circumstances of Muslim living as minorities in the United States. These interpretations of Islamic law can have especially negative impacts on women. American Muslim arbitration tribunals offer the potential to correct these inadequacies. Furthermore, a new arbitral system could better meet the needs of sophisticated …

Fiduciary Principles In Family Law, Elizabeth S. Scott, Ben Chen

Faculty Scholarship

Family members bear primary responsibility for the care of dependent and vulnerable individuals in our society, and therefore family relationships are infused with fiduciary obligation. Most importantly, the legal relationship between parents and their minor children is best understood as one that is regulated by fiduciary principles. Husbands and wives relate to one another as equals under contemporary law, but this relationship as well is subject to duties of care and loyalty when either spouse is in a condition of dependency. Finally, if an adult is severely intellectually disabled or becomes incapacitated and in need of a guardian, a family …

Vaccination Law 101: A Guide For Children’S Lawyers, Christal Cammock, Jennifer Baum

Faculty Publications

(Excerpt)

Today, U.S. children are typically vaccinated against 11 deadly, and formerly common, diseases: diphtheria, Hib disease, hepatitis B, measles, mumps, pertussis (whooping cough), polio, rubella, pneumococcal disease, tetanus, and varicella (chicken pox). But it wasn’t always so. Vaccines are a relatively recent development in medical history. The world’s first vaccine, for smallpox, was discovered in the late 1700s. A hundred years later, Louis Pasteur discovered the second vaccine, for rabies. By the mid-1900s, technological and medical advances drove more rapid vaccine development, and in 1963, the first measles vaccine was approved.

Before the measles vaccine became available, up to …