Family Law Commons^™

Let She Who Has The Womb Speak: Regulating The Use Of Human Oocyte Cryopreservation To The Detriment Of Older Women, Browne C. Lewis

Arkansas Law Review

“Inequality starts in the womb.” When it comes to childbearing, advances in assisted reproductive technology (ART) may negate the veracity of this quote. In her autobiography Becoming, former First Lady Michelle Obama discusses her struggles with infertility. Mrs. Obama’s difficulty getting pregnant may have stemmed from the fact that she postponed motherhood to focus on her career as a high-powered attorney. At that time, for Mrs. Obama and women of her generation, the focus was on pregnancy prevention instead of procreation preservation. Women feared being placed on the “mommy track,” so they waited to have children until after they had …

Developmental Justice And The Voting Age, Katharine B. Silbaugh

Faculty Scholarship

Several municipalities have lowered the voting age to 16, with similar bills pending in state legislatures and one considered by Congress. Meanwhile, advocates for youth are trying to raise the ages of majority across an array of areas of law, including ages for diverting criminal conduct into the juvenile justice system (18 to 21); buying tobacco (18 to 21); driving (16 to 18); and obtaining support from the foster care system (18 to 21). Child welfare advocates are fighting the harms of Adultification, meaning the projection of adult capacities, responsibilities, and consequences onto minors. In legal and social history, seeing …

Evaluation Of Unm's Parental Leave Policy, Julia Fulghum, Karlyn A. Edwards, Charlie Christian, Steven Verney, Lisa A. Marchiondo, Teagan Mullins

ADVANCE Reports

Experiences with UNM’s parental leave policy C215 have been evaluated using the ADVANCE 2018 Main Campus Faculty Climate Survey, a series of junior faculty interviews, and concerns brought to the ADVANCE leadership. Key findings are:

• Women and STEM faculty are more hesitant to use family-leave policies, and perceive greater disadvantage in using them than men and non-STEM faculty
• Sharing of information about, and implementation of, parental leave varies significantly between units
• The attitude of the department chair and senior faculty strongly influence the experience of faculty who use parental leave
• Appropriately implemented, the parental leave policy contributes to faculty recruitment …

Standing In The Way Of Parental Rights--The Texas Supreme Court Resolves Courts Of Appeals Split In Favor Of Nonparents, Madison Bertrand

SMU Law Review Forum

No abstract provided.

California's Child Abuse Dependency Hearsay Exception In In Re I.C., Rachel Monas

Loyola of Los Angeles Law Review

No abstract provided.

Where Is Home? The Challenge Of Finding Safe Housing Via Early Lease Termination For Victims Of Domestic Violence, Charlotte Gerchick

Washington and Lee Journal of Civil Rights and Social Justice

This Note addresses the legal recourse of domestic violence victims who are attempting to terminate a lease early for the purpose of escaping domestic violence at home. In March 2013, President Barack Obama signed the reauthorization of the Violence Against Women Act (VAWA). This version of the Act includes Title VI, which protects victims of domestic violence and stalking. Title VI applies to federally subsidized housing. It allows domestic violence victims to terminate a lease early for the purpose of removing themselves from an abusive household. Title VI also makes it illegal to deny or terminate housing assistance based on …

Time To Rethink Surrogacy: An Overhaul Of New York's Outdated Surrogacy Contract Laws Is Long Overdue, Charles Gili

St. John's Law Review

(Excerpt)

Part I of this Note discusses the influential effect of the much publicized Baby M case as well as the societal perceptions of the time that led to the enactment of New York’s current “antisurrogacy” laws, DRL §§ 121–124. Part II explores changes in the legal, scientific, and societal atmospheres that have rendered those laws archaic and unconstitutional. Part III argues that needed change should come in the form of new legislation meant to foster, rather than burden, the formation of family.

Not Everyone Is Safer At Home: The Harsh Reality That Many Domestic Violence Victims Face In Light Of Covid-19 “Stay At Home” Orders, Megan Divine

Center for Health Law Policy and Bioethics

Domestic violence victims are disproportionately affected by the COVID-19 pandemic. Home is not a safe place for everyone. Abuse thrives in silence and isolation. Isolation exacerbates the types of violence and abuse that victims experience. The coronavirus pandemic presents a perfect opportunity for abusers to exercise increased levels of coercive control. This includes not only physical abuse, but also emotional, financial, and psychological abuse. Survivors too, are impacted by many of these concerns. Limited finances and decreased access to housing, support, and affordable childcare increases the potential for survivors to return to their abusers. Many have considered the coronavirus crisis …

Sex As Constructive Notice-North Carolina's Need For A Putative Father Registry, Lisa Alumbaugh Kamarchick

North Carolina Central Law Review

No abstract provided.

The Many Harms Of Forced Marriage: Insights For Law From Ethnography In Northern Uganda, Myriam S. Denov, Mark A. Drumbl

Scholarly Articles

Harnessing an interdisciplinary framework that merges elements of law and social science, this article aims to recast the crime of forced marriage, and thereby enhance accountability, in light of knowledge acquired through ethnographic fieldwork in northern Uganda. More specifically, we draw upon the perspectives and experiences of 20 men who were "bush husbands" in the Lord’s Resistance Army (LRA). These men were abducted by the LRA between the ages of 10 and 38 and spent between 6 and 24 years in captivity. During their time in the LRA, these men became ‘bush husbands’ with each man fathering between 1 and …

Family In The Balance: Barton V. Barr And The Systematic Violation Of The Right To Family Life In U.S. Immigration Enforcement, David Baluarte

Scholarly Articles

The United States systematically violates the international human right to family life in its system of removal of noncitizens. Cancellation of removal provides a means for noncitizens to challenge their removal based on family ties in the United States, but Congress has placed draconian limits on the discretion of immigration courts to cancel removal where noncitizens have committed certain crimes. The recently issued U.S. Supreme Court decision in Barton v. Barr illustrates the troubling trend of affording less discretion for immigration courts to balance family life in removal decisions that involve underlying criminal conduct. At issue was the “stop-time rule” …

Emancipation Unlocke'd: Partus Sequitur Ventrem, Self-Ownership, And No "Middle State"In Maria Vs. Surbaugh, Diane J. Klein

University of Maryland Law Journal of Race, Religion, Gender and Class

No abstract provided.

Privacy, Eavesdropping, And Wiretapping Across The United States: Reasonable Expectation Of Privacy And Judicial Discretion, Carol M. Bast

Catholic University Journal of Law and Technology

One-party consent and all-party consent eavesdropping and wiretapping statutes are two broad pathways for legislation to deal with the problem of secret taping and some states protect conversation under state constitutions. Whether a conversation is protected against being taped as a private conversation is often gauged by the reasonable expectation of privacy standard. Judges in both all-party consent and one-party consent jurisdictions have had to use their leeway under the reasonable expectation of privacy standard to arrive at what at the time seemed to be the most appropriate solution, perhaps in doing so creating a case law exception.

Table Of Contents, Children's Legal Rights Journal

Children's Legal Rights Journal

No abstract provided.

The Birth Of Fertility Fraud: How To Protect Washingtonians, Sarah Chicoine

Washington Law Review Online

Doctors in multiple states have been accused of using their own sperm to impregnate patients without the patient’s consent. Because most states do not have laws prohibiting fertility doctors from using their own sperm to impregnate their patients, families have not been able to seek meaningful legal remedies. State legislatures enacted new fertility fraud laws to deter, criminalize, and provide a legal civil cause of action to those harmed by these actions—but only after these allegations came to light. If the Washington State Legislature creates a law before any similar allegations come to light in Washington, those patients harmed in …

Protecting Youth From Themselves: The Overcriminalization Of Consensual Sexual Behavior Between Adolescents, Jean Strout, Divya Vasudevan, Riya Saha Shah

Children's Legal Rights Journal

No abstract provided.

The Educator's Role In Human Trafficking Prevention: From The Trafficking Victims Prevention Act Of 2000 To California's Human Trafficking Prevention Education And Training Act Of 2017, Kurt A. Didier, Rachel G. Salas

Children's Legal Rights Journal

No abstract provided.

New Title Iv-E Dollars For Child And Parent Legal Representation Presents A Tremendous Opportunity To Improve Outcomes For Families, Christina Cullen

Children's Legal Rights Journal

No abstract provided.

In Re L.J.B.—Illegal Drug Use While Pregnant Not Considered Child Abuse, Jennifer Karr

Children's Legal Rights Journal

No abstract provided.

Stephen King's It: Child Violence In The Horror Genre, Conor Kinney

Children's Legal Rights Journal

No abstract provided.

How Much Responsibility Can We Give Twelve-Year-Olds? An Analysis Of The Phillipines' Proposed Lowering Of The Minimum Age Of Criminal Responsibility, Olivia Alden

Children's Legal Rights Journal

No abstract provided.

There's No Such Thing As A Free Lunch, Anique Aburaad

Children's Legal Rights Journal

No abstract provided.

Table Of Contents, Children's Legal Rights Journal

Children's Legal Rights Journal

No abstract provided.

Grandparent And Third-Party Visitation Rights: A 50 State Survey, Sarah J.M. Cox

Children's Legal Rights Journal

No abstract provided.

Sentenced To Child Welfare: How States Seeking Placement And Services For Justice-Involved Youth Fail To Protect The Rights Of Parents And Create "Reverse" Crossover Youth, Christina Cullen

Children's Legal Rights Journal

No abstract provided.

The Increasingly Covert And Invasive Surveillance Of Students And Its Visible Role In The Student-To-Prison Pipeline, Andy Froelich

Children's Legal Rights Journal

No abstract provided.

A Child's Right To A Name: An Emphasis On The Iranian Legal System, Abbas Mirshekari, Alireza Fattahi Ketilate

Children's Legal Rights Journal

This article provides an interpretation of the Iranian legal system in which individuals are free to choose their own name, unless the choice of a particular name is prohibited by law, depending on a concrete and reasonable justification. Accordingly, both the right of children to have a name and the right of parents to freely choose a name for their children will be explored. A parent's right to name can also be framed as an example of parental rights to their children; albeit a parent's right to name is constitutionally restricted by a principle prohibiting abuse of the right. In …

Early State And Federal Responses To Coronavirus-Related School Closures, Jim Alrutz

Children's Legal Rights Journal

No abstract provided.

Broken Promises On Education And Illinois' Formula For Rectifying The Issue, Diana Arroyo

Children's Legal Rights Journal

No abstract provided.

A Constitutional Right To An Education: Revisited, Andy Froelich

Children's Legal Rights Journal

No abstract provided.