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Articles 2371 - 2400 of 7937
Full-Text Articles in Family Law
Obergefell'S Missed Opportunity, Catherine Smith
Obergefell'S Missed Opportunity, Catherine Smith
Scholarly Articles
Part I of this article delineates the harms to children from marriage bans, harms that the Obergefell Court relied upon to recognize the fundamental right to marry for same-sex couples. Part II explains how Obergefell missed an opportunity to advance the constitutional rights of children by failing to invoke well-established equal protection law. This discussion briefly catalogues the omitted child-centered cases that warranted a more robust analysis of children's rights. This series of cases begins with the Brown v. Board of Education decision, and then turns to a number of post-Brown equal protection cases that explicitly prohibited state practices that …
I Am Whoever You Say I Am: How The Custodial Decisions Of Parents Can Affect And Limit A Transgender Child's Freedom And State Of Mind, Kasia Szczerbinski
I Am Whoever You Say I Am: How The Custodial Decisions Of Parents Can Affect And Limit A Transgender Child's Freedom And State Of Mind, Kasia Szczerbinski
Children's Legal Rights Journal
No abstract provided.
Rehabilitate The Community By Rehabilitating Its Youth- How Cognitive Science, Incarceration, And Jurisprudence Relate To The Criminal Justice System's Treatment Of Juveniles, Jacob L. Zerkle
Children's Legal Rights Journal
No abstract provided.
Table Of Contents, Children's Legal Rights Journal
Table Of Contents, Children's Legal Rights Journal
Children's Legal Rights Journal
No abstract provided.
"The Child As Witness": Evaluating State Statutes On The Court's Most Vulnerable Population', Ashley Fansher, Rolando V. Del Carmen
"The Child As Witness": Evaluating State Statutes On The Court's Most Vulnerable Population', Ashley Fansher, Rolando V. Del Carmen
Children's Legal Rights Journal
No abstract provided.
Youth Perspective: Stop And Frisk: Racial Profiling In Contemporary Urban America, Danielle Lahee
Youth Perspective: Stop And Frisk: Racial Profiling In Contemporary Urban America, Danielle Lahee
Children's Legal Rights Journal
No abstract provided.
Education Connection: The Effects Of Race, Culture, And Special Education On Minority Disproportionality In The Juvenile Justice System, Lisa Wiggin
Children's Legal Rights Journal
No abstract provided.
Table Of Contents, Children's Legal Rights Journal
Table Of Contents, Children's Legal Rights Journal
Children's Legal Rights Journal
No abstract provided.
Bending The Curve: Reflections On A Decade Of Illinois Juvenile Justice Reform, Diane Geraghty
Bending The Curve: Reflections On A Decade Of Illinois Juvenile Justice Reform, Diane Geraghty
Children's Legal Rights Journal
No abstract provided.
Understanding Intersectionality Between The Law, Gender, Sexuality And Children, Thomas A. Mayes
Understanding Intersectionality Between The Law, Gender, Sexuality And Children, Thomas A. Mayes
Children's Legal Rights Journal
No abstract provided.
Developing Prevention-Oriented Discipline Codes Of Conduct, Pamela A. Fenning, Miranda B. Johnson
Developing Prevention-Oriented Discipline Codes Of Conduct, Pamela A. Fenning, Miranda B. Johnson
Children's Legal Rights Journal
No abstract provided.
Spotlight On: The Human Rights Campaign, Rashal G. Baz
Spotlight On: The Human Rights Campaign, Rashal G. Baz
Children's Legal Rights Journal
No abstract provided.
Legislative Update: Zero Tolerance To Zero Suspensions- An Analysis Of Lausd's New Discipline Policy, Lauren Brauer
Legislative Update: Zero Tolerance To Zero Suspensions- An Analysis Of Lausd's New Discipline Policy, Lauren Brauer
Children's Legal Rights Journal
No abstract provided.
Youth Perspective. Framing School Discipline In The "Best Interests Of The Student", Caitlin Cervenka
Youth Perspective. Framing School Discipline In The "Best Interests Of The Student", Caitlin Cervenka
Children's Legal Rights Journal
No abstract provided.
Spotlight On. The Illinois Youth Court Association, Brittany Lewis
Spotlight On. The Illinois Youth Court Association, Brittany Lewis
Children's Legal Rights Journal
No abstract provided.
Education Connection: The Importance Of Allowing Students To Use Bathrooms And Locker Rooms Reflecting Their Gender Identity, Katherine Szczerbinski
Education Connection: The Importance Of Allowing Students To Use Bathrooms And Locker Rooms Reflecting Their Gender Identity, Katherine Szczerbinski
Children's Legal Rights Journal
No abstract provided.
Table Of Contents, Children's Legal Rights Journal
Table Of Contents, Children's Legal Rights Journal
Children's Legal Rights Journal
No abstract provided.
Protecting Children's Right To Privacy In The Digital Age: Parents As Trustees Of Children's Rights, Shannon Sorensen
Protecting Children's Right To Privacy In The Digital Age: Parents As Trustees Of Children's Rights, Shannon Sorensen
Children's Legal Rights Journal
No abstract provided.
Academic Connection: Lessons In Censorship: How Schools And Courts Subvert Students' First Amendment Rights, Lauren Brauer
Academic Connection: Lessons In Censorship: How Schools And Courts Subvert Students' First Amendment Rights, Lauren Brauer
Children's Legal Rights Journal
No abstract provided.
Legislative Update: Children's Online Privacy Protection Act Of 1998, Tianna Gadbaw
Legislative Update: Children's Online Privacy Protection Act Of 1998, Tianna Gadbaw
Children's Legal Rights Journal
No abstract provided.
Digital Love: Where Does The Marital Communications Privilege Fit In The World Of Social Media Communications, 32 J. Marshall J. Info. Tech. & Privacy L. 105 (2016), Nicole Scott
UIC John Marshall Journal of Information Technology & Privacy Law
This comment explores the impact of recent developments in communication on the applicability of the marital communications privilege. Particularly, this article explores the role social media communication plays, focusing on whether a change is necessary for the privilege to adhere to the recent changes in marriage and communication. Part II of this article discusses the history of the marital privilege, the evolution of marriage, and the history of social media. Part III proposes the need to extend the marital privilege to include private communications on social media. I will advocate for this by comparing the Privilege to other communication privileges, …
Licensing Parents In International Contract Pregnancies, Andrew Botterell, Carolyn Mcleod
Licensing Parents In International Contract Pregnancies, Andrew Botterell, Carolyn Mcleod
Law Publications
The Hague Conference on Private International Law currently has a Parentage/Surrogacy Project, which evaluates the legal status of children in cross‐border situations, including situations involving international contract pregnancy (or ‘surrogacy’). Should a convention (or other legal instrument) focusing on international contract pregnancy emerge from this project, it will need to be consistent with the Hague convention on Intercountry Adoption. The latter convention prohibits adoptions unless, among other things, ‘the competent authorities of the receiving State have determined that the prospective adoptive parents are eligible and suited to adopt’ (Article 5a). Included in it, therefore, is a parental vetting or licensing …
Comment: De Facto Parents In Maryland: When Will The Law Recognize Their Rights?, Michelle E. Kelly
Comment: De Facto Parents In Maryland: When Will The Law Recognize Their Rights?, Michelle E. Kelly
University of Baltimore Law Forum
Rachel and Allison were in a committed same-sex relationship beginning in 1990. Although they never legally married, the couple decided to manifest their love by having a child in 2001. Rachel and Allison both agreed that Rachel would carry the child by way of an anonymous sperm donor. Their child, Kevin, was born on September 3, 2002. Allison was present in the delivery room and even cut the umbilical cord. From the time Kevin was born until the summer of 2009 when Rachel and Allison ended their relationship, the couple equally raised and cared for Kevin, sharing all major and …
(Mis)Recognizing Polygamy, Kerry Abrams
Religiously-Motivated Medical Neglect: A Response To Professors Levin, Jacobs, And Arora, Doriane Lambelet Coleman
Religiously-Motivated Medical Neglect: A Response To Professors Levin, Jacobs, And Arora, Doriane Lambelet Coleman
Faculty Scholarship
This Response to Professors Levin, Jacobs, and Arora’s article To Accommodate or Not to Accommodate: (When) Should the State Regulate Religion to Protect the Rights of Children and Third Parties? focuses on their claim that the law governing religious exemptions to medical neglect is messy, unprincipled, and in need of reform, including because it violates the Establishment Clause. I disagree with this assessment and provide support for my position. Specifically, I summarize and assess the current state of this law and its foundation in the perennial tussle between parental rights and state authority to make decisions for and about the …
Legal Recognition Of Same-Sex Relationships: New Possibilities For Research On The Role Of Marriage Law In Household Labor Allocation, Deborah A. Widiss
Legal Recognition Of Same-Sex Relationships: New Possibilities For Research On The Role Of Marriage Law In Household Labor Allocation, Deborah A. Widiss
Articles by Maurer Faculty
Research comparing the relative significance of economic exchange theories and gender norms on parents’ division of income-producing and domestic responsibilities often fails to consider sufficiently the role that marriage may play. This article shows that, in the United States, numerous aspects of state and federal law relating to marriage encourage spouses to specialize in distinct breadwinning and caretaking roles. Same-sex marriage offers new opportunities to assess the importance of marriage in household labor allocation decisions while controlling for gender. For any data gathered before June 2015, however, it may be distorting to characterize same-sex couples as simply “married” or “un-married”; …
Medical Decision Making For Youth In The Foster Care System, 49 J. Marshall L. Rev. 1103 (2016), Zach Strassburger
Medical Decision Making For Youth In The Foster Care System, 49 J. Marshall L. Rev. 1103 (2016), Zach Strassburger
UIC Law Review
Youth in the foster care system often have no one person who is clearly authorized to make medical decisions for them. From a caseworker insisting upon a vaccine to a birth parent refusing permission for psychotropic medication, the evidence supports the argument that who makes these decisions matters for children’s rights. The Author reviewed relevant laws and policies, surveyed stakeholders to understand actual practices, then interviewed a subset of these stakeholders to get further details about who decides what care a young person receives. This Article argues that policies should be nuanced but consistent, promoting birth parent involvement and family …
A House Divided Against Itself Cannot Stand: The Need To Federalize Surrogacy Contracts As A Result Of A Fragmented State System, 49 J. Marshall L. Rev. 1155 (2016), Brett Thomaston
UIC Law Review
This comment will explain the necessity for federal regulation of surrogacy contracts by analyzing the current state of surrogacy laws across the United States. This will be accomplished by examining the fragmented state system and how this largely ignored area of the law has been a feeding ground for widespread forum shopping and inconsistent results. This comment will then address the public policy reasons in support of enforcing these contracts. Next, this comment will examine the avenues of congressional power for regulating these types of contracts. Lastly, this comment will propose that the federal government implement legislation containing key language …
When One Spouse Has It: Dementia And The Permissibility Of Marital Sex Under Criminal Statute, 49 J. Marshall L. Rev. 1225 (2016), James Cook
UIC Law Review
The purpose of this article is to explore defining the acceptable parameters of marital sexual behavior, in situations where only one spouse has dementia, through criminal statute.
Governed By Marriage Law, Deirdre Mcgowan
Governed By Marriage Law, Deirdre Mcgowan
Books/Book Chapters
Marriage law links the private and the political, connecting the aspirations of individuals to the regulatory ambitions of the state. Marriage has significant social and cultural importance, but the assumptions of stability and care it entails are also useful to government. As a result, marriage law has, both historically and in the present, been offered as the solution to a range of social problems. Using Ireland as a case study example, this essay focuses on the problems which marriage law reform has attempted to address and the political frameworks within which reform took place. It suggests that marriage law is …