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Articles 1021 - 1050 of 1205
Full-Text Articles in Juvenile Law
University Of Richmond Law Review
University Of Richmond Law Review
University of Richmond Law Review
No abstract provided.
"Please Let Me Be Heard:" The Right Of A Florida Foster Child To Due Process Prior To Being Committed To A Long-Term, Locked Psychiatric Institution, Bernard P. Perlmutter, Caroline S. Salisbury
"Please Let Me Be Heard:" The Right Of A Florida Foster Child To Due Process Prior To Being Committed To A Long-Term, Locked Psychiatric Institution, Bernard P. Perlmutter, Caroline S. Salisbury
Articles
No abstract provided.
The Idea Of Adoption: An Inquiry Into The History Of Adult Adoptee Access To Birth Records, Elizabeth Samuels
The Idea Of Adoption: An Inquiry Into The History Of Adult Adoptee Access To Birth Records, Elizabeth Samuels
All Faculty Scholarship
There has been in recent years and there continues to be intense debate around the country about whether to open original birth records to adult adoptees. Our understanding of the legal history relevant to the debate has been incomplete and inaccurate. According to this understanding, the state laws that closed court and birth records to the parties to adoptions generally closed these records for all time to all parties; the laws had a primary purpose of insuring lifelong anonymity for birth parents; and the laws became nearly universal by about the middle of the twentieth century. In fact, the history …
The Strange History Of Adult Adoptee Access To Original Birth Records, Elizabeth Samuels
The Strange History Of Adult Adoptee Access To Original Birth Records, Elizabeth Samuels
All Faculty Scholarship
In the late 1940s and early 1950s, contemporary accounts reported that most states had sealed adoption court records completely but, typically, had sealed original birth certificates from all persons except adult adoptees. Through the 1950s influential experts recommended that original birth certificates remain available to adult adoptees, while birth and court records otherwise be closed to all persons except upon court order. In 1960 the laws in some 40 percent of the states still permitted adult adoptees to inspect them, but between 1960 and 1990 all but a handful of the rest of the states closed the birth records to …
Victims Confront Offenders: An Exploratory Study Of Victim Satisfaction During Mediation, Krystal C. Walton
Victims Confront Offenders: An Exploratory Study Of Victim Satisfaction During Mediation, Krystal C. Walton
Sociology & Criminal Justice Theses & Dissertations
The purpose of this study was to determine if age, race, and gender were related to victim satisfaction during mediation while controlling for the type of offense. Satisfaction with the mediator's attitude, the session itself, the mediator, and the outcome were assessed to measure the victim's level of satisfaction with the various components of the mediation process. Data was collected from questionnaires mailed to crime victims' who had completed the mediation process through the Juvenile and Domestic Relations Court in Norfolk, Virginia. This thesis looks at the relationship of age, race, and gender to victim satisfaction with mediation. Cross-tabulations were …
Before It's Too Late: Neuropsychological Consequences Of Child Neglect And Their Implications For Law And Social Policy, Janet Weinstein, Ricardo Weinstein
Before It's Too Late: Neuropsychological Consequences Of Child Neglect And Their Implications For Law And Social Policy, Janet Weinstein, Ricardo Weinstein
University of Michigan Journal of Law Reform
Recent developments in the neurosciences have led to dramatic breakthroughs in the area of brain development and the understanding of consequences of neglect. Because this process was heretofore not understood, legislators have been wary of drafting child protection statutes that afforded the possibility for arbitrary interference with families. Strict statutory standards have been adopted that allow coercive intervention only in cases where the child is at substantial risk of imminent physical harm, or after some of the most severe consequences of neglect have been identified. These laws do not consider developmental harm because it does not present an imminent danger …
Parens Patriae And A Modest Proposal For The Twenty-First Century: Legal Philosophy And A New Look At Children's Welfare, Natalie Loder Clark
Parens Patriae And A Modest Proposal For The Twenty-First Century: Legal Philosophy And A New Look At Children's Welfare, Natalie Loder Clark
Michigan Journal of Gender & Law
This paper will turn to philosophy to seek material for limiting the exercise of parens patriae power. A significant reduction of the government's role will better serve the modern concern for child rearing which is this century's re-definition of best interests.
Second-Parent Adoption, Patricia J. Falk
Second-Parent Adoption, Patricia J. Falk
Law Faculty Articles and Essays
The topic of this article is second-parent adoption. I hope to accomplish four things in my discussion. First, I will define second-parent adoption and give some reasons that it is desirable for both parents and children. Second, I will summarize the state of the law in terms of legislative enactments and case law in the United States. Third, I will discuss the role of social science in second-parent adoption cases. Finally, I will discuss some of the implications of recognizing second-parent adoptions.
Murder By Child Abuse—Who's Responsible After State V. Jackson? , Christine A. Martin
Murder By Child Abuse—Who's Responsible After State V. Jackson? , Christine A. Martin
Seattle University Law Review
Currently, under Washington law, a passive parent is not legally responsible for the death of his or her child from abuse. State v. Jackson is a horrific illustration of the gaps in Washington's law regarding the issue of who is responsible for the death of a child by abuse. Because passive parents should be held responsible for the death of their child from abuse, and because Washington's current laws are inadequate, Washington's legislature should create a special statute that would hold both abusive and passive parents culpable for the death of a child resulting from abuse.
Baltimore City’S Child-Focused Court, Barbara A. Babb, Judith D. Moran
Baltimore City’S Child-Focused Court, Barbara A. Babb, Judith D. Moran
All Faculty Scholarship
No abstract provided.
Second-Parent Adoption By Same-Sex Couples In Ohio: Unsettled And Unsettling Law, Susan J. Becker
Second-Parent Adoption By Same-Sex Couples In Ohio: Unsettled And Unsettling Law, Susan J. Becker
Law Faculty Articles and Essays
Ohio law regarding second-parent adoptions remains unsettled. Section II of this article provides an overview of Ohio adoption law. Section III presents the case of In re Jane Doe, starting with the decision of the lesbian couple to jointly bring a child into this world, and continuing with the efforts of both mothers to obtain legal recognition for the de facto parent's status through adoption, and the legal strategies employed by the mothers' attorneys, also addressed are the court-appointed Guardian Ad Litem (GAL), the social science data supplied by the amicus curiae to help the court reach a fully informed …
In The Best Interest Of The Child: What Have We Learned From Baby Jessica And Baby Richard, 33 J. Marshall L. Rev. 353 (2000), Gregory A. Kelson
In The Best Interest Of The Child: What Have We Learned From Baby Jessica And Baby Richard, 33 J. Marshall L. Rev. 353 (2000), Gregory A. Kelson
UIC Law Review
No abstract provided.
The Undue Burden: Parental Notification Requirements For Publicly Funded Contraception, Stephanie Bornstein
The Undue Burden: Parental Notification Requirements For Publicly Funded Contraception, Stephanie Bornstein
UF Law Faculty Publications
This article analyzes the legal impact of legislative proposals in 1998 and 1999 to require parental notification for minors seeking publicly funded contraception. Part I explores the history of Title X and some of its amendments, the HHS interpretive “squeal rule,” and the federal courts' rejection of the HHS rule based on the congressional intent behind Title X. Part II focuses on the Parental Notification Act of 1998 and its likelihood for success against a constitutional challenge, based on an analysis of precedent on parental consent requirements for contraception and abortion. Part III discusses the change in the legislative and …
The Kidnapping Of Edgardo Mortara: Contemporary Lessons In The Child Welfare Wars, Bruce A. Boyer, Steven Lubet
The Kidnapping Of Edgardo Mortara: Contemporary Lessons In The Child Welfare Wars, Bruce A. Boyer, Steven Lubet
Faculty Publications & Other Works
No abstract provided.
Termination Of Older Youth From Foster Care: A Protocol For Illinois, Laurene Heybach, Stacey E. Platt
Termination Of Older Youth From Foster Care: A Protocol For Illinois, Laurene Heybach, Stacey E. Platt
Faculty Publications & Other Works
No abstract provided.
The Alienation Of Fathers, Linda Kelly
The Alienation Of Fathers, Linda Kelly
Michigan Journal of Race and Law
By evaluating immigration and custody law from a father's perspective and thereby uncovering and addressing the biases held against men, both fathers and mothers will achieve greater recognition. Beyond revealing gender discrimination, such a study also demonstrates the disparate views still harbored toward unmarried parents. Examining custody and immigration law with an emphasis on these issues will hopefully foster a dialogue that brings the law in line with the reality of today's families and promotes each family member's individual potential.
When Daddy Wants Out: The Issue Of Paternity, Jane C. Murphy, Cheri Wyron Levin
When Daddy Wants Out: The Issue Of Paternity, Jane C. Murphy, Cheri Wyron Levin
All Faculty Scholarship
Perhaps you've seen the signs along a number of major highways in Maryland. A pregnant Mona Lisa advertising a DNA testing company with the caption "Who's the Daddy?" With the rise in the number of children born out of wedlock in Maryland in the last several decades, paternity testing is becoming routine and family law practitioners are handling more cases in which the father or mother or both are trying to change who is named as the legal father in a paternity or divorce judgment. The law governing such cases has changed substantially since 1995. This article will guide the …
Collecting Child Support: A History Of Federal And State Initiatives, Jane C. Murphy, Naomi R. Cahn
Collecting Child Support: A History Of Federal And State Initiatives, Jane C. Murphy, Naomi R. Cahn
All Faculty Scholarship
In this article we sketch an overview of the increasing federal involvement in the child-support area. Because the federal role has grown so dramatically over the past 25 years, family law practitioners need to understand the different federal programs and requirements that affect state management of child-support programs. While for many low-income parents state agencies handle child-support establishment and collection, the federalization of child support has practical implications when it comes to both establishing and enforcing child support. For example, as the time limits of the Personal Responsibility and Work Opportunity Reconciliation Act begin to have their effects, child support …
Challenging The Parent-Child-State Triangle In Public Family Law: The Importance Of Private Providers In The Dependency System, Susan Vivian Mangold
Challenging The Parent-Child-State Triangle In Public Family Law: The Importance Of Private Providers In The Dependency System, Susan Vivian Mangold
Buffalo Law Review
No abstract provided.
When Equal Opportunity Meets Freedom Of Expression: Student-On-Student Sexual Harassment And The First Amendment In School, Kay P. Kindred
When Equal Opportunity Meets Freedom Of Expression: Student-On-Student Sexual Harassment And The First Amendment In School, Kay P. Kindred
Scholarly Works
Sexual harassment can take a variety of forms. It can be verbal, nonverbal or physical. Often it takes the form of hateful and harassing speech. In the AAUW Survey, 76% of the girls and 56 % of the boys surveyed had been the target of sexual comments, jokes, gestures or looks. Even when the harassment includes physical contact of some nature, it is typically accompanied or preceded by verbal harassment. While school officials and parents look for solutions to these problems, courts are struggling with the questions as well. In recent years, the problem of student-on-student sexual harassment has found …
University Of Richmond Law Review
University Of Richmond Law Review
University of Richmond Law Review
No abstract provided.
Domestic Violence, Substance Abuse And Child Welfare: The Legal System's Response, Jane C. Murphy, Margaret J. Potthast
Domestic Violence, Substance Abuse And Child Welfare: The Legal System's Response, Jane C. Murphy, Margaret J. Potthast
All Faculty Scholarship
This Article begins by exploring and documenting the connections between domestic violence, substance abuse, and child abuse. Part II of the Article examines the legal system's response to child protection cases in which maternal abuse and, in some cases, substance abuse are present. This section begins by describing the shifting theories underlying child welfare in this country. It then contrasts these theories with child welfare practice by reporting the results of a study of eighty-five Child in Need of Assistance (CINA) cases in four jurisdictions in Maryland. Although the study examines a limited sample, the cases examined confirm the strong …
Rules, Responsibility And Commitment To Children: The New Language Of Morality In Family Law, Jane C. Murphy
Rules, Responsibility And Commitment To Children: The New Language Of Morality In Family Law, Jane C. Murphy
All Faculty Scholarship
Part One of this Article explores the meaning of morality by briefly reviewing a variety of attempts to explore the meaning of moral conduct. This Section draws on a variety of contemporary moral philosophers who have built on the classical tradition to develop a broader definition of moral behavior. This discussion provides a context for the current debate about the meaning of morality in family law and moral discourse in the no-fault era. Part One also reviews the historical debate about how law should strike a balance between promoting communitarian values and respecting autonomy and individual rights. The Article argues …
Foreword, Elizabeth S. Scott
Foreword, Elizabeth S. Scott
Faculty Scholarship
In November 1998, the interdisciplinary Center for Children, families and the Law at the University of Virginia sponsored a conference on Youth Violence and Juvenile Justice Reform. The conference brought together an extraordinary group of experts from the academic disciplines of law, criminology and psychology. Before an audience made up of researchers, students, policymakers, and practitioners in the field of juvenile justice, these experts analyzed legal policy toward juvenile crime from a variety of disciplinary and methodological perspectives. The articles in this important symposium issue of the Virginia Journal of Social Policy & the Law are based on the papers …
A Child's Right To Physical Integrity, Suellyn Scarnecchia
A Child's Right To Physical Integrity, Suellyn Scarnecchia
Articles
As we wring our hands over increasing reports of severe child abuse and how violent many of our children have become, it might be time to reassess policies that give parents and others the license to use even the most mild forms of violence against our children.
Spare The Rod, Embrace Our Humanity: Toward A New Legal Regime Prohibiting Corporal Punishment Of Children, Susan H. Bitensky
Spare The Rod, Embrace Our Humanity: Toward A New Legal Regime Prohibiting Corporal Punishment Of Children, Susan H. Bitensky
University of Michigan Journal of Law Reform
This article proceeds from the simple premise that hitting children hurts them-even when the hitting does not rise to the level of child abuse as traditionally conceived. There is convincing evidence that corporal punishment is a hidden cruelty in child rearing that has serious adverse consequences for its victims and society at large. Yet forty-nine states permit parental corporal punishment of children and approximately half of the states permit such punishment in elementary and secondary schools The main purpose of this Article is to question the advisability of continuing the legalized status of corporal punishment of children in the United …
Blood Ties: A Rationale For Child Visitation By Legal Strangers, John Dewitt Gregory
Blood Ties: A Rationale For Child Visitation By Legal Strangers, John Dewitt Gregory
Washington and Lee Law Review
No abstract provided.
Chilling Child Abuse Reporting: Rethinking The Capta Amendments, Caroline T. Trost
Chilling Child Abuse Reporting: Rethinking The Capta Amendments, Caroline T. Trost
Vanderbilt Law Review
On a December night in 1993, Gregory Bryant-Bruce, age six months, was rushed to Vanderbilt University Medical Center Emergency Room for treatment of severe anemia, shock, and abnormally low hematocrit.' A CT scan revealed brain hemorrhaging, and a physical examination showed retinal hemorrhages of varying ages. Retinal bleeding in a young child is almost always caused by traumatic injury, and is considered to be a classic sign of "Shaken Impact Syndrome" ("SIS"), a life-threatening and relatively common form of child abuse. Thus, on the basis of Gregory's symptoms and the in- adequacy of his parents' explanation of his injuries, Gregory's …
Spanking And Other Corporal Punishment Of Children By Parents: Undervaluing Children, Overvaluing Pain, David Orentlicher
Spanking And Other Corporal Punishment Of Children By Parents: Undervaluing Children, Overvaluing Pain, David Orentlicher
Scholarly Works
No abstract provided.
University Of Richmond Law Review
University Of Richmond Law Review
University of Richmond Law Review
No abstract provided.