Family Law Commons^™

In The Matter Of The Guardianship Of A.L.R.-Q., A.R.W., And A.M.W., Minor Protected Persons, 141 Nev. Adv. Op. 66 (Dec. 23, 2025), Karin Tidgewell

Nevada Supreme Court Summaries

In the Matter of the Guardianship of A.L.R.-Q., A.R.W., and A.M.W., Minor Protected Persons, the Court of Appeals held protected minors’ guardians have procedural due process rights of notice and a meaningful opportunity to be heard before removal or termination of guardianship.

A Modest Proposal: Is Covenant Marriage A Reasonable Accommodation For Religious Faith Or State-Sponsored Theology?, Breck Radulovic

Chicago-Kent Law Review

No abstract provided.

A Zealous Advocate, A Robust Cross: Cross-Examination Of Non-Adverse Witnesses By The Guardian Ad Litem, Scott Swain

BYU Law Review

“When the lives and fundamental rights of children are at stake, there must be no silent witnesses.”1 — Carol Bellamy

Systemic pressures in child welfare litigation regularly lead guardian ad litem attorneys to default to the positions and recommendations of state social services. In such cases, witnesses called by the state in trials and evidentiary hearings are non-adverse to the guardian ad litem. This dynamic undermines the purposes of cross-examination rules, threatening the procedural interests of the parties involved. This paper will use a procedural due process balancing test to guide its analysis as it proposes three potential solutions: a …

Understanding Florida's Hb 1105: What Parents Need To Know About The End Of Special Education Certificates Of Completion, Noelle Mercer, Valerie Sheehe, Joshua Wilkenson

Gator Team Child Juvenile Law Clinic

The goal of this white paper is to explain the implications of HB 1105 for students with disabilities and their families. It outlines the background of Florida’s previous graduation framework, describes the new diploma options now available, and explores both the potential benefits and challenges of this transition. Finally, it provides practical guidance for parents, including steps to take within Individualized Education Plan (IEP) meetings, questions to ask school administrators, and community resources that can assist families navigating this change.

Pronatalism In The United States: How Political Ideals Surrounding Family And Reproductive Health Care Contribute To Neglect In The Foster Care System, Carson Sebree

Undergraduate Honors Theses

Within the past decade, conservative reproductive politics in the United States have experienced an ideological shift from pro-life toward pronatalism. This has been intensified through the rollback of reproductive rights and the rise of Christian nationalism. However, there has been no commensurate additional funding for the foster care system. This project asks the interrelated questions of: “how is pronatalism linked to neglect within the foster care system?; and, how do theories of democratic care highlight the necessity to rethink support for the foster care system and create policies that will address its shortcomings, given the rise of pronatalist aw and …

How “Cooling Off” Periods Endanger The Vulnerable: A 50-State Study Of Mandatory Separation Periods In No-Fault Divorce, Melody Mostow

Northwestern Journal of Law & Social Policy

Mandatory separation periods in no-fault divorce neither advance their stated policy goals nor comport with contemporary understandings of marital dynamics, domestic abuse, or child welfare. Although mandatory separation periods are held out as tools to promote reconciliation and deter impulsive divorces, such rationales lack empirical support. Because family law in the United States is determined at the state level, this Article examines state laws that require couples to live apart in varying restrictive capacities before obtaining a no-fault divorce. To that end, this Article presents the first comprehensive 50-state study of such requirements. Research demonstrates that these laws do not …

Bridging The Rural Justice Gap: A Scalable Solution Rooted In Clinical Legal Education, Michelle Paxton

Northwestern Journal of Law & Social Policy

The rural justice gap significantly impacts child welfare legal representation, exacerbating the challenges families face when navigating juvenile courts in rural America. Attorneys in these communities frequently encounter geographic isolation, limited access to specialized training, professional burnout, and inadequate resources, all of which hinder effective advocacy for vulnerable children and families.

This article argues that clinical legal education, when paired with structured post-graduate training and multidisciplinary consultation, offers a replicable model for addressing the rural attorney shortages in juvenile court advocacy. The Nebraska Children’s Justice and Legal Advocacy Center (NCJC) illustrates how this model can be designed and scaled to …

Law School News: Coming Full Circle: A Career With The Hague 12-3-2025, Andrew Clark

Life of the Law School (1993- )

No abstract provided.

Before Meyer And Pierce, Joshua Gupta-Kagan

Faculty Scholarship

In the standard story taught in typical Parents, Children, and the State or Children & the Law courses, analysis of parental rights has a clear beginning. In 1923, at the height of the Lochner era, in Meyer v. Nebraska, a case of first impression, the U.S. Supreme Court declared that “[w]ithout doubt” the Due Process Clause protected the right “to marry [and] establish a home and bring up children.” Two years later, in Pierce v. Society of Sisters, the Court recognized “the liberty of parents and guardians to direct the upbringing and education of children under their control.” …

Self-Determination Through Children's Rights: Resisting The Paradoxical Pretext Of Parents' Rights Legislation, Jeremiah Chin

Washington Law Review

Washington state law balances the interests of parents and the state in education, healthcare, and the general wellbeing of children. Despite the fact that children are at the center of emerging controversies, children’s rights are rarely discussed in state legislation debating the obligations and relationships between the state of Washington and parents. In education, for example, RCW 28A.605.005 finds “[p]arents are the primary stakeholders in their children’s upbringing.” While this may be true relative to the state, it overlooks the fact that children are the primary actors, agents, and rights bearers in their own personhood. This Article therefore considers ongoing …

Incomplete Protection: How Sijs Perpetuates Family Separation And Restricts Rights Of Immigrant Youth, Lillian Schmoker

Journal of Law and Policy

In 1990, Congress enacted the Immigration Act, amending the Immigration and Nationality Act to provide qualifying young immigrants with a pathway to residency and citizenship. Through the new Act, Congress created Special Immigrant Juvenile Status (“SIJS”) to protect immigrant children in a similar way as the domestic foster care system protected U.S. citizen children. An immigrant child may qualify for SIJS if they are under the age of twenty-one, unmarried, and cannot be reunified with one or both of their parents due to abuse, neglect, or abandonment. Many SIJS cases involve a claim of harm against only one parent, with …

Should The Army Be Involved In Divorce? Re-Examining The Pre-Divorce Defaults For Spousal Support, Artem M. Joukov, Thomas Godfrey

MC Law Review

Army Regulation 608-99 assigns a large portion of a Soldier’s paycheck to the spouse upon marital separation. The assignment occurs without a hearing, discovery, or consideration of critical evidence which might moderate the amount of support. The obligation rests on the Soldier to obtain a court order or spousal agreement to reduce the financial burden. The adversarial nature of modern divorces renders these requirements unrealistic. Amending the regulation would ease the burden of the Soldier, which is desirable in light of the ongoing recruitment crisis and the need to attract recruits and retain those already in the service.

Oshiro V. Oshiro [State Of Nevada], 141 Nev. Adv. Op. 59 (Nov. 26, 2025), Richard Reid

Nevada Supreme Court Summaries

No abstract provided.

Gill V. Gill, 141 Nev. Adv. Op. 58 (Nov. 26, 2025), Shahana Polselli

Nevada Supreme Court Summaries

No abstract provided.

9th Annual Stonewall Lecture Series: Safeguarding Rights In A Changing Landscape: How Rhode Island Is Protecting The Lgbtq+ Community Through Its Constitution 11-13-2025, Roger Williams University School Of Law

School of Law Conferences, Lectures & Events

No abstract provided.

Investigating The Relationship Between Noun Classes And Plant Folk Taxonomy In Chasu Language Of Kilimanjaro Region In Tanzania, Peter Rabson Mziray

Journal of Humanities and Social Sciences

The current study investigates the relationship between noun classes and plant folk taxonomy in Chasu (G 22). The study focuses on two objectives: the first objective is to describe the plant folk taxonomy in Chasu and the second objective is to determine the relationship between noun classes and plant folk taxonomy in Chasu. Data were collected from rural villages in Same and Mwanga districts by using free listing, field interviews (jungle-walk-and-identify), and written texts containing Chasu plant names. The findings reveal that Chasu folk taxonomy reflects different ethnobotanical categories; including a unique beginner which is mmea/mimea ‘plant(s)’, and three life …

Navigating The Complex Landscape Of Surrogacy: What Mediators Need To Know, Kukin Program For Conflict Resolution, Family And Divorce Mediation Council

2025 Event Invitations

Join legal experts Rebecca L. Mendel, Esq. and Denise E. Seidelman, Esq.—key drafters of New York’s Child Parent Security Act (CPSA)—for a thought-provoking CLE program examining how the CPSA revolutionized reproductive rights by legalizing compensated surrogacy. This session will delve into the law’s far-reaching impact on parental rights, ethical decision-making in assisted reproductive technology (ART), and the mediator’s role in navigating surrogacy agreements and related disputes.

Modernizing Family Courts: How Technology-Driven Triage Improves Access To Justice For Self- Represented Litigants And Enhances Efficiency For Lawyers, Ayyoub Ajmi, Alicia Davis

Faculty Works

Family courts are overwhelmed by rising caseloads, increasing parental conflict, and limited judicial resources. With 80–90% of litigants self-represented (SRLs), case delays and inefficiencies affect all parties, including those with private counsel. High-conflict cases make up 10–30% of dockets, consuming judicial time and worsening outcomes for families, especially children. This article explores the Family Court Services Portal, a technology-driven triage tool designed to streamline family case processing, improve access to justice, and help courts allocate re- sources effectively. The portal integrates pre-screening triage automation, guiding parties through structured issue identification to support proportional judicial intervention and informed case management. Developed …

Ai Companions And The Lessons Of Family Law, Clare Huntington

Faculty Scholarship

Virtual friends and lovers powered by artificial intelligence are rapidly moving to the center of our emotional and social lives. Millions of people turn to AI companions every day for conversation, romance, sexual intimacy, therapy, and education. AI companionship holds promise, potentially reducing loneliness, supporting people without access to mental health treatment, helping students learn, and offering a judgment-free space for sensitive conversations. But AI companionship also raises significant concerns. The technology's addictiveness may exacerbate loneliness and can undermine human relationships. Therapy bots may prove more harmful than helpful. AI companions can be emotionally abusive. And their access to the …

Living Property, Joseph William Singer

Seattle University Law Review

The Supreme Court has increasingly defined property rights that are per se exempt from regulation in the absence of compensation, most recently in Cedar Point Nursery v. Hassid (2021) and Tyler v. Hennepin County (2023). The Court claims that it can identify property rights that are categorically protected from regulation by reference to history, tradition, and precedent. Yet this approach is oddly ahistorical; it is inconsistent with the fact that property law changed dramatically over U.S. history, as well as varying tremendously among the states. It is also inconsistent with the historical context of the Founding era. At that time, …