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Quacking Like A Duck? Functional Parenthood Doctrine And Same-Sex Parents, Katharine Baker 2017 Chicago-Kent College of Law

Quacking Like A Duck? Functional Parenthood Doctrine And Same-Sex Parents, Katharine Baker

All Faculty Scholarship

Part I of this article introduces the tension between constitutionally protected parental autonomy rights and functional parent doctrine by examining the constitutional rights of parents. This examination demonstrates how the marital status of a parent has a substantial impact on the strength of that parent's constitutional rights. In cases in which there are two unmarried (never married or divorced) parents, neither parent has particularly robust constitutionally protected autonomy rights because both parents have competing constitutional rights that must be balanced against each other. Each parent has the right to invoke a court's jurisdiction in vindication of his or her own …


Hindering Permanency, One Ineffective Assistance Of Counsel Claim At A Time, Michael Andriano Esq. 2017 Barry University School of Law

Hindering Permanency, One Ineffective Assistance Of Counsel Claim At A Time, Michael Andriano Esq.

Child and Family Law Journal

No abstract provided.


Whither The Functional Parent? Revisiting Equitable Parenthood Doctrines In Light Of Same-Sex Parents’ Increased Access To Obtaining Formal Legal Parent Status, Jessica Feinberg 2017 Mercer University School of Law

Whither The Functional Parent? Revisiting Equitable Parenthood Doctrines In Light Of Same-Sex Parents’ Increased Access To Obtaining Formal Legal Parent Status, Jessica Feinberg

Articles

Until relatively recently, the law did not provide avenues through which both members of a same-sex couple could gain recognition as the parents of the children they were raising together. Instead, generally only the member of the same-sex couple who was the child’s biological parent was recognized as the child’s legal parent, and the nonbiological parent was considered a legal stranger to the child. Historically, nonbiological parents in same-sex relationships could not gain legal parent status because the traditional avenues for establishing legal parent status in the United States have been based upon biology, marriage, and adoption. Since joint biological …


In The Courts: Parenting Time And Joint Decisions, Britney Retess 2017 Loyola University Chicago, School of Law

In The Courts: Parenting Time And Joint Decisions, Britney Retess

Children's Legal Rights Journal

No abstract provided.


Table Of Contents, Children's Legal Rights Journal 2017 Loyola University Chicago, School of Law

Table Of Contents, Children's Legal Rights Journal

Children's Legal Rights Journal

No abstract provided.


Escaping The Icwa Penalty Box: In Defense Of Equal Protection For Indian Children, Timothy Sandefur 2017 Loyola University Chicago, School of Law

Escaping The Icwa Penalty Box: In Defense Of Equal Protection For Indian Children, Timothy Sandefur

Children's Legal Rights Journal

No abstract provided.


Kentucky's Guardian Ad Litem Litigation: A Model For Seeking Role Clarity, Amy E. Halbrook 2017 Loyola University Chicago, School of Law

Kentucky's Guardian Ad Litem Litigation: A Model For Seeking Role Clarity, Amy E. Halbrook

Children's Legal Rights Journal

No abstract provided.


Distributing Children As Property: The Best Interest Of The Children Or The Best Interest Of The Parents?, Darya Hakimpour 2017 Loyola University Chicago, School of Law

Distributing Children As Property: The Best Interest Of The Children Or The Best Interest Of The Parents?, Darya Hakimpour

Children's Legal Rights Journal

No abstract provided.


Spotlight On: National Organization On Fetal Alcohol Syndrome, Joanna Pawlowska 2017 Loyola University Chicago, School of Law

Spotlight On: National Organization On Fetal Alcohol Syndrome, Joanna Pawlowska

Children's Legal Rights Journal

No abstract provided.


Statistically Speaking: The Numbers Behind Cybercrimes, Nana Otutua-Amoah 2017 Loyola University Chicago, School of Law

Statistically Speaking: The Numbers Behind Cybercrimes, Nana Otutua-Amoah

Children's Legal Rights Journal

No abstract provided.


Reviews: Poor Kids: A Child's Perspective Of Living In Poverty, Elizabeth Jahn 2017 Loyola University Chicago, School of Law

Reviews: Poor Kids: A Child's Perspective Of Living In Poverty, Elizabeth Jahn

Children's Legal Rights Journal

No abstract provided.


Table Of Contents, Children's Legal Rights Journal 2017 Loyola University Chicago, School of Law

Table Of Contents, Children's Legal Rights Journal

Children's Legal Rights Journal

No abstract provided.


The War On Syrian Girls: Supporting The Criminalization Of Sex-Related Violence And Trafficking Of Minor Refugees, Megan Rossman 2017 Loyola University Chicago, School of Law

The War On Syrian Girls: Supporting The Criminalization Of Sex-Related Violence And Trafficking Of Minor Refugees, Megan Rossman

Children's Legal Rights Journal

No abstract provided.


Symposium Article: Transhuman Babies And Human Pariahs: Genetic Engineering, Transhumanism, Society And The Law', Alexandra M. Franco 2017 Loyola University Chicago, School of Law

Symposium Article: Transhuman Babies And Human Pariahs: Genetic Engineering, Transhumanism, Society And The Law', Alexandra M. Franco

Children's Legal Rights Journal

No abstract provided.


For The Good Of The Group: Using Class Actions And Impact Litigation To Turn Child Welfare Policy Into Practice In Illinois, Emma McMullen 2017 Loyola University Chicago, School of Law

For The Good Of The Group: Using Class Actions And Impact Litigation To Turn Child Welfare Policy Into Practice In Illinois, Emma Mcmullen

Children's Legal Rights Journal

No abstract provided.


Legislative Update: Indiana's Lifeline Law: Protecting Youth Instead Of Prosecuting Them, Britney Pennycook 2017 Loyola University Chicago, School of Law

Legislative Update: Indiana's Lifeline Law: Protecting Youth Instead Of Prosecuting Them, Britney Pennycook

Children's Legal Rights Journal

No abstract provided.


Around The World: The Rights Of Children In Our Changing Climate, Lori Probasco 2017 Loyola University Chicago, School of Law

Around The World: The Rights Of Children In Our Changing Climate, Lori Probasco

Children's Legal Rights Journal

No abstract provided.


In The Courts: Insulating Illinois Teens From Prosecution For Non-Threatening Non-Obscene Forms Of Cyber Bullying, Samantha Salvi 2017 Loyola University Chicago, School of Law

In The Courts: Insulating Illinois Teens From Prosecution For Non-Threatening Non-Obscene Forms Of Cyber Bullying, Samantha Salvi

Children's Legal Rights Journal

No abstract provided.


Interview With: The Lead Safe Housing Rule: A Step In The Right Direction, Matthew Wagar 2017 Loyola University Chicago, School of Law

Interview With: The Lead Safe Housing Rule: A Step In The Right Direction, Matthew Wagar

Children's Legal Rights Journal

No abstract provided.


Legislative Update: Helping Families In Mental Health Crisis Act, Alexis Jablon 2017 Loyola University Chicago, School of Law

Legislative Update: Helping Families In Mental Health Crisis Act, Alexis Jablon

Children's Legal Rights Journal

No abstract provided.


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