Protecting Children's Right To Privacy In The Digital Age: Parents As Trustees Of Children's Rights,
2016
Loyola University Chicago, School of Law
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,
2016
Loyola University Chicago, School of Law
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,
2016
Loyola University Chicago, School of Law
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),
2016
UIC School of Law
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,
2016
Western University
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?,
2016
University of Baltimore Law
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 …
They['Ve] Got Eyes In The Sky: How The Family Educational Rights And Privacy Act Governs Body Camera Use In Public Schools,
2016
American University Washington College of Law
They['Ve] Got Eyes In The Sky: How The Family Educational Rights And Privacy Act Governs Body Camera Use In Public Schools, Sarah Pierce West
American University Law Review
No abstract provided.
Medical Decision Making For Youth In The Foster Care System, 49 J. Marshall L. Rev. 1103 (2016),
2016
UIC School of Law
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),
2016
UIC School of Law
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),
2016
UIC School of Law
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,
2016
Technological University Dublin
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 …
Independence And Immigration,
2016
American University Washington College of Law
Independence And Immigration, Amanda Frost
Scholarly Articles in Law Reviews & Journals
No abstract provided.
The Fact Of The Matter,
2016
American University Washington College of Law
The Fact Of The Matter, David Spratt
Scholarly Articles in Law Reviews & Journals
No abstract provided.
Minors, Parents, And Minor Parents,
2016
American University Washington College of Law
Minors, Parents, And Minor Parents, Maya Manian
Scholarly Articles in Law Reviews & Journals
As numerous scholars have noted, the law takes a strikingly incoherent approach to adolescent reproduction. States overwhelmingly allow a teenage girl to independently consent to pregnancy care and medical treatment for her child, and even to give up her child for adoption, all without notice to her parents, but require parental notice or consent for abortion. This Article argues that this oft-noted contradiction in the law on teenage reproductive decision-making is in fact not as contradictory as it first appears. A closer look at the law’s apparently conflicting approaches to teenage abortion and teenage childbirth exposes common ground that scholars …
Spousal Support Advisory Guidelines: The Revised User’S Guide,
2016
Dalhousie University Schulich School of Law
Spousal Support Advisory Guidelines: The Revised User’S Guide, Rollie Thompson, Carol Rogerson
Reports & Public Policy Documents
This Revised User’s Guide (which we sometimes call the “RUG”) updates and replaces the two previous versions: the original User’s Guide released in July 2008 with the Final Version of the Spousal Support Advisory Guidelines (SSAG); and the New and Improved User’s Guide which we produced in March 2010. The previous versions of the User’s Guide have frequently been cited by the courts in their decisions, and by lawyers in their arguments about the Advisory Guidelines. This version provides us with an opportunity to update the past five years of SSAG case law, as well as to address some practical …
Trial And Heirs: Antemortem Probate For The Changing American Family,
2016
Brooklyn Law School
Trial And Heirs: Antemortem Probate For The Changing American Family, Katherine M. Arango
Brooklyn Law Review
The notion of the traditional American family has changed due to complex family structures formed through remarriages, cohabitation, and same-sex couples. Freedom of disposition is a guiding principle of inheritance law, whereby society recognizes the value in protecting one’s ability to acquire and transfer personal property at death. However, intestacy statutes are antiquated and have failed to keep pace with the rise of the modern American family, thus leaving the right to freedom of disposition uncertain and vulnerable for a large population. A will is a way of opting out of intestacy, but given that a will is frequently the …
The Return Of Coverture,
2016
University of Richmond School of Law
The Return Of Coverture, Allison Anna Tait
Michigan Law Review First Impressions
Once, the notion that husbands and wives were equal partners in marriage seemed outlandish and unnatural. Today, the marriage narrative has been reversed and the prevailing attitude is that marriage has become an increasingly equitable institution. This is the story that Justice Kennedy told in Obergefell v. Hodges, in which he described marriage as an evolving institution that has adapted in response to social change such that discriminatory marriage rules no longer apply. Coverture exemplifies this change: marriage used to be deeply shaped by coverture rules and now it is not. While celebrating the demise of coverture, however, the …
Protecting The Free-Range Kid: Recalibrating Parents' Rights And The Best Interest Of The Child,
2016
University of Idaho College of Law
Protecting The Free-Range Kid: Recalibrating Parents' Rights And The Best Interest Of The Child, David Pimentel
Articles
No abstract provided.
Towards Reasonable: The Rise Of State Pregnancy Accommodation Laws,
2016
Seton Hall University School of Law
Towards Reasonable: The Rise Of State Pregnancy Accommodation Laws, Stephanie A. Pisko
Michigan Journal of Gender & Law
In light of the recent Supreme Court decision Young v. UPS, pregnancy accommodation in the workplace is once again at the forefront of employment law. Pregnancy is not considered a disability under the ADA, nor is it within the scope of Title VII protections, but states are passing their own pregnancy accommodation laws. These laws will affect employers and employees alike, but exactly how is uncertain. Perhaps the most natural (and obvious) result of the explosion of state pregnancy accommodation laws will be a federal law, or an amendment to the ADA categorizing pregnancy as a disability. But there …
The Incest Horrible: Delimiting The Lawrence V. Texas Right To Sexual Autonomy,
2016
University of Michigan Law School
The Incest Horrible: Delimiting The Lawrence V. Texas Right To Sexual Autonomy, Y. Carson Zhou
Michigan Journal of Gender & Law
Is the criminalization of consensual sex between close relatives constitutional in the wake of Lawrence v. Texas and Obergefell v. Hodges? Justice Scalia thought not. The substantive due process landscape has changed dramatically in response to the LGBTQ movement. Yet, when a girl in a sexual relationship with her father recently revealed in an anonymous interview with New York Magazine that they were planning to move to New Jersey, one of the only two states where incest was legal, the New Jersey legislature introduced with unprecedented speed a bill criminalizing incest. But who has the couple harmed? The very …
