Family Law Issues For Same-Sex Couples In The Aftermath Of Minnesota's Same-Sex Marriage Law: A Family Law Attorney's Perspective,
2015
Mitchell Hamline School of Law
Family Law Issues For Same-Sex Couples In The Aftermath Of Minnesota's Same-Sex Marriage Law: A Family Law Attorney's Perspective, Gary A. Debele
William Mitchell Law Review
No abstract provided.
Forfeiture Of Confrontation Rights And The Complicated Dynamics Of Domestic Violence: Some Thoughts Inspired By Myrna Raeder,
2015
Indiana University Maurer School of Law
Forfeiture Of Confrontation Rights And The Complicated Dynamics Of Domestic Violence: Some Thoughts Inspired By Myrna Raeder, Aviva A. Orenstein
Articles by Maurer Faculty
In this essay and memorial to my friend and colleague, Myrna Raeder, I examine forfeiting the right of confrontation in the context of domestic violence cases. In 2004, Crawford v. Washington the United States Supreme Court reinterpreted the Sixth Amendment, requiring that for “testimonial statements” to be offered against the accused, the speaker must appear in court, or, if unavailable, must have been subject to cross-examination previously. The practical effect of Crawford was to exclude many out-of-court statements that had previously been admissible. Nowhere was the effect of Crawford more striking than in domestic violence cases, where victims often make …
Non-Marital Families And (Or After?) Marriage Equality,
2015
Indiana University Maurer School of Law
Non-Marital Families And (Or After?) Marriage Equality, Deborah A. Widiss
Articles by Maurer Faculty
If, as is widely expected, the Supreme Court soon holds that bans on same-sex marriage are unconstitutional, it is almost certain that the decision will rely heavily on the Court’s reasoning in United States v. Windsor. I strongly support marriage equality. However, a decision that amplifies Windsor’s conception of the harm caused by exclusionary marriage rules could set back efforts to secure legal recognition of, and respect for, non-marital families. That is, Windsor rectified a deep inequality in the law—that same-sex marriages were categorically denied federal recognition—but in so doing it embraced a traditional understanding of marriage as superior to …
In The Name Of The Child: Race, Gender, And Economics In Adoptive Couple V. Baby Girl,
2015
University of Connecticut School of Law
In The Name Of The Child: Race, Gender, And Economics In Adoptive Couple V. Baby Girl, Bethany Berger
Faculty Articles and Papers
On June 25, 2013, the Supreme Court decided Adoptive Couple v. Baby Girl, holding that the Indian Child Welfare Act did not permit the Cherokee father in that case to object to termination of his parental rights. The case is ostensibly about a dispute between prospective adoptive parents and a biological father. This Article demonstrates that it is about a lot more than that. It is a microcosm of anxieties about Indianness, race, and the changing nature of parenthood. While made in the name of the child, moreover, the decision supports practices and policies that do not forward and may …
Legislating Labors Of Love: Revisiting Commercial Surrogacy In New York,
2015
Indiana University Maurer School of Law
Legislating Labors Of Love: Revisiting Commercial Surrogacy In New York, Deborah Machalow
Indiana Law Journal
After over twenty years of status quo, the New York Legislature has an opportunity to liberalize its surrogacy laws whether during this legislative session or the next. By adopting the proposals with the suggested changes, the Legislature would simultaneously bring the law into conformity with the desires of many New Yorkers and recognize important technological developments. The proposals are marked improvements on the present prohibitory regime; however, they are not perfect. The legislature should consider further protections for the parties to surrogacy arrangements and amend the proposals accordingly. The legislature’s renewed interest in the topic is refreshing; this interest should …
Taming The Tigers: Domestic Violence, Legal Professionalism, And Well-Being,
2015
Penn State Law
Taming The Tigers: Domestic Violence, Legal Professionalism, And Well-Being, Jill C. Engle
Faculty Scholarship
Domestic violence kills thousands of American women every year. In 2013, one of them was my client. My law school clinic represented a woman divorcing her abusive husband after twenty years of marriage. Three days after we served him with the divorce complaint, he walked into the grocery store where she worked and shot her dead. He then turned the gun on himself, and died from self-inflicted gunshot wounds. The lead student working her case listened in horror as one of our local colleagues who had heard the breaking news described it to her in a phone call to the …
Children’S Health In A Legal Framework,
2015
Fordham University School of Law
Children’S Health In A Legal Framework, Clare Huntington, Elizabeth S. Scott
Faculty Scholarship
The interdisciplinary periodical Future of Children has dedicated an issue to children’s health policy. This contribution to the issue maps the legal landscape influencing policy choices. The authors demonstrate that in the U.S. legal system, parents have robust rights, grounded in the Constitution, to make decisions concerning their children’s health and medical treatment. Following from its commitment to parental rights, the system typically assumes the interests of parents and children are aligned, even when that assumption seems questionable. Thus, for example, parents who would limit their children’s access to health care on the basis of the parents’ religious belief have …
For The Title Ix Civil Rights Movement: Congratulation And Cautions,
2015
Wayne State University
For The Title Ix Civil Rights Movement: Congratulation And Cautions, Nancy Chy Cantalupo
Law Faculty Research Publications
No abstract provided.
Principles Of Contract Law Applied To Entertainment And Sports Contracts: A Model For Balancing The Rights Of The Industry With Protecting The Interests Of Minors,
2015
Loyola Marymount University and Loyola Law School
Principles Of Contract Law Applied To Entertainment And Sports Contracts: A Model For Balancing The Rights Of The Industry With Protecting The Interests Of Minors, John H. Shannon, Richard J. Hunter Jr.
Loyola of Los Angeles Law Review
This Article discusses the context of common law and statutory materials dealing with minors who participate in the entertainment and sports fields. The Article describes the changes undertaken as a result of several notorious cases involving prominent child actors, and how the California legislature dealt with issues ranging from set asides of income, approval of contracts by a competent court of jurisdiction, recognition of the legitimate interests of all parties to the contract, to principles under which a minor would be precluded from disaffirming a contract. The Article then applies and extends the principles developed in entertainment contracts to minors …
Troxel Revisited: A New Approach To Third-Party Childcare,
2015
University of Richmond
Troxel Revisited: A New Approach To Third-Party Childcare, Jeffrey A. Parness
Richmond Public Interest Law Review
This article will first explore the new de facto parent state laws originating in both statutes and cases. These laws often limit current parental decisionmaking about childcare due to an earlier conscious or implicit ceding of parental authority. The article will then examine current third-party childcare laws, including those specially addressing stepparents and grandparents. The analysis will show that such laws typically do not comparably limit current parental decisionmaking due to earlier ceding of parental authority, making third-party childcare more difficult because of requirements like "harm or potential harm to the child." Finally, the article suggests a new approach to …
Recent Children's Policy And Legislative Developments In Virginia: A Brief History, A Bright Future,
2015
University of Richmond
Recent Children's Policy And Legislative Developments In Virginia: A Brief History, A Bright Future, Christopher K. Peace, Jay Leftwich
Richmond Public Interest Law Review
In this piece, we will outline the structural and policy developments implemented in Virginia in recent years that set the stage for a sea change in children’s services in Virginia.
"I Now Pronounce You Husband And Wives": The Case For Polygamous Marriage After United States V. Windsor And Burwell V. Hobby Lobby Stores,
2015
University of Richmond
"I Now Pronounce You Husband And Wives": The Case For Polygamous Marriage After United States V. Windsor And Burwell V. Hobby Lobby Stores, Peter N. Swisher
Law Faculty Publications
The purpose of this article is to question the continuing validity of Reynolds in light of subsequent United States Supreme Court deci- sions, including-most recently-UnitedStates v. Windsor and Burwell v. Hobby Lobby Stores, Inc. Based upon these subsequent Supreme Court decisions, and the Religious Freedom Restoration Act of 1993, proponents of polygamous marriage now have a very strong case for validating polygamous marriages on cultural, religious, and constitutional grounds.
Divorce Equality,
2015
University of Richmond
Divorce Equality, Allison Anna Tait
Law Faculty Publications
The battle for marriage equality has been spectacularly successful, producing great optimism about the transformation of marriage. The struggle to revolutionize the institution of marriage is, however, far from over. Next is the battle for divorce equality. With the initial wave of same-sex divorces starting to appear on court dockets, this Article addresses the distinctive property division problems that have begun to arise with same-sex divorce and that threaten, in the absence of rule reform, to both amplify and reinscribe problems with the conventional marital framework. Courts have failed to realize the cornerstone concept of equitable distribution-marriage as an economic …
Parental Discipline Defense,
2015
St. Mary's University School of Law
Parental Discipline Defense, Sarah M. Dingivan, Anna B. Scott
Faculty Articles
Your office is notified that the daughter of a military member on your installation has been taken by ambulance to the hospital or that the state Child Protective Services has been called by a teacher at the child's school to report suspicious bruising. You get pictures taken of the injuries and something just does not seem right. The bruises are everywhere; they are in the distinct shape of a belt, her knees are scraped, her arms are black and blue and pictures taken the next day show bruising around both of her eyes. You talk to the young girl and …
Family Law And Nonmarital Families,
2015
Fordham University School of Law
Family Law And Nonmarital Families, Clare Huntington
Faculty Scholarship
No abstract provided.
Civil Protection Orders: Increased Access And Narrowed Enforcement,
2015
University of Nevada, Las Vegas -- William S. Boyd School of Law
Civil Protection Orders: Increased Access And Narrowed Enforcement, Courtney Cross
Scholarly Works
No abstract provided.
Separated At Adoption: Addressing The Challenges Of Maintaining Sibling-Of-Origin Bonds In Post-Adoption Families,
2015
University of Nevada, Las Vegas -- William S. Boyd School of Law
Separated At Adoption: Addressing The Challenges Of Maintaining Sibling-Of-Origin Bonds In Post-Adoption Families, Rebecca L. Scharf
Scholarly Works
This Article explores the ways children, many of whom are in foster care, are psychologically harmed by the law’s failure to ensure that the bonds they have with their siblings-of-origin are not permanently broken when one of the siblings is adopted; it therefore proposes ways that courts can better protect children from the psychological harm of having a biological sibling permanently removed from their life. It suggests that what is needed is a framework that allows visitation by biological siblings with whom children have formed attachments without unnecessarily intruding on the fundamental liberty interest of the adoptive parents at issue …
How Child Abuse Hotlines Hurt The Very Children They’Re Trying To Protect,
2015
University of Richmond
How Child Abuse Hotlines Hurt The Very Children They’Re Trying To Protect, Dale Margolin Cecka
Law Faculty Publications
The recent media obsession with “free range” parenting has illuminated a policy issue which rarely affects parents who debate free range parenting: the exploitation of child abuse reporting hotlines.
Children's Interests: An Annotated Bibliography, 2013-2015,
2015
University of Missouri - Kansas City, School of Law
Children's Interests: An Annotated Bibliography, 2013-2015, Nancy Levit
Faculty Works
No abstract provided.
Ethics And Matrimonial Representation Annotated Bibliography,
2015
University of Missouri - Kansas City, School of Law
Ethics And Matrimonial Representation Annotated Bibliography, Barbara Glesner Fines, Nancy Levit
Faculty Works
No abstract provided.
