What About The Children: How Children Of Same-Sex Couples Are Left Without State-Run Support,
2012
St. Mary's University
What About The Children: How Children Of Same-Sex Couples Are Left Without State-Run Support, Ann Kathryn Watson
The Scholar: St. Mary's Law Review on Race and Social Justice
States should enact legislation affording same-sex partners the same rights and responsibilities to their children as opposite-sex partners. Although federal law mandates specific duties owed to the child, the language is silent about whether it applies to same-sex partners. Moreover, Congress passed the Defense of Marriage Act (DOMA), which defines marriage as being between a man and a woman. Some states—namely Texas—have passed their own version of DOMA. These states have subsequently denied same-sex partners the same rights granted to opposite-sex partners—such as conservatorship, visitation, and child support. Same-sex partners have used DOMA as a legal strategy to either avoid …
Singing Songs In A Strange Land: The Plight Of Haitian Children In The Space Of International Adoption.,
2012
St. Mary's University
Singing Songs In A Strange Land: The Plight Of Haitian Children In The Space Of International Adoption., Glenys P. Spence
The Scholar: St. Mary's Law Review on Race and Social Justice
The best interests of children are not served by severing the familial bonds contemplated by international adoption law. Nonetheless, because of the high costs of the international adoption process, efforts to adopt their Haitian orphan relatives are ignored. In attempts to guarantee the “best interests of the child” are met, the United Nations Convention on the Rights of the Child (CRC) and the Hague Convention on the Protection of Children Co-Operative Respect of Intercountry Adoptions (Adoption Convention) were created as the two governing bodies of international adoption law. Global South countries, including Haiti, however, have not ratified the Adoption Convention. …
The Best Interest Of The Child And The Law ,
2012
Pepperdine University
The Best Interest Of The Child And The Law , Christian Reichel Van Deusen
Pepperdine Law Review
No abstract provided.
A Constitutional Right To Safe Foster Care - Time For The Supreme Court To Pay Its I.O.U.,
2012
Pepperdine University
A Constitutional Right To Safe Foster Care - Time For The Supreme Court To Pay Its I.O.U., Daniel L. Skoler
Pepperdine Law Review
No abstract provided.
Best Interests Of The Child: By Whose Definition? ,
2012
Pepperdine University
Best Interests Of The Child: By Whose Definition? , Harvey R. Sorkow
Pepperdine Law Review
No abstract provided.
Allocating The Costs Of Parental Free Exercise: Striking A New Balance Between Sincere Religious Belief And A Child's Right To Medical Treatment ,
2012
Pepperdine University
Allocating The Costs Of Parental Free Exercise: Striking A New Balance Between Sincere Religious Belief And A Child's Right To Medical Treatment , Paul A. Monopoli
Pepperdine Law Review
No abstract provided.
The Child's Right To Be Heard And Represented In Judicial Proceedings ,
2012
Pepperdine University
The Child's Right To Be Heard And Represented In Judicial Proceedings , Howard A. Davidson
Pepperdine Law Review
No abstract provided.
Medical Evidence In Cases Of Intrauterine Drug And Alcohol Exposure ,
2012
Pepperdine University
Medical Evidence In Cases Of Intrauterine Drug And Alcohol Exposure , Judith Larsen, Robert M. Horowitz, Ira J. Chasnoff
Pepperdine Law Review
No abstract provided.
The Los Angeles County Children's Court: A Model Facility For Child Abuse And Neglect Proceedings,
2012
Pepperdine University
The Los Angeles County Children's Court: A Model Facility For Child Abuse And Neglect Proceedings, Paul Boland
Pepperdine Law Review
No abstract provided.
Washington State Dependency Best Practices Report,
2012
University of Washington
Washington State Dependency Best Practices Report, Justice Bobbe J. Bridge, Michelle Ressa, Jacob D'Annunzio, Hathaway Burden, Dr. Sheri L. Hill, Lisa Kelly, Rose Wentz
Books
The judge's work in child abuse and neglect cases is among the most challenging of any judicial proceeding. The complexities are substantial. Such cases depend upon the exercise of discretion and good judgment together with the application of sound legal principles. The judge must call upon his or her most cherished skills—objectivity, wisdom, patience, and foresight—in circumstances of acute stress. Lives are literally at stake—the lives of the most vulnerable children and youth in our communities and the lives of families wracked by generations of poverty and despair. Families, children, and youth who have experienced intense trauma; who may be …
The Contraception Mandate,
2012
Northwestern Pritzker School of Law
Student Speech Rights In The Digital Age,
2012
Boston College Law School
Student Speech Rights In The Digital Age, Mary-Rose Papandrea
Florida Law Review
For several decades courts have struggled to determine when, if ever, public schools should have the power to restrict student expression that does not occur on school grounds during school hours. In the last several years, courts have struggled with this same question in a new context—the digital media. The dramatic increase in the number of student speech cases involving the Internet, mobile phones, and video cameras begs for a closer examination of the scope of school officials’ authority to censor the expression of minors as well as the scope of juvenile speech rights generally. This Article takes a close …
The Gunslinger To The Ivory Tower Came: Should Universities Have A Duty To Prevent Rampage Killings?,
2012
University of Florida Levin College of Law
The Gunslinger To The Ivory Tower Came: Should Universities Have A Duty To Prevent Rampage Killings?, Ben "Ziggy" Williamson
Florida Law Review
Virginia Tech was not the first university rampage killing for which victims or their families sought compensation, nor is it likely to be the last. Because the current state of the law is unclear, this Note explores whether universities should have a duty to identify and thwart students that pose a threat to the lives of other students. Part II traces the history of university rampage killings and the sparse legal history surrounding them. In light of that sparse legal history, Part III considers the Tarasoff case and its progeny, which impose upon some professionals a duty to protect third …
Constitutional Limits On The Right Of Government Investigations To Interview And Examine Alleged Victims Of Child Abuse Or Neglect,
2012
William & Mary Law School
Constitutional Limits On The Right Of Government Investigations To Interview And Examine Alleged Victims Of Child Abuse Or Neglect, Teri Dobbins Baxter
William & Mary Bill of Rights Journal
Investigating allegations of child abuse or neglect presents unique challenges, particularly if parents or guardians are the alleged perpetrators. Those accused of harming the children are in a position to prevent the victims from getting access to the help they need to escape their abuser(s). The courts have not clearly defined the federal constitutional boundaries of searches and seizures in this context. The Supreme Court, in particular, has not weighed in on the constitutionality of warrantless searches and seizures in connection with abuse and neglect investigations. This lack of Supreme Court guidance has led to unpredictable and sometimes conflicting opinions …
Mobility Measures,
2012
Brigham Young University Law School
Mobility Measures, Naomi Schoenbaum
BYU Law Review
Geographic mobility is a celebrated feature of American life. Deciding where to live is seen not only as a key personal freedom, but also a means of economic advancement. Millions of Americans move each year over great distances. But while this right to travel is safeguarded by the Constitution, these mobility decisions are not entirely free. In terms of the decision to move long distances, employment and family reasons are central, and a regime of employment and family law “mobility measures” play a significant role in regulating why and how we move. This Article first sets forth this new framework …
Employee Notice Requirements Under The Family And Medical Leave Act: Are They Manageable?,
2012
Pepperdine University
Employee Notice Requirements Under The Family And Medical Leave Act: Are They Manageable?, Robert J. Aalberts, Lorne H. Seidman
Pepperdine Law Review
No abstract provided.
Fair Play Or A Stacked Deck?: In Search Of A Proper Standard Of Proof In Juvenile Dependency Hearings,
2012
Pepperdine University
Fair Play Or A Stacked Deck?: In Search Of A Proper Standard Of Proof In Juvenile Dependency Hearings, Linda Lee Reimer Stevenson
Pepperdine Law Review
No abstract provided.
Fanning An Old Flame: Alienation Of Affections And Criminal Conversation Revisited,
2012
Pepperdine University
Fanning An Old Flame: Alienation Of Affections And Criminal Conversation Revisited, Jill Jones
Pepperdine Law Review
No abstract provided.
Disentangling Symmetries: Speech, Association, Parenthood,
2012
Pepperdine University
Disentangling Symmetries: Speech, Association, Parenthood, Laurence H. Tribe
Pepperdine Law Review
No abstract provided.
Misappropriating Women’S History In The Law And Politics Of Abortion ,
2012
Seattle University School of Law
Misappropriating Women’S History In The Law And Politics Of Abortion , Tracy A. Thomas
Seattle University Law Review
To examine the veracity of the political and legal claims of a feminist history against abortion, this Article focuses on one of the leading icons used in antiabortion advocacy—Elizabeth Cady Stanton. Stanton has, quite literally, been the poster child for FFL’s historical campaign against abortion, appearing on posters, flyers, and commemorative coffee mugs. Advocates claim that Stanton is a particularly fitting spokesperson because she was a “feisty gal who had seven children and was outspokenly pro-life.” They claim that she “condemned abortion in the strongest possible terms” and was “a revolutionary who consistently advocated for the rights of women, for …
