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An Introduction To Child Trafficking In The United States, Katherine Kaufka Walts 2012 Loyola University Chicago, School of Law

An Introduction To Child Trafficking In The United States, Katherine Kaufka Walts

Faculty Publications & Other Works

No abstract provided.


Beyond “Eros:” Relative Caregiving, “Agape” Parentage, And The Best Interests Of Children., Sacha M. Coupet 2012 Loyola University Chicago

Beyond “Eros:” Relative Caregiving, “Agape” Parentage, And The Best Interests Of Children., Sacha M. Coupet

Faculty Publications & Other Works

No abstract provided.


Decoupling Marriage & Procreation: A Feminist Argument For Same-Sex Marriage, Hannah Haksgaard 2012 University of South Dakota School of Law

Decoupling Marriage & Procreation: A Feminist Argument For Same-Sex Marriage, Hannah Haksgaard

Faculty Publications

The quickly arriving reality of same-sex marriage is a move forward for all couples who marry, including opposite-sex and transgender couples. This piece examines the way that same-sex marriage will improve these other marriages. In particular, I argue that the "essential aspects" of marriage remain sex and reproduction - domains associated with the wife in a traditional marriage in a way that serves to denigrate women. Although the long-existing link between procreation and marriage has begun to fade, it will not be until same-sex marriage is fully legalized that opposite-sex marriage can fundamentally change. Therefore, both feminists and advocates of …


Psychological Parentage, Troxel, And The Best Interests Of The Child, Rebecca L. Scharf 2012 University of Nevada, Las Vegas -- William S. Boyd School of Law

Psychological Parentage, Troxel, And The Best Interests Of The Child, Rebecca L. Scharf

Scholarly Works

No abstract provided.


Between Tradition And Progress: A Comparative Perspective On Polygamy In The United States And India, Cyra Akila Choudhury 2012 University of Colorado Law School

Between Tradition And Progress: A Comparative Perspective On Polygamy In The United States And India, Cyra Akila Choudhury

University of Colorado Law Review

Both the United States and India have had longstanding experiences with polygamy and its regulation. In the United States, the dominant Protestant majority has sought to abolish Mormon practices of polygamy through criminalization. Moreover, a public policy exception has been used to deny recognition of plural marriages conducted legally elsewhere. India's approach to polygamy regulation and criminalization has been both similar to and different from that of the United States. With a sizable Muslim minority and a legal framework that recognizes religious law as family law, India recognizes polygamy in the Muslim minority community. However, it has criminalized it in …


Counting From One: Replacing The Marital Presumption With A Presumption Of Sole Parentage, Julie Shapiro 2012 Seattle University School of Law

Counting From One: Replacing The Marital Presumption With A Presumption Of Sole Parentage, Julie Shapiro

Faculty Articles

No abstract provided.


Building Resilience In Foster Children: The Role Of The Child's Advocate, Frank E. Vandervort, James Henry, Mark A. Sloane 2012 University of Michigan Law School

Building Resilience In Foster Children: The Role Of The Child's Advocate, Frank E. Vandervort, James Henry, Mark A. Sloane

Articles

This Article provides an introduction to, and brief overview of trauma, its impact upon foster children, and steps children's advocates" can take to lessen or ameliorate the impact of trauma upon their clients. This Article begins in Part 11 by defining relevant terms. Part III addresses the prevalence of trauma among children entering the child welfare system. Part IV considers the neurodevelopmental (i.e., the developing brain) impact of trauma on children and will explore how that trauma may manifest emotionally and behaviorally. With this foundation in place, Part V discusses the need for a comprehensive trauma assessment including a thorough …


Psychological Evaluation Of Parenting Capacity In Child Welfare Proceedings, Katherine L. Rosenblum, Joshua B. Kay 2012 University of Michigan Center for Human Growth & Development

Psychological Evaluation Of Parenting Capacity In Child Welfare Proceedings, Katherine L. Rosenblum, Joshua B. Kay

Articles

In the child welfare context, courts, attorneys, and child protection agencies often turn to psychologists to evaluate parenting capacity. As evaluators in child protection cases, psychologists may be asked to evaluate different parties for different purposes, acting as agents of the court, the child protection agency, or directly retained by the parents or the lawyer guardian ad litem. In this article we focus specifically on psychological evaluations addressing issues pertaining to parenting capacity (in contrast to, for example, assessments that focus solely on child psychological well-being or developmental status). These types of assessments may help to inform dispositional decisions, including …


Who Owns The Soul Of The Child?: An Essay On Religious Parenting Rights And The Enfranchisement Of The Child, Jeffrey Shulman 2012 Georgetown University Law Center

Who Owns The Soul Of The Child?: An Essay On Religious Parenting Rights And The Enfranchisement Of The Child, Jeffrey Shulman

Georgetown Law Faculty Publications and Other Works

At common law, and (for most of the nation's history) under state statutory regimes, the authority of the parent to direct the child's upbringing was a matter of duty, not right, and chief among parental obligations was the duty to provide the child with a suitable education. It has long been a legal commonplace that at common law the parent had a "sacred right" to the custody of his or her child, that the parent's right to control the upbringing of the child was almost absolute. But this reading of the law is sorely anachronistic, less history than advocacy on …


My Daddy's Name Is Donor: Evaluating Sperm Donation Anonymity And Regulation, Mark Ballantyne 2012 University of Richmond

My Daddy's Name Is Donor: Evaluating Sperm Donation Anonymity And Regulation, Mark Ballantyne

Richmond Public Interest Law Review

In Part I, this comment explores the debate on anonymous sperm donation and the current law in the United States. Part II surveys new developments in the regulation of sperm donation internationally and domestically. Part III reviews "My Daddy's Name is Donor" and how its findings relate to the anonymity debate. Part IV concludes with suggestions regarding the national registry and future regulation of sperm donation in the United States.


Virtual Adultery: No Physical Harm, No Foul?, Kathryn Pfeiffer 2012 University of Richmond

Virtual Adultery: No Physical Harm, No Foul?, Kathryn Pfeiffer

Law Student Publications

New forms of social media and virtual communication are changing the ways in which we meet new people and develop meaningful relationships. In today's world, you can skype a long-distance significant other or join an Internet chat room to find others who share a similar interest. While, in many ways, the Internet has facilitated our ability to interact with others unencumbered by geographical location or time zone, its unfettered reach has proved to be problematic for one relationship in particular-the marital unit. Studies show that more marriages are ending because of "virtual infidelity," the term used to describe nonphysical behavior …


Reforming The Safe Haven In Ohio: Protecting The Rights Of Mothers Through Anonymity, Brittany Neal 2012 Cleveland State University

Reforming The Safe Haven In Ohio: Protecting The Rights Of Mothers Through Anonymity, Brittany Neal

Journal of Law and Health

This Note discusses the conflict between the statewide safe haven law and the Ohio juvenile rules regarding procedure. It purports that to protect the rights of new mothers and retain the essential element of anonymity, Ohio’s Juvenile Rule 1(C) needs to be amended to maintain the state’s current safe haven law. Therefore, because of the statewide threat Ohio courts place on Ohio’s safe haven law, Juvenile Rule 1(C) needs to explicitly provide for an additional exception in cases of child relinquishment. Section II of this Note discusses the beginning of state safe haven legislation and what the laws are attempting …


I Do. Is That Okay With You?: A Look At How Most States Are Circumventing The Full Faith And Credit Clause And Equal Protection Clause To Not Recognize Legal Same-Sex Marriages From Other States And Its Effect On Society, Rebecca Hameroff 2012 Florida A&M University College of Law

I Do. Is That Okay With You?: A Look At How Most States Are Circumventing The Full Faith And Credit Clause And Equal Protection Clause To Not Recognize Legal Same-Sex Marriages From Other States And Its Effect On Society, Rebecca Hameroff

Florida A & M University Law Review

Due to statutes, bans, and the Federal Defense of Marriage Act, states do not have to recognize legal same-sex marriages from sister states that recognize same-sex marriage. This paper examines the denial of the fundamental right to marriage for same-sex couples, the violation of the Full Faith and Credit Clause of Article IV, Section 1 of the United States Constitution and Equal Protection Clause of the Fourteenth Amendment of the United States Constitution by not recognizing same-sex marriages legally performed in other states. It starts by looking at the impact these practices have on same-sex couples and the toll it …


Children's Interests: An Annotated Bibliography, 2010-12, Nancy Levit 2012 University of Missouri - Kansas City, School of Law

Children's Interests: An Annotated Bibliography, 2010-12, Nancy Levit

Faculty Works

This bibliography covers law review articles published, for the most part, after 2008. Articles for which the title is self-explanatory or that concern only a single case, state, or statute are cited, but not annotated.


Spoliation In Child Welfare: Perspectives And Solutions, Dale Margolin 2012 University of Richmond

Spoliation In Child Welfare: Perspectives And Solutions, Dale Margolin

Richmond Journal of Law and the Public Interest

This article examines the potential effects of failing to preserve or produce evidence in the child welfare tort context. Section Two provides an overview of the record-keeping policies and practices in child protective systems throughout the country. It also describes the toll that civil litigation has taken on these systems because of negligent care of children. Section Three explains spoliation and its civil and criminal ramifications in other contexts. Section Four analyzes the effects that missing records have on child welfare torts. Section Five discusses best practices for attorneys and courts in addressing spoliation in child welfare tort litigation. Section …


Of Wife And The Domestic Servant In The Arab World, Lama Abu-Odeh 2012 Georgetown University Law Center

Of Wife And The Domestic Servant In The Arab World, Lama Abu-Odeh

Georgetown Law Faculty Publications and Other Works

The author asserts to avoid common misunderstandings on the relevance of Sharia to modern women in the Arab World that a) Shari’s relevance to the lives of modern women in the Arab World has been largely confined to the area of family law, b) in the modern nation state Sharia has been codified, i.e., certain rules derived from Islamic jurisprudence on the family have been selected and passed as laws, each nation state having its own unique combination of such rules, c) the courts and the judges who adjudicate disputes on family law are either secular courts/judges, or judges trained …


The Constitutional Right To (Keep Your) Same-Sex Marriage, Steve Sanders 2012 Indiana University Maurer School of Law

The Constitutional Right To (Keep Your) Same-Sex Marriage, Steve Sanders

Articles by Maurer Faculty

Same-sex marriage is legal in six states, and nearly 50,000 same-sex couples have already married. Yet 43 states have adopted statutes or constitutional amendments banning same-sex marriage (typically called mini defense of marriage acts, or “mini-DOMAs”), and the vast majority of these measures not only forbid the creation of same-sex marriages, they also purport to void or deny recognition to the perfectly valid same-sex marriages of couples who migrate from states where such marriages are legal. These non-recognition laws effectively transform the marital parties into complete legal strangers to each other, with none of the customary rights or incidents of …


Locking In Wedlock: Reconceptualizing Marriage Under A Property Model, Ruth Sarah Lee 2012 Barry University School of Law

Locking In Wedlock: Reconceptualizing Marriage Under A Property Model, Ruth Sarah Lee

Barry Law Review

No abstract provided.


The New Illegitimacy: Children Of Cohabiting Couples And Stepchildren, Cynthia Grant Bowman 2012 Cornell Law School

The New Illegitimacy: Children Of Cohabiting Couples And Stepchildren, Cynthia Grant Bowman

Cornell Law Faculty Publications

The legal treatment of children of unmarried parents and stepchildren must be changed if they are not to be disadvantaged in comparison with children of married parents. With respect to the areas of law discussed in this Article, legal reform is necessary in a variety of situations in which legitimate children receive what is the functional equivalent of posthumous support-that is, inheritance in the absence of a will, social security survivors benefits, workers' compensation, and tort suits for wrongful death and loss of consortium. Cohabitants and stepchildren of both married and unmarried parents should be added to the persons listed …


The Legal Relationship Between Cohabitants And Their Partners' Children, Cynthia Grant Bowman 2012 Cornell Law School

The Legal Relationship Between Cohabitants And Their Partners' Children, Cynthia Grant Bowman

Cornell Law Faculty Publications

This Article argues that U.S. law should give protection to relationships between cohabitants and their partners 'children when necessary to avoid the economic and emotional trauma that may be caused by separation of the child from a member of his or her household if the cohabitation ends. After examining the social science literature about the welfare of both stepchildren and children of cohabitants and the inadequate legal treatment of custody, visitation, and child support issues under current law, the author recommends that cohabiting stepparents (1) be given standing to seek custody if they have acted as de facto parents, with …


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